2017/07/01 Menifee City Employees Association FY17-19 Mid-Management Employees Unit MOU MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MENIFEE
and
MENIFEE CITY EMPLOYEES ASSOCIATION
(Mid-Management Employees Unit)
July 1, 2017 to June 30, 2019
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TABLE OF CONTENTS
Page
ARTICLE 1 MEMORANDUM OF UNDERSTANDING.......................................................1
1.1 Parties to Memorandum of Understanding...........................................................1
1.2 Governing Statute.................................................................................................1
1.3 Term......................................................................................................................1
ARTICLE 2 RECOGNITION AND DESCRIPTION OF BARGAINING UNIT....................1
2.1 Recognition...........................................................................................................1
2.2 Description of Bargaining Unit.............................................................................1
2.3 Members on Leave of Absence.............................................................................2
2.4 Proposed Changes.................................................................................................2
ARTICLE3 PURPOSE.............................................................................................................2
3.1 Purpose..................................................................................................................2
ARTICLE 4 NON-DISCRIMINATION...................................................................................2
4.1 Protection of Rights..............................................................................................2
4.2 Equal Protection of Rights....................................................................................2
ARTICLE 5 EMPLOYEE ORGANIZATIONAL RIGHTS AND
RESPONSIBILITIES ...........................................................................................3
5.1 Agency Shop.........................................................................................................3
5.2 Dues and Benefit Deductions Program.................................................................3
5.3 Representational Time-Off...................................................................................4
5.4 Bulletin Boards.....................................................................................................4
5.5 Association Access to New Employees................................................................5
5.6 Representational Information................................................................................5
ARTICLE 6 CITY MANAGEMENT RIGHTS........................................................................6
6.1 Management Rights..............................................................................................6
ARTICLE 7 AMENDMENTS TO PERSONNEL RULES AND REGULATIONS................7
7.1 Amendments.........................................................................................................7
7.2 Electronic Posting.................................................................................................7
ARTICLE 8 PEACEFUL PERFORMANCE OF CITY SERVICES .......................................8
8.1 No strikes or Concerted Activities........................................................................8
8.2 Violations..............................................................................................................8
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Page
8.3 Prompt Disavowal by Association........................................................................8
ARTICLE 9 SALARIES AND COMPENSATION .................................................................8
9.1 Class and Compensation Study.............................................................................8
9.2 Cost of Living.......................................................................................................9
9.3 Executive Leave....................................................................................................9
9.4 Bilingual Pay.......................................................................................................10
9.5 Cell Phones and Boot Allowance .......................................................................10
9.6 Life Insurance.....................................................................................................11
9.7 Health Insurance.................................................................................................11
9.8 Cash in Lieu of Medical Insurance Phase Out....................................................11
9.9 Retirement...........................................................................................................12
9.10 Employer Paid Member Contribution(EPMC)Phase Out.................................12
9.11 Deferred Compensation......................................................................................12
9.12 Flexible Spending Account/Dependent Care......................................................12
9.13 Education Reimbursement..................................................................................13
ARTICLE 10 CHANGES TO POSITIONS..............................................................................13
10.1 Transfers .............................................................................................................13
10.2 Reclassification of City's Personnel Rules &Regulations.................................13
10.3 Demotions...........................................................................................................14
10.4 Lay-Offs..............................................................................................................14
10.5 Bumping..............................................................................................................15
10.6 Reinstatement From Lay-Off........................................
10.7 Separations..........................................................................................................16
10.8 Reinstatement......................................................................................................17
ARTICLE 11 GENERAL EMPLOYMENT MATTERS .........................................................17
11.1 Hours of Work....................................................................................................17
11.2 Nursing Mothers.................................................................................................18
11.3 Attendance..........................................................................................................18
11.4 Employee Performance Evaluation.....................................................................18
ARTICLE 12 LEAVE OF ABSENCE......................................................................................19
12.1 Eligibility for Paid Leave of Absence.................................................................19
12.2 Vacation..............................................................................................................19
12.3 Pay In Lieu of Vacation Leave (Buy Back)........................................................21
12.4 Buy Back Guidelines..........................................................................................21
12.5 Vacation Leave-Separation from the City......................................................21
12.6 Holidays..............................................................................................................22
12.7 Floating Holiday.................................................................................................23
12.8 Sick Leave...........................................................................................................23
12.9 Family and Medical Leave..................................................................................24
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12.10 Pregnancy Disability Leave................................................................................31
12.11 Jury Duty and Witness Leave.............................................................................34
12.12 Military Leave.....................................................................................................34
12.13 Bereavement Leave.............................................................................................35
12.14 Leave of Absence Without Pay...........................................................................35
12.15 Administrative Leave..........................................................................................37
ARTICLE 13 DISCIPLINARY ACTION.................................................................................37
13.1 Policy on Discipline............................................................................................37
13.2 Notice of Proposed Discipline............................................................................38
13.3 Appeal of Disciplinary Action............................................................................38
13.4 Causes for Discipline..........................................................................................38
ARTICLE 14 GRIEVANCE PROCEDURE.............................................................................40
14.1 Early Resolution..................................................................................................40
14.2 Definitions...........................................................................................................40
14.3 Level One—Informal Review.............................................................................40
14.4 Level Two -Formal Review...............................................................................41
14.5 Level Three.........................................................................................................42
14.6 Level Four—Arbitration.....................................................................................43
14.7 General Provisions..............................................................................................44
14.8 Authority of Third Party.....................................................................................46
14.9 No Retaliation.....................................................................................................46
ARTICLE 15 46
RATIFICATION AND IMPLEMENTATION..............................................................46
15.1 Ratification and Implementation.........................................................................46
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ARTICLE 1
MEMORANDUM OF UNDERSTANDING
1.1 Parties to Memorandum of Understanding
This Memorandum of Understanding ("MOU") is made and entered into by and between
the City of Menifee, a Municipal Corporation ("City"), and the Menifee City Employees'
Association("Association"or"MCEA").
1.2 Governing Statute
This MOU is entered into pursuant to the Meyers-Milias-Brown Act ("MMBA"),
Government Code Section 3500 et seq.
1.3 Term
This MOU shall remain in full force and effect from July 1, 2017 through June 30, 2019.
This MOU is a two-year agreement with no reopeners except as stated herein or otherwise by
mutual agreement. If there is a change in state or federal law after the ratification and adoption of
this MOU,which results in a direct and irreconcilable conflict with any specific term of this MOU,
at the request of either party,the City and the Association shall negotiate over the effected specific
term.
ARTICLE 2
RECOGNITION AND DESCRIPTION OF BARGAINING UNIT
2.1 Recognition
The City recognizes the Menifee City Employees Association as the exclusive
representative of the Mid-Management Employees Unit in accordance with the September 14,
2017, Certification of Representative by the Public Employment Relations Board ("PERB").
2.2 Description of Bargaining Unit
The description of the bargaining unit("Unit") is contained in Appendix A attached to this
MOU, and incorporated herein by reference. Appendix A is a copy of PERB's Certification of
Representative in Case No. LA-RR-1273-M.
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2.3 Members on Leave of Absence
Bargaining unit members on an authorized leave of absence shall remain members of the
bargaining unit during such leave of absence.
2.4 Proposed ChanIZes
The City and the Association agree to attempt to resolve any proposed changes to the
description of the bargaining unit before requesting PERB to intervene in such issues.
ARTICLE 3
PURPOSE
3.1 Purpose
It is the purpose of this MOU to promote and provide for a harmonious relations,
cooperation, and understanding between the City and the employees covered herein,to provide an
orderly and equitable means of resolving any misunderstandings or differences which may arise
under this "MOU", and to set forth the understanding and agreement of the parties reached as a
result of good faith negotiations.
ARTICLE 4
NON-DISCRIMINATION
4.1 Protection of Rights
The parties mutually recognize and agree to fully protect the rights of all employees to'oin
and participate in the activities of the Association, and to have the Association represent them in
their employment relations with the City. It is further agreed that nothing herein shall prohibit an
employee from representing himself/herself individually or appearing on his/her own behalf with
the City. No employee shall be intimidated,coerced,restrained, or discriminated against because
of the exercise of these rights.
4.2 Equal Protection of Rights
The provisions of this MOU shall be applied equally to all employees, and no person shall
be benefited or discriminated against in any manner based on a protected characteristic which is
inconsistent with the standards set forth in federal and California anti-discrimination statutes or
with any Ordinance, Resolution, or Personnel Rule or Regulation of the City. Alleged violations
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of this Section 4.2 are not grievable under the MOU's Grievance Procedure ("Article 14"). An
employee may file a formal complaint internally with H.R. and pursue alleged discrimination
through procedures established by California or federal statutes and regulations.
ARTICLE 5
EMPLOYEE ORGANIZATIONAL RIGHTS
AND RESPONSIBILITIES
5.1 Agency Shop
5.1.1 City and Association have agreed to an agency shop arrangement that
requires all employees in the bargaining unit,either to join Association as a full dues paying
member or to pay Association an agency fee. The amounts of full Association dues or
agency fees shall be determined and collected by Association in accordance with law.
5.1.2 Any employee who is a member of a bona fide religion, body, or sect
that has historically held conscientious objections to joining or financially supporting
public employee organizations, shall not be required to join or financially support
Association as a condition of employment. However, in lieu of periodic dues, initiation
fees, or agency fees, the employee is required to pay a sum equal to the dues, initiation
fees, or agency fees to a non-religious, non-labor charitable organization exempt from
taxation pursuant to the Internal Revenue Code, 26 U.S.C. section 501(c)(3). Acceptable
charitable organizations are the American Red Cross, the American Cancer Society, the
United Way, or the American Heart Association. Proof of the payment shall be made on a
monthly basis to the City's Human Resources Department, as a condition of continued
exemption from the requirement of financial support to Association. The City will provide
a form for this purpose.
5.2 Dues and Benefit Deductions Program
5.2.1 Association dues or agency fees shall be deducted from each
employee's regular payroll check commencing with the first payroll check that includes
the first(1") of the month following employment.
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5.2.2 During the term of this MOU, upon receipt of an executed voluntary
written authorization, the City shall deduct Association dues, agency fees and benefit
program premiums from the pay of employees represented by the Association. The form
for this purpose shall be provided by the City. The amounts to be deducted for Association
dues and agency fees shall be certified to the City by the designated Association official.
The deductions shall be forwarded to the designated Association official within ten(10)
calendar days of deduction.
5.2.3 The Association hereby agrees to indemnify and hold the City harmless
for any loss or damages, claims, or causes of action, arising from the operation of this
provision of the MOU.
5.3 Representational Time-Off
5.3.1 Pursuant to relevant Government Code Sections, the City shall allow a
reasonable number of Association employee representatives reasonable time off without
loss of compensation or other benefits while formally meeting and conferring with
representatives of the City on matters within the scope of representation as defined in the
Government Code, or as may be required under Article 5.6, or Article 14, Grievance
Procedure.
5.4 Bulletin Boards
5.4.1 A reasonable number of bulletin boards will be provided by City in a
non-public location upon which the Association may post notices of official Association
business which may include recreational and social affairs, notices of meetings, benefit
programs, trips, elections, appointments, and results of elections, bulletins of employee
rights, notices of City Council actions, notices of employer/employee-relations updates,
and reports of grievance and arbitration matters, provided that any notice must be on
official Association-identified paper and a copy sent to the Human Resources Manager
prior to posting. Each item to be posted shall have a remove- by-date, except for those
items designated by the Association for permanent posting. No Department shall
arbitrarily remove said posting without consent of the Association (except for dated
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material). In any event,no posting shall contain any vulgar,profane or malicious material
or derogatory statement about any City employee or elected official, and no campaign
information shall be posted except for the internal Association elections. The posting of
any other classes of notices at City workstations or premises is prohibited without the prior
permission of the City Manager or the Human Resources Manager.
5.5 Association Access to New Employees
5.5.1 The City shall designate the appropriate new employee(s) orientation
meeting where one Association employee member may meet with new Association
represented employee(s) for up to thirty(30) minutes to provide information to the new
employee(s).
5.5.2 The meeting will occur within ten (10) workdays of a new employee's
start date. The meeting will occur during the employee's paid time on a mutually
convenient date,time and location.
5.5.3 The City retains the exclusive right to have one meeting for the purposes
of this section in cases where multiple employees have been hired.
5.6 Representational Information
5.6.1 The City shall provide the Association with the following information:
5.6.2 A monthly electronic report which shall list any changes in the
following information for each full-time employee: Name, phone number, job title,
department,home address, and original date of employment,monthly salary equivalent.
5.6.3 For new hires,the information covered by this section shall be provided
to Association within three(3) workdays of a new employee's start date.
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5.6.4 Investigations
5.6.4.1 An employee required to attend an investigatory interview with
the employee's supervisor(s) is entitled to Association representation where the
employee has a reasonable basis to believe that he or she may be disciplined as a
result from the meeting. The employee must request Association representation.
The right to Association representation generally does not apply to an investigatory
meeting concerning solely another employee's conduct where the employee
questioned at the meeting is merely a witness to the incident or has possible
knowledge of the incident. The right to Association representation does not apply
in coaching and mentoring sessions, or where the employee is given work
performance direction, assistance or guidance from his/her supervisors.
ARTICLE 6
CITY MANAGEMENT RIGHTS
6.1 Management Rights
6.1.1 The City reserves, retains, and is vested with all rights to manage the
City. The constitutional,statutory,or inherent rights,powers,authority,and functions shall
remain exclusively vested with the City pursuant to Government Code Section 3500 et seq.
These rights include but are not limited to the following:
6.1.1.1 Manage the City.
6.1.1.2 Determine the necessity, organization, and standards to
implement any service or activity conducted by the City.
6.1.1.3 Recruit, select,hire,evaluate,promote,and discipline.
6.1.1.4 Determine and/or change the City facilities, methods,
technology, equipment, and apparatus.
6.1.1.5 Determine and/or change the size and composition of the City
work force and assign work to employees.
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6.1.1.6 Determine the issues of public policy and the overall mission of
the City.
6.1.1.7 Maintain order and efficiency in City facilities and operations.
6.1.1.8 Establish and promulgate and/or modify rules and regulations,
policies and procedures related to safety and health in the City, and to require
compliance therewith.
6.1.1.9 In the case of an emergency (act of God, war, or riot), suspend
the provisions of this Agreement.
6.1.1.10 All rights, powers, authority, and functions of management,
whether heretofore or hereinafter exercised, shall remain vested exclusively with
the City.
ARTICLE 7
AMENDMENTS TO PERSONNEL RULES AND REGULATIONS
7.1 Amendments
It is understood and agreed that there exists within the City, in written form, Personnel
Rules&Regulations. Except as specifically modified by this MOU,these Rules and Regulations,
and any subsequent amendments thereto, shall be in full force and effect during the term of this
MOU. Before any new or subsequent amendments to the City's Personnel Rules & Regulations
directly affecting wages, hours, and terms and conditions of employment are implemented, the
City shall meet and confer with Association regarding the changes in accordance with Government
Code section 3500,et seq. Nothing provided herein shall prevent the City from implementing new
or modified Personnel Rules and Regulations during the term of MOU, provided it has met and
conferred with Association as required by law.
7.2 Electronic Posting
The City's Personnel Rules&Regulations are posted on Human Resources link on the City
of Menifee webpage. These Personnel Rules & Regulations address the following general
categories which are not covered in the MOU:
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7.2.1 Personnel system, Classification plan and selection process,
appointments, changes to positions, general employment matters, donated leave for
catastrophic illness or injury, and workers compensation.
ARTICLE 8
PEACEFUL PERFORMANCE OF CITY SERVICES
8.1 No strikes or Concerted Activities
For the life of the MOU, the Association, its officers, and/or members agree that they will
not cause, condone, or participate in any concerted activity which affects the performance of their
assigned duties and responsibilities. This shall include the withholding of services or other
interference with City operations,including compliance with the request of other employees and/or
labor organizations to engage in said activities.
8.2 Violations
The City may take whatever action is deemed appropriate provided it does not violate any
employee's rights under applicable statutes.
8.3 Prompt Disavowal by Association
In the event of any concerted activity, the President or authorized representative of the
Association shall, as soon as practicable, publicly disavow any such conduct and request the
employee(s) to return to work and attempt to bring about prompt resumption of normal City
operations. The Association shall notify the City shortly thereafter as to the measures taken to
comply with these provisions.
ARTICLE 9
SALARIES AND COMPENSATION
9.1 Class and Compensation Study
The City has adopted and implemented the KOFF&Assoc. Study effective to July 1,2017.
Further, employees in the unit are entitled to merit salary increases in accordance with City
Personnel Rules & Regulation, Section 5.9. However, merit increases are based solely upon job
performance;they are not automatic; and there is no annual entitlement to them. Employees are
eligible for a merit increase each year based upon the evaluation of their performance through
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Step 6, at which time they reach the top of their range. In order to receive a merit increase, an
employee must receive at least a rating of"meets expectation" or above. Any such increase will
be applied retroactively to the employee's recent salary anniversary date.
9.2 Cost of Living
9.2.1 There is no cost of living(0.0%) during the first year of MOU (2017-
2018 f.y.) over and above the salary placement for all unit employees described in
Attachment B.
9.2.2 Effective July 1,2018,all employees in unit represented by Association
shall receive a base salary increase of two percent (2%).
9.3 Executive Leave
9.3.1 Mid-Management employees are exempt from the overtime provisions
of the Fair Labor Standards Act(FLSA).
9.3.2 As a FLSA-exempt employee of the City, effective July 1, 2017, mid-
management employees shall be granted sixty (60) hours of Executive leave each fiscal
year.
9.3.3 New FLSA-exempt employees will receive a prorated amount to the
first of the following month.
9.3.4 FLSA-exempt employees must schedule and receive approval for use of
Executive leave in accordance with Department policies.
9.3.5 Executive leave may be used for any reason.
9.3.6 Executive leave must be used in the fiscal year granted and shall not be
carried into the next fiscal year.
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9.3.7 In the event of termination/separation of employment, employees will
receive payment for any unused Executive leave.
9.3.8 Effective July 1,2018,for fiscal year 2018-2019 only,mid-management
employees shall receive a one-time lump sum credit of 36 (thirty-six) hours of Executive
Leave over and above the 60 hours of Executive Leave agreed to in section 9.3.2.
9.4 Bilingual Pay
9.4.1 Effective January 1,2018, qualifying employees shall be paid Seventy-
Five Dollars ($75) per month if they are bilingual (speak only), and One Hundred
Dollars ($100)per month if they are bi-literate(speak, write, and read).
9.4.2 The only qualifying language is Spanish.
9.4.3 Applicants must pass a standardized Spanish language test (pass/no
pass)to be administered by a testing agency selected by the City.
9.4.4 To qualify for bilingual pay, Spanish must be a regular part of the
employee's daily duties as determined by the City's Human Resources Manager and
employee's Department Director.
9.5 Cell Phones and Boot Allowance
9.5.1 City shall maintain its current practice of providing a City-issued cell
phone to those employees who require a cell phone to perform their normal duties.
Alternatively, eligible employees, who wish to use their personal cell phones, can receive
a stipend of Seventy-Five Dollars($75)per month. In such an event,cell phone stipend is
taxable income and is not reported to Ca1PERS as compensation earnable or pensionable
compensation.
9.5.2 Effective July 1,2017,the annual boot allowance shall be Two Hundred
Dollars($200)per year to be paid upon presentation of receipt. To be eligible,an employee
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must be required to wear safety boots as a regular part of the employee's daily duties as
determined by the City's Human Resources and employee's Department Director.
9.6 Life Insurance
9.6.1 City will provide, at its expense,term life insurance in the amount Fifty
Thousand Dollars($50,000)for full-time employees in the bargaining unit.
9.7 Health Insurance
9.7.1 The City provides a montlily allocation of$1,500.00 for employee only,
which may be applied towards the cost of any benefit made available by the City at the
option of the employee. The City provides a monthly allocation equal to the PERS Select
Family Rate for employee + 1 and employee + family. Medical insurance is available
through Ca1PERS for the employee and eligible dependents. Dental and vision insurance
is available for employee and eligible dependents. Employees who opt-out of health
insurance or use less than the City's monthly allocation may receive any unused amount
as cash,subject to the Cash in Lieu limitations below. Further information and application
forms are available through the City's Human Resources Department.
9.8 Cash in Lieu of Medical Insurance Phase Out
9.8.1 Effective April 1,2018
9.8.1.1 Effective April 1, 2018, the maximum allowable cash in lieu
payment will be Fifteen Thousand Six Hundred Dollars ($15,600.00) for calendar
year 2018.
9.8.2 Effective January 1, 2019
9.8.2.1 Effective January 1, 2019, the maximum allowable cash in lieu
payment will be Fourteen Thousand Four Hundred Dollars ($14,400.00) for
calendar year 2019.
9.8.3 New Employees
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9.8.3.1 Effective July 1,2017,all new employees are ineligible for cash
in lieu of medical insurance.
9.8.4 For those mid-management employees hired prior to July 1, 2017,who
are eligible to participate in the City's cash in lieu of medical insurance, the remaining
portion of the City's $1,500 per month allocation for benefits that is not compensated as
cash in lieu of payment for City benefits,may be applied to purchase other City benefits in
accordance with the terms of those benefit plans.
9.9 Retirement
9.9.1 Employees are covered by the California Public Employees Retirement
System (Ca1PERS). The formula used is two percent(2%) at 62 for"New Members"and
two and seven-tenths percent (2.7%) at 55 for "Classic Members." The City pays the
employer portion of Ca1PERS. New Members pay 50%of normal cost. Classic Members
pay their full employee share, subject to Section 9.12 for those limited number of
employees who receive Employer Paid Member Contribution to Ca1PERS.
9.10 Employer Paid Member Contribution (EPMC) Phase Out
9.10.1 Effective July 1, 2018, and on July I" of each succeeding fiscal year
thereafter,the EPMC shall be reduced by one percent(1%)until members are paying their
full employee share of Ca1PERS.
9.11 Deferred Compensation
9.11.1 The City offers a 457 Deferred Compensation Program through ICMA.
Each employee may defer up to the maximum allowed by the IRS. Contact the City's
Human Resources Department for more information and forms.
9.12 Flexible Spending Account/Dependent Care
9.12.1 The City offers a flexible spending account which allows employees to
set aside pre-tax dollars to pay for eligible health insurance premiums,healthcare expenses
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and/or child care. Contact the City's Human Resources Department for more information
and forms.
9.13 Education Reimbursement
9.13.1 Employees may request up to $1,000.00 per fiscal year for expenses
incurred for tuition, books and fees for college-level or job-related courses or degree
curricula upon prior approval of the City Manager. Contact the City's Human Resources
Department for more information and forms.
ARTICLE 10
CHANGES TO POSITIONS
10.1 Transfers
10.1.1 After notice to the Human Resources Manager and approval by the City
Manager, an employee may be transferred to another department by their Department
Director(s) at any time and for any reason, from one position to another position in the
same or comparable classification, and without loss of compensation. Employees who
desire a transfer may submit a request for transfer to their Department Director for
consideration. The Department Director may deny the transfer request at his/her sole
discretion.
10.1.2 If an employee voluntarily transfers to another position in the same or
comparable classification and is not successful in that position, the employee may return
to his/her former position.
10.1.3 The employee's salary evaluation date shall remain the same as it was
before the transfer.
10.2 Reclassification of City's Personnel Rules &Regulations
10.2.1 Should the Human Resources Manager determine,pursuant to the City's
Personnel Rules &Regulations, that the job duties of a position in the competitive service
have materially changed at the direction of the City, and not because the employee
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voluntarily assumed or declined duties, the Human Resources Manager, in his/her
discretion,may reassign the position to another classification.
10.2.2 An employee may be reclassified without competitive exam if the
Human Resources Manager determines that the employee has met the minimum
qualifications of the new classification and has performed the duties of the reclassified
position for a minimum period of six(6)months. Reclassification shall not be used for the
purpose of avoiding competitive selection processes.
10.2.3 The employee's salary evaluation date shall not change as a result of the
reclassification.
10.2.4 The City shall notify the Association of any proposed reclassification
and allow reasonable opportunity for the Association to elect to meet and confer regarding
the proposed changes in accordance with Government Code section 3500, et seq.
10.3 Demotions
10.3.1 An employee may be demoted for cause pursuant to the Disciplinary
Action policy,or for organizational reasons,pursuant to the Layoffs policy in Section 10.4.
10.3.2 A demoted employee shall be required to serve a probationary period in
the lower classification unless the lower classification is in the same job series or the
employee completed probation in the lower classification. In the event the demoted
employee does not pass probation,the employee will be terminated from employment.
10.3.3 The effective date of a demotion shall establish a new salary evaluation
date.
10.4 Lay-Offs
10.4.1 Should the City Council determine reductions in force to be necessary
due to lack of work or for financial reasons, it may initiate lay-offs. City shall notify
Association of its intention and provide Association with an opportunity to negotiate the
effects of a lay-off in accordance with the MMBA.
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10.4.2 In determining the order of lay-offs, a combination of factors shall be
considered, including but not limited to: seniority with the City; productivity; general
performance; and the needs of the City. Variations from the order of lay-offs and recall
from lay-off may occur when the City deems such variations appropriate under the
circumstances.
10.4.3 The factors the City, in its sole discretion, may use to determine the
order of lay-offs include, but are not limited to,the following:
10.4.3.1 Probationary and temporary employees shall be laid off before
regular employees in the same classification; and
10.4.3.2 Between two regular appointees in the same classification, the
employee with lesser seniority shall be laid off first. If equal seniority exists
between two employees in the same classification, then performance evaluation
scores will determine the order of employee lay off.
10.5 Bumping
10.5.1 "Bumping" means the displacement of an employee from his/her
position by an employee in a higher classification who formerly held and passed probation
in the same position,or a position in the same job family,and has been subject to a lay off.
10.5.2 A laid-off employee shall be entitled to bump an employee in the same
position previously held by the laid-off employee, or a position in the same job family, in
accordance with the criteria specified in this Bumping Rule. The laid off employee must
be able to perform the essential job functions of the former position, with or without
accommodation, and possess the minimum qualifications of the position, as specified by
the job classification specification.
10.5.3 The City will notify laid-off employees of any positions available for
bumping. Following receipt of such notification, and within three (3) calendar days of
receipt of such notification, the employee must notify the Human Resources Manager in
writing of his/her intent to exercise his/her bumping rights, and the position and
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classification in to which he/she intends to bump. Failure to provide such notification will
be deemed a waiver of bumping rights by the employee.
10.5.4 Where there is more than one laid-off employee entitled to bump an
employee in the same position held by the laid-off employees,or a position in the same job
family, factors in paragraph 1 of this Bumping Rule shall control the order of priority in
which the laid-off employees may exercise their bumping rights.
10.5.5 Any displaced employee shall be considered as laid-off for the same
reason as the person who displaced them, and shall in the same manner, be eligible to
displace, or "bump", another employee based on the criteria specified in paragraph 2 of
this Rule.
10.6 Reinstatement From Lay-Off
10.6.1 Following lay-off from City employment, laid-off employees may be
reinstated to employment with the City upon the recommendation of the Department
Director and with the approval of the Human Resources Manager, to the position from
which they were laid off based on their qualifications, availability, and the needs of the
organization pursuant to the Reinstatement policy in Section 10.8 of MOU.
10.7 Separations
10.7.1 All employees who separate from City service, that is, whose
employment with the City terminates through separation for cause, layoff, resignation, or
retirement,must:
10.7.2 Return promptly all City property to the Human Resources Manager or
their immediate supervisor.
10.7.3 Make arrangements to repay any existing financial obligations owed to
the City.
10.7.4 In addition, employees who resign or retire must also adhere to the
following procedures before they will be deemed to have terminated in good standing:
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10.7.4.1 Submit a written notification stating your intent to terminate,and
the proposed effective date of your termination to their immediate supervisor.
10.7.4.2 If at all possible, provide the City with a minimum two weeks
advance notice of separation. The City encourages employees who become aware
of their pending separation from the City to let the Human Resources Manager
know as far in advance as possible.
10.8 Reinstatement
10.8.1 At the recommendation of the Department Director, and with the
approval of the Human Resources Manager, employees who (1) resigned, retired, or were
laid-off and(2)were in good standing at the time of termination of their employment,may
be reinstated to their former position, if vacant, or to a vacant position in the same
classification within twelve(12)months of their resignation,retirement or lay-off,without
being subject to the application and conditional appointment requirements of Section 2,
City's Personnel Rules & Regulations.
10.8.2 A reinstated employee shall serve a probationary period as defined in
these Rules and Regulations,unless otherwise approved by the City Manager. If reinstated,
credit may be granted for prior service in terms of benefit accrual rates and seniority,at the
discretion of the Human Resources Manager and in consultations with the Department
Director; provided, however, that Employees reinstated following lay-offs shall receive
credit for prior service the City.
ARTICLE 11
GENERAL EMPLOYMENT MATTERS
11.1 Hours of Work
11.1.1 Daily hours of work (or shifts) for employees within Departments shall
be assigned by the Department Director as required to meet the City's operational
requirements. Full-time employment of unit employees is defined as forty(40 )hours per
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week, five (5) days per week, eight (8) hours per day, unless otherwise agreed to by City
Manager.
11.1.2 Absences or deviation from regular working hours for one or more full
days,and the reason(e.g.,sick,vacation,executive leave) shall be noted on the employee's
time sheet or time record.
11.1.3 Effective June 19, 2017, the City will no longer pen-nit an employee,
supervisor, manager, or department head to"flex"unit employees' work week.
11.2 Nursingy Mothers
11.2.1.1 The City will provide a reasonable amount of break time to
accommodate an employee desiring to express breast milk for her infant child.The
City shall make reasonable efforts to provide the employee with the use of a room
or other location,other than a toilet stall,in close proximity to the employee's work
area, for the employee to express milk in private.
11.3 Attendance
11.3.1 All Departments shall keep daily attendance records or employees,
which shall be reported to the Finance Department on the employee's timesheet or time
record.
11.4 Employee Performance Evaluation
11.4.1 A report of perfonnance of each employee shall be made by respective
Department Directors or their designees after completion of a probationary period and
annually thereafter. Unless changed in accordance with City's Personnel Rules &
Regulations, these evaluation dates shall constitute the employee's salary evaluation date
for purposes of eligibility for a merit salary increase; provided, however, the employee
shall continue to receive performance evaluations on said date even after the employee has
reached the top of the applicable salary range. In addition, a performance evaluation may
be prepared at any other time at the discretion of the employee's supervisor.
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11.4.2 Each performance evaluation shall be discussed with the employee. The
performance evaluation will address areas of successful performance and areas that need
improvement. The employee will have the opportunity to comment regarding work
performance, either in a written statement attached to the report or orally. The employee
shall sign the performance report to acknowledge that the employee is aware of its contents
and has discussed the report with the evaluator. The employee's signature does not
necessarily indicate agreement with the contents of the report. In the event that an
employee refuses to sign the evaluation following his/her review of the evaluation, such
refusal will be so noted by the evaluator on the evaluation form.
11.4.3 The employee will receive a copy of the performance evaluation, and
the original, along with any written continents submitted by the employee, will be in the
employee's personnel file.
ARTICLE 12
LEAVE OF ABSENCE
12.1 Eligibility for Paid Leave of Absence
12.1.1 In order to be eligible for City payment of the paid leave of absence
outlined herein or subsequently granted by the City, an employee must be a full-time
employee and either a regular appointee or a probationary appointee.
12.2 Vacation
12.2.1 Rate of Accrual
12.2.1.1 Every full-time probationary and regular employee shall earn
vacation as follows:
Years Hours Bi-Weekly Accrual
0-3 80 3.08
4 120 4.62
5 160 6.15
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12.2.1.2 Vacation accrues bi-weekly on a pro rata basis.
12.2.1.3 Employees may freeze up to 80 hours of vacation during medical
leave of absence.
12.2.2 Scheduling Vacations
An employee may take vacation leave at any time, subject to approval by the employee's
Department Director or his/her designee. Approvals will be based upon work load, staffing
coverage, seniority, timing of the request, and any other work-related factors appropriate for
consideration by the Department Director. At no time will Sick leave be used to extend vacation
time off.
12.2.3 Vacation Pay Upon Termination
Any employee terminating from the City service will be paid at his/her regular rate of pay
for all earned vacation, if any, accrued up through termination.
12.2.4 Vacation Leave Limits and Buy-Back
12.2.4.1 Maximum Accumulation of Vacation Leave
12.2.4.1.1 As of July I" of each year, an employee shall have
no more than a maximum of four hundred forty(440) hours of accrued and
unused Vacation Leave. Any excess hours above four hundred forty(440)
hours will be automatically cashed out by the City at the employee's base
rate of pay as of June 30 of that year. Payment shall be made no later than
July 31 sc
12.2.4.2 Vacation Leave Usage
12.2.4.2.1 Employees must use at least (40) hours of Vacation
Leave during each fiscal year.
12.2.4.2.2 Department Directors are responsible for arranging
leave schedules so that adequate personnel are available to carry on
necessary City work.
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12.2.4.2.3 When practicable,employees should be permitted to
schedule Vacation Leave at times most acceptable to the employee.In large
departments the choice of vacation times should be arranged according to
seniority or some other equitable method.
12.3 Pay In Lieu of Vacation Leave(Buy Back)
12.3.1 Employees who elect Vacation Leave buy back shall have payment
calculated at the employee's base rate of pay as of the date of the buy-back request.
12.4 Buy Back Guidelines
12.4.1 During each fiscal year(July 1 thru June 30), but no later than June 15,
an employee may request that the City buy back accrued and unused Vacation Leave from
the employee's account according to the following schedule:
Annual Leave Used During
Preceding 12 Months Maximum Buy-Back
40 Hours 120 Hours
60 Hours 140 Hours
80 Hours 160 Hours
12.4.2 The employee must have sufficient hours of earned and unused
Vacation Leave credits.
12.4.2.1 After the buy-back, there must be a minimum of eighty (80)
hours of earned and unused Vacation Leave credits remaining in the employee's
account.
12.5 Vacation Leave—Separation from the City
12.5.1 Employees separating from the City service shall receive payment for
one hundred percent(100%) of their accrued and unused Vacation Leave at their current
hourly rate.
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12.6 Holidays
Every full-time probationary and regular employee shall be entitled to the following paid
holidays each calendar year and such other days as may be designated by action or the City
Council. A Holiday for pay or accrual purposes is the actual hours regularly scheduled to be
worked on that Holiday.
12.6.1 January 1 (New Year's Day)
12.6.2 The third Monday in January(Martin Luther King)
12.6.3 The third Monday in February(President's Day)
12.6.4 The last Monday in May(Memorial Day)
12.6.5 July 4th(Independence Day)
12.6.6 The first Monday in September(Labor Day)
12.6.7 The second Monday in October(Columbus Day)
12.6.8 November 11 (Veteran's Day)
12.6.9 Thanksgiving Day
12.6.10 The Friday after Thanksgiving Day
12.6.11 December 24 (Christmas Eve)
12.6.12 December 25 (Christmas Day)
12.6.13 December 31 starting at noon(New Year's Eve)
12.6.14 Floating Holiday(determined by employee)
If the holiday falls on Saturday,Friday shall be designated as the holiday,and if the holiday
falls on Sunday,Monday shall be designated as the holiday.
Employees who are required to work on a holiday will receive compensation for hours
worked in addition to holiday pay.
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12.7 Floating Holiday
Full-time probationary and regular employees shall receive one floating holiday each fiscal
year as granted by City Council and/or City Manager. The floating holiday must be used on or
before June 30th of each year. Should employee not use the floating holiday prior to June 30th
the City will not cash out or carry over to the following year. The floating holiday must be taken
as a full day and is subject to Department Director approval. In the event of termination,
employees will receive payment for unused floating holiday up to 8 hours.
12.8 Sick Leave
12.8.1 To keep the City and each department therein running smoothly and
efficiently, it is important that every employee be on the job on time regularly. For this
reason, careful attention is given to promptness, absence record and overall dependability.
12.8.1.1 The City recognizes, however, that an employee may
occasionally be disabled by injury or illness. As a result, the Sick Leave Policy is
designed to provide protection to employees against loss of income during
unavoidable illness or injury.
12.8.2 Accrual of Sick Leave
12.8.2.1 All full-time probationary and regular employees are eligible to
accrue four (4) hours of sick leave per pay period. There is no limit on the total
amount of accrued sick leave.
12.8.2.2 An employee shall not receive payment for unused accumulated
sick leave upon termination of employment or retirement (either disability or
service retirement). An employee may not use sick leave to extend a vacation,
retirement (either disability or service retirement) or termination date.
12.8.3 Use of Sick Leave
12.8.3.I To be eligible for sick pay, employees unable to report to work
due to illness must telephone their supervisor directly, each day of the illness, as
far in advance as possible, but no later than one hour before their scheduled start
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time. If the supervisor is not available, the employee should contact the Human
Resources Department to report his/her absence due to illness. If an employee is
unable to make the call personally, a family member or friend should contact the
supervisor or Human Resources Department. This policy must be followed unless
an exception has been made for a particular absence, and a written memo to this
effect has been sent to the Human Resources Department.
12.8.4 Proof of Illness
12.8.4.1 If the Department Director has questions about an employee's
absence due to illness, he/she may request, at his/her sole discretion, that the
employee produce a certificate issued by a licensed physician or licensed health
care professional after 3 consecutive days off before paid sick leave is granted.
12.8.5 Use of Sick Leave for Family
12.8.5.1 In cases of illness of a family member,an employee's sick leave
entitlement for the year can be used to attend to the illness of a spouse, domestic
partner,parent, or child.
12.9 Family and Medical Leave
12.9.1 In accordance with federal and state law and regulations, the City will
provide family and medical leave, which is unpaid leave, to eligible employees. Unless
otherwise provided by this Section, "leave" under this Section refers to leave pursuant to
the Family and Medical Leave Act of 1993 ("FMLA") and the California Family Rights
Act ("CFRA"). Employees with any questions or requests for information about family
and medical leave should consult the Human Resources Department.
12.9.1.1 Concurrent with paid leave. The City requires an employee to
utilize all accrued and unused sick leave concurrently with the use of family care
and medical leave (FMLA and CFRA) which may be coordinated with State
Disability Insurance ("SDI"). Employees may elect to use accrued and unused
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vacation concurrently, and may freeze up to 80 hours of vacation during a medical
leave of absence in accordance with 12.2.1.3 above.
12.9.2 Definitions
12.9.2.1 "12-Month Period"means a rolling 12-month period measured
backward from the date leave is taken. Each time an employee takes eligible leave,
the remaining leave entitlement is based on the amount of family and medical leave
taken during the immediate preceding 12 months.
12.9.2.2 "12 workweeks" means twelve weeks of leave based on the
employee's regular schedule. For example, if an employee works 20 hours per
workweek, he or she would be eligible to take 12 weeks times 20 hours, for a total
of 240 hours of family medical leave.
12.9.2.3 "Child" means a child 1) under the age of 18 years or 18 years
and older who is incapable of self-care because of a mental or physical disability;
2) for whom the employee has actual day-to-day responsibility for care; and 3)for
whom the employee is a parent.
12.9.2.4 "Parent"means a biological, adopted, foster,or individual who
is a legal guardian.
12.9.2.5 "Spouse" means a husband or wife as defined or recognized
under California State law for purposes of marriage.
12.9.3 Eligibility
An employee is eligible for leave if the employee:
12.9.3.1 Has been employed for at least 12 months (which need not be
consecutive); and
12.9.3.2 Has worked for at least 1,250 hours during the 12-month period
immediately preceding the commencement of the leave. The Fair Labor Standards
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Act(FLSA)"hours worked"principles apply in determining whether an employee
meets the"at least 1,250 hours"requirement.
12.9.4 Reasons for Leave
12.9.4.1 Leave may be taken for any one, or for a combination of, the
following reasons;
12.9.4.2 The birth of the employee's child or to care for the newborn
child;
12.9.4.3 The placement of child with an employee for adoption or foster
care or to care for the newly placed child;
12.9.4.4 To care for the employee's child, parent (but not in-law) or
spouse with a serious health condition; and/or
12.9.4.5 The employee's own serious health condition makes the
employee unable to perform one or more of the essential functions of his/her
position. "Serious health condition" means an illness, injury impairment, or
physical or mental condition that involves inpatient care or continuing treatment by
a health care provider. It includes:
12.9.4.5.1 Pregnancy or prenatal care;
12.9.4.5.2 Hospital Care — an inpatient stay at a hospital,
hospice, or residential medical care facility; or
12.9.4.5.3 Incapacity of three or more days and medical
treatment—incapacity that lasts more than three consecutive days;
12.9.4.5.4 Incapacity plus two or more treatments —treatment
of two or more times by a health care provider;
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12.9.4.5.5 Incapacity plus continuing treatment — at least one
treatment by a health care provider that results in a regimen of continuing
treatment;
12.9.4.5.6 Incapacity from a chronic condition — incapacity
from a chronic serious health condition such as asthma, diabetes, or
epilepsy;
12.9.4.5.7 Incapacity from a long-term condition — incapacity
from a longer or permanent condition for which treatment may not be
effective, such as Alzheimer's disease; or
12.9.4.5.8 Absences for treatment- to receive or recover from
multiple treatments by a health care provider, such as chemotherapy,
physical therapy, or kidney dialysis.
12.9.5 Amount of Leave
12.9.5.1 Total Leave Entitlement
12.9.5.1.1 Eligible employees are entitled to a total of 12
workweeks of leave during any rolling 12-month period for any FMLA
qualifying reason.
12.9.5.2 Limitations on Leave
12.9.5.2.1 Leave to care for a newborn or newly placed child
must conclude within twelve(12)months after the birth or placement of the
child.
12.9.5.2.2 When both parents are employed by the City, they
are together entitled to a combined total of twelve (12) workweeks of
FMLA leave within the designated 12 month period for the birth, adoption
or foster care placement of a child with the employees, for aftercare of the
newborn or newly placed child,and to care for a parent(but not in-law)with
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a serious health condition. Each spouse may be entitled to additional FMLA
leave for other FMLA qualifying reasons (i.e., the difference between the
leave taken individually for any of the above reasons and 12 workweeks,
but not more than a total of 12 workweeks per person).
12.9.5.3 Minimum Duration of Leave
12.9.5.3.1 Serious health condition: subject to compliance with
the medical certificate requirements of this Rule, there is no minimum
duration for leave associated with a serious health condition of the employee
or the employee's child,parent, or spouse.
12.9.5.3.2 Child-bonding: if leave is requested for the birth,
adoption or foster care placement of a child of the employee,the minimum
duration of such leave is two weeks, with the exception of up to two
occasions when an employee may take leave in a smaller increment of time.
12.9.6 Intermittent or Reduced Work Schedule Leave
12.9.6.1 Intermittent leave is leave taken in separate blocks of time. A
reduced work schedule leave is a leave schedule that reduces an employee's usual
number of hours per workweek or hours per workday.
12.9.6.2 An employee may request intermittent or reduced work schedule
leave from his/her supervisor. The City will make every effort to accommodate the
employee's request consistent with business necessity.
12.9.6.3 If an employee takes leave intermittently or is on a reduced work
schedule basis, he/she must, when requested, attempt to schedule the leave so as
not to unduly interrupt the City's operations. When an employee takes intermittent
or reduced work schedule leave for foreseeable planned medical treatment,the City
may temporarily transfer the employee to an alternative position with equivalent
pay and benefits for which the employee is qualified and which better
accommodates recurring periods of leave.
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12.9.7 Benefits While on Leave
12.9.7.1 Compensation. Leave under this policy is unpaid after all
accrued and unused vacation and sick leave is exhausted.
12.9.7.2 Accrued Leaves. While on leave, employees do not accrue
vacation,sick,or other paid leave time,and their performance evaluation dates may
be adjusted, to the same extent as other unpaid leaves, as provided in Leave of
Absence Without Pay, in Section 12.14 of MOU.
12.9.7.3 Health Benefits. While on leave an employees will continue to
be covered by the City's group health insurance and life insurance to the same
extent that coverage is provided while the employee is on the job.
12.9.7.4 Other Benefits. Employees shall not accrue sick leave, paid
holidays or vacation leave while on FMLA/CFRA leave.
12.9.8 Employee Notice of Leave
12.9.8.1 Employees must submit requests for leave in writing to the
Human Resources Manager. Although the 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 the leave is foreseeable,
at least 30 day notice is required. In addition,if an employee knows that leave will
be needed 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 the Human Resources
Manager as soon as possible that such leave will be needed. Whenever the Human
Resources Manager is notified of a request of leave under this policy, the Human
Resources Manager will notify the requesting employee's Department Director or
designee. The Human Resources Manager will also notify the Department Director
of any determination to grant or deny the request.
12.9.8.2 If the Human Resources Manager determines that an employee's
notice is inadequate or the employee knew about the requested leave in advance of
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the request, the Human Resources Manager may delay the granting of the leave
until, in his or her discretion, adequate coverage is found for the employee's
position.
12.9.9 Medical Certification
12.9.9.1 Employees who request leave for themselves or to care for a
child,parent or a spouse must provide written certification of the eligible individual
with a serious health condition.
12.9.9.1.1 Timing of Certification. Medical certification
should be provided with the employee's request for leave, in accordance
with the same time requirements for notice under this Rule at paragraph 7.
When this is not possible, the employee must provide the requested
certification to the Human Resources Manager within the time frame
requested by the Human Resources Manager, unless it is not practicable
under the particular circumstances to do so despite the employee's diligent,
good faith efforts.
12.9.9.1.2 Recertification. If the Human Resources Manager
has reason to doubt the validity of a certification, the City may require a
medical opinion of a second health care provider chosen and paid for by the
City. If the second opinion is different from the first,the City may require
the opinion of a third provider jointly approved by the City and the
employee, but paid for by the City. The opinion of the third provider will
be binding.
12.9.9.1.3 Certification for Intermittent Leave or Reduced
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,the employee must provide medical
certification that such leave is medically necessary. "Medically necessary"
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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.
12.9.10 Reinstatement Upon Return from Leave
12.9.10.1 Rityht 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.
12.9.10.2 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 form the health care provider
that the employee is able to resume work. Failure to provide such certification may
result in denial of reinstatement.
12.10 Prel4nancy Disability Leave
12.10.1 Eligibility
12.10.1.1 Any employee who is disabled because of pregnancy,childbirth,
or a related medical condition may be entitled to pregnancy disability leave(PDL).
12.10.1.2 For employees who are also eligible for FMLA/CFRA leave,
PDL is not counted as time used for CRFA leave, but does run concurrently with
available FMLA leave.
12.10.2 Reasons for Leave
12.10.2.1 PDL is for any period(s) of actual disability caused by
pregnancy, childbirth or related medical conditions up to four (4) months per
pregnancy. PDL does not need to be taken in one continuous period of time but
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can be taken on an as-needed basis. Time off needed for prenatal care, severe
morning sickness, doctor-ordered bed rest,childbirth,and recovery from childbirth
are all covered by PDL.
12.10.3 Amount of Leave
12.10.3.1 Employees may take up to four months (or 88 workdays for a
full-time employee) of PDL.
12.10.4 Benefits While on Leave
12.10.4.1 Benefits. PDL is unpaid. However,employee may use accrued
leave as if on FMLA and will receive benefits pursuant to City Personnel Rules &
Regulations Section 9.6 (Family and Medical Leave) up through exhaustion of the
employees' available FMLA leave.
12.10.4.2 Employees who are not eligible for FMLA leave or employees
who continue taking PDL after they have exhausted their available FMLA leave,
will receive benefits only to the same extent as other similarly-situated employees
on leave for a disability.
12.10.4.3 Accrued leaves. While on leave, employees do not accrue
vacation,sick,or other paid leave time,and their performance evaluation dates may
be adjusted,to the same extend as any other unpaid leaves,as provided in Leave of
Absence Without Pay,Article 12.14.
12.10.5 Substitution of Paid Accrued Leaves
12.10.5.1 Employees taking PDL may concurrently use any available sick
leave. Employees may also use any accrued vacation or other accrued time off as
a part of their PDL before taking the remainder of their leave as an unpaid leave.
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12.10.6 Employee Notice of Leave
12.10.6.1 To the extent possible,employees requesting PDL should follow
the authorization procedures for leaves of absence without pay, as provided in
Leaves of Absence Without Pay,Article 12.14.
12.10.7 Medical Certification
12.10.7.1 The City may require employee requesting PDL or a related
transfer to obtain a certification from your health care provider of your pregnancy
disability or the medical advisability for a transfer. The certification should
include:
12.10.7.1.1 The date on which you became disabled due to the
pregnancy or the date of the medical advisability for the transfer;
12.10.7.1.2 The probable duration of the periods of disability or
the periods for the advisability of the transfer; and
12.10.7.1.3 A statement that,due to the disability,you are unable
to work at all or to perform any one or more of the essential functions of
your position without undue risk to yourself, the successful completion of
your pregnancy or to the other person or a statement that, due to your
pregnancy,the transfer is medically advisable.
12.10.8 Reinstatement upon Return from Leave
12.10.8.1 Reinstatement to Position. 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 PDL period.
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12.10.8.2 Fitness for Duty Certification. As a condition of reinstatement
or a re-transfer, the employee must obtain and present a fitness-for-duty
certification from the health care provider that the employee is able to resume work
in the position sought. Failure to provide such certification may result in denial of
reinstatement.
12.11 Jury Duty and Witness Leave
12.11.1 All employees in the competitive service who are required to serve jury
duty or as a witness in court shall be entitled to regular compensation for up to ten (10)
working days of service with full pay. If an employee is required to serve more than ten
working days,then the City Manager, at his/her sole discretion, may grant an extension of
this leave period.
12.11.2 If summoned to jury duty or as a witness, employees should
immediately notify their supervisor.
12.11.3 The Judy Duty Service form, as well as the compensation received for
the court must be surrendered to City in order to receive a payroll check for the time period
covering the days away on jury duty. The employee may retain any travel, parking and
meal allowance granted by the court.
12.12 Military Leave
12.12.1 Military leave with pay shall be granted in accordance with the
provisions of the Military and Veteran's Code of applicable State and Federal law. An
employee entitled to military leave shall give his/her Department Director an opportunity
within the limits of military regulation to determine when such leave shall be taken. Prior
to taking such leave, an employee shall present a copy of his/her military orders to the
Department Director. The Department Director shall advise the Human Resources
Manager of such military orders promptly. The employee's work schedule may be
temporarily changed by the Department Director to accommodate the leave and department
workloads. Benefits shall continue to accrue to the employee to the extent required by law.
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12.13 Bereavement Leave
12.13.1 A regular employee shall be granted a leave without loss of pay in case
of death of a member of the employee's immediate family. Up to three (3) days without
loss of pay shall be granted in the event the deceased resided in the State of California. If
out of state travel is required,up to five(5)days leave without loss of pay shall be granted.
Additional time off may be taken as sick leave, vacation time or other paid leave or as
authorized leave without pay upon approval of the City Manager.
12.13.2 Immediate family as used in this policy shall be defined as the spouse,
registered domestic partner, children, step-relations, parents, brothers, sisters,
grandparents, or in-laws.
12.14 Leave of Absence Without Pay
12.14.1 At the sole discretion of the City, an employee may be granted a leave
of absence without pay upon recommendation of the Department Director and approval of
the City Manager. The city may fill the position with a temporary or provisional employee
during the term of the leave of absence or undertake any other appropriate measures to
address workloads needs. Nothing herein shall require or preclude the City from offering
unpaid leave as a reasonable accommodation under state and federal disability law.
12.14.1.1 Authorization Procedure. Employees requesting a leave of
absence without pay must submit the request in writing to their Department
Director, and the request should state the reason for the request and the anticipated
beginning and ending dates of the leave. The Department Director will submit the
request along with his or her recommendation to the City Manager who will make
a decision in writing and transmit the decision to the employee. The decision of
the City Manager shall be final and is not subject to grievance or appeal. The City
Manager's determination will include consideration of the following factors:
12.14.1.2 Any history of excessive unauthorized absences or leave abuse;
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12.14.1.3 Any detrimental effect on the operation of the department/
division; and
12.14.1.4 The reason for the leave of absence.
Examples of reasons that may be considered are:
12.14.2 Illness or disability;
12.14.3 To take a course of study that will increase the employee's usefulness
or effectiveness to the City;
12.14.4 Other approved personal reasons. Use of the leave of absence for a
purpose other than that requested may be cause for forfeiture of reinstatement rights or
disciplinary action, up to and including dismissal.
12.14.5 Length of Leave And Extension
12.14.5.1 Leaves of absence without pay must not exceed one year,
provided that the City Manager may extend a leave of absence for an additional
period not to exceed one year. Employees requesting a leave of absence extension
must submit a request in accordance with the procedures of paragraph 1 of this Rule
no later than fourteen (14) calendar days prior to the approved expiration of the
original leave of absence.
12.14.6 Return from Leave
12.14.6.1 When an employee intends to return from an authorized leave of
absence without pay, either before or upon the expiration of such leave, the
employee shall contact the Department Director at least fourteen(14) days prior to
the planned day of return. The Department Director shall promptly notify the
Human Resources Manager of the employee's intention. Failure of an employee to
abide by this notification procedure or to report for work promptly at the date of
leave expiration shall be grounds for discipline up to an including termination.
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12.14.6.2 Employees returning from a leave of absence without pay
because of illness or disability must first submit to the Human Resources Manager
a release to work from their treating physician that satisfactorily certifies the
employee can perform the essential functions of the position to which he or she
desires to return; with or without accommodation. Further, the employee may be
subject to an examination by a City-approved physician to ensure that the employee
can perform the essential functions of the position with or without accommodation.
12.14.7 Adiustment to Accrual of Benefits
12.14.7.1 Sick leave, holiday, and vacation leave will not accrue during
any unpaid leave absence.
12.14.8 Adiustment to Date Of Performance Evaluation
12.14.8.1 Any unpaid leave of absence that exceeds five (5) consecutive
calendar days will result in a proportionate adjustment to the employee's
performance evaluation date for all purposes, including, consideration of a merit
salary increase.
12.15 Administrative Leave
The City manager, in his/her discretion, may place an employee on administrative leave
with pay and benefits. During such leave,the employee remains subject to this MOU and all City
Policies. Employee must be available to work at all times.
ARTICLE 13
DISCIPLINARY ACTION
13.1 Policy on Discipline
13.1.1 No employee who holds a regular appointment who has passed his/her
one (1) year probationary period shall be disciplined without cause. Probationary
employees are at-will and are subject to termination without cause. For purposes of this
Article, disciplinary action shall be defined to include one or more of the following: oral
warnings, written reprimands, suspensions, demotions, reductions in pay and discharge.
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Oral and written reprimands may be initiated at the supervisor/division manager level.
Disciplinary action more serious than a written reprimand must be initiated at the
Department Director level.
13.2 Notice of Proposed Discipline
13.2.1 Except in emergencies, or as authorized by law, suspensions,
demotions,reductions in pay,or discharge,shall not be put in effect until the employee has
received written notice advising the employee of the proposed action, the reason(s)
therefore, the facts giving rise thereto, the proposed effective date, access to written
material that formed a basis for the proposed action, and the opportunity to respond to the
Department Director orally or in writing within five (5) working days, of receipt of such
notice. If deemed necessary by the Department Director or the Human Resources Manager,
an employee may be placed on administrative leave with pay pending investigation of
allegations that may lead to discipline.
13.3 Appeal of Disciplinary Action
13.3.1 If a disciplinary action consists of a suspension of eight (8) hours or
more; a reduction in pay equal to a eight (8) hour or more suspension; demotion, or
discharge, the employee may appeal the proposed disciplinary action prior to its
implementation, in accordance with the Third Level of the Grievance Procedure in
Article 14. Any such appeal must be filed within ten (10) working days of the notice of
the disciplinary action. The cost of providing a hearing officer or arbitrator to hear
disciplinary appeals and the cost of a court reporter shall be borne by the City.
13.4 Causes for Discipline
13.4.1 Examples of causes for discipline action include, but are not limited to:
13.4.1.1 Dishonesty;
13.4.1.2 Incompetence;
13.4.1.3 Inefficiency;
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13.4.1.4 Neglect of duty;
13.4.1.5 Negligence which affects the safety of the employee or others;
13.4.1.6 Violation of any City policy,rule or requirement;
13.4.1.7 Unauthorized absences (including tardiness) or abuse of sick
leave or any other leaves;
13.4.1.8 Violation of these Rules, or other rules, regulations or orders
established by a supervisor, department, or City Council;
13.4.1.9 Conviction of a crime that interferes with employment;
13.4.1.10 Discourtesy to the public or fellow employees;
13.4.1.11 Misuse or abuse of City property or equipment;
13.4.1.12 Substandard job performance;
13.4.1.13 Insubordination;
13.4.1.14 Any activities, including outside employment that create a
conflict of interest with City employment and are not specifically authorized by the
Department Director;
13.4.1.15 Falsification of any City report or record (including job
application);
13.4.1.16 Other acts which are incompatible with service to the public
including,but not limited to, any conduct or behavior, either on or off duty,which
causes discredit or would reasonable tend to cause discredit to fall upon the City,
its officer, agents or departments;
13.4.1.17 Documented verbal and/or physical abuse/harassment of co-
workers and/or the general public; and
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13.4.1.18 Working overtime without authorization.
ARTICLE 14
GRIEVANCE PROCEDURE
14.1 Early Resolution. This grievance procedure is intended to ensure that every
reasonable effort will be made to resolve problems as near as possible to the point of origin.
Definitions of grievances are as follows:
14.2 Definitions
14.2.1 "Grievance"—A written allegation by an employee that there has been
a violation, misapplication, or misinterpretation of a specific term(s) of this MOU or
existing City Rule(s),Regulation(s) or Policy(ies) regarding working conditions.
14.2.2 "Grievant" — A regular or probationary employee who alleges in a
grievance that the employee has been directly wronged by a violation of specific terms of
this MOU or existing City Rule(s), Regulation(s) or Policy(ies) regarding hours, wages,
and terms and conditions of employment.
14.2.3 "Immediate Supervisor" —The appropriate supervisor or manager to
whom the employee is accountable.
14.2.4 "Response and File" — Personal delivery or deposit in the U.S. mail,
postage prepaid. If mail delivery is used, it shall be by certified, return receipt requested
mail and the certified receipt date shall establish the date of response or filing. If personal
delivery is used,the calendar date of delivery shall establish the date of response or filing.
14.3 Level One—Informal Review
14.3.1 An employee shall have the right to present a grievance and to have the
complaint considered by the immediate supervisor no later than fifteen(15) working days
after the event giving rise to the complaint,or no later than fifteen(15)workings days after
the employee knew or reasonably should have known of the event giving rise to the
grievance.
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14.3.2 The employee,whenever possible,shall attempt to resolve the grievance
informally with his/her supervisor.
14.3.3 The immediate supervisor shall provide and answer to the employee no
later than fourteen(14)working days after the Level One meeting. Such response shall be
provided orally.
14.3.4 A resolution of the grievance at the informal level shall be precedent
setting.
14.4 Level Two -Formal Review
14.4.1 If the grievance is not resolved through Level One informal discussions,
the employee may file a Level Two grievance with the Department Director no later than
ten(10)working days after the response from the immediate supervisor at Level One. The
grievant shall state the following clearly and concisely on a grievance form provided by
the City:
14.4.1.1 The specific term(s) of this MOU or the City Rule(s),
Regulation(s) or Policy(ies) regarding working conditions, which have been
violated;
14.4.1.2 The action grieved,including names,dates,places and times and
how it violated a specific term(s) of the City Rule(s), Regulation(s) or Policy(ies)
regarding working conditions;
14.4.1.3 The remedy sought;
14.4.1.4 The name and classification of the grievant and his/her
signature;
14.4.1.5 The name of the representative,if any;
14.4.1.6 The date of submission.
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14.4.2 The Department Director shall hold a meeting with the grievant at a
mutually acceptable time and location no later than ten(10)working days after the receipt
of the grievance. The Department Director shall respond in writing to the grievant within
ten(10) working days of the Level Two meeting.
14.5 Level Three
14.5.1 In the event the grievance is not settled at the Level Two, or in the case
of disciplinary action within the meaning of Section 13.3 of MOU, the grievant may file a
Level Three grievance with the City Manager no later than ten (10)working days after the
Level Two response. The grievant shall include in the grievance a written statement
indicating the reason that the proposed settlement at Level Two was unsatisfactory. The
City Manager may hold a meeting with the grievant at a mutually acceptable time and
location. The City Manager shall respond to the grievant no later than ten (10) working
days after the receipt of the Level Three grievance.
14.5.2 The grievant shall present at Level Three all issues and written evidence
known or which could have been reasonably known. No additional issues may be
presented by the grievant after Level Three, except by mutual agreement.
14.5.3 Amendments and/or modifications to the grievance shall not be made
by the grievant after the Level Three filing date, except by mutual agreement. This
provision does not preclude either party from presenting new evidence should either party
discover it at a later date. Each party shall make an effort to share evidence with the other
upon discovery of said evidence.
14.5.4 If the grievance has not been settled at Level Three,then within ten(10)
working days after receipt of the Level Three written decision or the expiration of the time
limits for making such decision, upon request of the grievant, the grievant may request
arbitration by giving notice to that effect, by certified mail, return receipt requested,
directed to the Human Resources Department.
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14.6 Level Four—Arbitration
14.6.1 The arbitration/hearing procedures shall be conducted in accordance
with the rules of the State Mediation & Conciliation Service ("SMCS") or the Office of
Administrative Hearings ("OAH") in the case of an appeal from discipline.
14.6.2 The parties shall select an arbitrator/hearing officer by requesting a list
from SMCS. The parties shall strike arbitrators in alternating fashion until there is one
arbitrator remaining on the list. This arbitrator shall then serve as the arbitrator,unless the
hearing officer is appointed by OAH.
14.6.3 The cost of any arbitration/hearing proceeding shall be divided equally
between the City and the Grievant,except in the case of an appeal from disciplinary action.
14.6.4 Failure on the part of the City representative or grievant to appear in any
case before an arbitrator/hearing officer, without good cause, shall result in the forfeiture
of the case and responsibility for payment of all costs of arbitration. "Good Cause"shall
be defined as a circumstance(s) beyond control of the party failing to appear. Any
cancellation or postponement fee shall be borne the responsible party.
14.6.5 A final decision or award by the arbitrator/hearing officer shall be made
within thirty(30)calendar days after the close of the hearing. Such decision or award shall
be advisory and subject to the approval of the City Council. Both parties shall be given the
opportunity to submit their arguments before the City Council with regard to the
Arbitrator's/Hearing Officer's "Findings of Facts,"prior to such approval.
14.6.6 Expenses for witnesses shall be borne by the party who calls them,
except where City employees testify.
14.6.7 The standard of review for the arbitrator/hearing officer is whether the
City violated a specific term(s) of this MOU or the City Rules(s), Regulation(s) or
Policy(ies) regarding working conditions in the case of non-disciplinary appeals. In the
case of an appeal from discipline, the standard is whether the preponderance of the
evidence establishes cause for the discipline and the appropriateness of the penalty.
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14.6.8 If a question exists as to the arbitrability of an issue,the arbitrator shall
determine the arbitrability questions prior to hearing the formal presentations of the parties
on the merits of the grievance.
14.7 General Provisions
14.7.1 Failure of the grievant to comply with the time limitations of this Article
shall render the grievance null and void. Failure by the City representative to timely
respond under this Article shall permit the grievance to be filled at the next level.
14.7.2 Time limits set forth in this Article may be extended by mutual
agreement which shall not be unreasonably withheld. The parties may also agree that a
particular grievance may be initiated at a higher step than Step 1, based on the nature and
complexity of the grievance.
14.7.3 No punitive action shall be assessed against an employee for utilizing
the grievance procedure.
14.7.4 Employees shall be granted release time not to exceed one (1) hour for
the purposes of discussing a potential grievance with their representative or preparing for
a grievance which has been filed at Level Two. Such release time for pre-grievance
consultation or grievance preparation is applicable per grievance, and its scheduling shall
not interfere with departmental operations.
14.7.4.1 The parties may consolidate at any level grievance on similar
issues.
14.7.4.2 Grievance records shall be filed separately from an employee's
personnel file and shall be considered confidential.
14.7.4.3 A grievant may withdraw a grievance at any time. The grievant
shall not file any subsequent grievance on the same alleged incident.
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14.7.4.4 A decision by the grievant to submit a grievance to arbitration
shall automatically be a waiver of all other remedies except as provided otherwise
by statute.
14.7.4.5 No individual City Council member may be approached
concerning the grievance at any time the grievance is being processed.
14.7.4.6 Organizational channels shall be utilized at all times and
participation in the grievance and the discussion of information related thereto shall
be limited to the parties to the grievance except when such other persons are
identified and/or called as witnesses.
14.7.4.7 In the event of a disciplinary action involving a suspension,
reduction in pay or demotion,or termination within the meaning of Section 13.3 of
MOU,where a pre-disciplinary meeting has already been held,Levels One through
Two of the grievance procedure shall be eliminated and Levels Three and Four shall
be utilized, except City, at its sole discretion, may use a hearing officer appointed
by the Office of Administrative Hearings.
14.7.4.8 A group of employees may file one grievance rather than
individual grievances, as long as the following conditions are met:
14.7.4.9 Each employee in the"group" grievance is individually named.
14.7.4.10 The grieve-able matter is exactly the same for each employee
cited in the grievance.
14.7.4.11 The City is not obligated to conduct grievance hearings or
provide grievance responses to each individual, but only to one of the employees
involved who represents the group filing the grievance.
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14.8 Authority of Third Party
14.8.1 Each issue decided by a third party neutral shall stand on its own merits
and shall not be used as precedent by any other third party neutral in deciding any issue
before him or her.
14.9 No Retaliation
14.9.1 Employees will not be penalized or retaliated against in any way for
using the grievance procedures, testifying as a witness in a grievance proceeding or
assisting with a grievance.
ARTICLE 15
RATIFICATION AND IMPLEMENTATION
15.1 Ratification and Implementation
Representatives of management for the City and representatives of the Association have
met on a number of occasions and have conferred in good faith, and exchanged proposals
concerning wages, hours, fringe benefits and other terms and conditions of employment of
employee members represented by Association.
The management representatives and the representatives of the Association have reached
an understanding as outlined in MOU which was ratified by the Association membership. This
MOU constitutes a mutual recommendation to be jointly submitted to the City Council for
adoption. After the City Council acts, by majority vote, to formally approve this MOU,the City
Council shall enact any necessary amendments to City Ordinances or Resolutions consistent with
this MOU. ,Lµ-
Dated this `7' day of 89r f ( , 2018.
[Signatures on following page]
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CITY OF MENIFEE MENIFEE CITY EMPLOYEES
ASSOCIATION
Mid-Management Employees Unit
By:��� 1)
Daniel Alvarado, Human Resources By.
Manager Don Sharp
By: By:
,,�:'/effikWyman, Assi ant City Manager Lisa Gordon
By:
Bill Shaeffer,
Rutan&Tucker, LLP
Chief Negotiator
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CITY OF MENIFEE MENIFEE CITY EMPLOYEES
ASSOCIATION
Mid-Management Employees Unit
Daniel j Alvarado, Human Resources By.�� ,�—_
Manager Don Sharp J
Jeff/Wyrnan, Assistant City Manager Lisa Gordon
By: /W964�
Bill Shaeffer,
Rutan&Tucker,LLP
Chief Negotiator
2623/031858-0019
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HMENY A,,—,
r1i d
k�C
STATE OF CALIFORNIA :.:���
PUBLIC EMPLOYMENT RELATIONS BOARD
CITY OF MENIF EE,
Employer, Case No. LA-RR-1273-M
and
MENIFEE CITY EMPLOYEES ASSOCIATION,
Petitioner.
CERTIFICA T ION.OF REPRESENTATIVE
In the above-captioned matter, the Public Employment Relations Board has determined that the
Menifee City Employees Association (Association)has demonstrated at least majority proof of
support of the employees in the proposed unit below, as modified by the parties. The City of
Menifee does not doubt the appropriateness of the proposed unit and has voluntarily granted
recognition to the Association.
Pursuant to the authority vested in the undersigned by the Public Employment Relations Board,
IT IS HEREBY CERTIFIED as of September 14, 2017, that the Association is the exclusive
representative of all employees in the unit set forth below:
Title of Unit: Mid-Management Unit
Shall INCLUDE: Building and Safety Manager, Maintenance and Operations
Manager, Economic Development Manager, Planning Manager,
Assistant Engineer, Construction Manager, and Park Maintenance
Superintendent.
Shall EXCLUDE: Finance Manager, Human Resources Manager, and any other
position/classification not specified herein.
Issuance of this Certification shall not be interpreted to mean that the Board would find the
unit described above to be an appropriate unit in a disputed case.
Signed at Glendale, California on September 14, 2017.
On behalf of the
PUBLIC EMPLOYMENT REL ONS BOARD
Blaire B
Regio 1 ney
PROOF OF SERVICE
I declare that I am a resident of or employed in the County of Los Angeles, California.
I am over the age of 18 years and not a party to the within entitled cause. The name and
address of my residence or business is Public Employment Relations Board, 700 North Central
Avenue, Suite 200, Glendale, CA 91203-3219.
On September 14, 2017, I served the CERTIFICATION regarding Case No.
LA-RR-1273-M on the parties listed below by
X placing a true copy thereof enclosed in a sealed envelope for collection and
delivery by the United States Postal Service or private delivery service following ordinary
business practices with postage or other costs prepaid.
personal delivery.
facsimile transmission in accordance with the requirements of PERB Regulations
32090 and 32135(d).
_electronic service (e-mail).
Robin Nahin, Field Representative and Director
Rich Anderson, Labor Relations Representative
City Employees Associates
100 Oceangate, Suite 1200
Long Beach, CA 90802
George William Shaeffer, Attorney
Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626-1931
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on September 14, 2017, at Glendale, California.
0�1
(Type or print name) (Signa