11/02/2021 - AGENDA ITEM 9 - CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATIONAGENDA ITEM NO. 9
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: November 2, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND THE CITY OF WEST COVINA MIDDLE MANAGEMENT
EMPLOYEES' ASSOCIATION
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It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2021-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE CITY OF WEST COVINA MIDDLE
MANAGEMENT EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES
ASSOCIATES (CEA)
FRIGN01101001113
Under California law, the Meyers-Milias-Brown Act (MMBA) of 1968 established collective bargaining for
California municipalities. Collective bargaining is the process by which workers, through their associations,
and employers negotiate contracts to determine terms of employment, including pay, benefits, hours, leave,
and job health & safety policies.
The Memorandum of Understanding between the City and the City of West Covina Middle Management
Employees' Association represented by City Employees Associates (CEA) expired on June 30, 2021. The City
and representatives for the West Covina Middle Management Employees' Association met and conferred on
six (6) occasions and have reached an agreement on a comprehensive Memorandum of Understanding.
1XIM9111Y.Y 304
The City and the West Covina Middle Management Employees' Association represented by City Employees
Associates have met and conferred in accordance with the Meyers-Milias-Brown Act and Government Code
3500 regarding terms and conditions of employment, including wages, benefits and hours. After having met
and conferred a total of six (6) sessions, the City and the Middle Management Employees' Association have
memorialized an agreement regarding wages, benefits, hours, and other terms and conditions of employment
in a Memorandum of Understanding (MOU) for the period of July 1, 2021 through June 30, 2024, which is
attached to this report as Attachment No. 2.
The following changes to the existing labor agreement are agreed upon to be incorporated into the successor
agreement and would become effective upon ratification of the MOU by the City Council. All other provisions
from the existing agreement are proposed to remain in the agreement without changes.
1. Term — 3 years (through June 30, 2024).
2. Salary Increase (Article 2- Salaries and Compensation) — Effective the first full pay period following
ratification of the MOU and not earlier, the base salary shall increase by 8%; effective the first full pay period
following July 1, 2022, the base salary shall increase by 3%; effective the first full pay period following July 1,
2023, the base salary shall increase by 3%.
3. Cost -Sharing (Article 2, Section V- PERS Retirement Benefits) — Effective the first full pay period
following ratification of the MOU and not earlier, both classic and new members shall pay an additional 1 % of
compensation earnable towards the employer contribution pursuant to cost sharing in accordance with
Government Code Section 20516(f); effective the first full pay period following July 1, 2022, both classic and
new members shall pay an additional 1 % of compensation earnable towards the employer contribution
pursuant to cost sharing in accordance with Government Code Section 20516(f); effective the first full pay
period following July 1, 2023, both classic and new members shall pay an additional 1% of compensation
earnable towards the employer contribution pursuant to cost sharing in accordance with Government Code
Section 20516(f). The City and the Middle Management Employees' Association agree that should the MOU
expire without a successor agreement in place, the cost sharing contribution as described above shall continue.
4. One-time Non-PERSable Pay — Within 45 days after ratification of the MOU, employees shall receive a
one-time non-PERSable pay of $3,000.00. Should a group other than a public safety group (Police or Fire)
receive a greater one-time non-PERSable pay during the term of the MOU, employees shall receive that same
level of one-time pay. The employees will receive the one-time payment on a check separate from their
paycheck.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, Director of Human Resources/Risk Management Department
Fiscal Impact
FISCAL IMPACT:
Objective 8 of the Financial Recovery Plan contemplates that the City will meet and confer regarding
negotiation of employee union agreements to review CPI, the City's ability to pay, and labor market
competitiveness on a total compensation basis. Under this agreement, the employees will contribute an
additional 3% of compensation towards pension.
Attachments
Attachment No. 1 - Resolution No. 2021-110
Attachment No. 2 - Exhibit A (Mid-Mgmt MOU)
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Financial Recovery Plan/Corrective Action
GOALS &
OBJECTIVES:
ATTACHMENT NO. 1
RESOLUTION NO. 2021-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE WEST COVINA MIDDLE MANAGEMENT
EMPLOYEES' ASSOCIATION REPRESENTED BY CITY
EMPLOYEES ASSOCIATES (CEA)
WHEREAS, the City of West Covina, hereinafter referred to as the "City," and the
West Covina Middle Management Employees' Association represented by City
Employees Associates, have met and conferred in accordance with the Meyers-Milias-
Brown Act and Government Code § 3500; and
WHEREAS, the meet and confer process is a process that can result in an
agreement between employees, through their associations, and the City regarding terms
and conditions of employment, including wages, benefits and hours; and
WHEREAS, the City and the West Covina Middle Management Employees'
Association represented by City Employees Associates have memorialized their
agreement regarding wages, benefits, hours and other terms and conditions of
employment in a Memorandum of Understanding for the period of July 1, 2021 through
June 30, 2024, which is attached hereto as Exhibit "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the West
Covina Middle Management Employees' Association represented by City Employees
Associates, attached hereto as Exhibit "A," is hereby approved.
SECTION 2. The City Manager is authorized to sign the Memorandum of
Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective
immediately.
APPROVED AND ADOPTED this 2nd day of November, 2021.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM
ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2021-110 was duly adopted
by the City Council of the City of West Covina, California, at a regular meeting thereof
held on the 2nd day of November 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
MEMORANDUM OF UNDERSTANDING
ATTACHMENT NO. 2 - Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA
CITY OF WEST COVINA
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JULY 19 2021 THROUGH JUNE 309 2024
9841951.1 WE20-065
ARTICLE ONE
RIGHTS AND RESPONSIBILITIES
I. PARTIES TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (herein referred to as MOU or Agreement
interchangeably) has been prepared pursuant to the terms of the City of West Covina
Municipal Code, Employee Organizations, Art. V, Sec. 2-205 through 2-228, and the West
Covina Personnel Rules, as amended, which is hereby incorporated by reference. This
Agreement has been executed by representatives of the City of West Covina (hereinafter
referred to as "City") on behalf of the City; and Representatives of the West Covina Mid -
Management Employees Association, (hereinafter referred to as "Association"),
representing the Mid -Management Unit Employees; and pursuant to Government Code
3500, as amended, et seq., and hereby satisfies the City's duty to meet and confer with
the Association during the life of this agreement.
II. GENDER
The terms "they" and "their" may be used in this agreement as substitutes for the terms
"his", "hers", "his/her", "he", "she", or other terms which would indicate masculine or
feminine gender.
III. RECOGNITION
A. WCMMEA Recognized Employee Organization — Mid -Management Unit
Employees
Pursuant to the previsions of the City of West Covina Municipal Code, Employee
Organization, Article V Section 2-205 through 2-228, and the City of West Covina
Personnel Rules, as amended, the City recognizes the representatives of the
WCMMEA as the exclusive recognized employee organization on behalf of all full-
time salaried Mid -Management Unit employees of the City of West Covina.
B. Exclusions
Those classifications and positions excluded include employees designated as
management, general, public safety, or hourly.
C. Classifications Recognized
Specific classifications recognized by the City of West Covina being represented
by the West Covina Mid -Management Employees Association listed in Appendix
"A" of this agreement.
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IV. ASSOCIATION AND EMPLOYEE RIGHTS AND RESPONSIBILITIES
A. Association and Employee Rights
The City and the Association shall comply with the provisions of Government Code
3500, as amended, or any subsequent State law governing meet and confer rights
of employee organizations. The parties further agree that during the term of this
Memorandum of Understanding, each party shall retain those rights respectively
vested by local, state and federal law, which cannot otherwise be waived by this
Agreement.
B. Payroll Deduction
The City shall, during the term of this Agreement, and in a manner consistent with
applicable law, deduct monies for membership dues on a semi-monthly basis (over
24 pay periods) from unit employees whose classification and position are
recognized to be represented by the Association and who voluntarily authorize the
deduction in writing, or on folios approved by the City.
C. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any
and all claims, demands, suits, or other forms of liability (monetary or otherwise)
and for all damages and legal costs that shall arise out of or by reason of action
taken or not taken by the City in complying with the provisions of this Article. If an
improper deduction is made, the Association shall refund directly to the employee
any such amount.
D. Association Benefit Plans - Dues
The City will allow employees to add an amount of money, to pay for Association
sponsored benefits plans, to the lump sum semi-monthly (24 pay periods)
deduction for Association dues.
E. Association Representation Responsibilities
The Association agrees and shall assume its responsibilities as recognized
designated representative to represent all unit employees without discrimination,
interference, restraint, or coercion, and to comply with exclusive representation
responsibilities as set forth in the City of West Covina Municipal Code, Employee
Organizations, Art. V, Sec. 2-205 through 2-228, and Personnel Rules, as
amended.
F. Association Release Time — Time Off For Meeting and Conferring
The City and Association recognize that it is of benefit both to the City and
Association that representatives designated by the Association to serve as
the Association negotiating committee be granted leave from duty with full
pay during scheduled working hours to participate in meet and confer
sessions as requested by the City.
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2. The Association negotiating committee shall be allowed release time as
approved by management in order to prepare for meet and confer sessions
required for subsequent new Memorandums of Understanding.
3. Individual negotiating committee members shall give management as
much advance notice as possible about the dates, times, and duration of
the requested release time.
4. Unless otherwise agreed to by both parties, the negotiating teams for the
Association shall not exceed three (3) members each.
5. Full pay, as stated, shall mean the employee's current base salary, fringe
benefits, and any assigned merit pay.
6. Each party shall provide the other a list of representatives at least two
weeks prior to the date set for meeting and conferring unless both parties
agree such notice is impractical.
G. Release Time -Grievances
Representatives of the Associations shall be granted reasonable release time from
their assigned work as approved by management to provide representation
services such as grievance matters.
H. Bulletin Boards
1. The City may pen -nit the Association to use certain designated bulletin
boards approved by management located at City facilities to post
Association related information including reasonable use of e-mail or fax.
2. The Association agrees to continually self -monitor all information posted
on bulletin boards to ensure they are maintained in an orderly manner. All
materials posted should be dated and maintained in an orderly manner.
3. No item(s) that can reasonably be interpreted as inflammatory, libelous,
obscene, or slanderous may be posted on bulletin boards.
V. MANAGEMENT RIGHTS AND RESPONSIBILITIES
A. Management Rights
The City continues to reserve, retain, and is vested with, solely and exclusively, all
rights of management, regardless of the frequency of use, which have not been
expressly abridged by specific provisions of the Memorandum of Understanding or
by law, to manage the City for the citizens of West Covina, as such rights existed
prior to the execution of the Memorandum of Understanding. The City continues
to reserve and retain solely and exclusively all rights of management, including
those City rights set forth in the City of West Covina Municipal Code, Employee
Organizations, Art. V, Sec. 2-205-216, and Personnel Rules, as amended, and
including but not limited to the following rights:
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1. To manage the City and to determine policies and procedures and the right
to manage the affairs of the City.
2. To take into consideration the existence or non-existence of facts which
are the basis of the management decision.
3. To determine the necessity, organization, and implementation and
termination of any service or activity conducted by the City or other
governmental jurisdictions, and to expand or diminish services.
4. To determine nature, manner, means, type, time, quantity, quality,
technology, standards, level, and extent of services to be provided to the
public.
5. To determine methods of financing.
6. To determine quality, quantity, and types of equipment or technology to be
used.
7. To determine and/or change the facilities, methods, technology, equipment
and apparatus, means, operations to be performed, organizational
structure, size, and composition of the work force and allocate and assign
work by which the City operations and services are to be conducted.
8. To plan, determine, and manage City budget which includes, but is not
limited to, changes in the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City
functions, including the right to contract for or subcontract any work or
operation of the City.
9. To assign work to and schedule employees in accordance with
requirements as determined by the City as to work hours and changes to
work hours, schedules, including call back, standby, and overtime, and
assignments except as otherwise listed by this agreement.
10. To lay off employees of the City from duties because of lack of work or
funds, or under conditions where continued work would be ineffective or
non -productive or not cost effective as determined by the City.
11. To establish and modify goals and objectives related to productivity and
performance programs and standards, including, but not limited to, quality
and quantity, and require compliance thereto.
12. To direct, supervise, recruit, select, hire, evaluate, promote, transfer,
discipline, discharge, terminate, suspend, demote, reprimand, reduce or
withhold salary increases and benefits, and otherwise discipline employees
for cause.
13. To determine qualifications, skills, abilities, knowledge, selection
procedures and standards, job classifications, and to reallocate and
reclassify employees.
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14. To hire, transfer intra- or inter -division, promote, reduce in rank, demote,
reallocate, and terminate employees and take other personnel action for
non -disciplinary reasons in accordance with this Agreement and Personnel
Rules.
15. To determine policies, procedures, and standards for selection, training,
and promotion of employees.
16. To establish employee performance standards, including quality, and
quantity standards, and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
18. To establish, implement, and/or modify rules and regulations, policies and
procedures related to productivity, performance, efficiency, standards of
ethics, conduct, safety, health, and order in the City and to require
compliance therewith.
19. To restrict the activity of an employee organization on City property and
facilities and on City time except as set forth in this agreement.
20. To determine the issues of public policy and the overall goals and
objectives of the City's divisions and to take necessary action to achieve
the goals and objectives of the City's Departments.
21. To require the performance of other services not specifically stated herein
in the event of emergency or disaster as deemed necessary by the City.
22. To take any and all necessary steps and action to carry out the service
requirements and to determine the issues of public policy and the overall
mission of the City and the mission of the Agency in emergencies or any
other time deemed necessary by the City not specified above.
B. Authority of Third Party Neutral
All management rights, powers, authority, and functions, whether heretofore or
hereinafter exercised, shall remain vested exclusively with City. No third party
neutral shall have the authority to diminish any of the management rights which
are included in this Agreement.
C. Impact of Management Rights
The City agrees to meet with the Association, except in emergencies as defined
elsewhere in this Agreement, over the exercise of a management right which
significantly and directly impacts upon the wages, hours, and terms and conditions
of employment of unit employees, unless remedies for the impact consequences
of the exercise of a management right upon unit employees are provided for in this
Agreement, Personnel Rules, Administrative Policies, or Departmental Rules.
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VI.
In addition to all no strike/job action provisions and penalties in the West Covina Municipal
Code or Personnel Rules, the following provisions shall apply.
A. Prohibited Conduct
The Association, its officers, agents, representatives, and/or members when on
duty, agree they will not call, cause, engage, or condone any strike, walkout, sit
down, work stoppage, slowdown, sickout, blue flu, pretended illness, or engage or
honor any other form of types of job action by unit employees or by any other
employees of the City or employees of any other employer by withholding or ref-
using to perform services or honor any type or form of picket line of any union or
employee organization.
B. Employee Termination
Any employee who participates in any conduct prohibited in Section A above shall
be considered on an unauthorized absence and shall be subject to discharge or
other disciplinary action by the City, regardless of whether the Association carries
out in good faith its responsibilities set forth below.
C. Association Responsibilities
In the event that the Association, its officers, agents, representatives,
and/or members engage in any of the conduct prohibited in A, Prohibited
Conduct, above, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this
Memorandum of Understanding and unlawful, and they must immediately
cease engaging in conduct prohibited in A, Prohibited Conduct, above, and
return to work.
2. If the Association performs all of the responsibilities in good faith set forth
in CU) above, its officers, agents, and representatives shall not be liable
for damages for prohibited conduct performed by employees who are
covered by this Agreement in violation of A, Prohibited Conduct, above.
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ARTICLE TWO
SALARIES AND COMPENSATION
SALARY SCHEDULE
Effective the first full pay period following ratification of the MOU and not earlier, the base
salary shall increase by 8%; effective the first full pay period following July 1, 2022, the
base salary shall increase by 3%; effective the first full pay period following July 1, 2023,
the base salary shall increase by 3%.
One-time NonPERSable Pay — Within 45 days after ratification of the MOU, employees
shall receive a one-time non-PERSable pay of $3,000.00 (Three Thousand Dollars).
Should a group other than a public safety group (Police or Fire) receive a greater one-time
non-PERSable pay during the term of the MOU, employees shall receive that same level
of one-time pay. The employees will receive the one-time payment on a check separate
from their paycheck.
It. SALARIES ROUNDED OFF
All salaries shall be rounded to the nearest whole dollar.
III. SALARY ADMINISTRATION
A. Specific Information in Personnel Rules
Specific detailed information dealing with such subject as salary anniversary dates,
increases within the salary range, salary on appointments and other related types
of salary administration issues are set forth in the City Personnel Rules.
B. Effective Date of Step Increases and Extra Compensation
All step increases and extra compensation shall be made effective at the start of
the next regular pay period, except as otherwise approved by management.
C. Right to Raise Salaries, Other Compensation and Benefits
The City reserves the right to raise salaries, and other compensation, and benefits
during the term of this agreement. The City shall meet and consult with the
Association prior to implementing increased compensation and benefits.
D. Base Salary
Base salary shall mean only the assigned salary to any unit classification exclusive
of any other type of form of compensation.
E. Extra Pay/Compensation
Extra pay shall be defined as compensation above the unit employee's base salary
for special assignments, differentials, and bonuses.
F. Y-Rating
9941951.1 4VE020-065
1. When a personnel action, such as a demotion due to layoff, reclassification,
orjob rehabilitation results in the lowering of the incumbent unit employee's
salary range, the affected incumbent's salary may be "Y-rated" by the City.
2. "Y-rated" shall mean the maintenance of the incumbent employee's salary
rate at the level effective the day preceding the effective date of the
personnel action in lieu of placing the employee in a lower salary range.
3. The employee's base salary shall remain at the same level until the salary
range of the new classification equals or exceeds the Y-rated salary.
4. Those unit employees on a job rehabilitation shall be Y-rated upon written
agreement and mutual consent between the affected employee and the
City.
IV. Deferred Compensation
A. Mid -Management Unit Employees
The City shall contribute for each Mid -Management unit employee, one
hundred fifty dollars ($150.00) per month to a deferred compensation plan.
The employees may select the deferred compensation plan from a list of
plans provided by the City.
3. Employees may apply the City's contribution as they determine to be
applied to medical, dental or life insurance premiums.
V. Bilingual Allowance — Communication Supervisors
A. Eligibility
The department head shall designate certain eligible Communication
Supervisors to receive bilingual pay, who have been certified by the Human
Resources Department as possessing the skills necessary to communicate
effectively in English and a second language with the public in order to
conduct the business of the City.
2. No more than one unit employee within an office or crew will receive
bilingual pay, unless it is determined by the department head that such an
exception exists. An exception may occur within an office, wherein unit
employees take different lunches and or work flex -schedules.
3. Human Resources Department shall certify, through examination, that the
employee has a basic fundamental conversational skill level in the second
language.
9941951.1 4VE020-065
B. Compensation
Eligible employees assigned to Bilingual Allowance receive extra
compensation of one hundred dollars ($100.00) per month above their
base salary.
2. This extra pay compensation shall become effective the first pay period
following the receipt of the Bilingual certificate and approval by the Director
of Human Resources. This extra compensation shall terminate immediately
upon the day the assignment is revoked by the Department Head.
C. Limitations
Eligible languages will be those languages identified by the Los Angeles
County Registrar-Recorder/County Clerk for use in municipal elections
held in the City of West Covina or those languages designated by the City
Manager. Currently, these languages identified by the Los Angeles County
Registrar-Recorder/County Clerk for use in municipal elections held in the
City of West Covina are Chinese (Mandarin and Cantonese), Spanish,
Tagalog, and Vietnamese. Should the eligible languages change,
employees currently receiving bilingual pay for a language no longer
identified by the Los Angeles County Registrar-Recorder/County Clerk for
use in municipal elections, will continue to receive bilingual pay. However,
no additional employees will be paid for use of that language.
2. Only one (1) allowance will be paid to an employee regardless of the
number of certified languages.
VI. Acting Pay Assignment
A. Eligibility
1. Acting pay is intended to compensate those employees assigned to
perform a significant portion of a higher level position having a greater
degree of responsibility and independence and/or requiring a significantly
higher level of expertise.
2. An acting appointment may be made to a higher class or position occupied
by a person on temporary leave, disability, or if the position is vacant. Such
acting appointment made to a higher class or position occupied by a person
on a temporary leave or disability shall not exceed twelve (12) months,
unless extension is approved by the City Manager. An acting appointment
made to a vacant position during recruitment for a permanent employee to
fill the position shall no exceed 960 hours in a fiscal year. (Government
Code section 20480.) Acting appointments shall be made from existing
promotional lists, if available.
3. Should no promotional eligibility list exist, acting appointments shall be
made in accordance with the provisional appointments section of the
Personnel Rules, except as approved by the City Manager. Upon the return
of the incumbent from leave or disability, the acting appointment shall be
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immediately terminated, and the appointee shall resume regular duties,
compensation and privileges as if he/she had continued his/her duties in
his/her regular classification.
B. Compensation
Employees
All Unit employees serving in an acting status, will be paid five percent (5%)
above their base salary immediately effective upon the City Manager's
approval, provided such acting appointments are made in writing by
Management with a copy to the Human Resources Department.
2. Limitations Appointments to Higher Level Positions
Acting appointments to higher level positions do not require the assignment
of another employee to cover the duties of the employee so assigned.
VII. Limitation on Assignments
Assignments to extra pay positions are temporary, not a separate classification and do not
have permanent status and are not subject to selection procedures, appeals, grievances
or seniority. Assignments are not a property right and create no due process rights.
Vill. PERS Retirement Benefits
The contract between the City and Public Employees' Retirement System (PERS) shall
provide the following benefits:
A. Unused Sick Leave
Unused accumulated sick leave may be converted to additional service credit at
the time of retirement pursuant to PERS Section 20862.8.
B. PERS RETIREMENT FORMULAS
Tier One "Classic" PERS Members — 2.5% at age 55 (West Covina Employees
Hired Prior to January 1, 2011)
Unit members classified as miscellaneous employees by PERS shall participate in
the 2.5% at age 55 PERS retirement benefit plan. The City shall pay 100% of the
PERS employer cost. Each employee shall pay the full employee cost of eight
percent (8%). Such contribution shall be made on a pre-tax basis.
Retirement benefits for Unit members classified as miscellaneous employees
under the 2.5% at age 55 formula shall be computed using the One -Year Final
Compensation Option.
Tier Two "Classic" PERS Members — 2% at age 60
Unit members classified as miscellaneous employees by PERS hired between
January 1, 2011, and January 1, 2013, or having reciprocity with another PERS
agency shall participate in the 2% at age 60 PERS retirement benefit plan. The
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City shall pay 100% of the PERS employer cost. Each employee shall pay the full
employee cost of seven percent (7%). Such contribution shall be made on a pre-
tax basis.
Retirement benefits for Unit members classified as miscellaneous employees
under the 2% at age 60 formula shall be computed using the One -Year Final
Compensation Option.
"New" PERS Members — 2% at age 62
All Unit members classified as "new members," as defined by the Public
Employees' Pension Reform Act of 2013, hired on or after January 1, 2013 shall
participate in the 2% at age 62 PERS retirement benefit plan, with their final
compensation based upon the average of their highest annual compensation
earned over a three (3) year period. New members will be required to pay the
appropriate share of their pension costs and other provisions, as required by the
Public Employees' Pension Reform Act of 2013, Contributions shall be made on a
pre-tax basis.
Cost -Sharing
Effective the first full pay period following ratification of the MOU and not earlier,
both classic and new members shall pay an additional 1% of compensation
earnable towards the employer contribution pursuant to cost sharing in accordance
with Government Code Section 20516(f); effective the first full pay period following
July 1, 2022, both classic and new members shall pay an additional 1% of
compensation earnable towards the employer contribution pursuant to cost
sharing in accordance with Government Code Section 20516(f); effective the first
full pay period following July 1, 2023, both classic and new members shall pay an
additional 1% of compensation earnable towards the employer contribution
pursuant to cost sharing in accordance with Government Code Section 20516(f).
The Parties agree that should the MOU expire without a successor agreement in
place, the cost sharing contribution as described above shall continue.
C. 4th Level Survivor Benefits
Fourth Level of 1959 Survivor Benefits PERS Section 21574 for employees
covered by this agreement.
D. Military Buy Back
Military service credit as public service credit under PERS section 21024.
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ARTICLE THREE
WORK WEEKS/SCHEDULES/OVERTIME/COMPENSATORY TIME
I. HOURS OF WORK POLICY
It is the policy of the City that the hours of work, as negotiated by unit employees or
determined by the City Council for non -represented employees, shall constitute a week's
work for all full-time employees, except that work days and work weeks of a different
number of hours may be established in order to meet the varying needs of the different
City departments.
II. WORK PERIODS
A. 7-Day Work Week
The work week for unit employees shall be a fixed and regularly recurring period
of 168 consecutive hours consisting of seven (7) consecutive 24-hour days.
B. Work Schedules — Unit Employees
It is understood that City Hall will remain open Monday through Thursday,
except for holidays, as set forth in this agreement.
2. The City Manager maintains the final authority to determine work schedules
as required.
C. 518 and 4/10 Work Schedules and Work Week
5/8 and 4/10 work schedule shall consist of a 7-day work week of forty (40) hours
that begins on Saturday at 12:00 a.m. and ends on Friday at 11:59 p.m., except
as modified by management.
D. 9/80 Work Schedule and Work Week
9/80 work schedule shall consist of a 7-day work period of 40 hours as follows:
Employees working a 9/80 work schedule will have a regular day off every other
week as determined by the City. For such employees working a 9/80 work
schedule, each employee's designated work week shall begin exactly four hours
after the start of his/her eight hour shift on the day of the week that corresponds to
the employee's alternating regular day off.
E. 7-Day Work Week— Fixed and Regularly Recurring
The work weeks shall be fixed and regularly recurring 7-day work weeks as set
forth in the aforementioned section.
III. TIME WORKED
A. Maximum Time Worked — 7-Day Work Period
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9941951.1 4VE020-065
The maximum time worked per each 7-day work period which is paid at the straight
time rate of pay shall be forty (40) hours inclusive of breaks and exclusive of time
not considered work time.
IV. CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from regular working hours desired by an employee
shall, in advance, be approved by management.
V. BREAKS — REST PERIODS
A. Two 15-Minute Breaks — Rest Periods
Number of Breaks
Unit employees may receive two break -rest periods for each scheduled
workday actually worked, and a break -rest period of 15 minutes for each
four consecutive hours of overtime worked as approved by management.
2. Non -accumulative
Rest periods are not accumulative and shall not be added to any meal
times, vacation, or any form of authorized absence from work, unless
authorized by management.
3. Not Used at Beginning and End of Workshift
These breaks may not be used at the beginning or the end of work shift
unless authorized by management.
B. Rest Period Procedure
1. Scheduled Not to Impair Service
Rest periods are scheduled or rescheduled by management as job
requirements dictate.
2. Length of Rest Period
The rest period shall consist of fifteen minutes cessation of work and will
include time involved in going to and coming from a rest area.
VI. OVERTIME - COMMUNICATIONS SUPERVISOR AND DEPUTY FIRE MARSHAL
A. Overtime Policy
It is the policy of the City of -West Covina to avoid the necessity for overtime work
whenever possible. However, when overtime is necessary for employees who are
eligible for overtime and not administrative leave and when approved by
management, payment will be paid or compensatory time accrued at time and one-
half for all hours worked in excess of the normal daily work shift. Vacation, sick
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9941951.1 4VE020-065
VII.
Vill.
leave, holidays, jury duty and compensatory time off shall be considered hours
worked.
B. Overtime Authorization
If in the judgment of management, work beyond the established work week
is required by his/her employees, such work, except in the case of
immediate emergency, shall be performed only with the prior authorization
of management.
2. In emergencies, where prior authorization cannot be issued, management
shall obtain approval for the overtime worked at the earliest opportunity
thereafter, in no case to exceed five (5) calendar days after the day in which
the overtime was worked.
3. An emergency shall be construed as an unforeseen combination of
circumstances which calls for immediate action, as determined by
management.
USE OF COMPENSATORY TIME —COMMUNICATIONS SUPERVISOR AND DEPUTY
FIRE MARSHAL ONLY
A. Approval
Upon the approval of his/her supervisor, an employee may elect to receive
compensatory time off in lieu of pay for overtime hours worked. Such
compensatory time off shall be credited to the employee's account on a time and
one-half basis; i.e., one and one-half hours for each overtime hour worked.
B. Once Comp Time is Approved No Repuest for Cash Payment
Once compensatory time off is selected and approved by management, the
employee may not request cash payment. Upon separation, an employee shall be
paid for accumulated compensatory time.
C. Use of Compensatory Time
Accumulated compensatory time may be utilized as paid leave on a straight time
hour for hour basis at the mutual convenience of management and employees
without such options being tied to sick leave usage. All compensatory time utilized
as paid leave by an employee shall be debited from their accrued compensatory
time bank.
TIME WORK INCREMENTS — COMMUNICATIONS SUPERVISOR AND DEPUTY
FIRE MARSHAL
A. Increments — Less Than One Hour
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9941951.1 WE020-065
All authorized time worked which is beyond the work shift schedule which
is less than one -hour increments shall be compensated in the following
manner:
Time
Time Worked
0 — 10 minutes
-0-
11 — 20 minutes
'/4 hour
21 — 30 minutes
'/z hour
31 — 50 minutes
'/4 hour
51 —60 minutes
1 hour
2. Incidental Overtime — Not Compensable
Incidental overtime is not compensable, and may not be credited as
overtime. Incidental overtime is defined as overtime of less than ten
minutes in any one day, which is non -recurrent in nature.
B. Increments Over One Hour
Any time work increments which are over one hour shall be compensated in the
same procedure as mentioned herein.
IX. OVERTIME "COMPENSATORY TIME" ACCUMULATED AND PAYMENT
- COMMUNICATIONS SUPERVISOR AND DEPUTY FIRE MARSHAL
A. Eligibility
In accordance with Section IX above, Communications Supervisors and Deputy
Fire Marshal may choose, in lieu of overtime payment, to have overtime hours
worked converted to a compensatory time bank.
1. Total Hours Comp Time — Communications Supervisor
Communications Supervisor maximum accumulation is set forth in Article
Five Section I. The maximum accumulation for Deputy Fire Marshal is one
hundred twenty (120) hours.
2. Compensatory Time at Termination
All accumulated compensatory time which has not been utilized prior to a
unit employee's employment termination from the City shall be paid off on
a straight time basis at the employee's rate of pay.
3. Compensatory Time - Change in Classification
Any eligible employee who changes classification and who has
accumulated any hours of compensatory time shall have all their
accumulated compensatory hours paid out at the hourly rate of pay of the
prior classification.
X. EMERGENCY OVERTIME REQUIREMENT
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9841951.1 WE020-065
The City reserves the right to require eligible employees to work overtime in an emergency
as determined by management.
XI. DEFINITIONS — Call Back, Stand -By, On -Call, and Court Stand -By "On -Call"
A. Call -Back
Call-back is unscheduled time worked, performed by an off duty unit
employee called back to work after they have completed their regular work
schedule and have left work or are on their day off.
2. Unit employees must physically return to the worksite in order to receive
call-back pay.
B. Stand-Bv
Stand-by is an assignment given to unit employees by management
requiring them to be accessible via phone, recall (pager) devices, or other
methods approved by management.
2. Unit employees on a stand-by assignment shall be required to return to
work as directed by management.
3. Unit employees required to serve on stand-by for a period of one week (7
calendar days) will be compensated with ten (10) hours of compensatory
time. Those employees on the stand-by schedule who serve less than
seven (7) calendar days will be compensated on a pro-rata basis at the rate
of 1.43 hours per day served. This compensatory time shall be used in the
same pay period during which it was earned, or at a future time as
determined by management.
4. The maximum amount of compensatory time that may be accumulated by
an employee shall be twenty (20) hours. Upon request, and showing of
extraordinary circumstances, the maximum accumulation may be
increased to thirty (30) hours with approval of the Department Head. There
is no ability to cash out this time.
C. Court Standby "On -Call"
Court stand-by "on -call' is when a unit employee is subpoenaed and placed on
stand-by "on -call" time on job related matters during their assigned off duty non -
work time.
XII. CALL-BACK COMPENSATION
Communications Supervisors and Deputy Fire Marshal Call -Back
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9941951.1 WE020-065
Communications Supervisors and Deputy Fire Marshal required to return to work while on
regularly scheduled time off, shall receive a minimum of two (2) hours pay at the rate of
time -and -one-half.
XIII. COMMUNICATIONS SUPERVISORS COURT STAND-BY
A. Compensation Per Occurrence
Communications Supervisors who are placed on stand-by by the courts shall be
paid forty dollars ($40) per occurrence provided such stand-by occurs outside of
the employee's regular assigned work shift.
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9841951.1 WE020-065
ARTICLE FOUR
FRINGE BENEFITS
FRINGE BENEFITS ADMINISTRATION PROVISION
A. Administration
The City reserves the right to select, administer, or fund any fringe benefits
programs involving insurance that now exist or may exist in the future.
B. Selection and funding
In the administration of fringe benefits programs involving insurance, the
City shall have the right to select any insurance carrier, self -insure, or other
method of providing coverage to fund the benefits provided, as long as the
benefits of the plan are substantially the same.
The City may choose to exercise its right to select the insurance carrier and
select Medicare as the City's Retirement Insurance Carrier for eligible unit
employees and retirees. In such case, the employees and retirees who are
eligible will be required to enroll in Medicare and continue to be eligible to
participate in other City medical plans.
C. Changes
The City shall meet with the Associations prior to any change of insurance carrier
or method funding coverage for any fringe benefits listed in this article.
II. CAFETERIA PLAN
City contributions for Medical, Dental, and Vision Insurance will be provided as set forth
below for all I hilt members.
To comply with the Public Employees' Hospital and Medical Care Act (PEMCHA), the City
will contribute the statutory minimum amount for medical insurance. In addition, the City
will contribute an additional amount for current Unit members into a cafeteria plan in
accordance with IRS Code Section 125. These additional amounts will be as follows:
A. Health Insurance
Any West Covina employee, hired before June 30, 2012, who does not
participate in the City's health insurance plan and can demonstrate that
he/she has health insurance coverage from another source will receive a
City contribution of six hundred dollars ($600) per month. This amount may
be received as cash, contributed to the employee's deferred compensation
plan or be used to purchase dental or vision insurance.
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9941951.1 4VE020-065
2. All employees hired on or after July 1, 2012, who do not participate in the
City's health insurance plan and can demonstrate that he/she has health
insurance coverage from another source will receive a City contribution of
three hundred dollars ($300). This amount may be received as cash,
contributed to the employee's deferred compensation plan or be used to
purchase dental or vision insurance.
3. An employee who selects an Employee Only medical plan will receive a
City contribution in an amount that when added to the PEMCHA statutory
minimum amount equals the monthly Los Angeles Region Kaiser
Employee Only medical premium or $600, whichever is greater.
4. An employee who selects an Employee plus One medical plan will receive
a City contribution in an amount that when added to the PEMCHA statutory
minimum amount equals the monthly Los Angeles Region Kaiser 2-party
medical premium.
5. An employee who selects an Employee plus Two or More (Family) medical
plan will receive a City contribution in an amount that when added to the
PEMCHA statutory minimum amount equals the monthly Los Angeles
Region Kaiser Family medical premium.
6. Should the monthly City contribution exceed the monthly medical premium
amount, any excess amount can be received as cash, contributed to the
employee's deferred compensation plan or be used to purchase dental or
vision insurance.
7. The City's contribution to medical premiums for all new unit employees
hired on or after July 1, 2018 shall be capped in accordance with the
following schedule:
Family: $1,250/month
2-Party: $950/month
Single: $550/month
B. Dental Insurance
In addition to the above amount for medical insurance, the cafeteria amount shall
also include up to $62.23 monthly for dental insurance for the member and eligible
dependents. If the dental insurance plan selected by the member is less than
$62.23, the cafeteria amount shall be the cost of the dental insurance plan
selected. If the dental insurance plan selected by the member is equal to or more
than $62.23 per month, the cafeteria amount shall be $62.23.
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9841951.1 4VE020-065
C. Vision Insurance
In addition to the above amounts for medical and dental insurance, the cafeteria
amount shall also include the employee and family monthly cost for vision
insurance.
III. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION
A. City Contribution Amount
Provided that employees represented by the Associations have participated in the
Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the
City, the City will contribute an amount equal to the PEMCHA statutory minimum)
towards the payment of premiums for retiree health insurance under the Program.
B. If City No Longer in PERS Health Plan
Should the City withdraw from the PERS Health Plan during the term of this
agreement, the City and Associations shall meet to determine what the monthly
contributions toward the new medical health plan would be and when it would be
effective.
IV. RETIREE DENTAL INSURANCE BENEFIT
Employees that retire directly from City employment, shall be able to participate in a City
Retiree Dental Insurance Plan based on retiree rates. This Plan shall include coverage for
the retiree and eligible family members. The City shall not contribute to the monthly
premium.
V. EMPLOYEE HEALTH BENEFITS COMMITTEE
A. New Health Benefit Plan — Meet and Confer
Should a new health benefit plan be selected by the City (medical and/or dental)
the City agrees to meet and confer over how the City's current medical and dental
insurance monthly premium contribution shall be applied to any new health benefit
plan.
VI. RETIREE HEALTH SAVINGS PLAN
"" The RHS Plan will be subject to regulatory and provider regulations "
A. Employee Contribution $25 per month minimum
B. Employer Contribution $100 per month
C. Employer Lump Sum RHS Contribution:
Employee must be a full-time West Covina City employee as of July 1, 2006
to qualify for this benefit
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9941951.1 4VE020-065
VII.
Vill.
2. Employee must take a service or disability retirement from the City of West
Covina to qualify for this benefit.
3. A lump sum RHS contribution to the Plan to be paid by the City at the time
of the qualifying employee's retirement (In the event of death prior to
retirement lump sum paid immediately to spouse/dependents from the
Plan.)
4. To obtain the lump sum benefit employee must retire from the City of West
Covina by July 1, 2017, or after the first pay period following the employee's
62th birthday, whichever comes first. Unit employees who are age 62 within
the first six months of the program shall have six months beyond their 62th
birthday to retire before losing any lump sum entitlement.
5. Employees working beyond the sunset provisions under section C4 above
will have their lump sum amount reduced by $900 each year after the 10-
year/age 62 provision until they retire.
6. AMOUNT OF BENEFIT
*Employee's Years of Service
As of 7/1107
5 — 9 years
More than 9 years —14 years
More than 14 years —19 years
More than 19 years
Amount of
Lump Sum Payment
$200 per year
$400 per year
$600 per year
$800 per year
(maximum benefit $25,000)
* Break in service cannot exceed one year to qualify for continuous full-time service
credit. Part-time hours do not count toward service credit.
SECTION 125 PLAN
A. The City has established a program consistent with Section 125 of the IRS Code,
which enables employees to voluntarily use pre-tax earnings for medical, dental,
vision, and dependent care expenses.
B. It is understood by the parties that participation in the Plan is voluntary for
employees and the City will not be obligated to contribute to pay any employee
costs who participate in the Plan.
LIFE INSURANCE
A. Term Policy - Mid -Management Unit Employees
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9941951.1 4VE020-065
The City shall provide all mid -management unit employees a term life insurance
policy in the amount of $100,000 while employed and a post -retirement death
benefit of $10,000.
IX. LONG TERM DISABILITY INSURANCE
A. Benefit
The City shall provide for all unit employees a long term disability insurance (LTD)
plan, which provides sixty percent (60%) of monthly earnings, to a maximum
benefit of $5,000 per month. Coverage becomes effective on the later of: 1) 180
days; or 2) the date your accumulated sick leave payments end, if applicable.
Coverage after 90 days may be purchased by the employee through payroll
deduction.
B. More Specific Information
More specific information is set forth in the City of West Covina's Group Long Term
Disability Plan booklet, available in the City's Risk Management Department.
X. UNIFORM ALLLOWANCE
XI.
Senior Code Enforcement Officers, Communications Supervisors, Deputy Fire Marshals
and the Communication Manager shall receive a Uniform Allowance of six hundred dollars
($600) per year. Such allowance shall be paid in the month of January of each year.
Unit employees who are required to wear uniforms or who are provided uniform allowance
must wear uniform on duty unless permission to do otherwise has been received from the
immediate supervisor. Employees who are on duty and do not comply with uniform
requirements shall be subject to disciplinary action.
XII. TUITION REIMBURSEMENT PROGRAM
A. Maximum Reimbursement — Mid -Management Employees
Mid -Management unit employees' maximum annual tuition reimbursement
(including books) shall be one thousand five hundred dollars ($1,500.00) per fiscal
year.
B. Administrative Policy
The specific details of the Tuition Reimbursement Program are set forth in
Administrative Policy approved on August 13, 1992, and as amended thereafter.
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9941951.1 4VE020-065
C. Reimburse City If Terminate Within Two Years— Mid -Management Employee
Any Mid -Management employee who received tuition reimbursement and
terminates (excluding layoffs) within two (2) years after receiving
reimbursement must pay back reimbursed monies to City at termination.
Mid -Management employee reimbursement shall be based on pro -rated
monthly basis over a 24-month period.
XIII. MILEAGE REIMBURSEMENT — PRIVATE VEHICLE
A. Using Private Vehicles for Approved City Business
The City shall pay mileage reimbursement for City employees using private
vehicles for authorized City business approved by management.
B. Mileage Reimbursement Rate
The mileage reimbursement rate shall be the rate set forth by the IRS.
C. Administrative Policy
The specific details of the mileage reimbursement policy is set forth in
Administrative Policy approved on February 8, 2003, and amended thereafter.
XIV. STATE DISABILITY INSURANCE
The City agrees to make available at the employee's expense, SDI as provided through
the State of California. This provision is new for FY 2014-2015 and will be implemented
within 30 days of passage by the City Council.
XV. MISUSE OF BENEFITS
Employees who fraudulently gain or fraudulently attempt to gain for themselves or others
by deception, omission, or fraud the benefits of the City's Workers' Compensation,
retirement, medical, dental, or other insurance policies or any other benefit to which they
would not otherwise be entitled shall be subject to: a) denial of requested benefits; and/or
b) disciplinary action up to and including termination.
23
9941951.1 4VE020-065
ARTICLE FIVE
LEAVE POLICIES
I. HOLIDAYS
A. Official Fixed Holidays
The City shall recognize the following days as official City fixed holidays.
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
2. Fixed Holidays — Full Shift Leave With Pa
Each fixed holiday granted to employees shall be a full shift of up to ten
(10) hours of time off with pay. Any additional time taken off above ten
hours per each fixed holiday must be deducted from the employee's other
leaves, such as vacation, floating holiday leave, or compensatory time.
3. City Hall and most City departments will be permanently closed from
Christmas Day through New Year's Day. The Christmas Day and New
Year's Day holidays will be part of this closure and thus have been removed
from the list of fixed holidays, with the exception of New Year's Day when
it falls on a Sunday. In this case New Year's Day will be observed on the
following Monday. Christmas Eve will only be recognized as a Holiday
when it falls on a Monday through Thursday in any given year.
4. Each year employees will receive a separate bank of holiday hours that
can only be used to cover their absence from work from December 25th
through January 1st. The amount of these separate holiday hours granted
to each employee will be based on the employee's normal work hours on
these days. The employee must be an active employee of the City of West
Covina on the above dates to receive these holiday hours.
5. Any employee required to work between December 25th and January 1st
on their normal work day(s) will receive compensatory time off or holiday
pay based on actual hours worked up to a maximum of forty (40) hours.
Communications Supervisors may earn up to sixty (60) hours of
compensatory time off or holiday pay based on actual hours worked.
6. Holiday in -lieu pay shall be limited to a maximum of twenty (20) hours per
fiscal year. Any holiday in -lieu time in excess of twenty (20) hours must be
taken as compensatory time off.
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9841951.1 4VE020-065
7. Should the City eliminate the above compensated holiday closure from
December 25th through January 1st, the following fixed holidays shall be
recognized.
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (unless Christmas falls on a Saturday, Sunday, or
Monday)
Christmas Day
8. Fixed Holidays — 10 Hours Leave With Pav
Each fixed holiday granted to employees shall be ten (10) hours of time off
with pay.
B. Communications Supervisors Working on Fixed Holidays
Communications Supervisors who work on a fixed holiday shall earn
holiday pay or compensatory time, on the basis of one (1) hour pay or one
(1) hour compensatory time for each hour worked up to a maximum of
twelve (12) hours for that holiday.
Such time shall be accounted for separately from overtime compensatory
time but shall be included in the maximum of one hundred eighty-four (184)
hours (fixed holiday leave time and compensation time combined) allowed
for all compensatory time.
C. Floating Holiday Leave (Previously Referred to as "Personal Leave")
In addition to the City's fixed holidays, Mid -Management employees shall
be eligible to use up to forty (40) hours of Floating Holiday leave per each
calendar year as approved by management.
Floating Holiday leave becomes usable January 1 of each calendar year
and must be used by December 31 of the same calendar year. The hourly
equivalent may not be paid in lieu of time off.
3. Floating Holiday leave may not be accumulated and carried over into the
next calendar year. Any unused floating holiday leave time remaining at the
end of each calendar year, if any, shall be null and void unless approved
by City Manager.
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9841951.1 4VE020-065
4. If an employee is unable to use Floating Holiday leave due to work urgency,
industrial injury, extended medical leave, special or pre -scheduled leave as
authorized by management, the City Manager can authorize to carry over
unused holiday leave balance for a period not to exceed six (6) months per
fiscal year.
D. Floating Holiday Leave
New employees are not eligible to receive and use floating holiday leave
until they have been continuously employed with the City for a period of
one (1) month.
2. New employees appointed after the beginning of the calendar year are
entitled to floating holiday leave at a rate of 1.54 hours per pay period of
full-time employment.
E. Floating Holiday Leave — Reinstated Employees
Reinstated employees shall receive floating holiday leave credit for all prior service
in the current year in ascertaining the number of hours usable and when they may
be used.
F. Floating Holiday Leave — Terminating Employees
Terminating employees who have not used all the floating holiday leave
that they are entitled to shall be paid off at the rate of 1.54 hours per pay
period of full time employment in the current calendar year.
2. If the terminating employees have taken more floating holiday leave time
than they are entitled to, the amount of time taken in excess shall be
deducted from vacation, sick leave pay-off, or salary when final payroll
checks are computed.
G. Limitations on Holiday Leave
Holiday leave shall not apply to any employee hired on a part-time, temporary,
extra help, hourly, or daily basis. A temporary employee, who is filling a full-time
position, during the absence of a regular employee on a military leave of absence
for military duty, shall be entitled to the same holidays as a regular employee.
H. Paid Status Eligibility
Employees are eligible to receive holiday leave with pay only if they are in a "paid
status" on the regularly scheduled workday or shift immediately preceding the
holiday and the regularly scheduled workday or shift immediately following the
holiday. 'Paid status" includes vacation, sick leave, compensatory time, and
injured on duty.
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9841951.1 4VE020-065
Observation of Friday and Sunday Holidays
For those employees whose normal workweek is Monday through
Thursday, when a holiday falls on a Sunday, the following Monday shall be
deemed to be the holiday in lieu of the day observed.
When a holiday falls on a Friday, the preceding Thursday shall be deemed
to be the holiday in lieu of the day observed.
J. Holidays Occurring on Regular Scheduled Day Off
For all other employees, when a holiday falls on a regularly scheduled day off, the
employee shall be entitled to up to ten (10) hours leave time for the holiday based
on the employee's regular work schedule. This time can be taken as either ten (10)
hours "holiday in lieu" leave time or pay, at straight time at the employee's hourly
rate of pay, at the discretion of the employee.
K. Holiday Scheduling
The City reserves the right to require employees to work on fixed holidays.
II. VACATION
A. Vacation Policy
It is the policy of the City that where possible employee vacations be taken annually
in the year earned. The time during the year at which an employee may take
vacation shall be determined by management, with due regard for the wishes of
the employee and particular regard for the service needs of the City.
B. Vacation Leave Earned and Accumulated
Eligible employees shall earn and accumulate to a maximum vacation leave as
follows:
Months of Service
Hours Accumulated
Per Pay Period
Hours Accumulated
Per Month
Maximum Accruals
1 —12*
3.08
6.67
240
13 —108
4.62
10.00
280
109 —120
4.92
10.67
288
121-132
5.23
11.33
296
133 — 144
5.54
12.00
304
145 — 156
5.85
12.67
312
157 +
6.15
13.33
320
* At completion of 12 months add 40 hours
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9941951.1 WE020-065
C. Limitation — Vacation Leave Accrual
Employees shall not be allowed to accrue vacation leave beyond the stated
maximums.
No employee shall lose earned vacation leave because of work urgency as
approved by management. Work urgency is defined as the department's
need to have the employee at work to perform duty assignments for a
specified period of time.
If an employee has reached the maximum allowed unused vacation leave
balance, and is unable to take vacation leave due to work urgency,
industrial injury, extended medical leave, special or pre -scheduled leave as
authorized by management, and is not eligible to cash out vacation leave
per the provisions of this Section, the Human Resources Director shall
approve a waiver of the maximum allowed unused balance for a period not
to exceed six (6) months per fiscal year.
D. Vacation Leave Accrual for Holidays
When a fixed holiday falls within a scheduled vacation period, absence on that day
shall be charged to holiday hours. An employee must be on paid status on the day
before and after the holiday to be compensated for the holiday.
E. Payment for Unused Vacation Leave Time at Termination
Any employee who is terminating his/her employment, shall be paid for accrued
vacation leave time as of the effective date of termination.
F. Payment for Unused Vacation
1. Eligibility
Upon request of the employee and the department head and with approval
of the City Manager, in order to address unusual or emergency conditions,
an employee may be paid the straight time daily equivalent of his/her salary
in lieu of vacation time off. Such payment shall be for no more than forty
(40) hours in any one calendar year, except as otherwise provided herein.
2. Mid -Management Unit Employees
Mid -Management Unit employees with less than five (5) years City
service, exempt or non-exempt, may receive payment in lieu of up
to eighty (80) hours of accumulated vacation time in any one fiscal
year upon filing a written request with the Finance Department five
days prior to requested date of issuance of the check, upon
approval of their department head.
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9841951.1 4VE020-065
b. Mid -Management Unit employees with five (5) or more years of City
service, exempt or non-exempt, may receive payment in lieu of up
to one hundred twenty 120 hours accumulated vacation time in any
one fiscal year upon filing a written request with the Finance
Department five (5) days prior to requested date of issuance of the
check, upon approval of their department head.
C. Employees must have a minimum of one hundred (160) hours of
accumulated vacation hours to buy back vacation leave.
Vacation buy back may only occur twice during any fiscal year.
G. Vacation Leave — Reinstated/Reemployed Employees
Any employee who is reinstated or reemployed under the provisions of these rules
shall accrue vacation at the same rate as prior to his/her termination.
H. Vacation Leave — New Employees
New employees — Upon completion of six (6) consecutive months of full-
time service, may be credited with one-half of the annual earnings and may
begin using such accrual. Thereafter, employees may use vacation as they
complete each month of service.
Each Mid -Management employee shall be granted an additional forty (40)
hours of vacation leave with pay, upon completion of one year of
employment, at the employee's first anniversary date. Additional vacation,
based on length of service, will accrue pursuant to these rules (see Article
Five, Section II-B chart.)
III. ADMINISTRATIVE LEAVE — MID -MANAGEMENT
A. Amount of Administrative Leave
Mid -Management Unit employees, except Communications Supervisors and
Deputy Fire Marshal, are eligible for a minimum of sixty (60) hours per year of
Administrative Leave, pro-rata, based upon date -of -hire or entrance into a mid -
management position effective January 1 of each year.
B. Additional Administrative Leave — Mid -Management Only
Additional Administrative Leave, based on the member's annual vacation earnings,
may be granted by the Department Head. Such additional leave shall be calculated
at the rate of up to twenty-five percent (25%) of the employee's annual earned
vacation rate as of January 1 of each year.
C. Communications Supervisors — In Lieu of Administrative Leave
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9941951.1 4VE020-065
In lieu of Administrative Leave, Communications Supervisors shall receive
overtime in accordance with the provisions of Article Three, Section V and
VI.
D. Administrative Leave Policy
Employees may submit a request to the City Manager to carry over a maximum of
forty (40) hours of unused Administrative Leave to the next calendar year; which
must be used within six (6) months. Approval of requests are sole discretion of the
City Manager.
IV. SICK LEAVE
A. Sick Leave Benefit
Sick leave is to be utilized by employees who are unable to work because of an
injury or illness not arising out of the course of their employment, except as
provided otherwise in this article.
B. Sick Leave Earned
Employees shall accrue ninety-six (96) hours of sick leave per calendar
year.
Following completion of thirty (30) calendar days of continuous frill -time
service, each City employee shall accrue 3.69 hours per pay period of sick
leave pay. Thereafter for each pay period of service in which the employee
has worked or has been paid for one-half (1/2) or more of the actual number
of working hours in a pay period, he/she shall continue to accrue hours of
credit for sick leave with pay.
3. Sick leave may be used by new employees following thirty (30) calendar
days of employment.
4. Unused sick leave may be accumulated without limit.
C. Reinstatement of Sick Leave
Any employee who is reinstated to full-time City employment shall be given
full credit for his/her unused accumulated sick leave at the time of
termination, provided, however, that no payoff for accumulated sick leave
was received upon termination.
Upon reemployment, an employee who has separated employment in good
standing will have sick leave time reinstated in amount accumulated at the
time of separation up to a maximum of 320 hours. In the event that through
the course of continued employment accumulated sick leave exceeds 320
hours, payoff for such excess accumulations shall be in accordance with
30
9941951.1 4VE020-065
the payoff provisions of the program, but in no case shall the aggregate of
such amount(s) exceed that provided by the policy.
D. Sick Leave Annual Payoff Program
The employee Sick Leave Annual Payoff Program shall be administered as
follows:
By November of each calendar year, the City will determine the amount of
unused sick leave for each regular employee.
Sick leave used by an employee during each calendar year will be charged
against the employee's current year earnings.
3. The maximum amount of sick leave hours eligible to be cashed each
calendar year at the employee's current hourly rate is sixty (60) hours.
4. Each employee must carry over to a sick leave "bank" a minimum of thirty-
six (36) current year unused hours in December.
5. If thirty-six (36) hours per calendar year of unused sick leave are not
available, the number of unused hours must be carried over to the sick
leave bank.
6. For employees with a minimum of seventy-six (76) hours of unused current
year sick leave accrual, all hours above seventy-six (76) to a maximum of
ninety-six hours of the current year's annual sick leave will automatically be
transferred to the employee's RHS account.
7. Employee may opt to receive cash payment for any hours of unused
current year sick leave accrual between thirty-six (36) and seventy-six (76)
hours or leave these hours in their sick leave bank.
8. To qualify for this program, employees shall not be allowed to charge sick
leave to other forms of paid leave.
E. Sick Leave Payoff Upon Termination
Mid -Management employees hired before July 1, 2018, upon termination of over
three years of full-time salaried City service, other than by discharge, shall be paid
for one third (1 /3) of all sick leave accrued to the time of such termination at current
compensation to a maximum of 400 hours and the remaining sick leave hours may
be converted to CalPERS service credit as pursuant to CalPERS regulations. For
those employees hired on or after July 1, 2018, such employees may covert
unused sick leave hours upon termination to CalPERS service credit as pursuant
to CalPERS regulations.
F. Use of Sick Leave
31
9841951.1 4VE020-065
1. Approval
Sick leave can only be granted upon the approval of management or
his/her designee in the case of bona fide illness or injury of the employee
or in the event of the care or attendance of serious illness or death of a
member of the employee's immediate family.
Employees may use sick leave for medical, dental, and vision care
appointments but are encouraged to schedule such appointments that are
non -emergency or routine on regular days off when possible. When using
sick leave for non -emergency medical, dental, and vision care
appointments employees will provide as much advanced notice as possible
to the supervisor and attempt to schedule the appointments at a time so as
to be the least disruptive to the work operations i.e. at the beginning or end
of the shift.
2. Physician's Certificate on Use of Sick Leave
Management may require evidence in the form of a physician's certificate,
or written statement, as to reason for any employee's absence of two (2)
or more consecutive working days for which sick leave was requested. A
failure to supply or provide said certificate or written statement shall be
grounds for denial of sick leave pay and the imposition of such disciplinary
action as may be deemed appropriate.
3. Physical Examination May be Required
Any employee absent from work, due to illness or accident, may be
required by management to submit to and successfully complete a physical
examination before returning to active duty. The physical examination will
be conducted by a physician of the City's choice, with all costs to be paid
by the City.
G. Use of Sick Leave — Care of Immediate Family
No more than forty-eight (48) hours of sick leave within any calendar year
may be granted to an employee for the care or attendance upon members
of his/her immediate family.
The phrase "immediate family," for the use of sick leave, is defined as
spouse, domestic partner, parent, grandparent, brother, sister, child,
stepchild, grandchild, and in-laws.
H. Temporary Disability
A City employee who is entitled to temporary disability indemnity under
Division 4, Part 2, Ch. 2 of the California Labor Code may elect to take that
number of days or portions of days of his/her accumulated sick leave, or
his/her accumulated vacation, as when added to his/her disability indemnity
will result in payment to him/her of his/her full salary.
32
9841951.1 4VE020-065
2. When his/her accumulated sick leave, or vacation, or both are exhausted,
he/she is still entitled to receive disability indemnity.
I. Sick Leave Limitations
No employee shall be entitled to sick leave with pay while absent from duty on
account of the following causes:
Sickness or disability sustained while on leave of absence, other than
regular vacation leave or sick leave.
2. Disability or illness arising from compensated employment other than with
the City of West Covina.
J. Sick Leave During Vacation
Sick leave shall not be used in lieu of or to extend vacation leave. However, an
employee who becomes seriously ill on an approved vacation may contact his/her
department head and request that sick leave be granted in lieu of vacation for the
period of illness. Management has discretion in approving or disapproving such
request.
K. Holiday During Sick Leave
Observed holidays occurring during sick leave shall not be deducted from
employee's sick leave time.
L. Use of Sick Leave to Offset Disability Retirement
No employee shall use sick leave days to offset the date of disability retirement.
The effective date of disability retirement shall be as soon as practicable alder the
City's physician has determined that the employee can no longer perform the
duties of his/her or an alternate position.
V. WORK RELATED DISABILITY LEAVE
A. Injury/Illness Arising Out Of and In The Course of Job Duties
Whenever employees of the City are disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of their duties, they
shall be entitled, regardless of their period of service with the City, to leave of
absence while so disabled, without loss of salary.
B. Temporary Disability Compensation
Temporary disability compensation, if any, being considered as and
credited to salary for this purpose — for the period of such disability, but
not exceeding one (1) year, or until such earlier date as they are determined
33
9941951.1 WE020-065
to be permanent and stationary and unable to return to their usual and
customary duties.
The leave of absence hereby granted shall be in addition to, and shall not
be charged to or deducted from, accumulated sick leave except as
provided here.
3. Such leave, however, shall not be paid for more than three (3) days unless
and until such employees are determined by the City to be legally entitled
to receive benefits under the Workers' Compensation Law of the State of
California based upon such injury or illness. When and while applicable,
this section shall supersede the provisions of the Grievance Procedure.
C. Salary Step Increases During Leave
Relative to unit employees, (1) promotion or step increases which would have
come due during a disability leave shall take effect upon the day the employee
returns to regular duties in accordance with existing rules; (2) holidays occurring
during disability shall not be counted as disability leave days, but shall be
considered as holidays for which time off has been utilized; and (3) vacation and
sick leave benefits shall continue to accrue during periods of industrial disability
leaves.
D. Review of Safety Committee
The first three (3) work days of absence of unit employees due to a disability shall
be charged to the employee's usable accumulation of sick leave or other time off
benefits; provided, however, that the Safety Committee or its sub -committee, upon
request of the employee, shall review the circumstances of the injury. If the
Safety Committee rules that the employee had no possible opportunity to prevent
or reduce the injury through any alternative action, disability time off charged to the
employee's time off benefits may be restored. Such restorations shall be limited to
causes where no danger could have been anticipated or precautions and actions
taken by the employee to prevent or reduce the injury. Appeal of Safety Committee
determinations provided for in this section shall be made to the City Manager,
whose decision shall be final.
VI. BEREAVEMENT LEAVE
Bereavement leave up to forty (40) hours per occurrence will be available to an employee
in the event of the death of said employee's immediate family member, which is defined
as a grandparent, parent, spouse, domestic partner, in-laws, child, stepchild, grandchild,
brother, or sister. If additional bereavement leave is necessary, sick leave may be used
as approved by the Department Head. Evidence of proof may be requested.
VII. MILITARY LEAVE
A. State Military and Veteran's Code
34
9941951.1 4VE020-065
Military leave with pay shall be granted in accordance with Section 395 of the State
Military and Veteran's Code.
B. Inactive Military Service
Any unit employee who is on inactive duty such as scheduled reserve drill
periods, and who has been in the service of the City for a period not less
than one year immediately prior to the day on which the absence begins
shall be entitled to receive his/her salary or compensation as such public
employee for the first thirty (30) calendar days of any such absence.
Pay for such purposes shall not exceed thirty (30) days in any one year of
City service. All service of said public employee in the recognized military
service shall be counted as City service.
3. The City may grant a military leave of absence without pay for an indefinite
period of time to any employee who is called into active military service
even though the employee does not meet the one (1) year of continuous
service requirements.
C. Active Military Service
Each full time officer or employee of the City who has been or is called to
active military service with the Armed Forces of the United States in
connection with the activation of the Military Reserves shall be entitled to
military leave with full pay for the period of absence on military service in
excess of the period covered by said Rule 10, Section 10.26.
The amount of pay each such employee shall be entitled to receive from
the City for said additional period of military leave shall be the difference
between the gross pay and allowances actually received by the officer or
employee from the Unites States for such service and the gross wages that
said employee would have received from the City Of West Covina if he or
she had not been called to active military duty, subject to all necessary and
appropriate deductions and withholdings.
3. The City shall also provide continued health and dental benefits to the
employees' dependents, provided that the dependents were covered for
those benefits prior to the employee being called to active duty. Further,
contributions to deferred compensation from the Cafeteria Plan shall not
be made during the time of activation.
4. The City shall not pay any wage or benefit provided for in this resolution
until and unless the officer or employee who requests such payment
provides satisfactory proof and documentation of eligibility to receive
payment in accordance with procedures established by the City Manager.
Vill. JURY DUTY
35
9941951.1 4VE020-065
A. Jury Duty Policy
No deductions shall be made from the salary of an employee while on jury duty if
he/she has waived or remitted to the City the fee for jury duty paid for hours the
employee is scheduled to work. If he/she has not so waived or remitted the jury
fee, he/she shall be paid only for the time actually worked in his/her regular
position. An employee accepted for jury duty shall immediately notify management
in writing whether or not he/she waives or remits his/her jury fee to the City.
B. Jury Fees Returned to the City
The City will grant an employee required to serve on jury duty, or to report for
examination to serve on jury duty, up to a maximum of one hundred sixty (160)
hours paid leave for such purposes during any three (3) consecutive years of
employment. All fees received by the employee forjury duty, exclusive of mileage,
shall be remitted to the City. City Administrative procedures will govern further
details of this program.
IX. FAMILY CARE LEAVE
A. Birth or Adoption
Leaves due to pregnancy or subsequent to the birth or adoption of a child for
parental care purposes, will be granted for a reasonable period of time by the City
Manager, provided such period, including paid leave and leave without pay, shall
not exceed four months. Such leave shall not be conditioned on whether the
employee is medically disabled but must be directly associated with the birth or
adoption of a child.
B. Family Illness
Leaves due to serious health condition of a covered family member as defined
under applicable California and federal law of an employee may be granted for a
reasonable period of time by the City Manager, provided such period including paid
and unpaid leave, shall not exceed twelve (12) weeks in any twelve (12) month
period. Only those employees with at least one year of continuous City
employment shall be eligible. Certification from a health care provider that the
employee's leave is necessary and the prospective length of such leave may be
required upon request. Family care leave shall be administered in a manner
consistent with Sections 12945, 12945.2 and 19702.3 of the California
Government Code. California law shall prevail unless preempted by federal law.
C. Use of Paid Leave
Paid benefit time such as vacation, personal leave days, compensatory
time and administrative leave may be taken during any family leave period
so long as the total time off does not exceed twelve (12) weeks. Such leave
must be used prior to an employee taking leave without pay except during
the disability period of a female employee which is in conjunction with the
36
9941951.1 WE020-065
birth of a child. Sick leave may only be used during the disability period or
as provided under Personnel Rules. All employees on family care leave are
entitled to return to the same or comparable position.
More specific details on the Family Medical Leave Policy is set forth in the
City's Administrative Policy on the subject (dated 1/3/94 & 4/6/94) and as
amended thereafter and City Personnel Rules.
X. SPECIAL LEAVE OF ABSENCE WITH PAY
When an employee has exhausted all sick leave and vacation time to which he/she is
entitled, the City Council may, upon showing of good cause and justifiable and deserving
circumstances, grant to such employee a leave of absence with pay for a period not
exceeding six (6) months and subject to such conditions as the City Council may deem
advisable. If the special leave of absence request is in relation to an employee's disability
accommodation, then the leave shall be determined through the interactive process on a
case -by -case basis. If temporary disability payments are paid to such employee during
any such leave of absence with pay, they shall be credited to and considered a part of
his/her salary, and the City shall pay only the difference which when added thereto would
equal his/her full salary.
XI. LEAVES OF ABSENCE WITHOUT PAY
A. Unauthorized Absence — Automatic Termination
Any employee absent from his/her job for more than two (2) working days
without prior permission of the department head, shall be considered to have
automatically terminated his/her employment with the City, unless such leave is
extended as approved by management for mitigating circumstances.
B. Unauthorized Absence — Other Disciplinary Action
Any unauthorized absence may be cause for disciplinary action.
C. Authorized Absence
Upon the request of the employee and the recommendation of the
appointing authority, a leave of absence without pay may be granted by the
Council or City Manager to an employee, who immediately preceding the
effective date of such leave, shall have completed at least one (1) year of
continuous service.
An employee shall not be entitled to a leave of absence as a matter of right,
but only upon good and sufficient reason.
37
9941951.1 4VE020-065
3. If the leave without pay request is in relation to a disability accommodation,
then the leave will be determined through the interactive process on a case -
by -case basis without the aforementioned restrictions.
D. Leave of Absence Without Pav — Duration
Request for leave of absence without pay shall be made as prescribed by
the Human Resources Director, and shall state specifically the reasons for
the request, the date when leave is desired to begin, and the probable date
of return to work.
The Human Resources Director may approve the request of leave of
absence without pay, of one hundred twenty (120) calendar days or less
upon the recommendation of Department Head.
3. The City Manager may approve, upon recommendation of the Department
Head, requests of more than one hundred twenty (120) calendar days, not
to exceed one (1) full year.
4. The City Manager may later, due to mitigating circumstances, extend such
leave of absence without pay for one (1) additional full year with the
approval of the Department Head.
5. A physician statement shall be required of any employee who requests
leave of absence without pay as a result of medical conditions.
6. If the leave without pay request is in relation to a disability accommodation,
then the leave will be determined through the interactive process on a case -
by -case basis without the aforementioned restrictions.
E. Leave of Absence — Employee Injured on Job
The City Council may grant a leave of absence without pay for an indefinite period
of time to any employee who is injured on the job, or has a serious illness even
though the employee does not meet the one-year of continuous service
requirements.
F. Accrual of Benefits
Leave of absence without pay granted by the City shall not be construed as a break
in service of employment, and rights accrued at the time leave is granted shall be
retained by the employee; however, vacation credits, sick leave credits, increases
in salary and other similar benefits shall not accrue to a person granted such leave
during the period of absence. An employee reinstated after leave of absence
without pay shall receive the same step in the salary range he/she received when
he/she began his/her leave of absence. Time spent on such leave without pay shall
not count toward service for increases within the salary range, and the employee's
38
9841951.1 4VE020-065
salary anniversary date shall be set forward one month for each thirty (30)
consecutive leave days taken.
MI. FAILURE TO RETURN FROM LEAVE
A. Failure of the employee to return to his/her employment upon the termination of
any authorized leave of absence shall constitute an automatic termination from
City service of that employee, unless such leave is extended as approved by
management for mitigating circumstances.
B. The City reserves the right to revoke or cancel any authorized leave for reasons,
which the City finds to be sufficient.
39
9941951.1 WE020-065
ARTICLE SIX
GENERAL PROVISIONS
WAIVER PROVISION ON BARGAINING DURING TERM AGREEMENT
Except as specifically provided for in this Agreement or by mutual agreement in writing
during the terms of this Agreement, the Association hereby agrees not to seek to negotiate
or bargain with respect to any matters pertaining to rates, wages, hours, and terms and
conditions of employment covered by this Memorandum of Understanding.
During the term of this Agreement, the parties agree to meet and confer regarding updates
to various policies and rules when requested by the City.
II. EMERGENCY WAIVER PROVISIONS
In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national or local emergency, or similar circumstances as
determined by management, the provisions of this Memorandum of Understanding which
restrict the City's ability to respond to these emergencies shall be suspended for the
duration of such emergency. After the emergency is over, the Association shall have the
right to meet with the City regarding the impact on employees of the suspension of these
provisions in this Memorandum of Understanding.
III. SEVERABILITY PROVISION
A. MOU Remains in Full Force and Effect
Should any article, section, subsection, subdivision, sentence, clause, phrase or
provision of this Memorandum of Understanding be found in conflict or inconsistent
with such applicable provisions of Federal or State law or otherwise held to be
invalid, unenforceable, inoperative, void, or invalid by a court of competent
jurisdiction, all other provisions of this Memorandum of Understanding shall remain
in full force and effect for the duration of this Memorandum of Understanding.
B. Successor Provision
In the event any provision shall have been found to be inoperative, void or invalid
as aforementioned, the City and the Association shall, upon the request of either
party, meet and confer in an effort to agree upon a successor provision.
IV. PROVISIONS OF MEMORANDUM
A. Sole and Entire Memorandum of Understanding
It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and Memorandums of
Understanding, oral or written, expressed or implied, between the parties, and shall
govern their entire relationship of any and all rights or claims which may be
40
9841951.1 WE020-065
asserted hereunder or otherwise. This Memorandum of Understanding is not
intended to cover any matters preempted by Federal or State law.
The Parties reached agreement on a consolidated MOU to include all mutually
agreed side letters signed between 2016 and 2020 with the intention of maintaining
the existing terms and conditions of employment contained in the July 1st 2014 to
June 30, 2015 MOU except as modified by said side letters and this MOU. Unless
the Parties agreed otherwise in this MOU, if the terms and conditions contained in
the consolidated MOU differ from those established in one or more of the side
letters or in the July 1, 2014 to June 30, 2015 MOU, the terms of the former will
prevail and the Parties will meet to correct the issue in the consolidated MOU. This
paragraph is intended only to cover the initial term of the consolidated MOU and
will become ineffective on June 30, 2024.
B. Personnel and Departmental Rules
It is understood and agreed that there exist within the City, in written form,
Personnel and Departmental Rules.
2. Except as specifically modified by this Memorandum of Understanding
(MOU) these rules and regulations and any subsequent amendments
thereby, shall be in full force and effect.
3. Before any new or subsequent amendments to these Personnel and/or
departmental rules and regulations which directly affect wages, or
significantly alter hours, and terms and conditions of employment are
implemented, the City shall meet with the Association regarding such
changes.
4. Nothing provided herein shall prevent the City from implementing such
rules and regulations provided it has met with the Association as required.
V. AMENDMENTS TO MEMORANDUM OF UNDERSTANDING
The provisions of this Memorandum of Understanding can be amended, supplemented,
rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by
the designated representatives of the City and the Association.
VI. NOTICE OF FUTURE MEET AND CONFER
The City of West Covina and the Association shall endeavor to meet and confer five (5)
months prior to the expiration of the current MOU.
VII. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
41
9941951.1 4VE020-065
The City and Association acknowledge that this Memorandum of Understanding
shall not be in full force and effect until ratified by those Association members
voting who are in classifications requested by each Association set forth in this
Agreement and adopted in the form of a resolution by the City Council.
B. Mutual Recommendation
This Agreement constitutes a mutual recommendation by the parties hereto, to the
City Council, that one or more ordinances and/or resolutions be adopted accepting
its provisions and effecting the changes enumerated herein relating to wages,
hours, fringe benefits, and other terms and conditions of employment for unit
employees represented by each Association.
C. Ratification
Subject to the foregoing, this Memorandum of Understanding is hereby ratified by
the authorized representatives of the City and the Association and entered into on
November—, 2021.
D. Term of Memorandum of Understanding
The term of this Memorandum of Understanding shall be for a period of three (3)
years, commencing on July 1, 2021, and terminating after June 30, 2024.
42
9841951.1 WE020-065
PARTIES TO THE AGREEMENT
Mid -Management Employees
Association
City of West Covina
Kelly WDonald, President David Carmany, City Manager
Mid -Management Emplgyees Association
Mike Cresap °Vice -President
Mid -Management Employees Association
43
9841951.1 WE020-065
::: � � W ti�
Helen Tran, Director of Human Resources /
Risk Management
APPENDIX "A"
CITY OF WEST COVINA MID -MANAGEMENT EMPLOYEE UNIT
The following are those classifications that have been recognized by the City to be assigned to
the Mid -Management Unit:
JOB TITLES/CLASSIFICATIONS
Accounting Manager
Assistant Finance Director
Assistant to the City Manager
Code Enforcement Manager
Code Enforcement Supervisor
Communications Manager *
Communications Supervisor
Community Services Manager
Deputy Fire Marshal *
Economic Development/Housing Manager
Economic Development Project Coordinator
Fire Marshall
Human Resources Analyst I, II
Human Resources Manager
Information Technology Analyst I, II
Information Technology Manager
Management Analyst I, II
Park Maintenance Supervisor
Planning Manager
Police Administrative Services Manager
Police Records Supervisor
Principal Planner
Public Services Manager
Public Services Superintendent
Purchasing Manager
Recreation Services Supervisor
Recreation Superintendent
Senior Citizens Services Supervisor
Senior Planner
Street Maintenance Supervisor
* Communications Managers, Communications Supervisors, and the Deputy Fire Marshal receive
overtime pay and do not qualify for Administrative Leave benefits.
44
9841951.1 WE020-065
Appendix "B"
MIDDLE MANAGEMENT SALARY SCHEDULE
POSITION TITLE
MONTHLY PAY RANGE
GRADE
STEP 1 STEP 2 STEP 3 STEP 4
STEP 5
Accounting Manager
MM025
$ 6,685
$ 9,027
Assistant Finance Director
MM455
$11,848 $12,439 $13,051 $13,715
$14,401
Assistant to the City Manager
MM132_
$6,975
$9,417
Code Enforcement Manager
MM308
$7,545
$10,219
Code Enforcement Supervisor
MM465
$5,358
$7,233
Communications Manager
MM461
$6,228
$8,305
Communications Supervisor
MM460
$5,182
$6,998
Community Services Manager
MM300
$6,227
$8,407
Deputy Fire Marshal
MM133
$5,951
$7,233
Economic Development/ HSG
MM040
$7,544
$10,185
Economic Development Project Coordinator
MM134
$5,671
$7,656
Fire Marshal
MM135
$6,976
$9,417
Human Resources Analyst I
MM304
$4,956
$6,694
Human Resources Analyst 11
MM305
$5,419
$7,316
Human Resources Manager
MM306
$7,545
$10,219
Information Technology Analyst I
MM492
$5,664
$7,585
Information Technology Analyst II
MM493
$7,585
$8,342
Information Technology Manager
MM491
$8,294
$10,481
Management Analyst I
MM320
$4,554
$6,146
Management Analyst II
MM130
$5,671
$7,656
Park Maintenance Supervisor
MM530
$5,389
$7,276
Planning Manager
MM020
$8,000
$10,800
Police Administrative Services Manager
MM131
$6,693
$9,034
Police Records Supervisor
MM060
$5,349
$7,220
Principal Planner
MM265
$6,727
$9,083
Public Services Manager
MM035
$6,968
$9,407
Public Services Superintendent
MM302_
$8,200
$11,070
Purchasing Manager
MM225
$5,959
$8,046
Recreation Services Supervisor
MM030_
$5,037
$6,801
Recreation Superintendent
MM301
$6,105
$8,243
Senior Citizen's Services Supervisor
MM390_
$5,037
$6,801
Senior Planner
MM020
$5,862
$7,914
Street Maintenance Supervisor
MM345
$5.491
$7.413
45
Appendix "B"
MIDDLE MANAGEMENT SALARY SCHEDULE
-
t
.,GRADE
MONTHLY PAY RANGE
STEP 1 STEP 2 STEP 3 STEP 4
STEP 5
Accounting Manager
MM025
$ 6,886
$ 9,297
Assistant Finance Director
MM455
$12,203 $12,813 $13,442 $14,126
$14,833
Assistant to the City Manager
MM132
$7,184
$9,699
Code Enforcement Manager
MM308
$7,771
$10,526
Code Enforcement Supervisor
MM465
$5,519
$7,450
Communications Manager
MM461
$6,415
$8,554
Communications Supervisor
MM460
$5,337
$7,208
Community Services Manager
MM300
$6,414
$8,659
Deputy Fire Marshal
MM133
$6,129
$7,450
Economic Development/ HSG
MM040
$7,770
$10,491
Economic Development Project Coordinator
MM134
$5,841
$7,886
Fire Marshal
MM135
$7,185
$9,699
Human Resources Analyst I
MM304
$5,105
$6,895
Human Resources Analyst 11
MM305
$5,582
$7,535
Human Resources Manager
MM306
$7,771
$10,526
Information Technology Analyst I
MM492
$5,833
$7,812
Information Technology Analyst II
MM493
$7,812
$8,592
Information Technology Manager
MM491_
$8,543
$10,796
Management Analyst I
MM320
$4,691
$6,331
Management Analyst II
MM130
$5,841
$7,886
Park Maintenance Supervisor
MM530
$5,551
$7,494
Planning Manager
MM020
$8,240
$11,124
Police Administrative Services Manager
MM131
$6,894
$9,305
Police Records Supervisor
MM060
$5,510
$7,436
Principal Planner
MM265
$6,929
$9,355
Public Services Manager
MM035
$7,177
$9,689
Public Services Superintendent
MM302
$8,446
$11,402
Purchasing Manager
MM225
$6,138
$8,287
Recreation Services Supervisor
MM030
$5,188
$7,005
Recreation Superintendent
MM301
$6,288
$8,490
Senior Citizen's Services Supervisor
MM390
$5,188
$7,005
Senior Planner
MM020
$6,038
$8,152
Street Maintenance Supervisor
MM345
$5,655
$7,636
m
Appendix "B"
MIDDLE MANAGEMENT SALARY SCHEDULE
-
t
.,GRADE
MONTHLY PAY RANGE
STEP 1 STEP 2 STEP 3 STEP 4
STEP 5
Accounting Manager
MM025
$ 7,092
$ 9,576
Assistant Finance Director
MM455
$12,569 $13,197 $13,846 $14,550
$15,278
Assistant to the City Manager
MM132
$7,399
$9,990
Code Enforcement Manager
MM308
$8,004
$10,841
Code Enforcement Supervisor
MM465
$5,684
$7,673
Communications Manager
MM461
$6,608
$8,811
Communications Supervisor
MM460
$5,497
$7,425
Community Services Manager
MM300
$6,607
$8,919
Deputy Fire Marshal
MM133_
$6,313
$7,673
Economic Development/ HSG
MM046
$8,003
$10,806
Economic Development Project Coordinator
MM134
$6,016
$8,122
Fire Marshal
MM135
$7,401
$9,990
Human Resources Analyst I
MM304
$5,258
$7,101
Human Resources Analyst 11
MM305
$5,749
$7,761
Human Resources Manager
MM306
$8,004
$10,841
Information Technology Analyst I
MM492
$6,008
$8,047
Information Technology Analyst II
MM493
$8,047
$8,850
Information Technology Manager
MM491_
$8,800
$11,120
Management Analyst I
MM320
$4,832
$6,521
Management Analyst II
MM130
$6,016
$8,122
Park Maintenance Supervisor
MM530
$5,717
$7,719
Planning Manager
MM020
$8,487
$11,458
Police Administrative Services Manager
MM131
$7,100
$9,584
Police Records Supervisor
MM060
$5,675
$7,659
Principal Planner
MM265
$7,137
$9,636
Public Services Manager
MM035
$7,393
$9,980
Public Services Superintendent
MM302
$8,700
$11,744
Purchasing Manager
MM225
$6,322
$8,536
Recreation Services Supervisor
MM030
$5,344
$7,215
Recreation Superintendent
MM301
$6,477
$8,745
Senior Citizen's Services Supervisor
MM390
$5,344
$7,215
Senior Planner
MM020
$6,219
$8,396
Street Maintenance Supervisor
MM345
$5,825
$7,865
47