HomeMy WebLinkAboutContract 1300-3 C 1300-3
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The Spirit of the Desert
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CATHEDRAL CITY
AND
THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES
(AFSCME)
LOCAL 3961
RELATING TO GENERAL EMPLOYEES
(July 1, 2014 —June 30, 2019)
TABLE OF CONTENTS
AFSCME MOU
2014 - 2019
ARTICLE 1 MAINTENANCE OF MEMBERSHIP;CONTRACT BAR; PETITIONS FOR
DECERTIFICATION I
1.1 Maintenance of Membership; Contract Bar; Petitions for Decertification 1
1.2 Dues and other Deductions 1
ARTICLE 2 SEVERABILITY 2
ARTICLE 3 STRIKES AND/OR JOB ACTIONS 2
ARTICLE 4 TERM 2
ARTICLE 5 GENERAL PROVISIONS 2
5.1 Equal Employment Opportunity 2
5.2 Safety and Health 2
5.2.1 Impairment 2
5.2.2 Safety Equipment 3
5.3 Employee Activities 3
5.4 Inconsistent Employee Activities 3
5.5 Improper Use of City Equipment Prohibited 4
5.6 Political Activity 4
5.7 Criminal Conviction-Ineligibility for Employment 4
ARTICLE 6 MANAGEMENT RIGHTS 5
6.1 Exclusive Control of Certain Aspects 5
6.2 Not Subject to Grievance Procedure 5
6.3 Meet and Confer 5
ARTICLE 7 COMPENSATION 6
7.1 Salary Schedule Adjustment 6
7.2 Salary Advancement-Full-time Employees 6
7.2.1 Merit Increase Advancement 6
7.2.2 Merit Step Increase 6
7.2.3 Longevity Merit Increase 6
7.2.3.1 15-&20-Year Longevity Merit Step 6
7.2.4 Performance Evaluation Grievance 6
7.3 Salary on Promotion 6
7.4 Salary on Demotion 7
7.5 Salary on Reinstatement 7
7.6 Salary on Transfer 7
7.7 Salary on Position Reclassification 7
7.8 Special Salary Adjustments 8
7.9 Overtime 8
7.10 Standby Pay 8
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7.11 Call-Out Pay 8
7.12 Compensation for Layoff 8
7.13 Compensation during Suspension 8
7.14 Salary on Voluntary Demotion 9
7.15 Bilingual Pay 9
7.16 Acting Appointments 9
7.16.1 Acting Appointment Compensation 9
7.17 Shift Differential 10
7.18 Public Safety Dispatcher II Training Incentive 10
7.19 Compensation for Vehicle Use 10
7.20 Restitution 10
7.21 Error in Determination of Correct Salary Rate 10
7.22 Specialized Licenses 10
ARTICLE 8 RECRUITMENT AND SELECTION 10
8.1 Physical Requirements 10
8.2 Separation 11
8.3 Voluntary Demotion 11
8.4 Transfer 11
ARTICLE 9 PROBATION 11
9.1 General Unit Employees 11
9.2 Probationary Period-Public Safety Dispatchers 11
9.3 Probation on Promotion or Reinstatement 11
9.4 Objective of Probationary Period 12
9.5 Satisfactory Completion of Probation Period 12
9.6 Unsuccessful Probation Period 12
9.7 Probation Following Layoff 12
9.8 Voluntary Probation 12
ARTICLE 10 EMPLOYEE LAYOFF PROCEDURES 12
10.1 Purpose for Layoffs 12
10.2 Bargaining Unit Notification 12
10.3 Order of Layoff 13
10.4 Layoff and Seniority 13
10.5 Layoff Notice 13
10.6 Reassignment 13
10.7 Reinstatement List 13
ARTICLE 11 CONDUCT AND DISCIPLINE 14
11.1 Standards of Conduct 14
11.2 Improper Employee Conduct 14
11.3 Disciplinary Action 15
11.3.1 Types of Discipline 15
11.3.1.1 Verbal Counseling 15
11.3.1.2 Verbal Reprimand 15
11.3.1.3 Written Reprimand 15
11.3.1.4 Suspension 16
11.3.1.5 Demotion 16
11.3.1.6 Dismissal 16
11.3.2 Order of Discipline 16
11.3.3 Most Severe Discipline 16
11.3.4 Discipline and Probation 16
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11.3.5 Non-Consideration of Outdated Negative Materials 16
11.3.6 Suspension, Demotion, Dismissal 16
11.4 Hearings, Appeals and Grievances 17
11.4.1 Pre-Discipline Meeting Procedures 17
11.4.2 Appeals Procedures 17
ARTICLE 12 ATTENDANCE AND LEAVES 19
12.1 Attendance at Work; Absence without Leave 19
12.2 Automatic Resignation 19
12.3 Hours of Work 20
12.4 Work Week 20
12.4.1 Work Scheduling; Shift Selection 20
12.4.1.1 Work Schedule 20
12.4.1.2 Longevity Pool 20
12.4.1.3 Shift Selection by Seniority 20
12.5 Leave of Absence 21
12.6 Military Duty 21
12.7 Vacation Leave 21
12.7.1 Vacations 21
12.7.2 Vacation Accumulation 21
12.7.3 Holidays or Illness within Vacation Period 22
12.7.4 Vacation Credits When Employment Terminates 22
12.7.5 Effect of Absence on Vacation Crediting 22
12.8 Discretionary Time Off 22
12.9 Compensatory Time 22
12.10 Holidays and Other Paid Days Off 23
12.10.1 Holidays on Weekend Days 23
12.10.2 Holidays-Time off or Extra Pay-Generally 23
12.10.3 Holiday Compensation for Shift Work Employees 23
12.10.4 Reasonable Notice on Change of Shift and Request for Time Off 23
12.10.5 Other Employees 24
12.10.6 Floating Holiday Waiver 24
12.10.7 Jury Duty 24
12.10.8 Bereavement Leave 25
12.11 Sick Leave 25
12.11.1 Sick Leave, Accrual Limit,Payoff and Cash-Out for Employees Hired
On or Before June 30, 2014 25
12.11.2 Sick Leave Conversion to Vacation Leave for Employees Hired
On Before June 30, 2014 26
12.11.3 Sick Leave Accrual,Limit and Disposition for Employees Hired
On or After July 1,2014 26
12.11.4 Effect of Absence on Sick Leave 26
12.12 Family Illness Leave 26
12.13 Unauthorized Leave 26
12.14 Catastrophic Leave Donation 26
12.14.1 Employee's Own Personal Extended Illness 26
12.14.2 Serious Illness or Injury of a Member of Employee's Immediate Family 27
12.14.3 Leave Donation Eligibility Procedures 27
12.14.4 Leave Donation Procedure 27
12.15 Family/Medical Leave 28
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ARTICLE 13 GRIEVANCE PROCEDURES 28
13.1 Matters Subject to Grievance Procedures 28
13.2 Informal Grievance Procedure 28
13.3 Formal Grievance Procedure 28
13.4 Appeal to the City Manager 28
13.5 Extension of Time Limitations 28
ARTICLE 14 EMPLOYEE REPORTS AND RECORDS 29
14.1 Personnel File 29
14.2 Disclosure of Information 29
ARTICLE 15 EDUCATIONAL INCENTIVE 29
15.1 Education Loan 29
ARTICLE 16 FRINGE BENEFITS 30
16.1 Enrollment in Group Insurance Plans 30
16.1.1 Medical Coverage 30
16.1.2 Ancillary Benefits 30
16.1.3 In Lieu Payment 30
16.1.4 Group Health Plan Continuation upon Retirement 31
16.2 Public Employees Retirement System 31
16.3 Uniform and Equipment Allowances 31
16.3.1 Police Department 31
16.3.2 Public Works, Building Maintenance and Code Compliance Personnel 32
16.4 Deferred Compensation 32
16.5 Short Term and Long Term Disability 32
16.6 Wellness Program 32
ARTICLE 17 AGREEMENT ALL INCLUSIVE 32
SIGNATURE PAGE 33
LETTERS OF AGREEMENT
Bilingual Pay 34
Float Distribution .35
FAMILY CARE AND MEDICAL LEAVE POLICY
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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. (July 1, 2014 -
June 30,2019).
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, the secretaries in the City
Manager's office, the secretary to the City Council, Personnel Analyst,
City Clerk and any staff member assigned to Administration, Personnel or
who serves as the Finance Director's Secretary.
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.
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 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. Any employee who is a member of AFSCME may authorize the City to
deduct from his or her wages AFSCME membership dues and/or a "PEOPLE" deduction by
submitting the appropriate written authorization form to both AFSCME and the City. In such a case,
the City agrees to deduct from the wages of such an employee AFSCME membership dues and/or a
"PEOPLE" deduction. Such an authorization must be signed by the employee and may be revoked
by the employee only during the calendar month of July and only by the employee giving written
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notice to both AFSCME and the City. The City agrees to remit any deductions made pursuant to this
provision to AFSCME, together with an itemized statement setting forth the name of each employee
from whose wages such deductions have been made and the amount(s) deducted during the period
covered by the remittance.
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.
ARTICLE 4
TERM
This Agreement shall be in effect beginning July 1, 2014, and shall continue in full force and effect until
June 30,2019.
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. Each employee shall comply with CAL/OSHA safety laws,rules and regulations.
All employees shall follow safe practices, 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
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hazardous to himself/herself or to others. No employee shall have in his or her possession
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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 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.
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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:
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.
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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:
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;
i. 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;
1. 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.
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
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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. Adjustments during the turn of this agreement are effective
beginning the first pay period following the designated date:
A. 2%following 01/01/2015
B. 2%following 07/01/2015
C. 3%following 01/01/2016
D. 4%following 07/01/2016
E. For increases following 07/01/2017 and 07/01/2018,Consumer Price Index(CPI)* not to
exceed 4%as published for the 12-month period concluding April 2017 and 2018,
respectively.
The parties agree to a reopener only in year four(2017)for years four and five(2017 and 2018)of
this agreement related solely to the cost-of-living adjustment.
* CPI for all Urban Wage Earners for the Los Angeles-Riverside-Orange County area
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 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 service.
7.2.2 Merit Step Increase. 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. 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.
7.2.3 Longevity Merit Increase. Advancement to a longevity merit step may occur after two (2)
years satisfactory service in the next preceding step in the respective salary range. 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.
7.2.3.1 Fifteen and Twenty-Year Longevity Merit Increases. The City shall provide two(2)
additional longevity salary increments to bargaining unit employees. The longevity
increments will apply at fifteen (15) years and twenty (20) years of employment
with the City. The increments shall be processed through the procedures provided in
section 7.2,Merit Step Increase.
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a. Tier One Employees (as defined in Section 16.1.4.a): For the 15-year
increment, the employee shall be compensated an additional 7.5% of base pay.
For the 20-year increment,the employee shall be compensated an additional 5%
of base pay.
b. Non-Tier One Employees (both Classic and PEPRA): For each increment, the
employee shall be compensated an additional 2.5%of base pay.
7.2.4 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.
7.3 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 A in the new higher range or placed at the step which provides
at least a minimum 5% 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 employee 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
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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 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 A in the new higher
range or placed at the step which is a minimum 5% 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
weekends, subject to approval of the City Manager. Pay for designated standby shall be eight (8)
hours regular pay per weekend (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 two (2) hours minimum time credit (three [3] hours pay) for any
call-out during any weekend or after hours call-out if the employee had been released from work on
a normal business day and had returned home. This minimum call-out credit shall not be paid for
overtime work continuous with the regular workweek, for which normal overtime will be paid,
without a minimum time credit.
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 overtime. 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.
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
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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 "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 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 "Y" 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 a 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
lump sum payment in the amount of$208.00 on or before July 1 of each year. This lump
sum payment is in addition to the $.50 per hour specified in Section b below. Eligible
employees must successfully complete an initial and a biennial assessment test to receive
such designation. An employee who fails the assessment test may re-take the test every six
(6)months. Changes to the assessment process are subject to meet and confer.
b. Those employees who possess bilingual skills and do not utilize said skills on a regular basis
shall continue to receive bilingual compensation of$.50 per hour until said compensation is
voluntarily eliminated by the employee. Employees receiving the bilingual compensation
will be required to use their bilingual skills from time to time. An employee's refusal to use
said skill will result in the elimination of the bilingual pay.
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 only after fifteen (15) working days in such
acting capacity.
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.
7.16.1 Acting Appointment Compensation. Commencing on the 16th working day, employees
assigned to acting appointments will be placed on Step 1 of the salary range established for
the position in which they are serving. If Step 1 does not provide the employee with
additional compensation, the employee will be placed on a step that provides no less than a
five percent (5%) increase in compensation, but shall not exceed the maximum salary range
level established for the position in which they are serving.
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.
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7.18 Public Safety Dispatcher II Training Incentive. When an employee in the classification Public
Safety Dispatcher II is requested to train a newly hired employee in the classifications Public Safety
Dispatcher I and/or Public Safety Dispatcher II, he or she shall receive a five percent (5%) stipend
during the period of time he or she is required to provide such training.
7.19 Compensation for Vehicle Use. An employee shall be compensated for use of the employee's
personal vehicle on City business under rules set forth by the City Manager and at the rate set by
Council resolution.
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.
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 in the classification Maintenance Worker I or
Maintenance Worker II is directed to utilize a specialized license which is not otherwise required by
his or her job classification, he or she shall receive a five percent(5%)stipend.
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
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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 re-
ported 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.
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
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probation" procedures. If no vacancy exists 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.
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
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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.
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
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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.
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.
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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 time cards 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.
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.
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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.
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.
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11.3.6.3 Dismiss for cause any regular employee.
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.
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.
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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.
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
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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, 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.
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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.
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 thirty (30) days prior to
the shift with assignments to be finalized ten (10) 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.
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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 work days. Any employee on an approved leave of
absence shall receive no vacation benefits and no sick leave after fifteen(15)consecutive work days.
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. All employees entitled to military leave shall give the department head an
opportunity, within the limits of military regulations, to determine when such leave shall be taken.
Compensation for such purposes shall not exceed thirty(30)days in any one(1)fiscal year.
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
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
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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 of any unpaid absence shall be excluded from
computation.
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 by separate check. 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. 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.
The City and AFSCME agree that, in the event the City and the Police Officers' Association agree to
the elimination of compensatory time, all accumulation and use of compensatory time will be
discontinued, accumulated compensatory time will be paid off at the rate of time and one half the
employee's current salary rate and thereafter overtime pay will be used instead.
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12.10 Holidays and Other Paid Time Off. Employees not assigned to work shift schedules shall receive the
following paid holidays:
a. January 1 (New Year's Day)
b. Third Monday in February(Presidents Day)
c. Last Monday in May(Memorial Day)
d. July 4(Independence Day)
e. First Monday in September(Labor Day)
f. November 11 (Veterans Day)
g. Fourth Thursday in November(Thanksgiving Day)
h. Friday following Thanksgiving Day
i. December 25 (Christmas Day)
j. In addition, except for 12-hour employees, float hours shall be credited to the employee's
float bank each pay period to bring the total combined hours of the above holidays and
float time to 144 per year. If an employee requests that float hours be taken on Martin
Luther King Day or Cinco de Mayo, it shall be approved unless adequate staffing for
departmental operations would be threatened by such approval.
k. For 12-hour employees, float hours shall be credited to the employee's float bank at the
rate of 12 hours on January 1,July 1 and September 1 to equal the combined total hours of
the above holidays and float time to 144 per year. If an employee requests that float hours
be taken on Martin Luther King Day or Cinco de Mayo, it shall be approved unless
adequate staffing for departmental operations would be threatened by such approval.
I. Any day declared to be a holiday by proclamation of the Mayor.
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 the 4-10 schedule, holidays which fall on a Friday will be
observed on the preceding Thursday.
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.
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
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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 day's 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 floating holiday or float hours not so taken is/are deemed to be
waived by the employee.
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 work day
shall return to work to complete any remaining portion of regularly scheduled work hours
unless otherwise excused by the department head. The employee shall be entitled to retain
juror fees as reimbursement for expenses associated with jury duty. Employees working
rotational shifts such as swing or grave, who are summoned for jury duty, shall request an
exemption from or a postponement of such jury duty. If that request is denied, the City,
the department, and the employees association shall join in efforts to obtain the exemption
or postponement. If the request is still denied,the situation will be addressed on a case-by-
case basis. 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.
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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.
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
five hundred eighty (580) 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.
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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
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:
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 On or After July 1, 2014.
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 work days(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.
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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 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.
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.
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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. The City has policies regarding Family/Medical Leave for employees. A
copy of the City's current Family/Medical Leave policies is attached to this Agreement as
Attachment"1." The City will provide a copy of these policies to new employees at the time of hire.
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. 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 five(5)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 five (5) 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 five (5)
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 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.
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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
The City shall adopt procedures under which an employee may be reimbursed for educational assistance in
an amount not to exceed $1,200 in any one fiscal year with a lifetime total accumulation of such assistance
not to exceed $6,000. 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 Assistant 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 educational reimbursement received dating back six (6) months from
his/her termination date.
15.1 Education Loan. An employee who has reached his/her lifetime assistance of $6,000 for tuition
reimbursement and desires to continue his/her education may receive a loan from the City utilizing
the accrued leave as collateral. In addition, the employee may request that the loan be issued to
him/her interest-free and shall make such request in writing to the City Manager or his/her designee.
The determination that the loan shall be issued to said employee interest-free shall be made upon
presentation of evidence that such waiver serves an official city policy or directive, including but not
limited to upgrading the educational level and training of the City's workforce and enhancing
employee morale and loyalty. Said loan will be limited to formal education leading to a Bachelor
degree or Masters'degree. Certificate programs are not eligible for the loan program.
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$ IA
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ARTICLE 16
FRINGE BENEFITS
16.1 Enrollment in Group Insurance Plans. All employees who are employed on a full-time basis (40
hours per week) shall be eligible to participate in such group insurance policies as are provided by
the City. The City will pay all of the costs of an employee's coverage for medical insurance.
Effective January 1,2013 the City shall provide a cafeteria-type benefit program.
16.1.1 Medical Coverage. Effective January 1, 2013 the City shall bear the cost of medical
insurance for employee with one dependent and employee with more than one dependent
coverage so long as an employee's dependents are eligible under the terms of the policy or
policies authorized from time to time by the City Council (to the same extent as the City
bears the cost of coverage for the employee) and so long as the employee does not select
the most expensive coverage available. The City's cost for medical insurance shall be
capped at an amount equivalent to the second highest cost of coverage. In the event an
employee selects the most expensive coverage, he or she shall be responsible for paying
the difference between the cost of the most expensive coverage and the cost of the second
most expensive coverage.
16.1.2 Ancillary Benefits(Dental,Vision and Short-Term Disability). The City shall offer dental,
vision, short-term disability and other coverage that the employee may voluntarily
purchase through payroll deduction. An employee may choose a less expensive medical
plan and use the remaining balance to pay for dental, vision and/or short-term disability.
Any unused funds shall remain with the City.
16.1.3 In-Lieu Payment. All employees represented by AFSCME will be requested to provide
information on similar health insurance provided to or available to the employee and/or the
employee's dependents through the employee's spouse or otherwise, to enable the City to
determine the effect of such available double coverage on the City's total health care costs.
Any employee who provides to the City evidence of insurance under a separate policy and
requests to be deleted from the City's coverage shall receive $250 per month for the
duration of this MOU, 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 a case, the City shall
reinstate the employee's coverage and cancel the in lieu payment if reinstatement is
permitted under this MOU and under the provisions for reinstatement then in effect with
the City's then-current health insurance provider.
16.1.4 Group Health Plan Continuation upon Retirement. Employees covered by this Agreement
retiring from City employment and who qualify as an "annuitant" under Government
Code section 22760 (retirement from the City within 120 days of separation from City
employment) may participate in such group health insurance policies as are provided by
the City under the following conditions:
a) Tier One Employees: All unit members hired prior to November 25, 2012 shall be
eligible for a City-paid contribution equivalent to the current amount given to active
unit members.
b) Tier Two/Classic and New PERS Members: The percentage of employer contribution
payable for retirement health benefits for unit members hired on or after November 25,
2012 shall be consistent with Government Code 22893,the uneven method for vesting
as follows, based on a formula determined by Ca1PERS:
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j (
Percentage of Employer Contribution
Credit Years of Service Per Ca1PERS Formula
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
As permitted by law,the City's health insurance policy shall become secondary to any
applicable federal or state government health programs as soon as the retired employee
becomes eligible for such program.
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.
i. Commencing July 8, 2012 members shall contribute 3.5% Employer Paid Member
Contribution(EPMC).
ii. 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.
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.
i. 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. (Not applicable
to Code Compliance personnel.)
31
16.3.2 Public Works, Building Maintenance and Code Compliance Personnel. For any employee of
the public works division or building maintenance section 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. Code compliance personnel 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 an equal contribution
by the employee according to the following schedule, effective the first pay period following the
designated date:
A. Up to$25.00 per pay period effective July 1, 2014.
B. Up to$35.00 per pay period effective January 1,2016
C. Up to$46.15 per pay period effective January 1, 2017.
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'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 $400 per fiscal year.
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.
32
APPROVED BY THE CITY COUNCIL
leen J. r:•osa,Mayor'
Executed this day of e e ,2014.
ATTEST:
Gary Howell
City Clerk
AMERICAN FEDERATION OF STATE,
CITY OF CATHEDRAL CITY COUNTY AND MUNICIPAL EMPLOYEES
_.004101f 41
•
,
Charles P.McClendon Steve ff
City Mana:-r AFSCME Representative
a *APy4,,,L__
Tami E. cott Sandy Rams -Woods,President
Admini ative Services Director AF` ME Local 3961
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Sy Ad A.Zelnys andra Martinez,Vice •residen
,
H V. Resources eager AFSC Local 3961
Eugeni Torres ".is Duncan,Treasurer E-.130001
Human Resources Coordinator AFSCME Local 3961
33
.. . >
CITY OF CATHEDRAL CITY, CALIFORNIA
Cat tCit
The Sphlf.of'he Desert V
The City of Cathedral City and AFSCME agree to the following regarding implementation of
changes to Article 7.15-Bilingual Pay:
1. Employees who passed the Spanish/English bilingual recertification test in June 2014
shall continue to receive the bilingual compensation provisions of Article 7.15 through
the pay period ending on or immediately following June 30, 2016. Before the end of
June 2016, Human Resources will administer a recertification test with these employees,
per the 2-year eligibility agreement.
2. Any employee(s) receiving bilingual compensation per Article 7.15 through June 30,
2014 who did not pass the Spanish/English bilingual recertification test in June 2014 or
did not recertify during this recertification period shall continue to receive the bilingual
compensation through the pay period ending on or immediately following December 31,
2014.
3. Before the end of December 2014, Human Resources will administer the recertification
test to those employees who did not take or did not pass the recertification test in June
2014. Those who pass the test in December 2014 shall continue to receive bilingual
compensation through the pay period ending on or immediately following December 31,
2016,per the 2-year eligibility agreement.
4. For employees who do not take or do not pass the recertification test when they are due,
bilingual compensation shall be discontinued effective the pay period ending on or
immediately following that due date. Employees may retake the test no sooner than six
months from the date of their most recent test. Upon passing the recertification test,
bilingual compensation shall be reinstituted at the beginning of the pay period following
their having passed the test.
5. The parties anticipate bilingual certification/recertification tests will be administered in
December and June,except for new employees who may take the test upon hire. Eligible
employees who are not receiving bilingual compensation shall initiate a request to
Human Resources before December 5th or June 5th to schedule their test.
VV�
Tami E.Scot Admin. Services Director Date Sandy Rams y-Woods,AFSCME President Date
For the City For the Union
68-700 Avenida Lalo Guerrero•Cathedral City•California•92234
Phone(760)770-0340• Fax(760)202-2511
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FLOAT DISTRIBUTION IMPLEMENTATION AGREEMENT
Break down of holidays/floats for ASFCME(2014 as model)
8-hour employee 10-hour employee 12-hour employee
January 1,2014 H 8.00 January 1,2014 H 10.00 January 1,2014 H 12.00
-- January 1,2014 F 12.00_
February 17,2014 H 8.00 February 17,2014 H 10.00' February 17,2014 H 12.00
May 26,2014 H 8.00 May 26,2014 H 10.00 May 26,2014 H 12.00
July 1,2014 F 12.00
July 4,2014, H 8.00 July 4,2014 H 10 00 July 4,2014 H 12.00
September er 1,2014 H 8.00 ,„ September 1, 2014 H 10.00 September 1,2014 H V 12.00
-- V September 1,2014 F 12.00
November 11,2014 H 8.00 November 11, 2014 H V 10.00 November 11, 2014 H V 12.00
November 27,2014 H 8.00 November 27,2014 H 10.00 November 27, 2014 H 12.00
November 28,2014 H 8.00 *** F -- November 28,2014 H 12.00
December 25,2014 H 8.00 December 25,2014 H 10.00 December 25,2014 H 12.00
1 Float spread all year w 72.00 Float spread all year 64 00
Total h jrs: ' '14400 . Total.hours 144 00 Total;hours 144.00 "
Per pay period float 2.77 Per pay:period float: 2;46
Cap 7.2.00. Cap , . 64 00 Cap 1..
*** 10-hour employees have 8 regular holidays. Because they have Fridays off in any case,the day after
Thanksgiving has always been included in their float hours.
When the MOU is ratified, float hours will be added to leave banks of 8-hour and 10-hour employees for the pay
periods missed while negotiations/ratifications were in progress. To avoid reaching the cap too early due to previous
float days already on the books,any hours in the float bank as of June 30, 2014 will be moved to the employee's
comp bank on a one-for-one basis. (Does not apply to 12-hour employees.)
IMPLEMENTA ION AGREEMENT:
Tami E Scot,Admin. Services Director Date Sandy Ramse -Woods,AFSCME President Date
For the City For the Union
1 If
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!! City of Cathedral City
Co. tf!{I'�di C1 '
Family Care and Medical Leave Policy
STATEMENT OF POLICY
To the extent not already provided for under current leave policies and provisions, the City of Cathedral
City will provide family and medical care leave for eligible employees as required by state and federal law.
The following provisions set forth certain of the rights and obligations with respect to such leave. Rights
and obligations which are not specifically set forth below are set forth in the Department of Labor
regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), Pregnancy
Disability Leave (PDL)and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise
provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA, PDL, and
CFRA.
II. DEFINITIONS
A. "12-Month Period"—means a rolling 12-month period measured backward from the date leave is taken
and continuous with each additional leave day taken.
B. "Child"—means a child under the age of 18 years of age, or 18 years of age or older who is incapable
of self-care because of mental or physical disability. An employee's child is one for whom the
employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or
stepchild.
C. "Parent" — means the biological parent of an employee or an individual who stands or stood in loco
parentis (in place of a parent) to an employee when the employee was a child. This term does not
include parents-in-law.
D. "Spouse"-means a husband or wife as defined or recognized under California State law for purposes
of marriage.
E. "Domestic partner," —as defined by Family Code §§ 297 and 299.2, shall have the same meaning as
"Spouse"for purposes of CFRA Leave.
F. "Serious health condition" — means an illness, injury impairment, or physical or mental condition that
involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility,
including any period of incapacity (i.e., inability to work, or perform other regular daily activities
due to the serious health condition, treatment involved, or recovery there from); or
2. Continuing treatment by a health care provider: A serious health condition involving continuing
treatment by a health care provider includes any one or more of the following:
a) A period of incapacity (i.e., inability to work, or perform other regular daily activities ) due to a
serious health condition of more than three consecutive calendar days, and any subsequent
treatment or period of incapacity relating to the same condition, that also involves:
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i) Treatment two or more times by a health care provider, by a nurse or physician's assistant
under direct supervision by a health care provider, or by a provider of health care services
(e.g., a physical therapist) under orders of,or on referral by a health care provider; or
ii) Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider. This includes for
example, a course of prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over the counter, and can be
initiated without a visit to a health care provider, it does not constitute a regimen of
continuing treatment.
b) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to
FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy
is entitled to pregnancy disability leave.)
c) Any period of incapacity or treatment for such incapacity due to a chronic serious health
condition. A chronic serious health condition is one which:
i. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's
assistant under direct supervision of a health care provider;
ii. Continues over an extended period of time (including recurring episodes of a single
underlying condition); and
iii. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
epilepsy, etc). Absences for such incapacity qualify for leave even if the absence lasts only
one day.
d) A period of incapacity which is permanent or long term due to a condition for which treatment
may not be effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care provider.
e) Any period of absence to receive multiple treatments (including any period of recovery there
from) by a health care provider or by a provider of health care services under orders of, or on
referral by, a health care provider, either for restorative surgery after an accident or other
injury, or for a condition that would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or treatment.
G. "Health Care Provider" means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State
of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another
state or jurisdiction, including another country, who directly treats or supervises treatment of a
serious health condition;
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment
consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray
to exist) authorized to practice in California and performing within the scope of their practice as
defined under California State Law;
4. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice
under California State law and who are performing within the scope of their practice as defined
under California state law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
Massachusetts; and
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6. Any health care provider from whom an employer or group health plan's benefits manager will
accept certification of the existence of a serious health condition to substantiate a claim for
benefits.
H. "Active Duty" means a duty under a call to order of active, retired, reserves, or national guard
members of the united States Armed Forces by law or any other provision of law during a war or
national emergency declared by the President or Congress.
I. "Contingency Operation" — means a military operation that (1) is designated by the Secretary of
Defense as an operation in which members of the United States Armed Forces are or may become
involved in military actions, operations, or hostilities against an enemy of the United States or against
an opposing military force; or(2) results in the call to order of active duty members of the Untied Sates
Armed Forces by law or any other provision of law during a war or national emergency declared by the
President or Congress.
J. "Covered Service member" — means a member of the United States Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or
therapy, in otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a
serious injury or illness.
K. "Outpatient Status" means the status of a member of the United States Armed Forces assigned to: (1)
a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of
providing command and control of members of the Armed Forces receiving medical care as
outpatients.
L. "Next of Kin"—means the nearest blood relative of an injured service member.
M. "Serious Injury or Illness" means an injury or illness incurred by a member of the Armed Forces in the
line of duty on active duty that may render the member medically unfit to perform the duties of the
member's office, grade, rank, or rating.
III. REASON FOR LEAVE
Leave is only permitted for the following reasons:
A. The birth of a child or to care for a newborn of an employee;
B. The placement of a child with an employee in connection with the adoption or foster care of a child;
C. Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition;
D. Leave because of a serious health condition that makes the employee unable to perform the functions
of his/her position.
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E. Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse, son,
daughter, or parent is on active military duty or has been notified of an impending call or order to
active duty in support of a contingency operation involving the United States Armed Forces; or
F. Leave to care for a spouse, son, daughter, parent, or"next of kin" service member of the Untied States
Armed Forces who has a serious injury or illness incurred in the line of duty while on active military
duty(this leave can run up to 26 weeks of unpaid leave during an employer's 12-month period).
IV. EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee:
A. Has been employed for at least 12 months; and
B. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the
commencement of the leave.
V. AMOUNT OF LEAVE
Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for an injured service
member) of leave during any 12-month period.
A. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave
must be concluded within one year of the birth or placement of the child. In addition, the basic
minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of
these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration
on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious
health condition, there is no minimum amount of leave that must be taken. However, the notice and
medical certification provisions of this policy must be complied with.
B. Spouses Both Employed By The City of Cathedral City
In any case in which a husband and wife both employed the City of Cathedral City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12
workweeks during any 12-month period if leave is taken for the birth or placement for adoption or
foster care of the employees' child (i.e., bonding leave).
In any case in which a husband and wife both employed by the City of Cathedral City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 26
workweeks during any 12-month period if leave is taken to care for an injured service member.
Except as noted above, this limitation does not apply to any other type of leave under this policy.
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VI. EMPLOYEE BENEFITS WHILE ON LEAVE
Leave under this policy may be paid or unpaid. While on leave, employees will continue to be covered by
the City of Cathedral City's group health insurance to the same extent that coverage is provided while the
employee is on the job.
If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the
City of Cathedral City shall have the right to recover its share of health plan premiums for the entire leave
period, unless the employee does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or his/her family member which would entitle the employee to leave, or
because of circumstances beyond the employee's control. The City of Cathedral City shall have the right
to recover premiums through deduction from any sums due the city of Cathedral City (e.g. unpaid wages,
vacation pay, etc.).
VII. SUBSTITUTION OF PAID ACCRUED LEAVES
While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid
accrued leave. Similarly, the City of Cathedral City may require an employee to concurrently use paid
accrued leave after requesting FMLA and/or CFRA leave, and may also require an employee to use family
and medical care leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
A. Employee's Right To Use Paid Accrued Leaves Concurrently With Family Leave
Where an employee has earned or accrued paid vacation, compensatory time, or personal or sick
leave, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this
policy.
As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
1. The leave is for the employee's own serious health condition; or
2. The leave is needed to care for a parent, spouse, child, or domestic partner with a serious health
condition, and would be permitted as sick leave under the City of Cathedral City's sick leave
policy.
B. City of Cathedral City's Right to Require An Employee To Use Paid Leave When Using FMLA/CFRA
Leave
1. Employees are not required to use accrued compensatory time earned in lieu of overtime
earned pursuant to the Fair Labor Standards Act; and
2. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the
leave is for the employee's own serious health condition.
C. City of Cathedral City's Right To Require An Employee To Exhaust FMLA/CFRA Leave Concurrently
With Other Leaves
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If an employee takes a leave of absence for any reason which is FMLA/CFRA-qualifying, the City of
Cathedral City may designate that non-FMLA/CFRA leave as running concurrently with the
employee's 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers and
firefighters who are on leave pursuant to Labor Code §4850.
D. City of Cathedral City's and Employee's Rights If An Employee Requests Accrued Leave Without
Mentioning Either the FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without
reference to a FMLA/CFRA-qualifying purpose, the City of Cathedral City may not ask the employee if
the leave is for a FMLA/CFRA-qualifying purpose. However, if the City of Cathedral City denies the
employee's request and the employee provides information that the requested time off is for a
FMLA/CFRA-qualifying purpose, the City of Cathedral City may inquire further into the reason for the
absence. If the reason is FMLA/CFRA-qualifying, the City of Cathedral City may require the employee
to use accrued leave as described above.
VIII. MEDICAL CERTIFICATION
Employees who request leave for their own serious health condition or to care for a child, parent or spouse
who has a serious health condition must provide written certification from the health care provider of the
individual requiring care if requested by the City of Cathedral City.
If the leave is requested because of the employee's own serious health condition, the certification must
include a statement that the employee is unable to work at all or is unable to perform the essential
functions of his/her position.
Employees who request leave to care for an injured service member who is a child, spouse, parent, or
"next of kin" of the employee must provide written certification from a health care provider regarding the
injured service member's serious injury or illness.
A. Time To Provide A Certification
When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical
certification is requested, the employee must provide it before the leave begins. When this is not
possible, the employee must provide the requested certification to the City of Cathedral City within the
time frame requested by the City of Cathedral City (which must allow at least 15 calendar days after
the employer's request), unless it is not practicable under the particular circumstances to do so despite
the employee's diligent, good faith efforts.
B. Consequences For Failure To Provide An Adequate Or Timely Certification
If an employee provides an incomplete medical certification the employee will be given a reasonable
opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame established by
this policy, the City of Cathedral City may delay the taking of FMLA/CFRA leave until the required
certification is provided.
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4. ,�
C. Recertification
If the City of Cathedral City has reason to doubt the validity of a certification, the City of Cathedral City
may require a medical opinion of a second health care provider chosen and paid for by the City of
Cathedral City. If the second opinion is different from the first, the City of Cathedral City may require
the opinion of a third provider jointly approved by the City of Cathedral City and the employee, but paid
for by the City of Cathedral City. The opinion of the third provider will be binding. An employee may
request a copy of the health care provider's opinions when there is a recertification.
D. Intermittent Leave Or Leave On A Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave
schedule to care for an immediate family member with a serious health condition {"serious health
condition"}, the employee must provide medical certification that such leave is medically necessary.
"Medically necessary" means there must be a medical need for the leave and that the leave can best
be accomplished through an intermittent or reduced leave schedule.
IX. EMPLOYEE NOTICE OF LEAVE
Although the City of Cathedral City recognizes that emergencies arise which may require employees to
request immediate leave, employees are required to give as much notice as possible of their need for
leave. If leave is foreseeable, at least 30 day's notice is required. In addition, if an employee knows that
he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or take
care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will
be needed. Such notice may be orally given. If the City of Cathedral City determines that an employee's
notice is inadequate or the employee knew about the requested leave in advance of the request, the City
of Cathedral City may delay the granting of the leave until it can, in its discretion, adequately cover the
position with a substitute.
X. REINSTATEMENT UPON RETURN FROM LEAVE
A. Right To Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held
when the leave commenced, or to an equivalent position with equivalent employment benefits, pay,
and other terms and conditions of employment. Employees have no greater rights to reinstatement,
benefits and other conditions of employment than if the employee had been continuously employed
during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee
will be reinstated on the date agreed upon. If the reinstatement date differs from the original
agreement of the employee and City of Cathedral City, the employee will be reinstated within two
business days, where feasible, after the employee notifies the employer of his/her readiness to return.
B. Employee's Obligation To Periodically Report On His/Her Condition
Employees may be required to periodically report on their status and intent to return to work. This will
avoid any delays to reinstatement when the employee is ready to return.
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C. Fitness-for-Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee's own serious
health condition, which made the employee unable to perform his/her, job, the employee must obtain
and present a fitness-for-duty certification from the health care provider that the employee is able to
resume work. Failure to provide such certification will result in denial of reinstatement.
D. Reinstatement of"Key Employees"
The City of Cathedral City may deny reinstatement to a "key" employee (i.e., an employee who is
amongst the highest paid 10 percent of all employed by the City of Cathedral City within 75 miles of
the work site) if such denial is necessary to prevent substantial and grievous economic injury to the
operations of the City of Cathedral City, and the employee is notified of the City of Cathedral City's
intent to deny reinstatement on such basis at the time the employer determines that such injury would
occur.
XI. REQUIRMENTS
Provide your Department Head and Human Resources with sufficient time of your need to take FMLA.
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--10(1-
AGREEMENT TO EXTEND
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CATHEDRAL CITY
AND
THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES
(AFSCME)
LOCAL 3961
This AGREEMENT TO EXTEND THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CATHEDRAL CITY AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES (the "Extension") is made and entered into this 2'1/4th day of
S LA , 2019 by and between the City of Cathedral City, a Municipal
corporation ("Cathedral City") and the American Federation of State, County and
Municipal Employees, Local 3961 ("AFSCME"), collectively referred to as the
"Parties," as follows:
RECITALS
A. The Parties entered in a labor agreement regarding the wages, hours, and
other terms and conditions of employment for the employees represented
by AFSCME in the bargaining unit listed above (the "MOU" or
"Memorandum of Understanding" or "Agreement").
B. Article 4 [Term] of the Agreement provides that the term shall commence
on July 1, 2014, and shall continue in full force and effect until June 30,
2019. The Parties recognize that the agreement has terminated and wish
to temporarily revive and amend it pursuant to this Extension.
C. This Extension is intended to temporarily revive the Agreement and
amend Article 4 of the Agreement as described below to provide that it will
be operative until December 31, 2019. This will allow the Parties to
negotiate a new Agreement.
1
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited
herein, the Parties do hereby enter into this Extension which modifies and
amends the Agreement as follows:
1. AMENDMENT.
1.1 Article 4 [Term]. Article 4 of the Agreement is hereby
amended as follows:
"This Agreement shall be in effect beginning July 1, 2014,
and shall continue in full force and effect until December 31,
2019.
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified
and amended in this Extension, the Agreement remains in full force and effect
and binding upon the Parties.
2.2 Integration. This Extension consists of pages 1 through 3
inclusive, which constitute the entire understanding and agreement of the Parties
and supersedes all negotiations or previous agreements between the Parties
with respect to all or any part of the transaction discussed in this Extension.
2.3 Effective Date. This Extension shall not become effective
until the date it has been formally executed by the appropriate authorities of
Cathedral City and AFSCME.
2.4 Applicable Law. The laws of the State of California shall
govern the interpretation and enforcement of this Extension.
2.5 References. All references to the Agreement include all
their respective terms and provisions. All defined terms utilized in this Extension
have the same meaning as provided in the Agreement, unless expressly stated
to the contrary in this Extension.
IN WITNESS HEREOF, the Parties have executed this Extension to the
Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
2
APPROVED BY THE CITY COUNCIL
Executed this IOC day of _ Tail , 2019.
ATTEST:
/V,L41 y.c�s. 1
Tracey Marifdiez
City Clerk
CITY OF CATHEDRAL CITY AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL
EMPLOYEES
Charles P. McClendon Sandy Ra sey-Woods, President
City Manager AFSCME Local 3961
CITY OF CATHEDRAL CITY AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL
EMPLOYEES
c
Eug nia Torres andra Ma inez, Vie President
Human Resources Manager AFSCME Local 39 1
RIV#4820-7623-5931 vl
3