2022/07/01 Menifee City Employees Association MOU between City of Menifee and Menifee City Employees Association (General Unit) July 1, 2022-June 30, 2024
MEMORANDUM OF
UNDERSTANDING
Between
City of Menifee
And
Menifee City Employees’ Association
(General Unit)
July 1, 2022 – June 30, 2024
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TABLE OF CONTENTS
ARTICLE 1. MEMORANDUM OF UNDERSTANDING ..............................................................
1.1 Parties to memorandum of Understanding ...............................................................
1.2 Governing Statute ......................................................................................................
1.3 Term ...........................................................................................................................
1.4 Labor Committee Review ...........................................................................................
ARTICLE 2. RECOGNITION AND DESCRIPTION OF BARGAINING UNIT ...................................
2.1 Recognition ................................................................................................................
2.2 Description of Bargaining Unit ...................................................................................
2.3 Members on Leave of Absence ..................................................................................
2.4 Proposed Changes .....................................................................................................
ARTICLE 3. PURPOSE ...........................................................................................................
3.1 Purpose ......................................................................................................................
ARTICLE 4. NON-DISCRIMINATION ......................................................................................
4.1 Protection of Rights ...................................................................................................
4.2 Equal Protection of Rights .........................................................................................
ARTICLE 5. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES ...........................
5.1 Dues and Benefit Deductions Program ......................................................................
5.2 Maintenance of Membership ....................................................................................
5.3 Representational Time-Off ........................................................................................
5.4 Bulletin Boards ...........................................................................................................
5.5 Association Access to New Employees ......................................................................
5.6 Representational Information ...................................................................................
ARTICLE 6. CITY MANAGEMENT RIGHTS ..............................................................................
6.1 Management Rights ...................................................................................................
ARTICLE 7. AMENDMENTS TO PERSONNEL RULES AND REGULATIONS ................................
7.1 Amendments ..............................................................................................................
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7.2 Electronic Posting.......................................................................................................
ARTICLE 8. PEACEFUL PERFORMANCE OF CITY SERVICES .....................................................
8.1 No strikes or Concerted Activities .............................................................................
8.2 Violations ...................................................................................................................
8.3 Prompt Disavowal by Association ..............................................................................
ARTICLE 9. SALARIES AND COMPENSATION ........................................................................
9.1 Class and Compensation Study ..................................................................................
9.2 Cost of Living ..............................................................................................................
9.3 Inflation Stipend .........................................................................................................
9.4 Overtime ....................................................................................................................
9.5 Standby Pay ................................................................................................................
9.6 Meal Allowance ..........................................................................................................
9.7 Certificate Pay ............................................................................................................
9.8 Longevity Pay .............................................................................................................
9.9 Bilingual Pay ...............................................................................................................
9.10 Tool Allowance ...........................................................................................................
9.11 Boot Allowance ..........................................................................................................
9.12 Cell Phones .................................................................................................................
9.13 Life Insurance .............................................................................................................
9.14 Health Insurance ........................................................................................................
9.15 Cash in Lieu of Medical Insurance Phase Out ............................................................
9.16 Retirement .................................................................................................................
9.17 Deferred Compensation ............................................................................................
9.18 Flexible Spending Account/Dependent Care .............................................................
9.19 Education Reimbursement ........................................................................................
9.20 Computer Loan Program ............................................................................................
ARTICLE 10. CHANGES TO POSITIONS ...................................................................................
10.1 Transfers ....................................................................................................................
10.2 Reclassification of City’s Personnel Rules & Regulations ..........................................
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10.3 Demotions ..................................................................................................................
10.4 Lay-Offs ......................................................................................................................
10.5 Bumping .....................................................................................................................
10.6 Reinstatement From Lay-Off .....................................................................................
10.7 Separations ................................................................................................................
10.8 Reinstatement ............................................................................................................
ARTICLE 11. GENERAL EMPLOYMENT MATTERS ....................................................................
11.1 Hours of Work ............................................................................................................
11.2 Meals and Break Periods ...........................................................................................
11.3 Timekeeping ...............................................................................................................
11.4 Attendance .................................................................................................................
11.5 Employee Performance Evaluation ...........................................................................
11.6 Employee Wellness Program .....................................................................................
ARTICLE 12. LEAVE OF ABSENCE ...........................................................................................
12.1 Eligibility for Paid Leave of Absence ..........................................................................
12.2 Vacation .....................................................................................................................
12.3 Pay In Lieu of Vacation Leave (Buy Back) ..................................................................
12.4 Buy Back Guidelines ...................................................................................................
12.5 Vacation Leave — Separation from the City ..............................................................
12.6 Holidays ......................................................................................................................
12.7 Floating Holiday and Wellness Day ............................................................................
12.8 Sick Leave ...................................................................................................................
12.9 Jury Duty and Witness Leave .....................................................................................
12.10 Military Leave .............................................................................................................
12.11 Bereavement Leave ...................................................................................................
12.12 Leave of Absence Without Pay ..................................................................................
12.13 Administrative Leave .................................................................................................
ARTICLE 13. DISCIPLINARY ACTION .......................................................................................
13.1 Policy on Discipline ....................................................................................................
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13.2 Notice of Proposed Discipline ....................................................................................
13.3 Appeal of Disciplinary Action .....................................................................................
13.4 Causes for Discipline ..................................................................................................
ARTICLE 14. GRIEVANCE PROCEDURE ...................................................................................
14.1 Early Resolution .........................................................................................................
14.2 Definitions ..................................................................................................................
14.3 Level One – Informal Review .....................................................................................
14.4 Level Two – Formal Review........................................................................................
14.5 Level Three .................................................................................................................
14.6 Level Four – Arbitration .............................................................................................
14.7 General Provisions .....................................................................................................
14.8 Authority of Third Party .............................................................................................
14.9 No Retaliation ............................................................................................................
ARTICLE 15. REOPENER
ARTICLE 16. RATIFICATION AND IMPLEMENTATION ..............................................................
16.1 Ratification and Implementation ...............................................................................
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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”).
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, 2022 through June 30,
2024. This MOU is a two-year agreement with no reopeners except as stated
herein or otherwise by mutual agreement. Should any other non-sworn bargaining
unit receive additional compensation in the way of base salary increase, one-time
stipend or cafeteria contribution increase above the Association, that
compensation will be provided without further need to meet and confer. 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.
1.4 Labor Committee Review
1.4.1 City and Association shall begin meeting monthly beginning September
2022. Items to be negotiated include the following:
1.4.1.1 4/10 work schedule option
1.4.1.2 Teleworking policy
1.4.1.3 Employee rewards program
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 General Unit in accordance with the April 4, 2017
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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-1259-M. Unit members include
the following represented classifications:
Accountant Trainee
Accounting Assistant
Accounting Technician I/II
Administrative Assistant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector
Building Permit Technician
Cashier
Code Enforcement Officer I/II
Code Enforcement Technician
Community Services Coordinator
Contract/Purchasing Specialist
Contract/Purchasing Technician I/II
Deputy City Clerk
Engineering Technician I
Facilities Maintenance Worker I/II
Fleet Services Worker I
Fleet Technician
Management Aide
Media & Production Coordinator
Media Specialist
Office Specialist I/II
Park Maintenance Worker I/II
Park Ranger
Permit Technician
Planning Technician
Plans Examiner
Public Information Specialist
Public Works Inspector I/II
Receptionist
Records Technician
Sr. Accounting Technician
Sr. Building Inspector
Sr. Code Enforcement Officer
Sr. Facility Maintenance Worker
Sr. Fire Permit Technician
Sr. Fleet Technician
Sr. Park Maintenance Worker
Sr. Public Works Inspector
Sr. Street Maintenance Worker
Street Maintenance Worker I/II
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.
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2.4 Proposed Changes
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 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 join 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
themself individually or appearing on their 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 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 Human Resources and
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pursue alleged discrimination through procedures established by California or
federal statutes and regulations.
ARTICLE 5. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
5.1 Dues and Benefit Deductions Program
5.1.1 The City shall deduct Association dues from the pay of Association
members. The amounts to be deducted for Association dues 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.
5.1.2 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.
5.2 Maintenance of Membership
5.2.1 Subject to applicable law, all regular, full-time unit employees who, on the
effective date of this Agreement are members of the Association in good
standing, and all employees who thereafter become members, shall
maintain their membership with the Association in good standing during
the term of this Agreement. However, employees shall have the right to
resign their membership during the month of December of any year. Unit
employees may exercise their rights to resign by notice in writing to the
Association during this period.
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 four (4)
hours of time off per fiscal year 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.
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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 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 Department.
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 Pursuant to AB 119, the City agrees to provide no less than 10-days’ notice
in advance of any new employee orientations and provide the Association
mandatory access to the orientation(s). Orientation refers to any
onboarding process, whether in person, online or through other means.
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Access shall be determined by the Association, which could mean
representational attendance or correspondence.
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 Pursuant to AB 119, the City agrees to provide the Association with the
name, job title, department, work location, and work telephone number
of newly hired employees within 30-days of the date of hire. The City also
agrees to provide the Association with the name, job title, department,
work location, work, home and personal cellular telephone numbers,
personal email addresses and home address of all bargaining unit
employees every 120 days.
5.6.2 Investigations
5.6.2.1 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 their
supervisors.
ARTICLE 6. CITY MANAGEMENT RIGHTS
6.1 Management Rights
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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.
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 & Regulations, and any subsequent amendments thereto, shall be in full
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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 & 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 the 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:
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
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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 will hire a consultant to conduct a classification and compensation study
to be completed by June 30, 2023. Additional items to be included in the review
are an employee survey, education incentive pay and City matching deferred
compensation contributions.
9.1.1 Job Series Development
9.1.1.1 Job descriptions shall be updated by Human Resources to allow for
a job-series and promotional opportunities within a series.
9.2 Cost of Living Adjustment
9.2.1 Effective July 1, 2022, all employees in unit represented by Association
shall receive a cost of living base salary increase of four percent (4%).
9.2.2 Effective July 1, 2023, all employees in unit represented by Association
shall receive a cost of living base salary increase of four percent (4%).
9.3 Inflation Stipend
9.3.1 Effective July 1, 2022, unit employees shall receive a one-time Inflation
Stipend in the amount of $2,500 which shall be issued to all full-time
employees employed on July 1, 2022 and/or on the date of MOU
ratification.
9.4 Overtime
9.4.1 As a matter of general policy, the City does not permit employees to work
overtime unless there are exceptional circumstances. The City generally
will provide adequate staff to handle normal operations as needed.
9.4.2 All overtime work must have the approval of the appropriate Supervisor
prior to actual performance of the work. Failure to obtain such approval in
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advance shall be justification for discipline. The employee will be paid for
all overtime hours worked regardless of disciplinary actions.
9.4.3 All non-exempt employees shall be compensated at one and one-half
times their regular rate of pay for overtime hours either as paid overtime
or compensatory time off (CTO). Employees will be compensated for time
over forty (40) hours at time and one-half even when the basic forty (40)
hours includes holiday time, vacation time, sick time and jury duty time
during which the employee has not actually worked.
9.4.4 The employee has the option of either receiving paid overtime or CTO at
their election. No more than one hundred twenty (120) hours of CTO may
be accrued per fiscal year.
9.4.4.1 An automatic cash-out of any hours in excess of 40 shall be
processed on the first paycheck in December.
9.4.4.2 Employees may elect to keep their CTO Accruals intact with written
notification to the Payroll division no later than November 15th of
each year.
9.4.5 Overtime hours may include work performed outside of normal work
hours performing but not limited to: responding to City business using
personal or City provided cell phones, desk phones, tablets, laptops,
desktop computers and iPads for conducting City business. Employees
regular time off spent volunteering for City events and/or responding to
City e-mail is also considered time worked and subject to the overtime
compensation rules. Meal periods are not included as work time.
9.4.6 Overtime shall be offered on a perpetual rotating seniority basis to
qualified employees eligible for overtime pay. A failure of an employee to
accept overtime when offered will have the same effect as if that
employee had worked as far as their turn in the rotation is concerned. If
no qualified employee volunteers, the least senior qualified employee
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eligible for overtime pay shall be assigned mandatory overtime in inverse
seniority order on a rotating basis.
9.4.7 If a non-exempt unit member is promoted to an FLSA exempt position, no
further overtime or compensatory time off (CTO) can accrue. At the time
of appointment, such an employee shall be paid for all accrued and unused
CTO at their current hourly rate.
9.4.8 The City does not permit an employee, supervisor, manager or department
director to “flex” the employee’s work week.
9.5 Standby Pay
9.5.1 Employees who are released from active duty but who are required by
their departments to leave notice where they can be reached and be
available to return to active duty when required by the department, shall
be considered to be on standby duty.
9.5.2 Standby duty shall, whenever possible, be assigned to employees on a
voluntary basis. When volunteer assumption of standby duty by
employees is insufficient to meet the needs of the department, then such
duty shall be assigned on a rotational basis whenever possible within
affected work units.
9.5.3 Standby duty requires that employees so assigned shall respond as soon
as possible and within no more than sixty (60) minutes (unless other
arrangements are made with the supervisor). Employees on standby shall
make themselves available to be reached by telephone or other
communicative devices and refrain from activities which might impair their
ability to perform assigned duties. Employees not obligated to remain on
standby have no obligations to meet these requirements. Employees
accepting standby assignments not able to meet the above criteria due to
distance, must make prior arrangements with management before
accepting the standby assignments.
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9.5.4 Standby duty occurs after the employee’s regular hours are completed and
is not an extension or continuation of a regular shift.
9.5.5 Standby duty is a seven (7) day, Thursday to Wednesday, assignment.
9.5.6 Standby duty shall be compensated at $42.86 per day, which is the
equivalent to $300.02 per 7-day work week.
9.5.7 Standby compensation shall not be the basis upon which overtime is
calculated for any purpose, except in cases where a standby employee
physically responds to a City location to remedy a problem.
9.5.8 City shall compensate those employees who are assigned standby duty
who physically respond to City locations to remedy a problem will be paid
from the time the employee leaves home until they return home at their
current pay rate for actual hours worked, or a minimum of two (2) hours,
for each incident requiring a round trip, whichever is greater.
9.5.9 City shall compensate those employees who are assigned standby duty
who physically responds to City locations to remedy a problem after 8:00
p.m. and before 5:00 a.m.; said employees will be paid from the time the
employee leaves home until they return home at their current pay rate for
actual hours worked, or a minimum of three (3) hours, for each incident
requiring a round trip, whichever is greater.
9.6 Meal Allowance
9.6.1 City shall pay a meal allowance for afterhours call-outs that take more than
four (4) hours, at the IRS per diem rate.
9.7 Certificate Pay
9.7.1 Effective July 1, 2022, the City will pay certification pay for certain
certifications that are above the minimum qualifications and not a
requirement of the position, and certain licensure(s) as follows:
9.7.1.1 American Institute of Certified Planners (AICP) Certification – 2.0%
of base salary.
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9.7.1.2 International Code Council (ICC) Certification – 2.0% of base salary
(for Permit Technicians only).
9.7.1.3 Class A Driver’s License – $50.00 monthly stipend (paid semi-
monthly) for employees who operate City vehicles which require a
valid Class A California Driver’s License.
9.7.1.4 Notary Public – $25.00 monthly stipend (paid semi-monthly) for
employees who provide Notary services for City business.
9.7.1.5 *Maintenance Superintendent Association (MSA) Certification –
May be added after a determination of standard practice for such
pay by other cities.
9.8 Longevity Pay
9.8.1 Effective July 1, 2022, the City will pay longevity pay as follows
(compounding):
9.8.1.1 Additional 3.0% of base pay for 10-14 years of service with the City.
9.8.1.2 Additional 4.0% of base pay for 15-19 years of service with the City.
9.8.1.3 Additional 5.0% of base pay for 20+ years of service with the City.
9.8.2 Longevity pay shall not exceed 12.0% of base pay annually after 20 years
of service.
9.8.3 Longevity payments shall be paid biweekly and not as a lump sum.
9.9 Bilingual Pay
9.9.1 Qualifying employees shall be paid One Hundred Twenty-Five Dollars
($125) per month if they are bilingual (speak only), and One Hundred
Seventy-Five Dollars ($175) per month if they are bi-literate (speak, write,
and read).
9.9.2 The only qualifying language is Spanish.
9.9.3 Unit employees must pass a standardized Spanish language test (pass/no
pass) to be administered by a testing agency selected by the City.
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9.9.4 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
Department and employee’s Department Director.
9.9.5 Only those employees compensated to provide this service will be called
upon to assist the public.
9.10 Tool Allowance
9.10.1 City shall pay $750.00 annually to Fleet Mechanic positions who utilize
their personal tools for City use. The annual allowance shall be paid upon
hire and at the beginning of each fiscal year of employment thereafter.
9.11 Boot Allowance
9.11.1 The City shall provide an annual allowance of $300, payable by voucher,
for the purchase of safety boots and life-extending products (such as Tuff
Toe). To be eligible, an employee must be required to wear safety boots as
a regular part of their daily duties as determined by the City’s Human
Resources Department and their Department Director.
9.11.2 Current classifications, which may be amended to include new/additional
future positions, approved for boot allowance include the following:
Building Inspector
Facilities Maintenance Worker I/II
Fleet Services Worker I
Fleet Technician
Park Maintenance Worker I/II
Park Ranger
Plans Examiner
Public Works Inspector I/II
Sr. Building Inspector
Sr. Facility Maintenance Worker
Sr. Fleet Technician
Sr. Park Maintenance Worker
Sr. Public Works Inspector
Sr. Street Maintenance Worker
Street Maintenance Worker I/II
9.11.3 If field staff have unusual wear and tear because of work functions,
additional allowance may be provided after supervisor evaluation of the
boots and approval of the Department Director.
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9.12 Cell Phones
9.12.1 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 CalPERS as compensation earnable or pensionable compensation.
9.13 Life Insurance
9.13.1 City will provide, at its expense, group life insurance in the amount
Seventy-five Thousand Dollars ($75,000) for full-time employees in the
bargaining unit.
9.14 Health Insurance
9.14.1 The City shall provide the following monthly allocations (“cafeteria plan”),
which may be applied toward the cost of any benefit made available by the
City at the option of the employee:
Coverage Level Monthly Allocation
Employee Only $1,500.00
Employee + 1 Dependent $1,850.00
Employee + Family $1,850.00
9.14.2 Medical insurance is available through CalPERS 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.
9.14.3 Upon ratification, Unit Employees will have the option to convert unused
cafeteria plan contributions to a 457(b) deferred compensation plan.
9.15 Cash in Lieu of Medical Insurance Phase Out
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9.15.1 Employees hired prior to July 1, 2017 and who opt out of medical insurance
are eligible to receive a cash-in-lieu payment up to one thousand two
hundred dollars ($1,200.00) per month or receive up to one thousand two
hundred dollars ($1,200.00) per month deposited into a 457(b) deferred
compensation plan.
9.15.2 Employees hired on or after July 1, 2017 and who opt out of medical
insurance are eligible to receive up to one thousand two hundred dollars
($1,200.00) per month deposited into a 457(b) deferred compensation
plan (with no cash option).
9.15.3 All Unit Employees who opt out of medical insurance must demonstrate
proof of other coverage to be eligible for this benefit.
9.16 Retirement
The City provides employees with retirement benefits through the California
Public Employees’ Retirement System (CalPERS).
9.16.1 In accordance with the California Public Employee’s Pension Reform Act of
2012 (“PEPRA”), for the purpose of retirement benefits through CalPERS,
employees are defined as either a “Classic” or “New” member of CalPERS.
9.16.1.1 Definition of a “Classic” Member:
Any employee hired by the City on or prior to December 31, 2012;
or any employee previously employed by a CalPERS participating
public agency, hired by that agency prior to January 1, 2013, and
who becomes employed by the City with less than a six (6) month
break in service, or any employee who is eligible for reciprocity with
another California public retirement system.
9.16.1.2 Definition of a “New” Member:
Any employee hired by the City or any other CalPERS participating
public agency, on or after January 1, 2013; or any employee
previously employed by a CalPERS participating public agency who
becomes employed by the City after a break in service of greater
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than six (6) months; or any employee who is ineligible for
reciprocity with another California public retirement system.
9.16.2 Retirement formulas and calculations are based upon a combination of the
employee’s age, years of service, and annual pensionable compensation.
9.16.2.1 “Classic” Member Retirement Formula:
For employees who are defined as “Classic” members, the City
contracts with CalPERS to provide a “2.7% @ 55” plan. There is no
cap on annual salary that can be used to calculate final
compensation. The plan is based upon the single highest year
salary.
9.16.2.2 “New” Member Retirement Formula:
For “New” members hired on or after January 1, 2013, PEPRA
mandates a “2% @ 62” plan. There is a pensionable compensation
cap on annual salary used to calculate final compensation. The plan
is based upon a three (3) year average of salary.
9.16.3 The rate of contributions by both the City and each individual employee is
based upon applicable law and MOU provisions. The Employer Paid
Member Contributions (EPMC) phase out for “Classic” members is detailed
in Section 9.16.3.2.
9.16.3.1 City Contributions
9.16.3.1.1 For “Classic” members, the City will contribute the full
(100%) cost of the employer’s share.
9.16.3.1.2 For “New” members, in accordance with PEPRA, the City
will contribute half (50%) of the normal costs, as
determined by CalPERS each year.
9.16.3.2 Employee Contributions
9.16.3.2.1 For “Classic” members hired before December 6, 2011, the
following contribution table applies:
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Effective Date Employee
Contribution
EPMC
July 1, 2018 1.0% 7.0%
July 1, 2019 2.0% 6.0%
July 1 2020 3.0% 5.0%
July 1, 2021 4.0% 4.0%
July 1, 2022 5.0% 3.0%
July 1, 2023 6.0% 2.0%
July 1, 2024 7.0% 1.0%
July 1, 2025 8.0% 0.0%
9.16.3.2.2 For "Classic” members hired on or after December 6, 2011,
the following contribution table applies:
Effective Date Employee
Contribution
EPMC
July 1, 2012 3.0% 5.0%
July 1, 2013 6.0% 2.0%
July 1, 2014 8.0% 0.0%
9.16.3.2.3 For "New” members, in accordance with PEPRA, each
employee shall participate in equal (50%) cost sharing of the
normal costs, as determined by CalPERS each year.
9.16.4 The City’s contract with CalPERS provides additional optional benefits to
eligible employees.
9.16.4.1 Military Service Credit
The City’s contract with CalPERS includes the option to purchase
Military Service Credit as Public Service (Government Code
§21024). Accordingly, eligible employees with qualifying military
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service may contact CalPERS and arrange to purchase, at their own
expense, up to four (4) years of service credit.
9.16.4.2 Annual Cost-of-Living Allowance
The City’s contract with CalPERS provides the minimum Annual
Cost-of-Living Allowance Increase (Government Code §21329) of
two percent (2%).
9.16.4.3 Survivor’s Benefit
The City’s contract with CalPERS provides the Fourth Level of 1959
Survivor Benefit (Government Code §21574).
9.16.4.4 Service Credit for Unused Sick Leave
The City’s contract with CalPERS provides for Credit for Unused Sick
Leave (Government Code §20965). Upon retirement, an employee
may convert accumulated sick leave to retirement service credit.
9.17 Deferred Compensation
9.17.1 The City offers a 457(b) Deferred Compensation Plan. Each employee may
defer up to the maximum allowed by the IRS.
9.18 Flexible Spending Account/Dependent Care
9.18.1 The City offers a flexible spending account which allows employees to set
aside pre-tax dollars to pay for eligible healthcare expenses and/or
childcare.
9.19 Education Reimbursement
9.19.1 Employees may request and be reimbursed up to three thousand dollars
($3,000) 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.
9.20 Computer Loan Program
9.20.1 Every non-probationary member shall be entitled to participate in an
interest-free loan program for the purchase of a computer and related
equipment (software, printer, etc.; not to include supplies).
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9.20.1.1 The purchase must be completed by direct payment from the City
to an established vendor in the City’s purchasing system, to include
Best Buy, Staples, and Amazon (at no time shall the City reimburse
an employee for the purchase).
9.20.1.2 The maximum amount of any individual loan shall be no greater
than $1,000.00 including tax.
9.20.1.3 The repayment period is not to exceed one (1) year and shall be
calculated by dividing the total cost by 26 pay periods, with a
payroll deduction from each check until fully repaid, beginning with
the first paycheck after issuance of payment to the vendor.
9.20.1.4 If member separates employment from the City prior to full
repayment, the total amount due shall be deducted from the
member’s final paycheck.
9.20.1.5 The cumulative amount of loans outstanding at any one time shall
not exceed $100,000.
9.20.1.6 The loan shall be upon the terms and conditions established by the
City.
ARTICLE 10. CHANGES TO POSITIONS
10.1 Transfers
10.1.1 After notice to the Human Resources Department 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 their sole
discretion. Employees may also submit a request to the Human Resources
Department for consideration to transfer into an open vacant position of
the same classification in another department.
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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 their 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 Department determine through a position
review, that the job duties of a position in the competitive service have
materially changed, the Human Resources Department, upon City
Manager approval, may reassign the position to another classification.
10.2.2 An employee may be reclassified without competitive exam if the Human
Resources Department 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 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
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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 Manager 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.
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. Before the
commencement of any layoff of a regular full-time employee, the City will
endeavor to review the contracts and consultants in a same or similar role
to determine, based on the needs of the City, if reductions can be made to
contractors or consultants first.
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
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10.5.1 “Bumping” means the displacement of an employee from their 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 Department in writing of their intent to exercise their
bumping rights, and the position and classification in to which they intend
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
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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
Department, 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 Department 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 separated in
good standing:
10.7.4.1 Submit a written notification stating their intent to resign or retire,
and the proposed effective date of separation 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 Department 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 Department, 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
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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 the 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 Department and in consultations with the Department Director;
provided, however, that Employees reinstated following lay-offs shall
receive credit for prior service to 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.
11.1.2 Any foreseeable absence or deviation from regular working hours desired
by an employee shall be cleared in advance through the employee’s
supervisor, and such absences shall be noted on the employee’s time
sheet.
11.2 Meals and Break Periods
11.2.1 These procedures do not apply to “exempt” employees. Human Resources
will determine what positions are exempt.
11.2.2 City requires employees to take a duty free meal break of at least one-half
(1/2) hour.
11.2.3 Rest Periods
11.2.3.1 Employees are entitled to a rest period (break) if they work over
three and a half hours in a day.
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11.2.3.2 These breaks must be given in the middle of each four-hour work
period as is practicable, and must be at least 10 minutes in length
and no more than 15 minutes in length. Employees are to remain
on City Hall Campus during such breaks.
11.2.4 Meal Break After Five (5) Hours
11.2.4.1 All employees must receive a 30 minute duty-free meal break if
they work in excess of five hours during a workday. During this
time, the employee must be relieved of all duties. Working lunches
are not permitted. While the law provides for a 30 minute lunch
break, it is the City’s policy that lunch breaks are 60 minutes in
length. With the concurrence of the employee’s supervisor, the 60
minute lunch hour may be reduced to 30 minutes; however, the
lunch break may not be less than 30 minutes.
11.2.4.2 If the workday is less than six hours, the employee can agree to
waive the time period in writing with Supervisor approval.
11.2.5 Nursing Mothers
11.2.5.1 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 Timekeeping
11.3.1 All employees must accurately record all hours worked and any leave taken
on their timesheets. Employees must submit their timesheets on a bi-
weekly basis to their supervisor. Employees must immediately report any
errors on a timesheet that has already been submitted to their supervisor.
11.4 Attendance
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11.4.1 Employees are expected to report to work as scheduled, on time, and
prepared to start work. Unauthorized tardiness and absences cause
disruptions in coverage of work assignments and City operations.
Employees are also expected to remain at work for their entire scheduled
shift, except when required to leave on authorized City business or some
other authorized leave. All departments shall keep daily attendance
records of employees, which shall be reported to the Finance Department
on the employee’s timesheet.
11.4.2 Employees who anticipate an absence from all or portion of their regular
work schedule and wish to request a form of accrued leave time or unpaid
leave time should follow the procedures provided in these Rules for the
particular type of leave that they are requesting.
11.4.3 When possible, employees who are unexpectedly unable to report to work
as scheduled, shall give 1-hour advanced notice when calling off work to
allow for planning of coverage, but no later than the employee’s start time
unless incapacitated and/or incapable. If the employee’s immediate
supervisor is not available, then the employee must notify the Department
Director or their designee. Employees must inform their supervisor of the
expected duration of any late arrival or absence. Employees who call later
than their scheduled start time for their assigned shift will be deemed to
have an unauthorized tardy or absence in violations of this attendance
policy. Abuse or misrepresentation of any form of accrued or unpaid leave
time will be grounds for discipline, up to and including termination.
11.4.4 Failure on the part of an employee who is absent without notification or
authorization to return to duty within twenty-four (24) hours after a notice
to return to duty has been delivered to their last known telephone
number/or address will constitute disciplinary action up to and including
termination. If, within 10 days of said notice, the employee can show good
cause for the failure to return to duty, the Human Resources Department,
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in their sole discretion may, after consultation with the Department
Director, reverse any disciplinary action.
11.5 Employee Performance Evaluation
11.5.1 A report of performance of each employee shall be made by the 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. Employees completing a six-month
probationary period should also be evaluated; however, their salary
evaluation date for purposes of eligibility for a merit salary increase shall
not change from their promotion effective date. Employees shall continue
to receive performance evaluations on their salary evaluation 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.
11.5.2 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 their
review of the evaluation, such refusal will be so noted by the evaluator on
the evaluation form.
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11.5.3 The employee will receive a copy of the performance evaluation, and the
original, along with any written comments submitted by the employee, will
be in the employee’s personnel file.
11.6 Employee Wellness Program
11.6.1 City shall develop an Employee Wellness Program, to be implemented no
later than January 31, 2020.
11.6.2 The program shall offer a minimum of: a.) Employee Wellness Day – 1 paid
day of leave (9 hours) available July 1st to be used during the fiscal year,
which cannot be carried forward to the next fiscal year; b.) Healthy
programs/classes available at City; and c.) Employee membership discount
to participating local fitness gyms/programs.
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
0-2 80 3.08
3-4 120 4.62
5 160 6.15
10+ 200 7.69
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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 their designee. Approvals will be
based upon workload, 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 their hourly
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 1st 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 30th of that year. Payment shall be made no later
than July 31st.
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
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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.
12.6 Holidays
Every full-time unit 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 Recognized Holidays
12.6.1.1 January 1 (New Year’s Day)
12.6.1.2 The third Monday in January (Martin Luther King)
12.6.1.3 The third Monday in February (President’s Day)
12.6.1.4 The last Monday in May (Memorial Day)
12.6.1.5 July 4th (Independence Day)
12.6.1.6 The first Monday in September (Labor Day)
12.6.1.7 November 11 (Veteran’s Day)
12.6.1.8 Thanksgiving Day
12.6.1.9 The Friday after Thanksgiving Day
12.6.1.10 December 24 (Christmas Eve)
12.6.1.11 December 25 (Christmas Day)
12.6.1.12 December 31 starting at noon (New Year’s Eve)
12.6.1.13 Floating Holiday (determined by employee)
12.6.1.14 Wellness Day (determined by employee)
12.6.2 Holiday Closures
12.6.2.1 If the holiday falls on a Saturday, the preceding Friday shall be
designated as the holiday. If the holiday falls on a Sunday, the
following Monday shall be designated as the holiday.
12.6.2.2 Non-public safety City facilities shall close from December 24th to
January 2nd each year of this agreement.
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12.6.2.2.1 If 12/24, 12/25, 12/31, or 1/1 fall on a Saturday or Sunday,
the designated closure days will be within a one-week
period from Monday to Friday (example: Saturday
12/24/2022 would normally designate a Friday 12/23
closure, but instead it will designate a Monday 12/26
closure).
12.6.2.2.2 Non-public safety facilities will close between December 26,
2022 and December 30, 2022 (re-open on Monday, January
2, 2023)
12.6.2.2.3 Non-public safety facilities will close between December 25,
2023 and January 1, 2024 (re-open on Tuesday, January 2,
2024)
12.6.3 Employees who are required to work during a holiday closure for safety
purposes shall receive the equivalent additional days of floating holiday
time.
12.6.4 If the holiday falls on an employee’s regularly scheduled day off, they shall
have the equivalent number of hours deposited into a holiday leave bank.
12.6.5 Any holiday bank balance at fiscal year-end shall be cashed out each June.
12.7 Floating Holiday and Wellness Day
Full-time unit employees shall receive one (1) floating holiday and one (1) wellness
day each fiscal year as granted by City Council and/or City Manager. The floating
holiday and wellness day must each be used on or before June 30th of each year.
Should employee not use the floating holiday or wellness day prior to June 30th
the City will not cash out or carry over to the following year. The use of floating
holiday and wellness day are subject to Department Director approval. In the
event of termination, employees will receive payment for unused floating holiday
up to nine (9) hours and payment for unused wellness day up to nine (9) hours.
12.8 Sick Leave
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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 absent due to 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
12.8.3.1 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 time. If the supervisor is not available,
the employee should contact the Human Resources Department to
report their 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.
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12.8.4 Proof of Illness
12.8.4.1 If the Department Director has questions about an employee’s
absence due to illness, they may request, at their 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.
12.8.6 Sick Leave Conversion Upon Retirement
12.8.6.1 At time of retirement from the City, a unit employee shall be
eligible to convert unused sick leave at their then rate of
compensation and have that amount deposited into a Retirement
Medical Trust at the following rates:
Years of Continuous Service Eligible Conversion
<10 Years N/A
10 Years Up to 25%
15 Years Up to 50%
20 Years Up to 75%
12.8.6.2 Employees with fewer than ten (10) years of City service shall not
be eligible for sick leave conversion into a Retirement Medical
Trust.
12.8.6.3 At time of retirement from the City, any remaining unused sick
leave after conversion into a Retirement Medical Trust shall be
converted into CalPERS service credit, pursuant to Section 9.16.4.4
of MOU and Government Code §20965.
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12.9 Jury Duty and Witness Leave
12.9.1 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
their sole discretion, may grant an extension of this leave period.
12.9.2 If summoned to jury duty or as a witness, employees should immediately
notify their supervisor.
12.9.3 The Jury 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.
12.10 Military Leave
12.10.1 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 their 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 their military orders to the Department Director. The
Department Director shall advise the Human Resources Department 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.
12.11 Bereavement Leave
12.11.1 A full-time unit employee shall be granted a leave without loss of pay in
case of death of a member of the employee’s immediate family or
extended family who reside in the same household. Up to three (3) days
without loss of pay shall be granted in the event the deceased resided in
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the State of California. If out of state travel is required, up to five (5) days
leave without loss of pay shall be granted. Up to three (3) days of sick leave
may be taken for extended family. 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.
12.11.2 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.
12.11.3 Extended family as used in this policy shall be defined as uncles, aunts,
nieces, and nephews.
12.12 Leave of Absence Without Pay
12.12.1 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.
12.12.1.1 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
their 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:
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12.12.1.2 Any history of excessive unauthorized absences or leave abuse;
12.12.1.3 Any detrimental effect on the operation of the
department/division; and
12.12.1.4 The reason for the leave of absence.
Examples of reasons that may be considered are:
12.12.2 Illness or disability;
12.12.3 To take a course of study that will increase the employee’s usefulness or
effectiveness to the City;
12.12.4 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.
12.12.5 Length of Leave And Extension
12.12.5.1 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.
12.12.6 Return from Leave
12.12.6.1 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
Department 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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12.12.6.2 Employees returning from a leave of absence without pay because
of illness or disability must first submit to Human Resources 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.
12.12.7 Adjustment to Accrual of Benefits
12.12.7.1 Sick leave, holiday, and vacation leave will not accrue during any
unpaid leave absence.
12.12.8 Adjustment to Date Of Performance Evaluation
12.12.8.1 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.
12.13 Administrative Leave
The City manager, in their 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, including the Personnel Rules & Regulations.
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 their 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,
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suspensions, demotions, reductions in pay and discharge. 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 Manager level or above.
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 Human
Resources, 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 the disciplinary meeting with the Hearing Officer results in a decision that
discipline is appropriate, the disciplinary action shall be immediately
implemented, with restitution/reinstatement if any, being made following
conclusion of the City Manager level appeal, 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 disciplinary 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
coworkers and/or the general public; and
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
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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.
14.3.2 The employee, whenever possible, shall attempt to resolve the grievance
informally with their 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.
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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 their signature;
14.4.1.5 The name of the representative, if any;
14.4.1.6 The date of submission.
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
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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.
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.
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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 Manager.
Both parties shall be given the opportunity to submit their arguments
before the City Manager with regard to the Arbitrator’s/Hearing Officer’s
“Findings of Facts,” prior to such approval. After weighing the Arbitrator’s
findings, the City Manager may then reaffirm, modify or revoke the
Arbitrator’s decision. The decision of the City Manager is final.
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.
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
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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 I, 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.
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
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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 as appropriate, 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.
14.8 Authority of Third Party
14.8.1 Each issue decided by a neutral third party shall stand on its own merits
and shall not be used as precedent by any other neutral third party in
deciding any issue before them.
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. REOPENER
15.1 Reopener
The parties agree to a limited reopener during the term of the MOU to discuss
results of the proposals solicited by the City for health benefits administration.
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ARTICLE 16. RATIFICATION AND IMPLEMENTATION
16.1 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 the
Association.
The City 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.
Dated this 17th day of August, 2022.
[Signatures on following page]
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CITY OF MENIFEE MENIFEE CITY EMPLOYEES’
ASSOCIATION, GENERAL UNIT
By: By:
Rochelle Clayton, Assistant City Manager Mary LaPlante, Representative
By: By:
Robert Cardenas, Human Resources /
Risk Manager
Bernice Rivera, CEA Representative
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Dated August 17, 2022