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Resolution - 9100C7 • RESOLUTION NO. 9100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA# CALIFORNIA AMENDING APPENDIX "A" OF RESOLUTION NO. 8770v THE CITY'S SALARY RANGE STRUCTURE FOR EMPLOYEES IN THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION AS AMENDED; AND RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS AS AMENDED; AND FIXING COMPENSATION AND BENEFITS FOR PERSONNEL AND CLASSES REPRESENTED BY THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION. WHEREAS, the City of West Covina has met and conferred with the West Covina General Employees' Association; and WHEREAS, the City and the West Covina General Employees' Association have agreed upon certain changes to salaries, benefits and working conditions for members of said Association with a three-year agreement expiring June 30, 1997; and WHEREAS, the three-year Memorandum of Understanding has been referred to the City Council; NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION 1. Salary. That effective July 2, 1994, Appendix "A" of Resolution No. 8770, the City's salary range structure for employees in the West Covina General Employees' Association is hereby amended by Appendix "A" of this Resolution; and Resolution No. 7223, relating to the classification and compensation of positions, as amended, and fixing compensation and benefits for personnel and classes represented by the West Covina General Employees' Association is hereby amended by this Resolution. SECTION 2. Other changes to the terms and conditions of employment are detailed in the agreed upon MOU as incorporated herein as "Exhibit A." Specific changes to the provision covering Sick Leave, and Uniform Allowance are contained therein. SECTION 3. Where provisions of the MOU are inconsistent with existing Personnel Rules, the MOU shall govern. SECTION 4. The remaining provisions of Resolution No. 8770 and Resolution No. 7223, as amended, shall remain in full force and effect until amended or repealed by Resolution of the City Council. SECTION 5. Budget Allocation. The City Council does hereby appropriate an amount of money sufficient to fund these salary adjustments and benefits for the life of this Resolution. SECTION 6. The effective date of this Resolution is June 7, 1994. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 7th day of June, 1994. ATTEST: Z� L�. City Clerk • 0 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council on the 7th day of June, 1994. AYES: Councilmembers: Manners, NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED AS TO FORM: City Attorney xarso. EN.sa Touhey, Wong, Herfert, McFadden APPENDIX "A" CITY OF WEST COVINA CLASSIFIED EMPLOYEE POSITIONS AND PAY RANGES GENERAL EMPLOYEES' ASSOCIATION JULY 2, 1994 RANGE SALARY Account Clerk G060 1814 - 2205 Building Inspector G250 2806 - 3411 Bldg/Eng Permit Technician G165 2274 - 2764 Civ Eng Assistant G290 3228 - 3923 Clerk GO10 1516 - 1844 Clerk Typist G030 1740 - 2115 Code Enforcement Officer G210 2520 - 3063 Communications Tech. G200 2494 - 3032 Community Planner G290 3228 - 3923 Community Svs. Officer G160 2177 - 2646 Court Liaison Officer G170 2263 - 2751 Engineering Technician G260 2873 - 3492 Fire Protection Specialist G250 2806 - 3411 Human Services Program Coordinator G180 2376 - 2889 Jailer G130 2106 - 2560 Operations Technician G190 2457 - 2986 Parking Enforcement Officer G080 1880 - 2286 Photo Technician G180 2376 - 2889 Planning Assistant G270 2927 - 3557 Planning Associate G280 3136 - 3813 Police Cadet G040 1772 - 2155 Police Officer Recruit G230 2673 - 3249 Police Records Clerk I G070 1842 - 2240 Police Records Clerk II G110 1975 - 2401 Purchasing Assistant G170 2263 - 2751 Reprographics Technician G100 1969 - 2392 Secretary -Stenographer G090 1953 - 2375 Senior Account Clerk G120 2042 - 2482 Sr. Citizens Program Coordinator G200 2494 - 3032 Sr. Communications Technician G240 2750 - 3343 Storekeeper G150 2168 - 2636 Utility Accounts Technician G175 2307 - 2804 jc:cn\adary: pay_rng.gm � 7-18-94 EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA 0 WEST COVINA GENERAL EMPLOYEES' ASSOCIATION EFFECTIVE >, JANUARY 1, 1994 THROUGH JUNE 30, 1997 TABLE OF CONTENTS PAGE NO. SECTION 1. SALARY ...................................... 1 SECTION 2. RETIREMENT .................................. 2 SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT........ 2 SECTION 4. RETIREE HEALTH BENEFIT ...................... 3 SECTION S. STATE DISABILITY INSURANCE (SDI)............ 3 SECTION 6. WORK RELATED DISABILITY COVERAGE............ 3 SECTION 7. LIFE INSURANCE .............................. 3 SECTION S. LONG TERM DISABILITY INSURANCE .............. 3 SECTION 9. VACATION USE ................................ 4 SECTION 10. SICR LEAVE .................................. 6 SECTION 11. BEREAVEMENT LEAVE ........................... 8 SECTION 12. HOLIDAYS .................................... 8 SECTION 13. OVERTIME ........... .......................... 8 SECTION 14. COMPENSATORY TIME OFF ....................... 10 SECTION IS. JURY DUTY ................................... 11 SECTION 16. UNIFORMS ALLOWANCE .......................... it SECTION 17. TUITION REIMBURSEMENT ....................... 12 SECTION 18. EMPLOYEE AND EMPLOYER RIGHTS ................ 12 SECTION 19. OTHER PROVISIONS NOT COVERED HERE........... 12 SECTION 20. NOTICE OF FUTURE MEET AND CONFER............ 12 SECTION 21. SEVERABILITY................................ 13 SECTION 22. TERM ........................................ 13 MEMORANDUM OF UNDERSTANDING BETWEEN THE REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA AND WEST COVINA GENERAL EMPLOYEES' ASSOCIATION PREAMBLE In the interest of maintaining harmonious and stable relationships between the City of West Covina (hereinafter City) and employees represented by the West Covina General Employees, Association, (hereinafter referred to as the "Association"), representatives of management for the City and representatives of the Association have met and conferred in good faith regarding wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by the Association. The representatives have reached an understanding as to recommendations to be made to the City Council for the City of West Covina and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will implement this agreement and provide for the changes in wages, hours, fringe benefits, and other terms and conditions of employment for the members of the Association effective January 1, 1994, (except as otherwise stated herein) and continuing through the term of the MOU. THEREFORE, the representatives of the City and the Association agree as follows: SECTION 1. SALARY Preamble - In an effort to maintain competitive salaries, the City and the Association will cooperatively join in the process of developing new programs, determining new revenue sources, and ways of delivering services in a more cost effective manner. Participation by the employees shall play a significant role in achievement of productivity and program goals resulting in agreed upon periodic adjustments to salary. Salary computation - A salary survey shall be conducted annually, initially in May of 1994, to collect the top step monthly ' salaries for the agreed upon benchmark classes. The average of the base salaries for those classes shall be used to determine the amount of salary increase, if any, necessary to provide salary parity effective July 2, 1994. This same process shall be conducted in May of 1995 and May of 1996 to determine the salary adjustments to be effective July 1, 1995 and June 29, 1996. At the times when survey results are reviewed, discussion regarding health and dental benefits may occur. Any future changes to health or dental premiums must be funded utilizing monies designated for salary adjustments. SECTION 2. RETIREMENT The City shall pay the normal member retirement contribution (7%) as required under the Public Employees' Retirement System. The contract between the City and Public Employees' Retirement System shall provide the following programs: A. Unused accumulated sick leave may be converted to additional service credit at the time of retirement pursuant to Public Employees', Retirement System (hereinafter PERS) Section 20862.8. B. Retirement benefits shall be computed using the One -Year Final Compensation Option under PERS Section 20024.2. SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT The City shall provide $442 per month to offset the employee cost of health insurance. The amount specified for PERS Health Care Plan coverage shall be $16 per month per active employee. The City shall provide up to $20 per month to offset the cost of dental insurance. E SECTION 4. RETIREE HEALTH BENEFIT Provided that employees represented by the General Employees' Association have participated in the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the City, $16.00 per month per eligible retiree shall be contributed towards the payment of premiums for retiree insurance under the Program. SECTION 5. STATE DISABILITY INSURANCE (SDI) The City agrees to make available at the employee's expense, SDI as provided through the State of -California. SECTION 6. WORK RELATED DISABILITY COVERAGE Whenever any 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. Temporary disability compensation, if any, shall be considered and credited to salary for the period of such disability but not exceeding one year, or until such earlier date as they are retired on permanent disability pension. 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 herein. Such leave, however, shall not be paid for more than seven days unless and until such employees are awarded or receive disability benefits under the Worker's Compensation and Insurance Law of the State of Californiabased upon such disability. When and while applicable, this section shall supersede the provisions of the Grievance Procedure. SECTION 7. LIFE INSURANCE The City shall provide a term life insurance policy in the amount of $20,000. SECTION S. LONG TERM DISABILITY INSURANCE The City shall provide a long term disability program which provides sixty percent (60%) of the employee's gross salary up to 3 a maximum of $5000 after a waiting period of 180 days. Coverage after 90 days may be purchased by the employee through payroll deduction. SECTION 9. VACATION It is the policy of the City that where possible, vacation be taken annually in the year earned. The time during the year at which an employee may take vacation shall be determined by the appointing authority of such employee with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave shall accumulate to a maximum of: Hours Accumulated Maximum Months of Service Per Pav Period Accruals 1-60 3.08 240 61-108 4.62 280 109-120 4.92 288 121-132 5.23 296 133-144 5.54 304 145-156 5:85 312 157+ 6.15 320 A. Vacation Accrual 1. Accrual Rates Each full-time employee shall accrue vacation leave with pay at the rate of 3.08 hours per pay period up to and including 60 months of service, and at the completion of 60 months of service 40 additional hours vacation shall be granted; from 61 up to and including 108 months, vacation shall be earned at the rate of 4.62 hours per pay period; and from 109 up to and including 120 months, vacation time shall be earned at the rate of 4.92 hours per pay period; and from 120 up to and including 132 months, vacation time shall be earned at the rate of 5.23 hours per pay period; and from 132 up to and including 144 months, vacation time 4 shall be earned at the rate of 5.54 hours per pay period; and from 144 up to and including 156, vacation time shall be earned at the rate of 5.85 hours per pay period; and from 156 or more months, vacation time shall be earned at the rate of 6.15 hours per pay period, up to a maximum not to exceed 160 hours earned vacation per year. B. Vacation Accrual for Holidays If a holiday falls within a scheduled vacation period, eight additional hours of vacation shall be granted. C. Payment for Unused Vacation 1. Any employee, who has been in continuous full-time service of the City for a period of six (6) full months or more, who is terminating his/her employment, shall be paid for accrued vacation time on the effective date of termination. 2. 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 40 hours in any one calendar year, except as otherwise provided herein. D. Advance Payment of Vacation Any employee who is authorized to take 40 or more hours of vacation with pay at one time may apply for the payment of salary in advance for any pay period occurring during the period of the employee's authorized vacation. The application must be approved by the employee's Department Head and filed with the Finance Director at least seven (7) days before the vacation period for which the salary advance is requested. In cases of extreme emergency where the employee is unable to give the required notice, approval for an advance vacation check may be given where such request can be justified to, and approved by, the Department Head, Division Manager, and Finance Director. 5 SECTION 10. SICK LEAVE To aid in reducing illness, the parties shall work in unison to educate and emphasize to employee members the importance of proper diet, sleep, exercise and other pertinent practices in maintaining a health condition. A. Allowance/Accumulation City employees shall accrue 96 hours of sick leave per year. Following completion of thirty (30) calendar days of continuous full-time service, each City employee shall accrue 3.69 hours per pay period of sick leave pay. Thereafter for each calendar month of service in which the employee has worked or has been paid for more than two-thirds (2/3) of the actual number of working days of such month, he/she shall be allowed eight hours of credit for sick leave with pay. Sick leave may be used by new employees following thirty calendar days of employment. Unused sick leave may be accumulated without limit. B. Use of Sick Leave No more than 40 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, and not more than 40 hours of sick leave within any calendar year may be granted to an employee each absence due to death of his/her immediate family. The phrase "immediate family" is defined as the husband, wife, parent, brother, sister, child, and a grandparent or grandchild, if residing within the home or within the same place of residence of the employee. C. Reinstatement of Sick Leave Upon reemployment, an employee who was terminated due to layoff will have sick leave time reinstated in that amount accumulated at the time of layoff up to a maximum of 320 hours. In the event that through the course of continued employment accumulated sick leave exceeds 320 hour, payoff for such excess accumulations shall be in accordance with the payoff provisions of the program, but in no case shall the aggregate of such amount(s) exceed that provided by the policy. 6 D. Pilot Program --Sick Leave, Annual Payoff and Accrual The following sick leave payoff and accrual program was instituted in 1980, as a "pilot program." The program will remain in effect and will be reevaluated by City management. If the program is discarded, the City will revert to its previously effective sick leave program as contained herein. Sick leave will be earned at the rate of 3.69 hours per pay period for a possible total maximum of 96 hours per calendar year. Sick leave used during each calendar year will be charged against the current year's earnings. By November 30 of each calendar year the City will determine the amount of unused sick leave for each regular employee. Each employee must carry over to a sick leave "bank" a minimum of 56 hours in December, and may request cash payment for any hours above 56 or may add it to the sick leave bank. If 56 hours of unused sick are not available, the number of unused hours must be carried over to the sick leave bank. Employees shall not be allowed to change sick leave to other forms of paid leave upon return to work. The current payoff programs at termination or retirement, as detailed in the Personnel Rules, remain unchanged. E. Sick Leave Pay -Off Upon Termination Employees upon termination of continuous service, other than by discharge, shall be paid for 50 percent of all sick leave accrued to the time of such termination which is in excess of 320 hours, to a maximum accrual of 800 hours (not to exceed 240 hours). F. Physician's Certificate on Use of Sick Leave The Department Head may require evidence in.the form of a physician's certificate, or written statement, as to adequacy of 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. 7 G. Physical Examination Any employee absent from work for a period of three (3) or more consecutive working days, due to illness or accident, may be required 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. SECTION 11. BEREAVEMENT LEAVE Bereavement - 40 hours of said leave per calendar year will be available to an employee in the event of the death of said employee's grandparent,parent, spouse, child, stepchild, brother, or sister. The program is supplemental to the current sick leave program. SECTION 12. HOLIDAYS A. Fixed Holidays The City will recognize the following days as official City fixed holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve (unless Christmas falls on a Saturday, Sunday or Monday) and Christmas Day. SECTION 13. OVERTIME It is the policy of the City of West Covina to avoid the necessity for overtime work whenever possible. However, when overtime is necessary and approved by the department head, payment will be at time and one-half for all hours worked in excess of the normal daily work shift. Vacation, sick leave, holidays, jury duty and compensating time off shall be considered hours worked. For employees covered by the 7(b) or 7(k) exception to the Fair Labor Standards Act on the 3/12 or 3/12-1/2 work schedule, work performed in excess of the normal daily work shift will be paid at the straight time rate of pay, until the employee has 8 reconciled the hours owed to the City. Once the employee has reconciled the hours owed to the City, the remaining overtime work is paid at time and one-half. A. Overtime Authorization 1. If in the judgment of the department head, 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 the Division Manager. 2. In emergencies, where prior authorization cannot be issued, the department head shall obtain approval for the overtime worked at the earliest opportunity thereafter, in no case to exceed five 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, where life, health, safety, welfare, or security are involved. B. Incidental Overtime 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. C. The City has established different FLSA work weeks to correspond to the various work schedules as follows: 1. 9/80 Work Schedule - 7 day work period of 40 hours as follows: a. Work week begins on Monday at 12:00 p.m. and ends the following Monday at 11:59 a.m. b. Work week begins on Friday at 12:00 p.m. and ends the following Friday at 11:59 a.m. 2. General Employees Association - Semi-annual work period of 1040 hours. (7(b) exception to FLSA.) SECTION 14. COMPENSATORY TIME OFF A. Upon the approval of his/her supervisor, an employee, other than fire safety employees, 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 compensatory time off is selected and approved by the department head, the employee may not request cash payment. Upon separation, an employee shall be paid for accumulated compensatory time. C. The department head may set individual employee accumulation ceilings and procedures based on the needs of the department. These individual employee accumulation ceilings may not exceed the following maximum limits: 40 hours - Miscellaneous employees. D. Department management will endeavor to schedule compensatory time off to the mutual satisfaction of employee and department. E. Personal Leave Employees are entitled to 40 hours per calendar year as personal leave time which is usable subject to the approval of the department head or the designated authority. Personal leave becomes usable on January 1 of each calendar year and must be used by December 31 of the same calendar year. Personal leave time may not be carried over into the next calendar year nor may the hourly equivalent be paid in lieu of time off. F. observation of Saturday and Sunday Holidays For those employees whose normal work .week is Monday through Friday, 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 Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. For all other employees, when a holiday falls on a regularly scheduled day off, the employee shall be entitled to eight hours straight 10 compensatory time for the holiday. This compensation can be taken as either compensatory time or pay, at the discretion of the employee. SECTION 15. JURY DUTY A. Jury Duty 1. 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 his/her department head in writing whether or not he/she waives or remits his/her jury fee to the City. 2. The City will grant an employee required to serve on jury duty, or to report for examination to serve on jury duty, one time for a maximum of 160 hours, paid leave for such purposes during any three consecutive years of employment. All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City. Administrative procedures will govern implementation of this program. i SECTION 16. UNIFORM ALLOWANCE A. Community Service Officers shall be provided a uniform allowance of $325 per year. Effective January, 1995, the allowance shall be increased to $350, and effective January, 1996, to $375. B. Jailers shall be provided with a uniform allowance of $200 per year. Effective January, 1995, the allowance shall be increased to $275, and effective January, 1996, to $300. C. Police Records Clerks shall be provided with a uniform allowance of $200 per year. Effective January, 1995, the allowance shall be increased to $250, and effective January, 1996 to $300. r 11 SECTION 17. TUITION REIMBURSEMENT It is understood that the annual maximum tuition reimbursement shall be $686, including books. SECTION 18. EMPLOYEE AND EMPLOYER RIGHTS The parties hereto agree that this MOU does not in any manner abridge, modify or restrict the rights and prerogatives of employees and the City as set forth in Chapter 2 of the West Covina Municipal Code. It is understood that said rights and prerogatives of the City include, but are not limited to, determinations as to the levels of service, manning requirements, work schedules, transfers, overtime assignments and approval, number and location of work stations, nature of work to be performed, contracting for any work or operations, employee performance standards, discipline and discharge, and reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable, in the performance of City services. It is further agreed that the City agrees to meet and confer with the recognized bargaining representatives regarding the impact of such management decisions on matters within the scope of representation. SECTION 19. OTHER PROVISIONS NOT COVERED HERE It is understood that all other items relating to employee salaries and benefits not covered in this MOU, are covered by existing ordinances, resolutions, and policies of the City Council, as well as the Personnel Rules and Regulations presently in effect. SECTION 20. NOTICE OF FUTURE MEET AND CONFER If the Association desires to meet and confer with representatives of the City of West Covina concerning improvements or changes in wages, hours, or other conditions of employment for the employees represented by the Association which would take effect on or after July 1, 1997, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 1997. Said request shall contain all of the changes in wages, hours, and conditions of employment proposed by the Association to take effect on or after July 1, 1997. 12 i SECTION 21. SEVERABILITY It is understood and agreed that this MOU is subject to all present and future federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by a tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect. SECTION 22. TERM This MOU shall remain in full force and effect until midnight, June 30, 1997. WEST COVINA GENERAL EMPLOYEES' ASSOCIATION DATE APPROVED AS TO FORM: CITY ATTORNEY 13 MANAGEMENT REPRESENTATIVES OF THE CITY OF WEST COVINA BY \ /Z-7--e �11 BY BY