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Resolution - 2006-99
RESOLUTION NO. 2006-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA CONFIDENTIAL, MAINTENANCE AND CRAFTS, • MID -MANAGEMENT EMPLOYEES' ASSOCIATION AND. THE SAN BERNARDINO PUBLIC EMPLOYEE'S ASSOCIATION (SBPEA) GENERAL EMPLOYEE'S, FIXING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE AFOREMENTIONED ASSOCIATIONS WHEREAS, the City of West Covina has met and conferred with the Confidential, Maintenance and Crafts, Mid -Management Employee's Associations, and the San Bernardino Public Employees' Association (SBPEA) General Employees Association; and WHEREAS, the City and the above mentioned employee associations have agreed upon certain changes to salary, benefits, and terms and conditions of employment in agreed upon Memorandums of Understanding (MOUs); and WHEREAS, the MOUs have been referred to the City Council. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1. Term: The term of the contract shall be effective from July 1, 2006 through June 30, 2009. SECTION 2. Effective the first day of the pay period on or after July 1, 2006, employees in the aforementioned Associations shall receive a three and one-half percent salary adjustment (3.5%) above their classifications currently assigned salary range. Effective June 30, 2007, all employees in the aforementioned shall receive a four percent (4%) salary adjustment above their classifications currently assigned salary range. Effective June 28, 2008, all employees in the aforementioned Associations shall receive a four percent (4%) salary adjustment above their classifications currently assigned salary range. The salary tables for the affected classifications by unit are attached as Attachment 1, 2, 3, and 4. SECTION 3. Medical Insurance: Effective July 1, 2006, the City shall pay the Kaiser Plan +2 or more rate per month towards employee cost of health (medical) insurance premiums for eligible employees. SECTION 4. Dental Insurance: Effective January 1, 2007 the City shall pay up to a maximum of $53.28 per month for the cost of a dental plan for employees and their eligible dependents. SECTION 5. Vision Insurance: Effective July 1, 2007 the City shall pay for a Vision Plan for employees only. Employees may enroll their eligible dependents in the plan, at the employee's cost. SECTION 6. Retiree Health Savings Plan: Effective July 1, 2007, The City and Associations agree to participate in a Retiree Health Savings plan with a shared contribution of $25 per month employee contribution and $75 per month employer contribution. In addition, the Retiree Health Savings Plan will consist of a lump sum payment for eligible retirees as outlined in the Retiree Health Plan Savings section in the bargaining unit MOU (Attached as Exhibits A, B, C & D). SECTION 7. PERS Employee's Contribution Paid by the City: Employees currently pay 1% of the 8% employee contribution for the PERS 2.5% of 55 Retirement Plan. Retroactive to July 1, 2006, the City will pay the entire 8% employee contribution. Resolution No. 2006-99 December 19, 2006 SECTIONS. Tuition Reimbursement: Effective, July 1, 2006, General Unit employees shall receive an increase from $686 to $1,130 ner fiscal vear for annual tuition reimbursement (including books). SECTION 9. The City Clerk shall certify to the adoption of this Resolution. E APPROVED and ADOPTED on this 19`h day of December 2006. VW V M yor Michael Touhey ATTEST: 'L, L , �-- City Clerk Uric Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 191h day of December 2006, by the following vote of the City Council: AYES: Herfert, Hernandez, Lane, Touhey NOES: None ABSENT: Sanderson ABSTAIN: None APPROVED AS TO FORM: 1-,44- - City Attorney old Alvarez-Glasman 0 ATTACHMENT 1 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES CONFIDENTIAL EMPLOYEES ASSOCIATION - Effective 7/1/06 Effective 7/1/06 3.5% Effective 6/30/07 4% Effective 6/28/08 4% itle Beginning Range Top Range Beginning Range Top Range Beginning Range Top Range Accountant $3,767 $5,086 $3,918 $5,289 $4,075 $5,501 Accounting Technician $2,856 $3,855 $2,970 $4,009 $3,089 $4,169 Administrative Aide $2,979 $4,021 $3,098 $4,182 $3,222 $4,349 Administrative Assistant II (formerly Secretary 1I) $2,801 $3,780 $2,913 $3,931 $3,030 $4,088 Community TV Producer $3,402 $4,592 $3,538 $4,776 $3,680 $4,967 Criminal Justice Research Analyst 1 $3,694 $4,987 $3,842 $5,187 $3,996 $5,395 Criminal Justice Research Analyst II $4,240 $5,725 $4,410 $5,954 $4,586 $6,192 Senior Administrative Assistant (formerly Dept Admin Asst) $3,026 $4,085 $3,147 $4,248 $3,273 $4,418 Departmental Aide $3,239- $4 638-- " "$3,369 $4,824 $3,504 $5,017 Deputy City Clerk $3,584 $4,838 $3,727 $5,032 $3,876 $5,233 Executive Asst. to City Manager (formerly Secretary to City Manager) $3,445 $4,650 $3,583 $4,836 $3,726 $5,029 Human Resources Technician $3,026 $4,085 $3,147 $4,248 $3,273 $4,418 Operations Analyst $3,694 $4,987 $3,842 $5,187 $3,996 $5,395 Programmer Analyst 1 $4,819 $6,506 $5,012 $6,766 $5,213 $7,037 Programmer Analyst II $5,179 $6,993 $5,386 $7,273 $5,601 $7,564 Purchasing Assistant $3,046 $4,112 $3,168 $4,277 $3,295 $4,448 Reprographics Supervisor $3,507 $4,731 1 $3,647 $4,920 $3,793 $5,117 Revenue Services Supervisor $3,971 $5,361 $4,130 $5,575 $4,295 $5,798 Software Developer $4,350 $5,872 $4,524 $6,107 $4,705 $6,351 User Sup2ort S ecialist $5,180 $6,993 $5,387 $7,273 $5,603 $7,564 Z: salary ranges: Confidential 2006 to 2009 • • 0 CITY OF WEST COVINA ATTACHMENT 2 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MAINTENANCE EMPLOYEES ASSOCIATION (Effective 7/1106) Job Title Pay Range As of 6/30/06 StepT Effective 7/1/2006 3.5% I Effective 6/30/2007 4% Effective 6/28/2008 4% Building Maintenance Leadworkei MT200 $3,461 1 1 $3,5821 $3,725 $3 874 $3,634 $3,815 $4,006 $4,207 2 $3,761 $3,911 $4,067 3 $3,949 $4,107 $4,271 4 $4,146 $4,312 $4,485 5 $4,354 $47528 F $4,709 Electrician I MT210 $2,848 1 $2,948 $3,066 $3,189 $2,990 $3,139 $3,296 $3,461 2 $3,095 $3,219 $3,348 3 $3,249 $3,379 $3,514 4 $3,411 $3,547 $3,689 5 $3.582 $3,725 $3.874 Electrician D MT090 $3,544 1 $3,668 $3,815 $3,968 $3,721 $3,908 $4,104 $4,309 2 $3,851 $4,005 $4,165 3 $4,045 $4,207 $4,375 4 $4,248 $4,418 $4,595 5 $4,460 $4.638 $4,824 Electrician Leadworker MT120 1 $4,063 $4,226 $4,395 7S4,23 $4,773 2 $4,267 $4,438 $4,616 3 $4,481 $4,660 $4,84 4 $4,704 $4,892 $5,088 5 $4,940 $5,138 $5,344 Equipment Mechanic I MT030 $2,774 1 $2,871 $2,986 $3,105 $2,913 $3,059 $3,212 $3,372 2 $3,015 $3,136 $3,261 3 $3,166 $3,293 $3,425 4 $3,324 $3,457 $3,595 5 13,490 $3,630 $3,775 E ui ment Mechanic II MT080 $3,276 1 $3,391 $3,527 $3,668 $3,440 $3,612 $3,793 $3,982 2 $3,560 $3,702 $3,850 3 $3,738 $3,888 $4,044 4 $3,926 $4,083 $4,246 5_ _ _ -- [Equipment Mechanic Leadworker MT130 $3,708 1 $3,838 $3,992 $4,152 $3,893 $4,088 $4,292 $4,507 2 $4,029 $4,190 $4,358 3 - $4_231 $4,400 $4,576 4 $4,442 $4,620 $4,805 5 $4,665 $4,852 $5,046 z:5aan��v sNavnerarce 2006Io2W3 Page 1 • C CITY OF WEST COVINA ATTACHMENT 2 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MAINTENANCE EMPLOYEES ASSOCIATION (Effective 7/1/06) As of Effective Effective Effective 6/30/06 7/1/2006 1 6/30/2007 1 6/28/2008 1 Job Title Pay Range Step 3.5% 4% 4% Equipment Operator MT060 $3,188 1 $3,300 $3,432 $3,569 $3,348 $3,514 $3,691 $3,875 2 $3,465 $3,604 $3,748 3 $3,637 $3,783 $3,934 4 $3,820 $3,973 $4,132 5 $4,011 $4,171 $4,338 Maintenance Leadworker MT100 $3,359 1 $3,4771 $37616 $3,761 $3,527 $3,703 $3,888 $4,083 2 $3,651 $3,797 $3,949 3 $3,833 $3,986 $4,145 4 $4,024 $4,185 $4,352 5 $4.226 $4.3951 $4,571 Maintenance Worker MT010 $2,560 1 1 $2,6501 $2,756 $2,866 $2,688 $2,822 $2,963 $3,112 2 $2,782 $2,893 $3,009 3 $2,921 $3,038 $3,160 4 $3,0671 $3,190 $3,318 5 $3.2211 $3.350 $3,484 Maintenance Worker II MT020 $2,687 1 $2,781 $2,892 $3,008 $2,821 $2,962 $3,111 $3,266 2 $2,920 $3,037 $3,159 3 $3,066 $3,189 $3,317 4 $3,220 $3 349 $3,483 5 $3,380 $3,515 $3,656 Maintenance Worker III MT040 $2,820 1 $2,919 $3,036 $3,157 $2,961 $3,109 $3,264 $3,428 2 1_ $3_065 $3,188 $3,316 3 $3,347 $3,481 4 _$3,218 $3,378 $3,513 $3,654 5 $3,548 $3,690 $3,838 Senior Maintenance Worker MTO50 $2,872 1 1 $2,973 $3,092 $3,216 $3,016 $3,166 $3,325 $3,491 2 $3,122 $3,247 $3,377 3 $3,277 $3,408 $3,544 4 $3,441 $3,579 $3,722 5 $3,613 $3,758 $3,908 Z:&°ry iegp Wv ea¢e 200 2M Page 2 • 0 CITY OF WEST COVINA ATTACHMENT 2 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MAINTENANCE EMPLOYEES ASSOCIATION (Effective 7/1/06) As of Effective Effective Effective 6/30/06 7/1/2006 I 6/30/2007 I 6/28/2008 Job Title Pa Ran a Ste 3.5% 4% 4% Sign Painter MT070 $3,003 1 $3,108 $3,232 $3,361 $3,153 $3,310 $3,475 $3,649 2 $3,263 $3,394 $3,530 3 $3,426 $3,563 $3,706 4 $3,597 $3,741 $3,891 5 $3,777 $3,928 $4,085 Welder Mechanic MT215 $3,276 1 $3,391 $3,527 $3,668 $3,440 $3,612 $3,7930 $3,982 2 $3,560 $3,702 $3,850 3 $3,738 $3,888 $4,044 4 $3,926 $4,083 $4,246 5 $4.121 $4.286 $4,457 z: ahl Wy 2"11O Page 3 • CITY OF WEST COVINA ATTACHMENT 3 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MID -MANAGEMENT EMPLOYEES' ASSOCIATION (Effective 711106) As of 6/30/06 Effective 7/1/06 3.5% Salary Adjustment Effective 6/30/07 4% Salary Adjustment Effective 6/28108 4% Salary Adjustment Job Title Beginning Range Top Range Beginning Range Top Range Beginning Range Top Range Beginning Range Top Range Accounting Manager $5,211 $7,035 $5,393 $7,281 $5,609 $7,572 $5,833 $7,875 Assistant CDC Director $6,535 $8,823 $6,764 $9,132 $7,035 $9,497 $7,316 $9,877 Assistant to the City Manager $5,436 $7,339 $5,626 $7,596 $5,851 $7,900 $6,085 $8,216 Building Official* $5,555 $7,499 $5,749 $7,762 $5,979 $8,073 $6,218 $8,396 Civil Engineering Associate $4,378 $5,910 $4,531 $6,117 $4,712. $6,362 $4,901 $6,617 Communications Supervisor $4,040 $5,454 $4,181 $5,645 $4,348 $5,871 $4,522 $6,106 Community Services Manager $4,853 $6,553 $5,023 $6,782 $5,224 $7,053 $5,433 $7,335 Compute Systems Administrator $5,256 $7,095 $5,440 $7,343 $5,658 $7,637 $5,884 $7,943 Controller $5,923 $7,996 $6,130 $8276 $6,375 $9,607 $6,630 $8,951 Deputy Building Official $5,817 $8,245 $6,021 $8,534 $6,262 $8,875 $6,513 $9,230 Economic Develo ment/If sg Manager $5,880 $7,938 $6,086 $8,216 $6,329 $8,545 $6,582 $8,887 Equipment Maintenance Supervisor $4,247 $5,733 $4,396 $5,934 $4,752 $6,171 $4,755 $6,418 Human Resources Analyst I $3,863 $5,216 $3,998 $5,399 $4,158 $5,615 $4,324 $5,840 Human Resources Analyst II $4,223 $5,701 $4,371 $5,901 $4,546 $6,137 $4,728 $6,383 Maintenance Operations Manager $5,545 $7,486 $5,739 $7,748 $5,969 $8,058 $6,208 $8,380 Management Analyst I (formerly Admin. Analyst I) $3,549 $4,791 $3,673 $4,959 $3,820 $5,157 $3,973 $5,363 Management Analyst 11(formerly Admin. Analyst 1I) $4,420 $5,967 $4,575 $6,176 $4,758 $6,423 $4,948 $6,680 Park Maintenance Supervisor $4,347 $5,869 $4,521 $6,104 $4,702 $6,348 Plan Check Engineer $7,853 $6,021 $8,128 $6,262 $8,453 $6,513 $8,791 Police Admin. Services M . $7,041 $5,398 $7,287 $5,614 $7,579 $5,839 $7,882 Police Records Su ervisor h$4,200$5,670 $5,627 $4,315 $5,824 $4,488 $6,057 $4,668 $6,299 Princi al Engineer $7,853 $6,021 $8,128 $6,262 $8,453 $6,513 $8,791 Princi al Planner $7,078 $5,427 $7,326 $5,644 $7,619 $5,870 $7,924 Public Works Project Su ervisor $7,092 $5,430 $7,330 $5,647 $7,623 $5,873 $7,928 Purchasin Mana er $6,271 $4,808 $6,491 $5,000 $6,751 $5,200 $7,021 Recreation Services Manager $5,430 $7,331 $5,620 $7,588 $5,845 $7,892 $6,079 $8,208 Recreation Supervisor $3,926 $5,300 $4,063 $5,486 $4,226 $5,705 $4,395 $5,933 Redevelopment Manager $5,986 $8,081 $6,196 $8,364 $6,444 $8,699 $6,702 $9,047 Redevelo mentProjectManager - $4,940 $6,669 $5,113 $6,902 $5,318 $7,178 $5,531 $7,465 Safety and Claims Manager $4,451 $6,009 $4,607 $6,219 $4,791 $6,468 $4,983 $6,727 Senior Citizens Services Supervisor $3,926 $5,300 $4,063 $5,486 $4,226 $5,705 $4,395 $5,933 Senior Community Enhancement Officer $4,175 $5,638 $4,321 $5,835 $4,494 $6,068 $4,674 $6,311 Senior Planner* $4,569 $6,168 $4,729 $6,384 $4,918 $6,639 $5,115 $6,905 Senior Redevelopment Project Manager $5,235 $7,066 $5,418 $7,313 $5,635 $7,606 $5,860 $7,910 Senior Software Developer $5,256 $7,096 $5,440 $7,344 $5,658 $7,638 $5,884 $7,944 Software Development Mana er $6,045 $8,160 $6,257 $8,446 $6,507 $8,784 $6,767 $9,135 Street Maintenance Supervisor $4,280 $5,778 $4,430 $5,980 $4,607 $6,219 $4,791 $6,468 erintendent of Maintenance O s $5,329 $7,195 $5,516 $7,447 $5,737 $7,745 $5,967 $8,055 ommunications Coordinator **** $4 040 $5 454 $4 181 $5 645 1 $4 348 1 $5 871 1 $4 522 $6 106 Z: Salary ranges - Mid-Mgmt rev 1219 06 4 CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) Account Clerk GN060 $2,545 $2,673 $2,806 $2,946 $3,093 1 $2,634 $2,739 $2,849 2 $2,767 $2,878 $2,993 3 $2,904 $3,020 $3,141 4 $3,049 $3,171 $3,298 5 $3,201 $3,329 $3,462 Administrative Assistant I GN090 $2,712 1 $2,807 $2,919 $3,036 (formerly Secretary 1) $2,847 Eff. I1/1/05 per reso 2005-68 $2,990 $3,139 $3,296 2 $2,947 $3,065 $3,188 3 $3,095 $3,219 $3,348 4 $3,249 $3,379 $3,514 5 $3,411 $3,547 $3,689 Administrative Technician GN045 $2,545 1 $2,634 $2,739 $2,849 $2,673 $2,806 $2,946 $3,093 2 $2,767 $2,878 $2,993 3 $2,904 $3,020 $3,141 4 $3,049 $3,171 $3,298 5 $3,201 $3,329 $3,462 Building Inspector GN250 $3,748 1 $3,879 $4,034 $4,195 $3,936 $4,132 $4,339. $4,556 2 $4,074 $4,237 $4,407 3 $4,277 $4,448 $4,626 4 $4,491 $4,671 $4,858 5 $4,716 $4,905 $5,101 Bldg./Eng. Permit Technician GN165 $2,976 1 $3,080 $3,203 $3,331 $3,125 $3,281 $3,445 $3,617 2 $3,234 $3,363 $3,498 3 $3,396 $3,532 $3,673 4 $3,566 $3,709 $3,857 5 $3,744 $3,894 $4,050 Business License Inspector GN170 $2,961 1 $3,065 $3,188 $3,316 $3,109 $3,264 $3,428 $3,599 2 $3,218 $3,347 $3,481 3 $3,378 $3,513 $3,654 4 $3,548 $3,690 $3,838 5 $3,725 $3,874 $4,029 z SalaryRangw Geneml 200 I02009 Page 1 0 4 CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) . Effective 6/28/2008 (4%) Civil Engineeering Assistant GN290 1 $4,131 1 $4,276 $4,447 $4,625 $4,337 $4,555 $4,782 $5,021 2 $4,489 $4,669 $4,856 3 $4,714 $4,903 $5,099 4 $4,949 $5,147 $5,353 5 $5,197 $5,405 $5,621 Communications Technician GN335 $3,194 1 $3,306 $3,438 $3,576 $3,354 $3,522 $3,698 $3,883 2 $3,471 $3,610 $3,754 3 $3,645 $3,791 $3,943 4 $3,827 $3,980 $4,139 5 $4,019 $4,180 $4,347 Community Enhancement Officer GN210 1 $3,398 1 $3,517 $3,658 $3,804 $3,568 $3,746 $3,934 $4,130 2 $3,693 $3,841 $3,995 3 $3,877 $4,032 $4,193 4 $4,072 $4,235 $4,404 5 $4,275 $4,446 $4,624 Community Planner GN325 $4,375 1 $4,528 $4,709 $4,897 $4,594 $4,824 $5,065 $5,318 2 $4,755 $4,945 $5,143 3 $4,993 $5,193 $5,401 4 $5,242 $5,452 $5,670 5 $5,504 $5,724 $5,953 Community Services Coordinator GN315 $3,534 1 $3,658 $3,804 $3,956 $3,710 $3,897 $4,091 $4,295 2 $3,840 $3,994 $4,154 3 $4,033 $41194 $4,362 4 $4,234 $4,403 $4,579 5 $4,445 $4,623 $4,808 Community TV Production Assistantl GN185 $2,758 1 $2,855 $2,969 $3,088 Eff. 1111105 per reso 2005-68 $2,896 $3,041 $3,193 $3,352 2 $2,997 $3,117 $3,242 3 $3,147 $3,273 $3,404 4 $3,305 $3,437 $3,575 5 $3,469 $3,608 $3,752 rSdaryRange General20 to20 Page 2 0 r CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Effective Effective Effective Pay As of 7/1/2006 6/30/2007 6/28/2008 Job Title Range 6/30106 Step (3.5%) (4%) (4%) Computer Services Technician GN200 $3,439 1 $3,559 $3,701 $3,849 $3,611 $3,793 $3,982 $4,181 2 $3,737 $3,887 $4,043 3 $3,926 $4,083 $4,246 4 $4,121 $4,286 $4,457 5 $4,327 $4,500 $4,680 Construction Coordinator GN310 $4,482 1 $4,639 $4,825 $5,018 $4,706 $4,941 $5,188 $5,447 2 $4,871 $5,066 $5,269 3 $5,114 $5,319 $5,532 4 $5,370 $5,585 $5,808 5 $5,638 $5,864 $6,099 Contract Coordinator GN320 $3,602 1 $3,728 $3,877 $4,032 $3,782 $3,971 $4,169 $4,378 2 $3,914 $4,071 $4,234 3 $4,110 $4,274 $4,445 4 $4,315 $4,488 $4,668 5 $4,531 $4,712 $4,901 Cook GN350 1 $2,407 1 $2,491 $3,257 $3,387 Eff. 11/7/06 per reso 2006-91 $2,528 $2,654 $2,786 $2,926 2 $2,617 $3,421 $3,558 3 $2,747 $3,592 $3,736 4 $2,884 $3,770 $3,921 5 $3,028 $3,959 $4,117 New Sala effective 11/7/06: Ste 1-5 $3,132 $3,289 $3,454 $3,625 $3,807 Economic Develo ment Specialist I GN035 $3,453 1 $3,574 $3,717 $3,866 $3,625 $3,806 $3,996 $4,196 2 $3,752 $3,902 $4,058 3 $3,939 $4,097 $4,261 4 $4,136 $4,301 $4,473 5 $4,343 $4,517 $4,698 Engineering Technician GN260 1 $3,678 1 $3,807 $3,959 $4,117 $3,863 $4,055 $4,258 2 $3,998 $4,158 $4,324 3 $4,197 $4,365 $4,540 4 $4,407 $4,583 $4.766 z:SalaryRanges General 20 to 20 Page 0 CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Effective Effective Effective Pay As of 7/1/2006 6/30/2007 6/28/2008 Job Title Range 6/30/06 Step (3.5%) (4%) (4%) $4,471 5 $4,628 $4,813 $5,006 Fire Protection Specialist GN365 $3,748 1 $3,879 $4,034 $4,195 $3,936 $4,132 $4,339 $4,556 2 $4,074 $4,237 $4,407 3 $4,277 $4,448 $4,626 4 $4,491 $4,671 $4,858 5 $4,716 $4,905 $5,101 Housing Program Coordinator GN245 $4,290 1 $4,440 $4,618 $4,803 $4,505 $4,730 $4,967 $5,215 2 $4,663 $4,850 $5,044 3 $4,896 $5,092 $5,296 4 $5,141 $5,347 $5,561 5 $5,398 $5,614 $5,839 Office Assistant I GN010 $1,985 1 $2,055 $2,137 $2,223 (formerly Clerk) Eff. 1111105 per reso 2005-68 $2,084 $2,189 $2,298 $2,412 2 $2,157 $2,243 $2,333 3 $2,266 $2,357 $2,451 4 $2,378 $2,473 $2,572 5 $2,496 $2,596 $2,700 Office Assistant II GN030 $2,276 1 $2,356 $2,450 $2,548 (formerly Clerk Typist) Eff. 1111105 per reso 2005-68 $2,391 $2,510 $2,636 $2,768 2 $2,475 $2,574 $2,677 3 $2,598 $2,702 $2,810 4 $2,728 $2,837 $2,951 5 $2,865 $2,980 $3,099 Operations Technician GN190 $3,145 1 $3,255 $3,385 $3,520 $3,302 $3,467 $3,640 $3,822 2 $3,418 $3,555 $3,697 3 $3,588 $3,732 $3,881 4 $3,767 $3,918 $4,075 5 $3,956 $4,114 $4,279 Parking Enforcement Officer GN080 $2,537 1 $2,626 $2,731 $2,840 $2,664 $2,797 $2,937 2 $2,757 $2,867 $2,982 3 $2,895 $3,011 $3,131 4 $3,040 $3,162 $3,289 z$alaryRange GeneralZ0 1o20 Page 0 CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Effective Effective Effective Pay As of 7/1/2006 6/30/2007 6/28/2008 Job Title Range 6/30/06 Step (3.5%) (4%) (4%) $3,083 5 $3,191 $3,319 $3,452 Photo Technician GN180 1 $3,042 1 $3,149 $3,275 $3,406 $3,194 $3,354 $3,521 $3,697 2 $3,306 $3,438 $3,576 3 $3,471 $3,610 $3,754 4 $3,644 $3,790 $3,942 5 $3,826 $3,979 $4,138 Planning Aide GN175 $2,805 1 $2,903 $3,019 $3,140 (Formerly Planning Permit Technician) Effective 4/23/05 per reso 2005-14 $2,945 $3,092 $3,247 $3,409 2 $3,048 $3,170 $3,297 3 $3,200 $3,328 $3,461 4 $3,361 $3,495 $3,635 5 $3,528 $3,669 $3,816 Planning Assistant GN270 $3,775 1 $3,907 $4,063 $4,226 $3,963 $4,161 $4,369 $4,589 2 $4,102 $4,266 $4,437 3 $4,307 $4,479 $4,658 4 $4,522 $4,703 $4,891 5 $4,750 $4,940 $5,138 Planning Associate GN280 $4,045 1 $4,187 $4,355 $4,529 $4,248 $4,460 $4,692 $4,917 2 $4,397 $4,573 $4,756 3 $4,616 $4,801 $4,993 4 $4,846 $5,040 $5,242 5 $5,089 $5,293 $5,505 Police Officer Recruit GN230 $3,422 1 $3,542 $3,684 $3,831 $3,593 $3,772 $3,960 $4,159 2 $3,719 $3,868 $4,023 3 $3,904 $4,060 $4,222 4 $4,099 $4,263 $4,434 5 $4,305 $4,477 $4,656 Redevelo ment Project Coordinator I GN305 1 $4,903 1 $5,075 $5,278 $5,489 $5,148 $5,404 $5,675 2 $5,328 $5,541 $5,763 3 $5,593 $5,817 $6,050 4 $5,874 $6,109 $6,353 rSalaryflanges General20 to 20 Page 5 0 CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Effective Effective Effective Pay As of 71111016 6/30/2007 6/28/2008 1 Job Title Range 6/30/06 Step (3.5%) (4%) (4%) $5,959 5 $6,168 $6,415 1 $6,672 Re rogra hics Technician GN100 $2,577 1 $2,667 $2,774 $2,885 $2,706 $2,841 $2,983 $3,132 2 $2,801 $2,913 $3,030 3 $2,940 $3,058 $3,180 4 $3,087 $3,211 $3,339 5 $3,242 $3,372 $3,507 Senior Account Clerk GN120 $2,753 1 $2,849 $2,963 $3,082 $2,890 $3,035 $3,187 $3,347 2 $2,991 $3,111 $3,235 3 $3,141 $3,267 $3,398 4 $3,299 $3,431 $3,568 5 $3,464 $3,603 $3,747 Senior Citizens Program Coordinato GN360 1 $3,439 1 $3,559 $3,701 $3,849 $3,611 $3,793 $3,982 $4,181 2 $3,737 $3,887 $4,043 3 $3,926 $4,083 $4,246 4 $4,121 $4,286 $4,457 5 $4,327 $4,500 $4,680 Senior Communications Technician GN240 $3,523 1 $3,6461 $3,792 $3,944 $3,699 $3,883 $4,078 $4,282 2 $3,829 $3,982 $4,141 3 $4,019 $4,180 $4,347 4 $4,221 $4,390 $4,566 5 $4,432 $4,609 $4,793 Storekeeper GN150 $2,837 1 $2,936 $3,053 $3,1 55 $2,979 $3,128 $3,284 $3,448 2 $3,083 $3,206 $3,334 3 $3,238 $3,368 $3,503 4 $3,399 $3,535 $3,676 5 $3,569 $3,712 $3,861 Street Section Coordinator GN312 $3,936 1 $4,074 $4,237 $4,407 Eff.1111105 $4,133 $4,339 $4,556 2 $4,278 $4,449 $4,627 3 $4,491 $4,671 $4,858 4 $4,716 $4,905 $5.101 zSafaryRwges General 20M to 20W Page 6 0 CITY OF WEST COVINA ATTACHMENT 4 EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION (Effective 7/1/06 Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) $4,784 5 $4,951 $5,149 $5,355 Victims Advocate GN140 See* 1 $2,959 $3,077 $3,200 Eff. 7/1/06 * 2 $3,107 $3,231 $3,360 3 $3,262 $3,393 $3,529 4 $3,425 $3,562 $3,705 5 $3,597 $3,741 $3,891 zSalaryRange General 2006 to 2(M Page 7 • • MEMORANDUM • OF UNDERSTANDING City of West Covina And Confidential Employees Represented By The West Covina Confidential Employees Association Three Year Agreement July 1, 2006 through June 30, 2009 Z:Final Cover MOU 7 1 06 to 6 30 09 Confidential 12 06 TABLE OF CONTENTS ARTICLE SUBJECT PAGES ARTICLE ONE RIGHTS AND RESPONSIBILITIES ............... 1-8 ARTICLE TWO SALARIES AND COMPENSATION.................9 -14 ARTICLE THREE WORK PERIODS, SCHEDULES AND OVERTIME................................................15 - 22 ARTICLE FOUR FRINGE BENEFITS......................................23 - 28 ARTICLE FIVE LEAVE POLICIES........................................29 - 44 ARTICLE SIX GENERAL PROVISIONS..............................45 - 47 SIGNATURE PAGE.........................................................................48 APPENDIX "A" CONFIDENTIAL EMPLOYEE UNIT CLASSIFICATIONS......................................49 APPENDIX "B" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA CONFIDENTIAL EMPLOYEES ASSOCIATION REGARDING AGENCY SHOP FOR WEST COVINA CONFIDENTIAL EMPLOYEES ASSOCIATION .... BI-B4 INDEX......................................................................................... SALARY SCHEDULE ATTACHED Z:Final Cover MOU 7 1 06 to 6 30 09 Confidential 12 06 • • • • ARTICLE ONE 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 Manager; and Confidential Employees Association Representatives of the West Covina Confidential Employees Association, (hereinafter referred to as "Confidential Employees Association", representing the Confidential 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. WCCEA Recognized Employee Organization Confidential Employees Pursuant to the provisions 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, the City recognizes the West Covina Confidential Employees Association, representing the Confidential Employees. B. Exclusions Those classifications and positions excluded include employees designated as executive, management, public safety, or hourly. Z:Final Art One MOU 7 106 to 6 30 09 Confidential 12 06 ARTICLE ONE C. Classifications Recognized • Specific classifications recognized by the City of West Covina being represented by the West Covina Confidential Association are listed in Appendix "A" IV. AGENCY SHOP The City and Adams & Associates have a mutual agreement regarding the implementation and administration of Agency Shop for all Confidential Unit Employees. The details of this agreement are set forth in Appendix `B" of this Memorandum of Understanding. V. ASSOCIATIONS 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. Pavrotl Deduction 1. The City shall, during the term of this Agreement, 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 forms approved by the City. 2. The City shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days after receiving the request. 3. The City shall remit to the recognized employee organization the monies from authorized deductions made in accordance with procedures set forth by the City. 4. In the event the employee shall not be entitled to any pay for the first pay period of any month, such deduction shall be made from the wages of such employee earned in the next succeeding pay period in said month. If such employee shall not be entitled to any pay during the succeeding pay period in said month, the City shall not make dues deduction thereafter in respect to the dues of said employee for said month. Z:Fiml Art One MOU 7 106 to 6 30 09 Confidential 12 06 2 ARTICLE ONE • 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 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. 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. 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. Z:Fiml Art Onc MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC CI 3 ARTICLE ONE 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 Association 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 permit 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 contained 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. VI. 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 through 2-228, and Personnel Rules, as amended, and including but not limited to the following rights: 1. To manage the City and to determine policies and procedures and the right to manage the affairs of the City. Z:Final Art One MOU 7 106 to 6 30 09 Confidential 12 06 0 r �J 0 ARTICLE ONE 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. Z:Final Art One MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC C 5 ARTICLE ONE 13. To determine qualifications, skills, abilities, knowledge, selection • procedures and standards, job classifications, and to reallocate and reclassify employees. 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 B. Authority of Thud 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. Z:Final Art One MOU'7 106 to 6 30 09 Confidential 12 06 • ASSOC C 6 • r� u ARTICLE ONE 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. VII. NO STRIKE/JOB ACTION PROVISION 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 refusing 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 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 1. 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. Z:Final Art One MOU 7 106 to 6 30 09 Confidential 12 06 7 ASSOC CITY ARTICLE ONE 2. If the Association performs all of the responsibilities in good faith set forth in C(1) 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. Z:Final Art One MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC C • ARTICLE TWO I. SALARYSCHEDULE A. SALARY SCHEDULE — July 1, 2006 Effective the first day of the pay period beginning on or after July 1, 2006, all employee's in the unit's classifications shall receive a three and one half percent (3.5%) salary adjustment above their classification's current assigned salary range which was in effect in the salary range schedule on or after June 30, 2006. B. SALARY SCHEDULE —June 30, 2007 Effective June 30, 2007, all employees in the unit's classifications shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range. C. SALARY SCHEDULE June 28,200 Effective June 28, 2008, all employees in the unit's classifications shall receive a four percent (4%) salary adjustment salary adjustment above their classification's current assigned salary range. D. SALARIES ROUNDED OFF All salaries shall be rounded to the nearest whole dollar. E. SALARY ADMINISTRATION 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. 2. 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. Z:Final Art Two MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC - � / 4 CIv/ ARTICLE TWO 3. 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. 4. Base Salary Base salary. shall mean only. the assigned salary to any unit classification exclusive of any other type of form of compensation. 5. Extra Pay/Compensation Extra pay shall be defined as compensation above the unit employee's base salary for special assignments, differentials, and bonuses. 6. Y-Rating When a personnel action, such as a demotion due to layoff, reclassification, or job 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. a. "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. b. 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. c. Those unit employees on a job rehabilitation shall be Y-rated upon written agreement and mutual consent between the affected employee and the City. d. Those unit employees on a job rehabilitation shall be Y-rated upon written agreement and mutual consent between the affected employee and the City. II. Deferred Compensation 1. The City shall contribute for each confidential unit employee one hundred ($100.00) per month to a deferred compensation plan. 2. The employee 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. Z:Final Art Two MOU 7 106 to 6 30 09 Confidential 12 06 • ASSOC C 10 ARTICLE TWO • III. Bilingual Allowance — Confidential Employees A. Eligibility 1. The department head shall designate certain unit employees 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. Each department head shall determine the language skills necessary to effectively conduct City business and activities with the citizens of the community, subject to approval of the City Manager. _ 4. Human Resources Department shall certify, through examination, that the employee has a basic fundamental conversational skill level in the second language. B. Compensation 1. Eligible employees assigned to bilingual allowance receive extra compensation of one hundred dollars ($100.00) per month above their salary base. 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 Finance. This extra compensation shall terminate immediately upon the day the assignment is revoked by the Department Head. 3. Each employee who is assigned to Bilingual allowance shall be required to be re -certified once every two (2) years. After two consecutive successful re -certifications no further re -certification shall be required. C. Limitations 1. The City of West Covina shall recognize only the top five (5) languages and dialects determined by the Language Usage Records, maintained by the City's Communications Department. 2. No bilingual allowance can be granted for any other language unless approved by City Manager. • Z:Final M Two MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC CITY 11 . ARTICLE TWO 3. Only one (1) allowance will be paid to an employee regardless of the • number of certified language. IV. 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 shall not exceed, twelve (12) months, unless extension is approved by the City Manager. 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 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 1. Employees All Unit employees serving in an acting status, will be paid five percent (5%) above their base salary after the completion of the thirtieth (30a') calendar day of such appointment until the completion of the appointment, 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. Z:Final Mt Two MOU 7 106 to 6 30 09 Confidential 12 06 12 Ell RtCyWo11WAYC • V. 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 have no due process rights. VI. PERS Employee's Contribution - Paid by City A. Added to Base Salary Reported to PERS There shall be added one percent (I%) to the Employees base compensation paid by the City and payable to each employee an amount which shall be equal to eight percent (8%) of the salary amount reportable to the Public Employees Retirement System. Such eight percent (8%) shall constitute the entire or partial member's contribution required to be made under the System. B. Constitute Deferred Compensation to PERS The amount of additional compensation payable pursuant to this section XI shall constitute deferred compensation and the City shall pay the amount so deferred to the Public Employees Retirement System for the account of the employee entitled thereto as required by Section 20683 of the Government Code. VII. 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. One Year Final Compensation Retirement benefits shall be computed using the One -Year Final Compensation Option under PERS Section 20024.2. C. 2.5% 55 Miscellaneous employees 2.5% at age 55 benefit formula. The City shall pay 100% of PERS employer and employee cost (8%). • Z:Final Art Two MOU 7 106 to 6 30 09 Confidrntial 12 06 ASSOC 1� CITY 13 ARTICLE TWO D. 4th Level Survivor Benefits Fourth Level of 1959 Survivor Benefits PERS Section 21574 for employees covered by this agreement. E. 'Military Buy Back Military service credit as public service credit under PERS section 21024. Z:Final Art Two MOU 7 106 to 6 30 09 Confidential 12 06 14 • ARTICLE THREE WORK PERIODS/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 nonrepresented 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 Period The work hours for unit employees shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods. B. Work Schedules — Unit Employees It is understood that City Hall will remain open Monday through Friday, except for holidays, as set forth in this agreement. 2. The City Manager maintains the final authority to determine work schedules as required. C. 5/8 and 4/10 Work Schedules 5/8 and 4/10 work schedule shall consist of a 7-day work period of forty (40) hours that begins on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m., except as modified by management. D. 9/80 Work Schedule 9/80 work schedule shall consist of a 7-day work period of 40 hours as follows: 1. Work week begins on Monday at 12:00 p.m. and ends the following Monday at 11:59 am. except as modified by management and; • Z:Final Art Three MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC C 15 ARTICLE THREE 2. Work week begins on Friday at 12:00 p.m. and ends the following Friday at • 11:59 a.m., except as modified by management E. 7-Day Work Period — Fixed and Regularly Recurring THEREAFTER, the work periods shall be fixed and regularly recurring 7-day work periods as set forth in the aforementioned. F. 28-Day Work Period — Fixed and Regularly Recurring Employees assigned to 3/12 work schedule shall work a fixed and regularly recurring 28-day work period of 168 hours. III. TIME WORKED A. Maximum Time Worked — 7-Day Work Period 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. B. 36 Hour Work Plan Monthly salary rates for Unit Employees assigned to 3/12 work schedule are based on a 36 hour work plan with the condition that at the end of each month the employee will owe the City sixteen (16) hours of work time to be reconciled in the following manner and order: Scheduled pay back work day(s). 2. Reduction in time and one-half pay. 3. If the employee is unable to reconcile the sixteen (16) hours as stated above, and the employee has four (4) or more hours that remain to be reconciled he/she may work an additional day to reconcile the time. 4. If the employee does not wish to work an additional day or has less than four (4) hours to reconcile at the end of the month, he/she may use vacation or compensatory time to reconcile the time owed the City. Z:Fiml Art Three MOU 7 106 to 6 30 09 Confidential 12 06 16 0 0 ARTICLE THREE IV. TIME NOT CONSIDERED AS WORK TIME — CONFIDENTIAL UNIT EMPLOYEES A. Activities Not Work Time The following activities shall not be considered time worked, except as provided for in this agreement. 1. Non -paid meal breaks. 2. Leave of absence taken without pay. 3. Travel time to work and returning home in either personal or City vehicle. 4. Time in off -duty training assignments (homework, study time, meal time, sleep time, etc.) 5. Off -duty travel to training sites and returning home. 6. Off -duty time putting on and taking off uniforms. 7. Off -duty time for personal preparation and clean-up. 8. Off -duty time spent in the maintenance of City vehicles or equipment. 9. Time worked for which unit employees have already been paid at one and one half (1 %2) time their regular rate of pay within assigned 40-hour work period. 10. Off -duty time spent on court standby time. 11. Any time not authorized as work time. 12. Any time spent by employees in accomplishing voluntary Employee Assistance Program (EAP). V. CHANGE IN WORKING HOURS Any foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be approved by management. Z:Final Art Three MOU 7 106 to 6 30 09 Confidential 12 06 17 ARTICLE THREE VI. 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. Not Used at Beainnina and End of Workshift These breaks may not be used at the beginning or the end of work shift unless authorized by management. B. Benefit and Not a Right Break -rest periods are a benefit and not a right, and time must be earned as any other benefit. C. Rest Period Procedure 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. VII. OVERTIME - ELIGIBLE CONFIDENTIAL UNIT EMPLOYEES 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 non-exempt (see Appendix A) and eligible for overtime and not administrative Z:Final Art Three MOU 7 106 to 6 30 09 Confidential 12 06 ` ASSOC CI 18 0 ARTICLE THREE . leave as 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 leave, holidays, bereavement leave, jury duty and compensatory time off shall be considered hours worked. - B. Employees Covered by FLSA 7 (b) Exemption For employees covered by the 7(b) exemption exception to the Fair Labor Standards Act on the 3/12 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 reconciled the hours owed to the City per this Agreement. Once the employee has reconciled the hours owed to the City per this agreement, the remaining overtime work is paid at time and one-half. C. Overtime Authorization 1. 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. VIII. ELECT TO USE COMPENSATORY TIME — ELIGIBLE CONFIDENTIAL UNIT EMPLOYEES 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 Reguest 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. Z.Final Art Three MOU 7 106 to 6 30 09 Confidmtlal 12 06 ASSOC C 19 IX. X. ARTICLE THREE 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 — ELIGIBLE CONFIDENTIAL UNIT EMPLOYEES A. Increments — Less Than One Hour 1. All authorized time worked which is beyond the unit employee's work shift schedule which is less than one -hour increments shall be compensated in the following manner: Time 0 — 10 minutes 11 — 20 minutes 21 — 30 minutes 31— 50 minutes 51 — 60 minutes Time Worked -0- '/< hour '/2 hour % hour 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. OVERTIME "COMPENSATORY TIME" ACCUMULATED AND PAYMENT - ELIGIBLE CONFIDENTIAL UNIT EMPLOYEES A. Eligibility Confidential unit employees may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank. Z:Final Art Three MOU 7 1 06 to 6 30 09 Confidential 12 06 ASS*e, C 20 0 r� ARTICLE THREE B. Accumulation Total Hours Comp Time — Eligible Confidential Unit Employees a) Eligible Confidential unit employees may accumulate up to a total of eighty (80) compensatory hours, unless otherwise set forth in this agreement. 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 currently hourly rate of pay. 3. Compensatory Time - Change in Classification Any unit employee who changes classification and who has accumulated any hours of compensatory time shall have all their accumulated compensatory hours paid off at their current hourly rate of pay. XI. EMERGENCY OVERTIME REQUIREMENT The City reserves the right to require Confidential Unit employees to work overtime in an emergency as determined by management. XII. 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. Travel time to work and returning home shall not be counted as time worked. 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 immediately as directed by management. Z:Final An Th= MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC C 21 ARTICLE THREE 3. Unit employees on -call status may be required to return to work immediately as directed by management. 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. XIII. CALL-BACK COMPENSATION A. Confidential Unit Employee Call -Back If a Confidential Unit employee is required to return to work at the request of his/her department head while on regularly scheduled time off, the employee shall receive a minimum of two (2) hours pay at the rate of time -and -one-half. 2. Such employee shall be compensated at the applicable rate for all time worked in excess of two (2) hours, which includes necessary travel time from the employee's home to the job site and return. The minimum provided for herein shall not be paid more than twice during any one calendar day. XIII. COURT TIME PAY — ELIGIBLE CONFIDENTIAL UNIT EMPLOYEES Eligible Confidential Unit employees who spend time in court as required beyond the regularly scheduled shift will be paid at a time -and -one-half rate with a two (2) hour minimum guarantee. Z:Final Art Three MOU 7 1 06 to 6 30 09 Confidential 12 06 `VA • ARTICLE FOUR . ARTICLE FOUR I. 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. 2. 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. MEDICAL INSURANCE A. City Monthly Medical Insurance Premium Contribution Effective July 1, 2006 the City shall pay up to Kaiser Plan + 2 or more rate per month towards employee cost of health (medical) insurance premiums for eligible employees. B. Medical Insurance Can - $600.00 The maximum monthly amount unit employees may choose to use towards the City's payment for medical premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at $600 per month. Any cost paid by the City above $600 can only be used for monthly medical premiums. • ZFiml Art Four MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC C 23 IV, V ARTICLE FOUR RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION A. City Contribution Amount 1. 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 amounts in the following IV-A-2 should be paid by the City per month per eligible retiree shall be contributed towards the payment of premiums for retiree health insurance under the Program. Q Effective Date January 1, 2007 January 1, 2008 January 1, 2009 B. If City No Longer in PERS Health Plan Amount Paid Per Month Per City Per Eligible Retiree $80.80 per month $97.00 per month To Be Determined by PERS 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. DENTAL INSURANCE BENEFIT A. Dental Insurance Monthly Premium — City Contribution Effective July 1, 2006, the City shall pay up to a maximum of thirty dollars and ninety-four cents ($30.94) per month for the cost of a dental plan for employees and their qualified dependents. 2. January 1, 2007, the City shall pay up to a maximum of $53.28 per month for the cost of a dental plan for employees and their qualified dependents. VISION PLAN Effective July 1, 2007, the City shall pay for a Vision Plan for employees only. Employees may enroll eligible dependents in the plan, at the employee's cost. Z:Fiml Art Four MOU 7 1 06 to 6 30 09 Confidential 12 06 24 ASSOC i • n;7,ato) inas vilie VI. EMPLOYEE HEALTH BENEFITS COMMITTEE AND STUDY A. Purpose of Committee and Studv The City and Associations agree to participate in Joint Management -Employee Health Benefit Committee which will study the feasibility of withdrawing from the Public Employees' Medical Care Act (PERS Health Care) and participating in other employee health benefit plans which will be studied. B. 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. VIL RETIREE HEALTH SAVINGS PLAN ** The RHS Plan will be subject to regulatory and provider regulations ** EFFECTIVE DATE: JULY 1, 2007 Employee Contribution $25 per month minimum 2. Employer Contribution $75 per month ** 3. Employee may convert vacation accumulation annually pursuant to any existing MOU provisions for his/her bargaining unit for deposit into RHS (refer to Article Five, II., F.2. a. and b.) ** 4. Employee may deposit any annual sick leave cash out pursuant to any existing MOU provisions into RHS. ** 5. Employee may deposit up to 100% of vacation payoff at retirement/termination into RHS. ** 6. Employee may deposit any sick leave payoff at retirement/termination into RHS. Any hours not cashed out or deposited into RHS at retirement will continue to be applied as PERS service time credit. 7. Employer Lump Sum RHS Contribution A. Employee must be full time West Covina City employee as of 7/1/06 to qualify for this benefit. B. Employee must take a service or disability retirement from the City of West Covina to qualify for this benefit Z:Final Art Fow MOU 7 106 to 6 30 09 Confidwtial 12 06 ASSOC C 25 1 ARTICLE FOUR C. Lump sum RHS contribution 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). D. To obtain the lump sum benefit employee must retire from the City of West Covina by 7/1/17 or after the first pay period following the employee's 62"d birthday, whichever comes fast. Unit employees who are age 62 within the first six months of the program shall have six months beyond their 62"d birthday to retire before losing any lump sum entitlement. E. Employees working beyond the sunset provisions under D above will have their lump sum amount reduced by $900 each year after the 10 year/age 62 provision until they retire. AMOUNT OF BENEFIT *Employee's Years of Service as of 7/1/07 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 service credit. (part-time hours do not count toward service credit) VIII. 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. IX. STATE DISABILITY INSURANCE — CONFIDENTIAL UNIT EMPLOYEES The City agrees to make available to Confidential Unit employees, at the employee's expense, SDI as provided through the State of California. Z:Final An Fow MOU 7 106 to 6 30 09 Confidmtial 12 06 ASSOC C 26 • 0 ARTICLE FOUR Is X. LIFE INSURANCE A. Term Policy - Confidential Unit Employees The City shall provide all confidential unit employees a term life insurance policy in the amount of $50,000. B. Retired Employee Life Insurance The City shall provide all City employees who retire from the City a term life insurance in the amount of $500. XI. 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. XIL UNIFORM REQUIREMENTS 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. 3UH. TUITION REIMBURSEMENT PROGRAM A. Maximum Reimbursement — Confidential Employees Confidential unit employees' maximum tuition reimbursement (including books) shall be one thousand one hundred and thirty dollars ($1130.00) per fiscal year. • ZFinal M Four MOU 7 106 to 6 30 09 Confidemial 12 06 ASSOC Al C 27 M XV. ARTICLE FOUR B. Administrative Policv The specific details of the Tuition Reimbursement Program is set forth in Administrative Policy approved on August 13, 1992, and amended thereafter. MILEAGE REIMBURSEMENT — PRIVATE VEHICLE A. Usine 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 Policv The specific details of the mileage reimbursement policy is set forth in Administrative Policy approved on February 8, 2003, and amended thereafter. 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 which they would not otherwise be entitled to shall be subject to: a) denial of requested benefits; and/or b) disciplinary action up to and including removal. Z:Final Art Four MOU 7 106 to 6 30 09 Confdmtial 12 06 NM • • 4" �1181RalyuI ARTICLE FIVE LEAVE POLICIES I. HOLIDAYS A. Official Fixed Holidays The City shall recognize the following days as official City fixed holidays: New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (unless Christmas falls on a Saturday, Sunday, or Monday) Christmas Day 2. Fixed Holidays — 8 Hours Leave With Pav Each fixed holiday granted to employees shall be eight (8) hours of time off with pay. Any additional time taken off above eight (8) hours per each fixed holiday must be deducted from the employee's other leaves, such as vacation, floating holiday leave, or compensatory time. B. Floating Holiday Leave (Previously Referred to as "Personal Leave") In addition to the City's fixed holidays, Confidential Unit employees shall be eligible to use up to forty (40) hours of Floating holiday leave per each calendar year as approved by management. 2. 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. Z:Final M Five MOU 7 106 to 6 30 09 Confidential 12 06 ASSO C 29 C. D. E. F. ARTICLE FIVE 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. Floating Holiday Leave 1. 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. Floatine 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. Floating Holiday Leave — Terminating Employees 1. 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. 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. Z:Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 30 • • ARTICLE FIVE • G. 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, bereavement leave, jury duty, and injured on duty. H. Observation of Saturday and Sunday Holidays For those employees whose normal workweek 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. 2. When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. I. 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 eight (8) hours leave time for the holiday. This time can be taken as either eight (8) hours "holiday in lieu" leave time, compensatory time, or pay at straight time at the employee's hourly rate of pay, at the discretion of the employee. J. Holiday Scheduling The City reserves the right to require employees to work on fixed holidays. H. 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: • Z:Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC C 31 ARTICLE FIVE Months of Service Hours Accumulated Per Pay Period Hours Accumulated Per Month Maximum Accruals 1 — 60* 3.08 6.67 240 61-108 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 60 months add 40 hours C. Limitation — Vacation Leave Accrual Employees shall not be allowed.to accrue vacation leave beyond the stated maximums. 2. 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. 3. 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, the Human Resources Director will 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 If a fixed holiday falls within a scheduled vacation period, eight (8) additional hours of vacation leave shall be granted. E. Payment for Unused Vacation Leave Time at Termination 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 leave time on the effective date of termination. • Z:Fioal Art Five MOU 7 106 to 6 30 09 Confidential 12 06 / • ASSOC C CI 32 • • ARTICLE FIVE F. Pavment 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. Confidential Unit Employees a. Confidential Unit employees with less than five (5) years City service, exempt or non-exempt, may receive payment in lieu of up to forty (40) hours of accumulated vacation time in any one calendar 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 department head. b. Confidential Unit employees with five (5) or more years of City service, exempt or non-exempt, may receive payment in lieu of up to eighty (80) hours accumulated vacation time in any one calendar 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 department head. G. Advance Pavment for Vacation 1. Any employee who is authorized to take forty (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. 2. 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. 3. 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 and Finance Director. Z:Fiml Art Five MOU 7 106 to 6 30 09 Confidential 12 06 33 IV. ARTICLE FIVE H. 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. I. 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. J. Vacation — Retiree Health Savings ** The RHS Plan will be subject to regulatory and provider regulations ** Employee may convert annual vacation accumulation as stated in Article Five, II., F.2. a. and b. above into Retiree Health Savings Plan. ADMINISTRATIVE LEAVE — ELIGIBLE CONFIDENTIAL UNIT EMPLOYEES A. Amount of Administrative Leave Exempt Confidential Unit employees as defined in Appendix A are eligible for up to sixty (60) hours per year of Administrative Leave, pro- rata, based upon date -of -hire or entrance into a Confidential position, effective January 1 of each year. Unit employees eligible for Administrative Leave are not eligible for overtime. B. Administrative Leave Policy The specific details of the Administrative Leave Policy is set forth in Administrative Policy approved October 1, 1996, and amended thereafter by the City Manager. SICK LEAVE A. Sick Leave Benefit Sick leave is a benefit and not a right and 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. Z:Final Art Five MOU 7 1 06 to 6 30 09 Confidential 12 06 34 1�1 F41VI4414IF3/ y U d • B. Sick Leave Earned Employees shall accrue ninety-six (96) hours of sick leave per calendar year. 2. 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 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 of a pay period, he/she shall continue to accrue 3.69 hours of sick leave per pay period. 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. 2. 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 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. 2. The maximum amount of sick leave hours cashed each calendar year at the employee's hourly rate is forty (40) hours. 3. Each employee must carry over to a sick leave "bank" a minimum of fifty- six (56) current year unused hours in December, and may request cash • Z:Final Art Five MOU 7 106 to 6 30 09 CoM;dmtW 12 06 ASSOC CI 35 *7 ARTICLE FIVE payment for any hours above fifty-six (56) current year unused hours or • may add it to the sick leave bank. 4. Sick leave used by an employee during each calendar year will be charged against the employee's current year earnings. 5. If fifty-six (56) 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. To qualify for this program, employees shall not be allowed to change sick leave to other forms of paid leave. E. Sick Leave Payoff Upon Termination Confidential unit employees, upon termination of over three (3) 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. F. Use of Sick Leave 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. Employee's 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. Z:Final Aft Five MOU 7 106 to 6 30 09 Confidential 12 06 • ASSOC C 36 • 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. 2. The phrase "immediate family," for the use of sick leave, is defined under Bereavement Leave of this Article Five, as spouse, parent, grandparent, brother, sister, child, stepchild, grandchild, and in-laws. H. Temporary Disability A City employee who is entitled to temporary disability indemnity under Div. 4, Div. 4.5 of the State 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. 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: Disability arising from sickness or injury purposely self-inflicted or caused by any of his/her own willful misconduct. 2. Sickness or disability sustained while on leave of absence, other than regular vacation leave or sick leave. 3. Disability or illness arising from compensated employment other than with the City of West Covina. • Z:Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC CI 37 ARTICLE FIVE J. Sick Leave During Vacation • Sick leave shall not be used in lieu of or in addition to 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 after 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. Iniury/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 to be permanent and stationary and unable to return to their usual and customary duties. 2. 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 Z:Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 l� ASSO CITY/ / 38 L-V is • ARTICLE FIVE California based upon such injury or illness. When and while applicable, this section shall supercede 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, 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 Military leave with pay shall be granted in accordance with Section 395 of the State Military and Veteran's Code. Z:Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 39 AS SO C ARTICLE FIVE B. Inactive Military Service • I. Any unit employee who is on inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken 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. 2. Pay for such purposes shall not exceed thirty (30) days in any one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency 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 1. 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. 2. 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 Medical and Dental Insurance benefit 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. Z:Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 • ASSOC C 40 L is ARTICLE FIVE VIIL JURY DUTY 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 Citv The City will grant an employee required to serve on jury duty, or to report for examination to serve on jury duty, one (1) time for a maximum of 160 hours, paid leave for such purposes during any three (3) consecutive years of employment. All fees received by the employee for jury 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. Only those employees with at least one (1) year of continuous City employment shall be eligible. B. Family Illness Leaves due to serious health condition of a child, spouse or parent 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. ZFinal Art Five MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC . & CI 41 X. XI. ARTICLE FIVE C. Use of Paid Leave 1. Paid benefit time such as vacation, personal leave days, compensatory time and administrative leave may be taken during any family leave period so Iong 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 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. 2. 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). 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 months and subject to such conditions as the City Council may deem advisable. 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. The aggregate of all such leave shall not be more than one year. 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 year of continuous service. Z.Final Art Five MOU 7 106 to 6 30 09 Confidential 12 06 ASSOC CI 42 ' 17J ARTICLE FIVE • 2. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason. D. Leave of Absence Without Pay - Duration 1. 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. 2. 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. 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 salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken. . ZTinal Art Five MOU 7 106 to 6 30 09 ConfidewW 12 06 ASSOC C 43 ARTICLE FIVE XII. FAILURE TO RETURN FROM LEAVE 1. 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. 2. The City reserves the right to revoke or cancel any authorized leave for reasons, which the City fords to be sufficient. Z:Fiml Art Five MOU 7 106 to 6 30 09 Confidential 12 06 ©. :7 0 • ARTICLE SIX ARTICLE SIX I. 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. 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 Associations 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 Associations shall, upon the request of either party, meet and confer in an effort to agree upon a successor provision. Z:Final An Six MOU 7 1 06 to 6 30 09 Confidential 12 06 K, IV. V. 1I/ 0 ARTICLE SIX 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 asserted hereunder or otherwise. This memorandum of Understanding is not intended to cover any matters preempted by Federal or State law. B. Personnel and Departmental Rules 1. 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. 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 Associations regarding such changes. 4. Nothing provided herein shall prevent the City from implementing such rules and regulations provided it has met with the Associations as required. 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. 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 Associations which would take effect on or after July 1, 2009, the Associations shall serve upon the City Manager a written request to meet and confer no later than February 1, 2009, Said request shall contain all of the proposed changes in wages, hours, and conditions of employment proposed by the Associations to take effect on or after July 1, 2009. Z:Final Att Six MOU 7 106 to 6 30 09 Confidmtial 12 06 ASSO 46 • is 0 • ARTICLE SIX VII. RATIFICATION AND IMPLEMENTATION A. ACKNOWLEDGEMENT 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, fiinge 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 Associations and entered into on this 14`s day of December 2006. 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, 2006 and terminating after June 30, 2009 Z:Final Art Six MOU 7 106 to 6 30 09 Conf,drntial 12 06 47 PARTIES TO THE AGREEMENT Confidential Employees Association Matt Robold, President Confidential Employees Association Llfdia de Zara(Representative Confidential Employees Association Thea McAlpine, Representative Confidential Employees Association ARTICLE SIX CZAd Covina Assistant City Manager and Interim Human Resources Director - Chief Negotiator - Thomas achman, finance Director Co -Chief Negotiator Traci Bafley-Hudi6n, Management Analyst II IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed this 14 day of December 2006. Confidential Employees Association By. Matt Robold PCsid�+� APPROVED AS TO FORM Z:Fiml Art Six MOU 7 106 to 6 30 09 Confidential 12 06 City of West C a Andrew G. Pasmant, City Manager ASSOC C 48 • APPENDIX "A" CITY OF WEST COVINA CONFIDENTIAL EMPLOYEE UNIT The following are those classifications, which have been recognized by the City to be assigned to the Confidential Employee Unit: JOB TITLES/CLASSIFICATIONS (EXEMPT — Not Eligible for Overtime) Accountant Criminal Justice Research Analyst I, H Deputy City Clerk Operations Analyst Programmer Analyst I Programmer Analyst II Reprographics Supervisor Revenue Services Supervisor User Support Specialist JOB TITLES/CLASSIFICATIONS (VON -EXEMPT — Eligible for Overtime) Accounting Technician Administrative Aide Community TV Producer Senior Administrative Assistant (formerly Department Administrative Assistant) Departmental Aide Purchasing Assistant Administrative Assistant II Executive Assistant to City Manager Software Developer NOTE: Exempt status will be determined according to FLSA if new positions are added to the Unit during the term of this contract. Revised 11/2006 Z:Final Appendix A MOU 7 106 to 6 30 09 Confidential 12 06 m APPENDIX "B" is MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA CONFIDENTIAL EMPLOYEES ASSOCIATION REGARDING AGENCY SHOP FOR WEST COVINA CONFIDENTIAL EMPLOYEES ASSOCIATION I. PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of West Covina (hereinafter "City") and West Covina Confidential Employees Association (hereinafter "Association") as a mutual agreement regarding the procedures for the administration of any agency shop arrangement entered into by the parties as authorized by Government Code Section 3502.5 (Meyers-Milias-Brown Act). H. PURPOSE The City and the Association mutually understand and agree that all affected employees in the Confidential Units have the right to join or not join the Association. It is the purpose of this MOU to establish fair and equitable procedures for the determination of any agency shop arrangements that may be properly approved by the City employees in eligible job classifications in the unit represented by the Association and the City. III. ASSOCIATION MEMBERS Current employees in the Confidential Unit who are now Association members shall remain Association members for the period of this Agreement. Employees who are hired after this Agreement is approved by the City Council and who are in a job classification within the representation unit of the Association covered by this Agreement, shall within the first pay period from the date of commencement of duties as an employee, become a member of the Association or pay to the Association a service fee; provided, however that the unit member may authorize payroll deduction for such fee. Excepted from the above are Confidential temporary, seasonal or hourly employees. IV. DUES DEDUCTION Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a payroll deduction card is submitted to the Finance Director in sufficient time to permit normal processing of the change or deduction. Z:Finel Appendix B MOU 7 106 to 6 30 09 Confidential 12 06 B1 ASSOC1 C E APPENDIX `B' 3. The City shall not deduct monies specifically earmarked for any political action committee or any other political activities. 4. The Association shall be fully responsible for expending funds received under this Agreement consistent with all legal requirements for expenditures of employee dues, which are applicable to public sector labor organizations. V. CONDITION OF CONTINUED EMPLOYMENT The parties agree that the obligations herein are a condition of continued employment for Unit members. The parties further agree that the failure of any Unit member covered by this Agreement to remain a member in good standing of the Association or to pay a service fee during the term of this Agreement shall constitute, generally, cause for termination. 2. Whenever a Unit member shall be delinquent in the payment of dues or fees, the Association shall give the Unit member written notice thereof and fifteen (15) calendar days to cure the delinquency; a copy of said notice shall be forwarded to the City's Human Resources Director and Finance Director. In the event the Unit member fails to cure said delinquency, the Association shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable laws and City's Personnel Rules. VI. CONSCIENTIOUS OBJECTION No Unit member shall be required to join the Association or to make a service fee payment if the Unit member is an actual, verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such Unit member has verified the specific circumstances. Such employee must, instead arrange with the Association to satisfy his/her obligation by donating the equivalent amount to a non -labor, non -religion charitable fund, tax-exempt under Section 501(c)(3) of the Internal Revenue Code (IRC), chosen by the employee, from the following (1) United Way, (2) Salvation Army, or (3) Red Cross. VII. ASSOCIATION RESPONSIBILITY— `°HUDSON NOTICE" The Association agrees to provide notice and maintain constitutionally acceptable procedures to enable non-member service fee payers to meaningfully challenge the propriety of the use of service fees as provided for in Chicago Teachers Union, Local No. 1, AFT, 31ITM AFL-CIO et al. v. Hudson, 106 S.Ct. 1066 (1986). Such notice and procedures shall be provided to non-member service fee payers for each year that the agency shop agreement is in effect. Zlinal Appendix B MOU 7 106 to 6 30 09 Confidential 12 06 ASSO B2 C APPENDIX `B' VHI. FINANCIAL REPORTING REQUIREMENTS OF THE ASSOCIATION The Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request to the employees who are members of the Association within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor -Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. DL INDEMNIFICATION The Association agrees to defend, indemnify and hold harmless the City of West Covina and its officers and employees from any claim, loss, liability, suits or cause of action of any nature whatsoever arising out of the operation of this Article. The Associations indemnity and liability obligation is more fully set forth as follows: The Association shall defend, indemnify and hold harmless the City of West Covina and its officers, managers, and employees from any claim, loss, liability, suits, cause of action of any nature or administrative proceeding arising out of the operation of this Agreement. Upon commencement of such legal action, administrative proceeding, or claim, the Association shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its officers and employees because of any application of this Agreement shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the Association shall not diminish the Associations defense and indemnification obligations under the Agreement. 2. The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform the Association of such action, provide the Association with all information, documents, and assistance necessary for Association defense or settlement of such action and fully cooperate with the Association in providing all necessary employee witnesses and assistance necessary for said defense. The cost to any such assistance shall be paid by the Association. The Association upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. The Association upon final order and judgment of a Court of competent jurisdiction awarding damage or costs to any employee, shall pay all sums owing under such order and judgment. Zlinal Appendix B MOU 7 106 to 6 30 09 Confidential 12 06 0 B3 •ASSOC C • APPENDIX'B' X AGREEMENT RESCINDED BY VOTE OF EMPLOYEE This Agency Shop Agreement shall be null and void if rescinded by a vote of employees in the Unit pursuant to Government Code Section 3502.5(b). XI. EFFECT OF LEGISLATIVE OR JUDICIAL REVISION, REVERSAL OR INTERPRETATION In the event that the agency fee provisions contained in Govt. Code Sec. 3502.5 are reinterpreted, revised or reversed by action of the California Legislature or by Judicial determinations pursuant to legal challenges, this Agreement shall be revised or nullified accordingly in whole or in part. 0 Z:Final Appendix B MOU 7 106 to 6 30 09 Confidential 12 06 m INDEX • A Acting Pay Assignment Eligibility........................................................................................................................ 11 Compensation Employees........... :...................................................................................................... 12 Limitations Appointments to Higher Level Positions............................................................ 12 Administrative Leave Amount of Administrative Leave..............:........................................................................... 34 Administrative Leave Policy................................................................................................ 34 AgencyShop....................................................................................................................... 2 Agency Shop Language Preamble........................................................................................................................ B1 Purpose.......................................................................................................................... B1 Association Members........................................................................................................ B1 DuesDeduction............................................................................................................... 131 Condition of Continued Employment..................................................................................... B2 Conscientious Objection, ................................................................................................... 62 Association Responsibility — "Hudson Notice........................................................................... B2 Financial Reporting Requirements of the Association............................................................... B3 Indemnification................................................................................................................. B3 Agreement Rescinded by Vote of Employee........................................................................... 64 Effect of Legislative or Judicial Revision, Reversal or Interpretation ............................................. B4 Amendments to Memorandum of Understanding........................................................................ 46 Article One: Rights and Responsibilities................................................................................... 1-8 Article Two: Salaries and Compensation.................................................................................. 9 - 14 Article Three: Work Periods/Schedules/Overtime/Compensatory Time ........................................... 15 — 22 Article Four: Fringe Benefits................................................................................................... 23 — 28 Article Five: Leave Policies................................................................................................... 29 — 44 Article Six: General Provisions............................................................................................... 45 — 47 Associations and Employee Rights and Responsibilities Association and Employee Rights....................................................................................... 2 PayrollDeduction............................................................................................................ 2 Indemnification................................................................................................................ 3 Association Benefit Plans — Dues........................................................................................ 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3-4 Release Time — Grievances............................................................................................... 4 BulletinBoards................................................................................................................ 4 L� BereavementLeave............................................................................................................. 39 Bilingual Allowance Eligibility........................................................................................................................ 11 Compensation................................................................................................................ 11 Limitations..................................................................................................................... 11 -12 Breaks — Rest Periods Two 15 — Minute Breaks — Rest Periods............................................................................... 18 Numberof Breaks........................................................................................................ 18 Non-accumulative........................................................................................................ 18 Not Used at Beginning and End of Workshift..................................................................... 18 Benefitand Not a Right..................................................................................................... 18 Rest Period Procedure..................................................................................................... 18 Scheduled Not to Impair Service.................................................................................... 18 • Lengthof Rest Period.................................................................................................. 18 Z:Final Confidential MOU Index 12 06 C all -Back Compensation Confidential Unit Employee Call-Back................................................................................... 22 Changein Working Hours...................................................................................................... 17 Classifications, Confidential Employee Unit............................................................................... 49 Compensatory Time — Eligible Confidential Unit Employees Approval........................................................................................................................ 19 Once Comp Time is Approved No Request for Cash Payment .................................................. 19 Useof Compensatory Time............................................................................................... 20 See also, Overtime "Compensatory Time" Accumulated and Payment CourtTime Pay................................................................................................................... 22 DeferredCompensation......................................................................................................... 10 Definitions — Call-back, Stand -By, On -Call, and Court Stand -By "On -Call" Call-back........................................................................................................................ 21 Stand-by........................................................................................................................ 21 -22 CourtStand-by "On-Call"................................................................................................... 22 Dental Insurance Benefit Dental Insurance Monthly Premium — City Contribution............................................................ 24 Disability Leave, Work Related............................................................................................... 38 - 39 E Emergency Overtime Requirement.......................................................................................... 21 Emergency Waiver Provisions................................................................................................ 45 Employee Health Benefits Committee and Study Purpose of Committee and Study........................................................................................ 25 New Health Benefit Plan — Meet and Confer.......................................................................... 25 F Failure to Return from Leave ................................................ :................................. ................ 44 Family Care Leave Birthor Adoption............................................................................................................. 41 FamilyIllness.................................................................................................................. 41 Useof Paid Leave........................................................................................................... 42 Floating Holiday, see Holidays FringeBenefits.................................................................................................................... 23 — 28 Fringe Benefits Administration Provision Administration................................................................................................................. 23 Selectionand Funding...................................................................................................... 23 Changes........................................................................................................................ 23 GeneralProvisions............................................................................................................... 45 - 47 Gender.............................................................................................................................. 1 Z:Final Confidential MOU Index 12 06 H Health Benefits, see Medical Insurance, Dental Insurance, Vision Plan, Retiree Health Benefit • Health Benefits, Committee and Study..................................................................................... 25 Holidays OfficialFixed Holidays...................................................................................................... 29 Fixed Holidays — 8 Hours Leave With Pay........................................................................ 29 Floating Holiday Leave (Previously Referred to as `Personal Leave") ......................................... 29-30 FloatingHoliday Leave..................................................................................................... 30 Floating Holiday Leave — Reinstated Employees................................................................... 30 Floating Holiday Leave —Terminating Employees.................................................................. 30 Limitations on Holiday Leave..........................................:.................................................. 30 PaidStatus Eligibility........................................................................................................ 31 Observation of Saturday and Sunday Holidays...................................................................... 31 Holidays Occurring on Regular Scheduled Day Off................................................................. 31 HolidayScheduling.......................................................................................................... 31 Hoursof Work Policy............................................................................................................ 15 Insurance, see Life Insurance, Long Term Disability Insurance, Medical Insurance, Dental Insurance, Vision Plan, PERS Retirement Benefits, State Disability Insurance J Jury Duty JuryDuty Policy............................................................................................................... 41 JuryFees Returned to the City........................................................................................... 41 L Leave of Absence with Pa (Special) .......................... 42 Leave of Absence Without Pay Unauthorized Absence — Automatic Termination.................................................................... 42 Unauthorized Absence — Other Disciplinary Action................................................................. 42 AuthorizedAbsence........................................................................................................ 42-43 Leave of Absence Without Pay — Duration........................................................................... 43 Leave of Absence — Employee Injured on Job...................................................................... 43 Accrualof Benefits.......................................................................................................... 43 Leave, Failure to Return from................................................................................................ 44 LeavePolicies.................................................................................................................... 29 - 44 Leaves, see also Article Five, Bereavement, Compensatory Time, Holidays, Floating Holiday, Jury Duty, Military Leave, Sick Leave, and Vacation Life Insurance TermPolicy - $50,000...................................................................................................... 27 Retired Employee Life Insurance - $500............................................................................... 27 Limitationon Assignments.................................................................................................... 13 Long Term Disability Insurance Benefit........................................................................................................................... 27 MoreSpecific Information.................................................................................................. 27 M Management Rights and Responsibilities ManagementRights......................................................................................................... 4-6 Authority of Third Party Neutral........................................................................................... 6 • Impactof Management Rights............................................................................................ 6 Z:Final Confidential MOU Index 12 06 Medical Insurance City Monthly Medical Insurance Premium Contribution............................................................ 23 MedicalInsurance Cap..................................................................................:.................. 23 eet and Confer, Notice of Future........................................................................................... 46 mileage Reimbursement— Private Vehicle Using Private Vehicles for Approved City Business................................................................. 28 Mileage Reimbursement Rate............................................................................................ 28 AdministrativePolicy........................................................................................................ 28 Military Leave State Military and Veteran's Code....................................................................................... 39 Inactive Military Service.................................................................................................... 40 Active Military Service...................................................................................................... 40 Misuseof Benefits............................................................................................................... 28 k, No Strike/Job Action Provision ProhibitedConduct.......................................................................................................... 7 EmployeeTermination...................................................................................................... 7 Association Responsibilities............................................................................................... 7-8 Notice of Future Meet and Confer............................................................................................ 46 n Overtime — Eligible Confidential Unit Employees OvertimePolicy............................................................................................................... 18 - 19 Employees Covered by FLSA 7 (b) Exemption...................................................................... 19 Overtime Authorization..................................................................................................... 19 Overtime "Compensatory Time" Accumulated and Payment Eligibility........................................................................................................................ 20 Accumulation.................................. ---- ...... :.... .......................................................... 21 TotalHours Comp Time................................................................................................ 21 Compensatory Time at Termination................................................................................. 21 Compensatory Time Change in Classification.................................................................... 21 Overtime, Emergency Requirement......................................................................................... 21 I Parties to Memorandum of Understanding Confidential Employees Association................................................................................ 1 Parties to the Agreement (Signature Page)................................................................................ 48 PERS Employee's Contribution — Paid by City Added to Base Salary Reported to PERS.............................................................................. 13 Constitute Deferred Compensation to PERS......................................................................... 13 PERS Retirement Benefits UnusedSick Leave.......................................................................................................... 13 OneYear Final Compensation............................................................................................ 13 2.5% @ 55..................................................................................................................... 13 4tnLevel Survivor Benefits .................... ............................................ .......... ---- ... .......... 14 MilitaryBuy Back............................................................................................................. 14 Provisions of Memorandum Sole and Entire Memorandum of Understanding..................................................................... 46 Personnel and Departmental Rules..................................................................................... 46 0 Z:Final Confidential MOU Index 12 06 R Ratification and Implementation • Acknowledgement............................................................................................................ 47 Mutual Recommendation................................................................................................... 47 Ratification..................................................................................................................... 47 Term or Memorandum of Understanding.............................................................................. 47 Recognition WCCEA Recognized Employee Organization — Confidential Employees ...................................... 1 Exclusions ...................... 1 Classifications Recognized................................................................................................ 2 Retiree Health Benefit — City's Monthly Contribution City Contribution Amount................................................................................................... 24 If City No Longer in PIERS Health Plan................................................................................. 24 Retiree Health Savings Plan................................................................................................... 25 - 26 Rights and Responsibilities _.- Association and Employee Rights....................................................................................... 2 PayrollDeduction............................................................................................................ 2 Indemnification............................................................................................................... 3 Association Benefit Plans — Dues....................................................................................... 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3-4 Release Time — Grievances............................................................................................... 4 BulletinBoards................................................................................................................ 4 S Salaries and Compensation................................................................................................... 9 - 14 Salary Schedule Salary Schedule — July 1, 2006............................................................................................ 9 Salary Schedule — June 30, 2007......................................................................................... 9 Salary Schedule — June 28, 2008......................................................................................... 9 SalariesRounded Off....................................................................................................... 9 Salary Administration Specific Information in Personnel Rules........................................................... I............... 9 Effective Date of Step Increases and Extra Compensation................................................... 9 Right to Raise Salaries, Other Compensation and Benefits ................................................... 9 BaseSalary ............................................................................................................... 9 Extra Pay/Compensation.................................:............................................................ 9 Y-Rating.................................................................................................................... 9 Section125 Plan.................................................................................................................. 26 Severability Provision MOU Remains in Full Force and Effect................................................................................. 45 Successor Provision......................................................................................................... 45 Sick Leave SickLeave Benefit........................................................................................................... 34 SickLeave Earned.......................................................................................................... 35 Reinstatement of Sick Leave............................................................................................. 35 Sick Leave Annual Payoff Program..................................................................................... 35-36 Sick Leave Payoff Upon Termination................................................................................... 36 Useof Sick Leave............................................................................................................ 36 Approval.................................................................................................................... 36 Physician's Certificate on Use of Sick Leave..................................................................... 36 Physical Examination May be Required........................................................................... 37 Use of Sick Leave — Care of Immediate Family...................................................................... 37 TemporaryDisability........................................................................................................ 37 SickLeave Limitations...................................................................................................... 37 Sick Leave During Vacation.............................................................................................. 38 Holiday During Sick Leave................................................................................................. 38 Use of Sick Leave to Offset Disability Retirement................................................................... 38 Z:Final Confidential MOU Index 12 06 Special Leave of Absence with Pay......................................................................................... 42 0 State Disability Insurance...................................................................................................... 26 Time not Considered as Work Time — Confidential Unit Employees Activities not Work Time.................................................................................................... 17 Time Work Increments — Eligible Confidential Unit Employees Increments — Less Than One Hour...................................................................................... 20 Incidental Overtime — Not Compensabte............................................................................... 20 Increments Over One Hour................................................................................................ 20 Time Worked Maximum Time Worked — 7-Day Work Period........................................................................ 16 36 Hour Work Plan.......................................................................................................... 16 Tuition Reimbursement Program MaximumReimbursement............................................................................................... 27 AdministrativePolicy....................................................................................................... 28 U UniformRequirements........................................................................................................... 27 V Vacation VacationPolicy............................................................................................................... 31 Vacation Leave Eamed and Accumulated............................................................................ 31 Limitation — Vacation Leave Accrual.................................................................................... 32 Vacation Leave Accrual for Holidays.................................................................................... 32 Payment for Unused Vacation Leave Time at Termination....................................................... 32 Payment for Unused Vacation............................................................................................ 33 Eligibility.................................................................................................................... 33 ConfidentialUnit Employees.......................................................................................... 33 Advance Payment for Vacation.......................................................................................... 33 Vacation Leave — Reinstated/Reemployed Employees............................................................ 34 Vacation Leave — New Employees...................................................................................... 34 Vacation — Retiree Health Savings .......... ............................................ :................................ 34 VisionPlan......................................................................................................................... 24 W Waiver Provision on Bargaining During Term Agreement............................................................. 45 Work Periods/Schedules/Overtime/Compensatory Time.............................................................. 15 — 22 Work Periods 7-Day Work Period........................................................................................................... 15 Work Schedules — Unit Employees .................................. :.................................................... 15 5/8 and 4/10 Work Schedules............................................................................................. 15 9/80 Work Schedule......................................................................................................... 15-16 7-Day Work Period — Fixed and Regularly Recurring............................................................... 16 28-Day Work Period — Fixed and Regularly Recurring............................................................. 16 Work Related Disability Leave Injury/Illness Arising Out Of and In the Course of Job Duties ..................................................... 38 Temporary Disability Compensation.................................................................................... 38 - 39 Salary Step Increases During Leave.................................................................................... 39 Reviewof Safety Committee.............................................................................................. 39 9workingHours, Change In..................................................................................................... 17 Z:Final Confidential MOU Index 12 06 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES • CONFIDENTIAL EMPLOYEES ASSOCIATION As of 6/30/06 Effective 7/1/06 3.5% Effective 6/30/07 4% Effective 6/28/08 4% Job Title Beg Range Top Range Beg Range Top Range Beg Range_ Top Range Beg Range Top Range Accountant $3,640 $4,914 $3,767 $5,086 $3,918 $5,289 $4,075 $5,501 Accounting Technician $2,759 S3,7251 $2,856 $3,855 $2,970 $4,009 $3,089 $4,169 Administrative Aide $2,878 $3,8861 $2,979 $4,021 $3,098 $4,182 $3,222 $4,349 Administrative Assistant II (formerly Secretary II $2,705 $3,652 $2,801 $3,780 $2,913 $3,931 $3,030 $4,088 Community TV Producer $3,287 $4,437 $3,402 $4,592 $3,538 $4,776 $3,680 $4,967 Criminal Justice Research Analyst I $3,569 $4,818 $3,694 $4,987 $3,842 $5,187 $3,996 $5,395 Criminal Justice Research Analyst II $4,097 $5,531 $4,240 $5,725 $4,410 $5,954 $4,586 $6,192 Departmental Aide $3,320 $4,481 $3,239 $4,638 $3,369 $4,824 $3,504 $5,017 Deputy City Clerk $3,463 $4,675 $3,584 $4,838 $3,727 $5,032 $3,876 $5,233 Executive Asst. to City Manager (formerly Secretary to City Manager) $3,328 $4,493 $3,445 $4,650 $3,583 $4,836 $3,726 $5,029 Human Resources Technician $2,924 $3,947 $3,026 $4,085 $3,147 $4,248 $3,273 $4,418 Operations Analyst $3,569 $4,818 $3,694 $4,987 $3,842 $5,187 $3,996 $5,395 Programmer Analyst 1 $4,656 $6,286 $4,819 $6,506 $5,012 $6,766 $5,213 $7,037 ProarammerAnalyst H $5,004 $6,756 $5,179 $6,993 $5,386 $7,273 $5,601 $7,564 Purchasing Assistant $2,943 $3,973 $3,046 $4,112 $3,168 $4,277 $3,295 $4,448 Repro a hics Supervisor $3,387 $4,5731 $3,507 $4,731 $3,647 $4,920 $3,793 $5,117 Revenue Services Supervisor $3,836 $5,1791 $3,971 $5,3611 $4,130 $5,575 $4,295 $5,798 Senior Administrative Assistant (formed Dept Admin Asst) $2,924 $3,947 $3,026 $4,085 $3,147 $4,248 $3,273 $4,418 Software Developer $4,203E$6 ,674 $4,350 $5,872 $4,524 $6,107 $4,705 $6,351 User Support Specialist $5,004,756 $5,180 $6,993 $5,387 $7,273 $5,603 $7,564 • Z: salary ranges: Confidential 2006 to 2009 • MEMORANDUM • OF UNDERSTANDING r City of West Covina And Maintenance & Crafts Represented By The West Covina Maintenance & Crafts Employees Association Three Year Agreement July 1, 2006 through June 30, 2009 Z:Final Maint Cover MOU 7 1 06 to 6 30 09 12 11 06 TABLE OF CONTENTS ARTICLE SUBJECT PAGES ARTICLE ONE RIGHTS AND RESPONSIBILITIES ............... 1-8 ARTICLE TWO SALARIES AND COMPENSATION.................9 -14 ARTICLE THREE WORK PERIODS, SCHEDULES, OVERTIME, AND COMPENSATORY TIME ..................... 15-23 ARTICLE FOUR FRINGE BENEFITS......................................24 - 30 ARTICLE FIVE LEAVE POLICIES........................................31 - 45 ARTICLE SIX GENERAL PROVISIONS..............................46 - 48 SIGNATUREPAGE.........................................................................49 APPENDIX "A" MAINTENANCE AND CRAFTS EMPLOYEE UNIT CLASSIFICATIONS......................................A APPENDIX "B" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA MAINTENANCE & CRAFTS EMPLOYEES ASSOCIATION REGARDING AGENCY SHOP FOR WEST COVINA MAINTENANCE & CRAFTS EMPLOYEES ASSOCIATION ............................................. B 1-B4 INDEX............................................................................................. SALARY SCHEDULE ATTACHED Z:Final Maint Cover MOU 7 106 to 6 30 09 12 11 06 • • • 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 Manager, and Representatives of the West Covina Maintenance & Crafts Employees Association (hereinafter referred to as "Association"), representing the Maintenance & Crafts Unit Employees. H. 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. Maintenance & Crafts Unit Employees Pursuant to the provisions 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 Maintenance & Crafts Employees Association, representing Maintenance & Crafts Unit Employees. B. Exclusions Those classifications and positions excluded include employees designated as confidential, executive, management, mid -management, or hourly. C. Classifications Recognized Specific classifications recognized by the City of West Covina being represented by the Maintenance & Crafts Employees Association are listed in Appendix "A" of this agreement. • Z: FATAL Art One MOU 7 106 to 6 30 09 Maim 12 1106 ASSOC C 1 IV. V. ARTICLE ONE AGENCYSHOP The City and the Maintenance & Crafts Employees Association have a mutual agreement regarding the implementation and administration of Agency Shop for all Maintenance & Crafts Unit Employees. The details of this agreement are set forth in Appendix "B" of this Memorandum of Understanding. ASSOCIATIONS 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 tern 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 1. The City shall, during the term of this Agreement, deduct monies for membership dues on a bi-monthly basis (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 forms approved by the City. 2. The City shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days after receiving the request. 3. The City shall remit to the recognized employee organization the monies from authorized deductions made in accordance with procedures set forth by the City. 4. In the event the employee shall not be entitled to any pay for the first pay period of any month, such deduction shall be made from the wages of such employee earned in the next succeeding pay period in said month. If such employee shall not be entitled to any pay during the succeeding pay period in said month, the City shall not make dues deduction thereafter in respect to the dues of said employee for said month. Z: FINAL Art One MOU'7 106 to 6 30 09 Maint 12 1106 +N • ASSOC • C ARTICLE ONE • 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 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. 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. 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 assignment pay. Z: FINAL Art One MOU 7 106 to 6 30 09 Maint 12 11 06 • ASSOC Cl 3 VI. ARTICLE ONE 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 Association 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 permit the Associations to use certain designated bulletin boards approved by management located at City facilities to post Association related information. 2. The Associations agree 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 contained 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. 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 through 2-228, and Personnel Rules, as amended, and including but not limited to the following rights: 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. Z: FINAL Art Om MOU 7 106 to 6 30 09 Maint 12 1106 Cl ASS Ak • Y'/ �l ARTICLE ONE • 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. Z: FINAL Art One MOU 7 106 to 6 30 09 Maint 12 1106 • ASSOC C 5 B. ARTICLE ONE 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. 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. Z: FINAL Art One MOU 7 106 to 6 30 09 Maint 12 1106 M • • • ARTICLE ONE 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. VIL NO STRIKE/JOB ACTION PROVISION 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 refusing to perform services or honor any type or foam 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 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 1. In the event that the Association, its officers, agents, representatives, and/or members engage in any of the conduct prohibited in A, Prohibited Conduc 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 ConducK above, and return to work. Z: FINAL Art One MOU 7 106 to 6 30 09 Maint 12 1106 mw� ARTICLE ONE 2. If the Association performs all of the responsibilities in good faith set forth in C(1) 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. Z: FINAL Art One MOU 7 106 to 6 30 09 Maint 12 1106 91 • 0 • • ARTICLE TWO SALARIES AND COMPENSATION I. SALARY SCHEDULE A. SALARY SCHEDULE — July 1. 2006 Effective the first day of the pay period beginning on or after July 1, 2006 through June 30, 2007, all the employees in the unit classifications in the unit shall receive a _ three and one-half percent (3.5%) salary adjustment above their classification's current assigned salary range which was in effect in the salary range schedule on or after June 30, 2006. B. SALARY SCHEDULE — June 30, 2007 Effective June 30, 2007, all the employees in the unit classifications in the unit shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range. C. SALARY SCHEDULE -June 28, 2008 Effective June 28, 2008, all the employees in the unit classifications in the unit shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range. D. SALARIES ROUNDED OFF All salaries shall be rounded to the nearest whole dollar. E. SALARY ADMINISTRATION 1. 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. Z: FINAL Art Two MOU 7 106 to 6 30 09 Maint 12 1106 9 c ASSOC CITY 2. 3 ARTICLE TWO 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. 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. 4. Base Salary E A Base salary shall mean only the assigned salary to any unit classification exclusive of any other type of form of compensation. Extra Pav/Compensation Extra pay shall be defined as compensation above the unit employee's base salary for special assignments, differentials, and bonuses. Y-Rating a. When a personnel action, such as a demotion due to layoff, reclassification, or job 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. b. "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. c. 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. d. Those unit employees on a job rehabilitation shall be Y-rated upon written agreement and mutual consent between the affected employee and the City. Z: Z: FINAL Art Two MOU 7 106 to 6 30 09 Mamt 12 1106 10 • • :7 ARTICLE TWO II. Bilingual Allowance A. Eligibility 1. The department head shall designate certain unit employees 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. Each department head shall determine the language skills necessary to effectively conduct City business and activities with the citizens of the community, subject to approval of the City Manager. 4. Human Resources Department shall certify, through examination, that the employee has a basic fundamental conversational skill level in the second language. B. Compensation 1. 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 Finance. This extra compensation shall terminate immediately upon the day the assignment is revoked by the Department Head. 3. Each employee who is assigned to Bilingual allowance shall be required to be re -certified once every two (2) years. After two consecutive successful re - certifications no further re -certification shall be required. C. Limitations 1. The City of West Covina shall recognize only the top five (5) languages and dialects determined by the Language Usage Records, maintained by the City's Communications Department. Z: Z: FINAL An Two MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC C 11 M. ARTICLE TWO 2. No bilingual allowance can be granted for any other language unless • approved by City Manager. 3. Only one (1) allowance will be paid to an employee regardless of the number of certified languages. Acting Pay Assignment A. 19 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 the position is vacant. Such acting appointment shall not exceed 12 months, unless extension is approved by the City Manager. 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 further approved by the City Manager. Upon the return of the incumbent from leave or disability, the acting appointment shall be 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. Compensation 1. Maintenance & Crafts Unit employees assigned and approved by management in an acting capacity will be paid five percent (5%) above their base salary after the completion of forty (40) hours of such assignment. Such compensation shall continue for the length of the assignment, and shall terminate per Section A-2 above. 2. Attempt to Appoint Different Ouaiified Employees Whenever practical, based on the experience and expertise required to perform the higher level duties, management will attempt to appoint different qualified employees to acting assignments based on the needs of the organization. Z: Z: FINAL. Art Tw MOU 7 106 to 6 30 09 Maint 12 1106 12 ARTICLE TWO • 3. 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. IV. 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 have no due process rights. V. PERS Emplove's Contribution - Paid by City A. Added to Base Salary Reported to PERS There shall be one percent (1%) added to the Employees base compensation paid by the City and payable to each employee an amount which shall be equal to eight percent (8%) of the salary amount reportable to the Public Employees Retirement System. Such eight percent (8%) shall constitute the entire or partial member's contribution required to be made under the System. B. Constitute Deferred Compensation to PERS The amount of additional compensation payable pursuant to this section X shall constitute deferred compensation and the City shall pay the amount so deferred to the Public Employees Retirement System for the account of the employee entitled thereto as required by Section 20683 of the Government Code. VI. 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. One Year Final Compensation Retirement benefits shall be computed using the One -Year Final Compensation Option under PERS Section 20024.2. • Z: Z: FINAL Art Two MOU 7 106 to 6 30 09 Maint 12 1106 ASS C 13 ro 10 E. ARTICLE TWO 2.5% A, 55 Miscellaneous employees 2.5% at age 55 benefit formula. The City shall pay 100% of PERS employer and employee cost (8%). 41h Level Survivor Benefits Fourth Level of 1959 Survivor Benefits PERS Section 21574 for employees covered by this agreement. Military Buy Back Military service credit as public service credit under PERS section 21024. • Z: Z: FINAL Art Two MOU 7 106 to 6 30 09 Maint 12 1106 • ASSOC CI 14 • ARTICLE THREE WORK PERIODS/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 Period The work hours for unit employees shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods. B. 5/8 and 4/10 Work Schedules 518 and 4/10 work schedules shall consist of a seven (7)-day work period of forty (40) hours that begins on Sunday at 12:00 am. and ends on Saturday at 11:59 p.m., except as modified by management. C. 4/10 Work Schedules — Unit Employees On or after January 1, 2004, the City may implement a 4/10-work schedule for all unit employees. 2. It is understood that City Hall will remain open Monday through Friday, except for holidays, as set forth in this agreement. 3. - The City Manager maintains the final authority to determine work schedules as required. Z FINAL Art Three MOU 7 106 to 6 30 09 12 1106 ASSOC Crrx 15 IV. ARTICLE THREE D. 9/80 Work Schedule 9/80 work schedule shall consist of a seven (7)-day work period of forty (40) hours as follows: 1. Work week begins on Monday at 12:00 p.m. and ends the following Monday at 11:59 am., except as modified by management, and; 2. Work week begins on Friday at 12:00 p.m. and ends the following Friday at 11:59 am., except as modified by management. E. 7-Day Work Period — Fixed and Reodarly Recurring THEREAFTER, the work periods shall be fixed and regularly recurring 7-day work periods as set forth in the aforementioned. F. 28-Day Work Period — Fixed and Regularly Recurring Unit Employees assigned to 3/12 work schedule shall work a fixed and regularly recurring 28-day work period of 168 work hours. G. Maintenance & Crafts Employees — Semi -Annual Work Periods Maintenance & Crafts Employees — are covered by the semi-annual work period of 1040 hours. (7 (b) exception to FLSA.) TIME WORKED Maximum Time Worked — 7-Day Work Period 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. TIME NOT CONSIDERED AS WORK TIME A. Activities Not Work Time The following activities shall not be considered time worked, except as provided for in this agreement. 1. Non -paid meal breaks. 2. Leave of absence taken without pay. Z: Z FATAL Art T = MOU 7 106 to 6 30 09 12 1106 16 • • ARTICLE THREE 3. Travel time to work and returning home in either personal or City vehicle. 4. Time in off -duty training assignments (homework, study time, meal time, sleep time, etc.) 5. Off -duty travel to training sites and returning home. 6. Off -duty time putting on and taking off uniforms. 7. Off -duty time for personal preparation and clean-up. 8. Off -duty time spent in the maintenance of City vehicles or equipment. 9. Time worked for which unit employees have already been paid at one and one half (1 %) time their regular rate of pay within assigned forty (40) hour work period. 10. Off -duty time spent on court Stand-by time. 11. Any time not authorized as work time. 12. Any time spent by employees in accomplishing voluntary or mandatory Employee Assistance Program (EAP). V. CHANGE IN WORKING HOURS Any foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be approved by management. VI. 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. Z Z FINAL Art Three MOU 7 106 to 6 30 09 12 1106 ASSOC C 17 VII. C•p D. A. ARTICLE THREE 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. Benefit — And Not a Right Break -rest periods are a benefit and not a right, and time must be earned as any other benefit. 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. Lunch Breaks Unit employees are paid for a lunch break (30 minutes) on the basis that lunch is taken at the job site. The purpose of this is to eliminate job breakdown and travel time. Should the employee choose to leave the job site, the 30 minutes include time involved in going to and coming from the job site. 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 and 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 leave, holidays, bereavement leave, jury duty and compensatory time off shall be considered hours worked. Z: Z FATAL AR Three MOU 7 106 w 6 30 09 12 1106 1D L� • • ARTICLE THREE 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. An emergency shall be construed as an unforeseen combination of circumstances which calls for immediate action, as determined by management. VIII. ELECT TO USE COMPENSATORY TIME 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 Request 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. UC TIME WORK INCREMENTS A. Increments — Less Than One Hour Z: Z FINAL An Thee MOU 7 106 to 6 30 09 12 1106 W9 MWV ARTICLE THREE 1. All authorized time worked which is beyond the unit employee's work shift schedule which is less than one -hour increments shall be compensated in the following manner: Time 0 — 10 minutes I I — 20 minutes 21— 30 minutes 31— 50 minutes 51 — 60 minutes Time Worked -0- '/< hour %2 hour 3/a hour 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. X. OVERTIME "COMPENSATORY TIME" ACCUMULATED AND PAYMENT A. Eligibility Unit employees may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank. B. Accumulation 1. Total Hours Comp Time —Maintenance & Crafts Employees Maintenance & Crafts Unit employees may accumulate up to a total of eighty (80) compensatory hours, unless otherwise set forth in this agreement. 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 currently hourly rate of pay. Z: Z FINAL ArtThree MOU'7 1 06 to 6 30 09 12 11 06 ASSOC C 20 • • • • ARTICLE THREE Compensatory Time - Chanse in Classification Any unit employee who changes classification and who has accumulated any hours of compensatory time shall have all their accumulated compensatory hours paid off at their current hourly rate of pay. XI. EMERGENCY OVERTIME REQUIREMENT The City reserves the right to require unit employees to work overtime in an emergency as determined by management. XII. 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. Travel time to work and returning home shall not be counted as time worked. B. Stand- 1 . 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 immediately as directed by management. Unit employees on stand-by assignment may be required to stay within a designated location or area to respond immediately to work related duties as directed by management. C. On -Call On -Call is an assignment given to unit employees by management requiring them to be accessible via phone; recall (pager) device; or other methods approved by management. 2. Unit employees on -call status may be required to return to work immediately as directed by management. Z: Z FINAL. Art Three MOU 7 106 to 6 30 09 12 1106 ASSOC C 21 ARTICLE THREE D. Court Stand-by "On -Call" is 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. XIII. CALL-BACK COMPENSATION When a Maintenance & Crafts Unit employee is required to return to work, the City agrees to pay to the employee a minimum of two (2) hours at time and one-half, and time and one-half on an hour -for -hour basis for each hour thereafter. 2. Whenever a Maintenance & Crafts Unit employee is required to work on a call-back basis, the employee may elect to receive compensatory time off. Under these circumstances, the City will credit a minimum of three (3) hours of comp time for each occasion of call-back and straight comp time on an hour -for -hour basis for each hour in excess of three (3) hours worked. 3. Maintenance & Crafts Unit Employees required to return to work on a call-back basis shall have a minimum break of eight (8) hours from the time they are released from call-back duty until they are required to return to work, without loss of pay. 4. Should Maintenance & Crafts Unit employees be directed to report to work at a time providing a break of less than eight (8) hours, they shall be paid at the rate of time -and -one-half for any hours between return to work and the eight (8) hour minimum. 5. In extreme emergency situations requiring extensive consecutive work hours by the employee, the City reserves the right to adjust scheduled work hours to provide employees with adequate rest time and meet the ongoing work requirements necessary to satisfy the emergency. XTV. COURT TIME PAY Time spent in court beyond the regularly scheduled shift will be paid at a time and one- half rate with a two(2) hour minimum guarantee. XIV. STAND-BY — MAINTENANCE & CRAFTS UNIT EMPLOYEES Maintenance & Crafts Unit employees required to serve on stand-by for a period of one week (7 calendar days) will be compensated eight (8) hours straight time pay. A listing of names and dates of employees placed on stand-by will be provided. The City will Z: Z FINAL Art Three MOU 7 106 to 6 30 09 12 1106 • ASSOC C 22 L • ARTICLE THREE attempt to solicit volunteers first. Stand-by will be rotated uniformly among the eligible employees. A. Holidav Week When a Maintenance & Crafts Unit employee is required to serve on stand-by when a fixed holiday occurs during the employee's workweek, the employee shall receive twelve (12) hours pay at straight time pay. If two consecutive recognized fixed holidays fall within the employee's work week, the employee shall receive sixteen (16) hours pay at straight time pay. B. Thanksgiving Holiday Week When a Maintenance & Crafts Unit employee is required to serve on stand-by during the Thanksgiving Holiday Week, the employee shall receive sixteen (16) hours pay at straight time. Z: Z FINAL Art Three MOU 7 106 to 6 30 09 12 1106 23 ARTICLE FOUR • 4V1 U 4T1f * W1111 1 FRINGE BENEFITS I. 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 1. 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. 2. 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. H. MEDICAL INSURANCE A. City Monthly Medical Insurance Premium Contribution Effective July 1, 2006, the City shall pay up to Kaiser Plan + 2 or more rate per month towards employee cost of health (medical) insurance premiums for eligible employees. B. Medical Insurance Cap L The maximum monthly amount unit employees may choose to use towards the City's payment for medical premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at six hundred dollars Z: FINAL Art Four MOU 7 106 to 6 30 09 12 1106 • ASSOC C 24 0 • ARTICLE FOUR ($600) per month. Any cost paid by the City above the six hundred dollars ($600) cap can only be used for monthly medical premiums. IV. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION A. City Contribution Amount 1. 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 amounts in the following IV-A-2 should be paid by the City per month per eligible retiree shall be contributed towards the payment of premiums for retiree health insurance under the Program. Amount Paid Per Month 2. Effective Date Per City Per Eligible Retiree January 1, 2006 $64.60 per month January 1, 2007 $80.80 per month January 1, 2008 $97.00 per month January 1, 2009 To be determined by PERS B. If Citv 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. V. DENTAL INSURANCE BENEFIT A. Dental Insurance Montt Premium — City Contribution 1. Effective July 1, 2006, the City shall pay up to a maximum of thirty dollars and ninety-four cents ($30.94) per month for the cost of a dental plan for employees and their qualified dependents. 2. Effective January 1, 2007, the City shall pay up to a maximum of fifty- three dollars and twenty-eight cents ($53.28) per month for the cost of a dental plan for employees and their qualified dependents. Z: Z: FATAL Art Four MOU 7 106 to 6 30 09 12 1106 ASSOC C 25 ARTICLE FOUR VI. VISION PLAN • Effective July 1, 2007, the City shall pay for a Vision Plan for employees only, up to fifteen dollars ($15) per month per employee. Employees may enroll their eligible dependents in the plan, at the employee's cost. VII. EMPLOYEE HEALTH BENEFITS COMMITTEE AND STUDY A. Purpose of Committee and Studv The City and. Associations agree to participate in Joint Management -Employee Health Benefit Committee which will study the feasibility of withdrawing from the Public Employees' Medical Care Act (PERS Health Care) and participating in other employee health benefit plans which will be studied. B. 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. VIII. RET3REE-HEALTH-SAVINGS PLAN EFFECTIVE DATE: JULY 1, 2007 ** The RHS Plan will be subject to regulatory and provider regulations ** 1. Employee Contribution: $25 per month minimum 2. Employer Contribution: $75 per month ** 3. Employee may convert vacation accumulation annually pursuant to any existing MOU provisions for his/her bargaining unit for deposit into RHS (see Article V, J, Page 35). ** 4. Employee may deposit any annual sick leave cash out pursuant to any existing MOU provisions into RHS. ** 5.. Employee may deposit up to 100% of vacation payoff at retirement/termination into RHS. ** 6. Employee may deposit any sick leave payoff at retirement/termination into RHS. Any hours not cashed out or deposited into RHS at retirement will continue to be applied as PERS service time credit. 7. Employer Lump Sum RHS Contribution. Z: Z: FINAL Art Four MOU 7 106 to 6 30 09 12 1106 901 • ARTICLE FOUR A. Employee must be full time West Covina City employee as of 7/1/06 to qualify for this benefit. B. Employee must take a service or disability retirement from the City of West Covina to qualify for this benefit. C. Lump sum RHS contribution 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). D. To obtain the lump sum benefit employee must retire from the City of West Covina by 7/1/17 or after the first pay period following the employee's 62nd birthday, whichever comes first. Unit employees who are age 62 within the first six months of the program shall have six months beyond their 62 Id birthday to retire before losing any lump sum entitlement. E. Employees working beyond the sunset provisions under D above will have their lump sum amount reduced by $900 each year after the 10 year/age 62 provision until they retire. AMOUNT OF BENEFIT *Employee's Years of Service as of 7/1/07 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) IX. 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, 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. Z: Z: FINAL Art FowMOU 7 1 06 to 6 30 09 12 1106 ASSOC C 27 ARTICLE FOUR X. STATE DISABILITY INSURANCE The City agrees to make available at the employee's expense, SDI as provided through the State of California. XI. LIFE INSURANCE A. Term Policy - $20,000 The City shall provide all unit employees a term life insurance policy in the amount of $20,000. B. Retired Emnlovee Life Insurance - $500 The City shall provide all unit employees who retire from the City a term life insurance in the amount of five hundred dollars (S500). XII. 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. XIII. UNIFORM A. Uniform T-Shirts 1. The City shall make available to Maintenance Department employees required by management to wear a uniform a maximum of five (5) City - approved t-shirts per calendar year. 2. Employees required by management to wear a uniform shall pay one-half (1/2) of the cost of said t-shirts. Z: Z: FINAL Art Four MOU 7 106 to 6 30 09 12 1106 ASSOC C 28 • • ARTICLE FOUR • B. Uniform Short -Pants - 1. Short pants may be worn by Maintenance Department employees as approved by Management. 2. Management shall determine and approve which assignments are appropriate for short pants and evaluate the appearance of the short pants. C. Uniform Jackets The City shall provide uniform jackets to Maintenance Department employees as approved by management. D. Uniform Requirements Unit employees who are required to wear uniforms 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. )IV. SAFETY BOOT ALLOWANCE Each January of each calendar year, employees required by management to wear safety shoes/boots shall receive a boot allowance of one hundred fifty dollars ($150) per calendar year. XV. TUITION REIMBURSEMENT PROGRAM A. Maximum Reimbursement Unit Employees maximum annual tuition reimbursement (including books) shall be $686 per fiscal year. B. Administrative Poli The specific details of the Tuition Reimbursement Program is set forth in Administrative Policy approved on August 13, 1992, and amended thereafter. XVI. MILEAGE REMBURSEMENT — 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. Z: Z: FINAL Art Four MOU 7 106 to 6 30 09 12 1106 - ASSOC CITY 2965, ARTICLE FOUR B. Mileage Reimbursement Rate The mileage reimbursement rate shall be rates set forth by the IRS. C. Administrative Poliev The specific details of the mileage reimbursement policy is set forth in Administrative Policy approved on February 8, 2003, and amended thereafter. XVIL 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 which they would not otherwise be entitled to shall be subject to: 1) denial of requested benefits; and/or b) disciplinary action up to and including removal. Z: Z: FINAL Art Four MOU 7 106 to 6 30 09 12 1106 ASSOC CITY 30 17 9 �J ARTICLE FIVE ARTICLE FIVE LEAVE POLICIES I. HOLIDAYS A. Official Fixed Holidays The City shall recognize the following days as official City fixed holidays: New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (unless Christmas falls on a Saturday, Sunday, or Monday) Christmas Day 2. Fixed Holidays — 8 Hours Leave With Pav Each fixed holiday granted to employees shall be eight (8) hours of time off with pay. Any additional time taken off above eight (8) hours per each fixed holiday must be deducted from the employee's other leaves, such as vacation, floating holiday leave, or compensatory time. B. Floating Holiday Leave (Previously Referred to as "Personal Leave") In addition to the City's fixed holidays, Maintenance & Crafts unit employees shall be eligible to use up to forty (40) hours of Floating holiday leave per each calendar year as approved by management. 2. 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. • Z FINAL Art Five MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC CITY 31 Mr ARTICLE FIVE C. Floating Holiday Leave 1. 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. D. 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. E. Floating Holiday Leave — Terminating Employees 1. Terminating employees who have not used all the floating holiday leave that they are entitled to shall be paid off at the rate of 3.33 hours per month of employment in the current calendar year. If the employee's termination date is after the 18a` of the month, the employee will receive floating holiday leave credit for that month. 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. F. 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. G. 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, bereavement leave, jury duty and injured on duty. Z: Z: FINAL. Art Five MOU 7 106 to 6 30 09 Maiut 12 1106 ASSOC CITY 32 is E • ARTICLE FIVE H. Observation of Saturday and Sunday Holidays For those employees whose normal workweek 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. 2. 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 (8) hours straight compensatory time for the holiday. This compensation can be taken as either compensatory time or pay, at the discretion of the employee. I. Holiday Scheduling The City reserves the right to require employees to work on fixed holidays. H. 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 — 60* 3.08 6.67 240 61 —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 60 months add 40 hours Z: Z: FINAL. Art Five MOU 7 106 to 6 30 09 Maim 12 1106 33 0 ARTICLE FIVE • C. Limitation — Vacation Leave Accrual Employees shall not be allowed to accrue vacation leave beyond the stated maximums. 2. 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, the Human Resources Director will 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 If a fixed holiday falls within a scheduled vacation period, eight (8) additional hours of vacation leave shall be granted. E. Payment for Unused Vacation Leave Time at Termination 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 leave time on the effective date of termination. F. Payment for Unused Vacation Leave Time 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. G. Advance Payment for Vacation 1. Any employee who is authorized to take forty (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. Z. Z. FATAL An Five MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC C 34 0 • ARTICLE FIVE 2. 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. 3. 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 and Finance Director. H. 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. I. 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. J. Vacation — Retiree Health Savings - "The RHS Plan will be subject to regulatory and provider regulations" Annual vacation leave conversion up to forty (40) hours into Retiree Health Savings Plan (RHS) only. III. SICK LEAVE A. Sick Leave Benefit 1. Sick leave is a benefit and not a right and 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. 2. The sick leave benefit should be thought of as an insurance policy; it insures and protects employees from a loss in wages when they are unable to work because of an illness or injury. B. Sick Leave Earned 1. Employees shall accrue ninety-six (96) hours of sick leave per calendar year. Z: Z: FINAL Art Five MOU 7 1 06 to 6 30 09 Maint 12 1106 35 ASSO ARTICLE FIVE 2. Following completion of thirty (30) calendar days of continuous full-time service, each City employee shall receive 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 days of such month, he/she shall continue to accrue 3.69 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. 2. 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 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: 1. By November of each calendar year, the City will determine the amount of unused sick leave for each regular employee. 2. The maximum amount of sick leave hours cashed each calendar year at the employee's hourly rate is forty (40) hours. 3. Each employee must carry over to a sick leave "bank" a minimum of fifty- six (56) current year unused hours in December, and may request cash payment for any hours above fifty-six (56) current year unused hours or may add it to the sick Ieave bank. 4. Sick leave used by an employee during each calendar year will be charged against the employee's current year earnings. Z: Z: FINAL Art Five MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC my 36 157 0 • ARTICLE FIVE 5. If fifty-six (56) 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. To qualify for this program, employees shall not be allowed to change sick leave to other forms of paid leave. E. Sick Leave Payoff Upon Termination Unit employees, upon termination of continuous full-time salaried City service, other than by discharge, shall be paid at the employee's hourly rate of pay for fifty (50) percent of the difference between 320 hours and the amount_ of sick leave accrued. The maximum accrual for determining sick leave payoff upon termination is 800 hours. The maximum payout can be illustrated as follows: Maximum accrual 800 Minimum number of accrued hours - 320 Difference 1 480 50% of 480, or not to exceed 240 hours, can be cashed out. F. Use of Sick Leave 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 Z: Z: FINAL AR Five MOU 7 106 to 6 30 09 Maint 12 1106 • ASSOC CITY 37 G. ffm I. ARTICLE FIVE 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. 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. 2. The phrase "immediate family", for the use of sick leave, is defined under Bereavement Leave, in this Article Five, as grandparent, parent, spouse, in-laws, child, stepchild, grandchild, brother, or sister. Temnorary Disability A City employee who is entitled to temporary disability indemnity under Div. 4, Div. 4.5 of the State 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. 2. When his/her accumulated sick leave, or vacation, or both are exhausted, he/she is still entitled to receive disability indemnity. Sick Leave Limitations No employee shall be entitled to sick leave with pay while absent from duty on account of the following causes: Disability arising from sickness or injury purposely self-inflicted or caused by any of his/her own willful misconduct. 2. Sickness or disability sustained while on leave of absence, other than regular vacation leave or sick leave. Z Z: FINAL AR Five MOU 7 106 to 6 30 09 Maim 12 1106 r� • • ARTICLE FIVE 3. 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 in addition to 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 after the City's physician has determined that the employee can no longer perform the duties of his/her or an alternate position. IV. WORK RELATED DISABILITY LEAVE A. Iniurv/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. 1. 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 to be permanent and stationary and unable to return to their usual and customary duties. 2. 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. Z: Z: FINAL An Five MOU'7 106 to 6 30 09 Maint 12 1106 ASSOC CITY 39 ARTICLE FIVE 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 received 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. V. 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, 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 or proof may be requested. VI. MILITARY LEAVE A. State Military and Veteran's Code Military leave with pay shall be granted in accordance with Section 395 of the State Military and Veteran's Code. Z: Z: FINAL Art Five MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC G �� CITY m ARTICLE FIVE B. Inactive Military Service 1. Any unit employee who is on inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken 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. 2. Pay for such purposes shall not exceed thirty (30) days in any one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency 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. 2. 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 Medical and Dental Insurance benefit 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. • Z: Z: FINAL All Five MOU 7 106 to 110 09 Maim 12 1106 ASSOC C 41 ARTICLE FIVE Li VU. JURY DUTY 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 Citv The City will grant an employee required to serve on jury duty, or to report for examination to serve on jury duty, one (1) time for a maximum of 160 hours, paid leave for such purposes during any three (3) consecutive years of employment. All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City. City Administrative procedures will govern further details of this program. VJIL 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 twelve (12) weeks in a twelve (12)-month period. 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. Only those employees with at least one (1) year of continuous City employment shall be eligible. B. Family Illness Leaves due to serious health condition of a child, spouse or parent 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 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 Z: Z FINAL Art Five MOU 7 106 to 6 30 09 Maint 12 1106 • ASSOC C 42 :7 0 ARTICLE FIVE 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 1. 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 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. 2. More specific details on the Family Care Leave policy is set forth in City's Administrative Policy. IX. 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 months and subject to such conditions as the City Council may deem advisable. 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. The aggregate of all such leave shall not be more than one year. X. 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 circumstance. 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 Z: Z: FINAL Art Five MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC C 43 D. E. F. ARTICLE FIVE the effective date of such leave, shall have completed at least one year of continuous service. 2. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason. Leave of Absence Without Pay - Duration 1. 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. 2. 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. Leave of Absence — Employee Iniured 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. 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, Z: Z: FATAL Art Five MOU'7 1 06 to 6 30 09 Maim 12 1106 ASSOC C 44 • • • V; Ito) 4 3101 and the employee's salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken. X1. FAILURE TO RETURN FROM LEAVE 1. 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, unless such leave is extended as approved by management for mitigating circumstances. 2. The City reserves the right to revoke or cancel any authorized leave for reasons, which the City finds to be sufficient. Z: Z: FINAL Art Five MOU 7 106 to 6 30 09 Maint 12 1106 W ARTICLE SIX ARTICLE SIX GENERAL PROVISIONS I. 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 agree 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. H. 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 Associations 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. SEVERABILTTY 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. Z: FINALArt Six MOU 7 106 to 6 30 09 Maint 12 1106 • ASSOC C 46 ARTICLE SIX • 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 asserted hereunder or otherwise. This memorandum of Understanding is not intended to cover any matters preempted by Federal or State law. B. Personnel and Departmental Rules 1. 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 If the Association desire 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, 2009, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 2009. Said request shall contain all Z: MNAL Art Six MOU 7 106 to 6 30 09 Maint 12 1106 ASSOC CITY 47 ARTICLE SIX of the proposed changes in wages, hours, and conditions of employment proposed by the • Associations to take effect on or after July 1, 2009. VIL RATIFICATION AND IMPLEMENTATION A. ACKNOWLEDGEMENT 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 the 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 this 14`h day of December 2006. D. Term or Memorandum of Understandinii The term of this Memorandum of Understanding three (3) years, commencing on July 1, 2006 an Z: FINAL Art Six MOU 7 106 to 6 30 09 Maint 12 1106 H'-'i d im ARTICLE SIX PARTIES TO THE AGREEMENT Maintenance & Crafts Employees City of West Covina Association -11 /4 Edward Hidalgo, resident 'e A. Fie ds, Assis t City Manag and Interim Human Resources Director - Albert Romska, Representative -1211' . iel Rueff, Representative Co -Chief Negotiator Thomas Bachman, Finance Director and Co -Chief Negotiator Sharon Gardner, Mid -Management Analyst II IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed this 1 .9 th Day of December 2006. City of West Covina Maintenance & Crafts Employees Association By: Edward Thdalgo, President Andrew G. Pasmant, City Manager APPROVED AS TO FORM: A City Attorney Z: FINAL Art Six MOU 7 106 to 6 30 09 Maint 12 1106 • ASSOC C 49 APPENDIX APPENDIX - KA « • CITY OF WEST COVINA MAINTENANCE & CRAFTS EMPLOYEE UNIT The following are those classifications which have been recognized by the City to be assigned to the Maintenance & Crafts Employee Unit: JOB TITLES/CLASSIFICATIONS Building Maintenance Leadworker Electrician I, H Electrician Leadworker Equipment Mechanic I, H Equipment Mechanic Leadworker Equipment Operator Maintenance Leadworker Maintenance Worker I, 1I,111 Senior Maintenance Worker Sign Painter Welder Mechanic Z: FNAL Appendix Al MOU 7 106 to 6 30 08 Maint 12 1106 ASSOC ` • C A • APPENDIX "B" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE MAINTENANCE & CRAFTS EMPLOYEES ASSOCIATION REGARDING AGENCY SHOP I. PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of West Covina (hereinafter "City") and the Maintenance & Crafts Employees Association (hereinafter "Association") as a mutual agreement regarding the procedures for the administration of any agency shop arrangement entered into by the parties as authorized by Government Code Section 3502.5 (Meyers-Milias-Brown Act). H. PURPOSE The City and the Association mutually understand and agree that all affected employees in the Maintenance & Crafts Unit have the right to join or not join the Association. It is the purpose of this MOU to establish fair and equitable procedures for the determination of any agency shop arrangements that may be properly approved by the City employees in eligible job classifications in the unit represented by the Association and the City. III. ASSOCIATION MEMBERS Current employees in the Maintenance & Crafts Unit who are now Association members shall remain Association members for the period of this Agreement. Employees who are hired after this Agreement is approved by the City Council and who are in a job classification within the representation unit of the Association covered by this Agreement, shall within the first pay period from the date of commencement of duties as an employee, become a member of the Association or pay to the Association a service fee; provided, however that the unit member may authorize payroll deduction for such fee. Excepted from the above are Maintenance & Crafts temporary, seasonal or hourly employees. IV. DUES DEDUCTION Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a payroll deduction card is submitted to the Finance ZTINAL App B MOU Agency Shop Agreement Maint 12 1106 ASSOC f C B1 APPENDIX `B' Director in sufficient time to permit normal processing of the change or • deduction. 3. The City shall not deduct monies specifically earmarked for any political action committee or any other political activities. 4. The Association shall be fully responsible for expending funds received under this Agreement consistent with all legal requirements for expenditures of employee dues, which are applicable to public sector labor organizations. V. CONDITION OF CONTINUED EMPLOYMENT The parties agree that the obligations herein are a condition of continued employment for Unit members. The parties further agree that the failure of any Unit member covered by this Agreement to remain a member in good standing of the Association or to pay a service fee during the term of this Agreement shall constitute, generally, cause for termination. 2. Whenever a Unit member shall be delinquent in the payment of dues or fees, the Association shall give the Unit member written notice thereof and fifteen (15) calendar days to cure the delinquency; a copy of said notice shall be forwarded to the City's Human Resources Director and Finance Director. In the event the Unit member fails to cure said delinquency, the Association shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable laws and City's Personnel Rules. VI. CONSCIENTIOUS OBJECTION No Unit member shall be required to join the Association or to make a service fee payment if the Unit member is an actual, verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such Unit member has verified the specific circumstances. Such employee must, instead arrange with the Association to satisfy his/her obligation by donating the equivalent amount to a non -labor, non -religion charitable fund, tax-exempt under Section 501(c)(3) of the Internal Revenue Code (IRC), chosen by the employee, from the following (1) United Way, (2) Salvation Army, or (3) Red Cross. VIL ASSOCIATION RESPONSIBILITY — "HUDSON NOTICE" The Association agrees to provide notice and maintain constitutionally acceptable procedures to enable non-member service fee payers to meaningfully challenge the propriety of the use of service fees as provided for in Chicago Teachers Union, Local No. 1, AFT, 311TM AFLCIO et al. v. Hudson, 106 S.Ct. 1066 (1986). Such notice and Z:NEW App B MOU Agency Shop Agent Maint m 8 22 06 • ASSOC CITY B2 APPENDIX `B' iprocedures shall be provided to non-member service fee payers for each year that the agency shop agreement is in effect. VHL FINANCIAL REPORTING REQUIREMENTS OF THE ASSOCIATION The Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request to the employees who are members of the Association within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor -Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. IX. INDEMNIFICATION The Association agrees to defend, indemnify and hold harmless the City of West Covina and its officers and employees from any claim, loss, liability, suits or cause of action of any nature whatsoever arising out of the operation of this Article. The Association's indemnity and liability obligation is more fully set forth as follows: The Association shall defend, indemnify and hold harmless the City of West Covina and its officers, managers, and employees from any claim, loss, liability, suits, cause of action of any nature or administrative proceeding arising out of the operation of this Agreement. Upon commencement of such legal action, administrative proceeding, or claim, the Association shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its officers and employees because of any application of this Agreement shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the Association shall not diminish the Associations defense and indemnification obligations under the Agreement. 2. The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform the Association of such action, provide the Association with all information, documents, and assistance necessary for Association defense or settlement of such action and fully cooperate with the Association in providing all necessary employee witnesses and assistance necessary for said defense. The cost to any such assistance shall be paid by the Association. 3. The Association upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. The Association upon final order and judgment of a Court of competent jurisdiction awarding damage or costs to any employee, shall pay all sums owing under such order and judgment. • Z:NEW App B MOU Agency Shop Agreement Maint rev 8 22 06 ASSOC C B3 X. APPENDIX `B' AGREEMENT RESCINDED BY VOTE OF EMPLOYEE This Agency Shop Agreement shall be null and void if rescinded by a vote of employees in the Unit pursuant to Government Code Section 3502.5(b). EFFECT OF LEGISLATIVE OR JUDICIAL REVISION, REVERSAL OR INTERPRETATION In the event that the agency fee provisions contained in Govt. Code Sec. 3502.5 are reinterpreted, revised or reversed by action of the California Legislature or by Judicial determinations pursuant to legal challenges, this Agreement shall be revised or nullified accordingly in whole or in part. ZNEW App B MOU Agmey Shop Ageemmt Mamt rev 8 22 06 ASSOC f • CITY • A Acting Pay Assignment INDEX Eligibility........................................................................................................................ 12 Compensation Maintenance Unit Employees......................................................................................... 12 Attempt to Appoint Different Qualified Employees.............................................................. 12 Limitations Appointments to Higher Level Positions............................................................ 13 AgencyShop......................................................................................:............................... 2 Agency Shop Language Preamble.................:..................................................................................................... 131 Purpose........................................................................................................................ 131 AssociationMembers....................................................................................................... 131 DuesDeduction.............................................................................................................. B1 — B2 Condition of Continued Employment................................................................................... B2 Conscientious Objection................................................................................................... B2 Association Responsibility —"Hudson Notice"........................................................................ 62-63 Financial Reporting Requirements of the Association.............................................................. B3 Indemnification................................................................................................................ B3 Agreement Rescinded by Vote of Employee.......................................................................... B4 Effect of Legislative or Judicial Revision,Reversal or Interpretation ............................................ B4 Amendments to Memorandum of Understanding........................................................................ 47 Article One: Rights and Responsibilities................................................................................... 1 - 8 Article Two: Salaries and Compensation ....... :.......................................................................... 9 - 14 Article Three: Work Periods/Schedules/Overtime/Compensatory Time ........................................... 15 — 23 Article Four: Fringe Benefits.................................................................................................. 24 — 30 Article Five: Leave Policies................................................................................................... 31 —45 Article Six: General Provisions............................................................................................... 46 — 49 Associations and Employee Rights and Responsibilities Association and Employee Rights....................................................................................... 2 PayrollDeduction............................................................................................................ 2 Indemnification............................................................................................................... 3 Association Benefit Plans — Dues....................................................................................... 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3 Release Time — Grievances............................................................................................... 4 BulletinBoards................................................................................................................ 4 8 BereavementLeave............................................................................................................ 40 Bilingual Allowance Eligibility........................................................................................................................ 11 Compensation................................................................................................................ 11 Limitations..................................................................................................................... 11 BootAllowance .................................................................................................................. 29 Breaks — Rest Periods Two 15 — Minute Breaks — Rest Periods............................................................................... 17 Numberof Breaks ....................................................................................................... 17 Non-accumulative........................................................................................................ 17 Not Used at Beginning and End of Workshift..................................................................... 18 • Benefit and Not a Right.................................................................................................... 18 Rest Period Procedure..................................................................................................... 18 Scheduled Not to Impair Service .................................................................................... 18 Lengthof Rest Period.................................................................................................. 18 Z:FINAL INDEX Maim 12 1106 - C • Call -Back, Definition of......................................................................................................... 21 Call -Back Compensation Maintenance Employees Call -Back Pay............................................................................... 22 Changein Working Hours...................................................................................................... 17 Classifications, Maintenance & Crafts Employee Unit.................................................................. A Compensatory Time Approval......................................................... ............. :................................................. 19 Once Comp Time is Approved No Request for Cash Payment ................................................... 19 Use of Compensatory Time............................................................................................... 19 See Also, Overtime "Compensatory Time" Accumulated and Payment Court Stand -By, Definition of.................................................................................................. 22 CourtTime Pay................................................................................................................... 22 0 Definitions — Call-back, Stand -By, On -Call, and Court Stand -By "On -Call" Call-back....................................................................................................................... 21 Stand-by........................................................................................................................ 21 On-Call.......................................................................................................................... 21 Court Stand-by "On-Call"...................................................................... _........................ 22 Dental Insurance Benefit Dental Insurance Monthly Premium — City Contribution........................................................... 25 Disability Leave, Work Related............................................................................................... 39 — 40 E Emergency Overtime Requirement.......................................................................................... 18 Emergency Waiver Provisions................................................................................................ 19 Employee Health Benefits Committee and Study Purpose of Committee and Study........................................................................................ 26 New Health Benefit Plan — Meet and Confer.......................................................................... 26 F Failure to Return from Leave.................................................................................................. 45 Family Care Leave Birthor Adoption............................................................................................................. 42 FamilyIllness................................................................................................................. 42 Useof Paid Leave........................................................................................................... 43 Floating Holiday —See Holidays FringeBenefits.................................................................................................................... 24 — 30 Fringe Benefits Administration Provision Administration................................................................................................................. 24 Selectionand Funding...................................................................................................... 24 Changes........................................................................................................................ 24 G Gender................................ .. • •..---..................................................................................... 1 GeneralProvisions.............................................................................................................. 46 — 49 • ZTINAL INDEX Maint 12 1106 • H Health Benefits — See Medical Insurance, Dental Insurance, and Retiree Health Benefit Health Benefits Committee and Study..................................................................................... 26 Holidays Official Fixed Holidays...................................................................................................... 31 Fixed Holidays — 8 Hours Leave With Pay........................................................................ 31 Floating Holiday Leave (Previously Referred to as "Personal Leave") ......................................... 31 FloatingHoliday Leave..................................................................................................... 32 Floating Holiday Leave — Reinstated Employees................................................................... 32 Floating Holiday Leave — Terminating Employees.................................................................. 32 Limitations on Holiday Leave............................................................................................. 32 Paid Status Eligibility....................................................................................................... 32 Observation of Saturday and Sunday Holidays...................................................................... 33 HolidayScheduling......................................................................................................... 33 Hoursof Work Policy............................................................................................................ 15 Insurance — See Life Insurance, Long Term Disability, Medical Insurance, Dental Insurance, PERS Retirement Benefits, State Disability Insurance Jury Duty JuryDuty Policy............................................................................................................... 42 Jury Fees Returned to the City........................................................................................... 42 L Leave of Absence with Pay (Special)...................................................................................... 43 Leave of Absence Without Pay Unauthorized Absence — Automatic Termination.................................................................... 43-44 Unauthorized Absence — Other Disciplinary Action................................................................. 43 AuthorizedAbsence ........................................................................................................ 43 Leave of Absence Without Pay— Duration........................................................................... 43 Leave of Absence — Employee Injured on Job...................................................................... 44 Accrualof Benefits.......................................................................................................... 44 Leave, Failure to Return from................................................................................................. 45 LeavePolicies................................................................................................................... 31 — 45 Leaves — See also Article Five, Bereavement, Compensatory Time, Holidays, Floating Holiday, Jury Duty, Military Leave, Sick Leave, and Vacation Life Insurance TermPolicy - $20,000...................................................................................................... 28 Retired Employee Life Insurance - $500............................................................................... 28 Limitation on Assignments.................................................................................................... 13 Long Term Disability Insurance Benefit........................................................................................................................... 28 More Specific Information.................................................................................................. 28 • ZONAL INDEX Maint 12 1106 • rr, Maintenance Employee Unit Classifications.............................................................................: A Management Rights and Responsibilities ManagementRights......................................................................................................... 4-6 Authority of Third Party Neutral........................................................................................... 6 Impact of Management Rights............................................................................................ 7 Medical Insurance City Monthly Medical Insurance Premium Contribution............................................................ 24 MedicalInsurance Cap..................................................................................................... 24 Meet and Confer, Notice of Future........................................................................................... 47 — 48 Mileage Reimbursement — Private Vehicle Using Private Vehicles for Approved City Business................................................................. 29 Mileage Reimbursement Rate............................................................................................ 30 AdministrativePolicy ....................................................... _...... ......................................... 30 Military Leave State Military and Veteran's Code....................................................................................... 40 InactiveMilitary Service .................................................................................................... 41 ActiveMilitary Service...................................................................................................... 41 Misuseof Benefits............................................................................................................... 30 N No Strike/Job Action Provision ProhibitedConduct.......................................................................................................... 7 EmployeeTermination...................................................................................................... 7 Association Responsibilities............................................................................................... 7-8 Notice of Future Meet and Confer............................................................................................ 47 — 48 n On -Call, Definition of............................................................................................................ 21 Overtime OvertimePolicy............................................................................................................... 18 OvertimeAuthorization..................................................................................................... 19 Overtime "Compensatory Time" Accumulated and Payment Eligibility........................................................................................................................ 20 Accumulation.................................................................................................................. 20 TotalHours Comp Time................................................................................................ 20 Compensatory Time at Termination................................................................................. 20 Compensatory Time Change in Classification .................................................................... 21 Overtime, Emergency Requirement......................................................................................... 21 is ZTINAL INDEX Maint 12 1106 • Parties to Memorandum of Understanding.................................................................... 1 PERS Employee's Contribution — Paid by City Added to Base Salary Reported to PERS.............................................................................. 13 Constitute Deferred Compensation to PERS......................................................................... 13 PERS Retirement Benefits UnusedSick Leave.......................................................................................................... 13 OneYear Final Compensation............................................................................................ 13 2.5%@55..................................................................................................................... 13 4f° Level Survivor Benefits................................................................................................. 14 MilitaryBuy Back............................................................................................................. 14 Provisions of Memorandum Sole and Entire Memorandum of Understanding..................................................................... 47 Personnel and Departmental Rules..................................................................................... 47 R Ratification and Implementation Acknowledgement............................................................................................................ 48 MutualRecommendation................................................................................................... 48 Ratification..................................................................................................................... 48 Term of Memorandum of Understanding.............................................................................. 48 Recognition Maintenance & Crafts Unit Employees................................................................................ 1 Exclusions..................................................................................................................... 1 ClassificationsRecognized................................................................................................ 1 Retiree Health Benefit — City's Monthly Contribution CityContribution Amount................................................................................................... 25 If City No Longer in PERS Health Plan................................................................................. 25 Retiree Health Savings Plan................................................................................................... 26 — 27 Rights and Responsibilities Association and Employee Rights....................................................................................... 2 PayrollDeduction...............................................................................................:............ 2 Indemnification............................................................................................................... 3 Association Benefit Plans — Dues....................................................................................... 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3 Release Time — Grievances............................................................................................... 4 BulletinBoards................................................................................................................ 4 A SafetyBoot Allowance......................................................................................................... 29 Salaries and Compensation.................................................................................................. 9-14 Salary Schedule Salary Schedule — July 1, 2006 through June 30, 2007............................................................ 9 Salary Schedule — July 1, 2007 through June 30, 2008............................................................ 9 Salary Schedule — July 1, 2008 through June 30, 2009............................................................ 9 SalariesRounded Off....................................................................................................... 9 Salary Administration Specific Information in Personnel Rules........................................................................... 9 Effective Date of Step Increases and Extra Compensation................................................... 10 • Right to Raise Salaries, Other Compensation and Benefits ................................................... 10 BaseSalary ............................................................................................................... 10 Extra Pay/Compensation.............................................................................................. 10 Y-Rating.................................................................................................................... 10 Section125 Plan.................................................................................................................. 27 7-TINAL INDEX Maint 12 1106 Severability Provision • MOU Remains in Full Force and Effect................................................................................. 46 Successor Provision......................................................................................................... 46 Sick Leave SickLeave Benefit........................................................................................................... 35 SickLeave Earned.......................................................................................................... 35 - 36 Reinstatement of Sick Leave............................................................................................. 36 Sick Leave Annual Payoff Program.................................................................................... 36 - 37 Sick Leave Payoff Upon Termination ................................. :................................................ 37 Useof Sick Leave............................................................................................................ 37 Approval.................................................................................................................... 37 Physician's Certificate on Use of Sick Leave..................................................................... 37 Physical Examination May be Required........................................................................... 38 Use of Sick Leave — Care of Immediate Family..................................................................... 38 TemporaryDisability........................................................................................................ 38 SickLeave Limitations..................................................................................................... 38 Sick Leave During Vacation.............................................................................................. 39 HolidayDuring Sick Leave................................................................................................ 39 Use of Sick Leave to Offset Disability Retirement.................................................................. 39 Special Leave of Absence with Pay......................................................................................... 43 Stand -By, Definition of......................................................................................................... 22 Stand -By— Maintenance Unit Employees MaintenanceUnit............................................................................................................ 22 HolidayWeek................................................................................................................. 23 Thanksgiving Holiday Week.............................................................................................. 23 State Disability Insurance...................................................................................................... 28 T Time not Considered as Work Time Activities not Work Time.................................................................................................... 16 —17 Time Work Increments Increments — Less Than One Hour...................................................................................... 19 - 20 Incidental Overtime — Not Compensable............................................................................... 20 Increments Over One Hour................................................................................................ 20 Time Worked Maximum Time Worked — 7-Day Work Period....................................................................... 15 Tuition Reimbursement Program Maximum Reimbursement................................................................................................ 29 AdministrativePolicy....................................................................................................... 29 U Uniform — Maintenance Department Employees UniformTShirts.............................................................................................................. 28 UniformShort-Pants........................................................................................................ 29 UniformJackets.............................................................................................................. 29 Uniform Requirements..................................................................................................... 29 V Vacation VacationPolicy............................................................................................................... 33 Vacation Leave Earned and Accumulated............................................................................ 33 Limitation — Vacation Leave Accrual.................................................................................... 34 • Vacation Leave Accrual for Holidays.................................................................................... 34 Payment for Unused Vacation Leave Time at Termination ....... :............................................... 34 Payment for Unused Vacation Leave Time........................................................................... 34 Advance Payment for Vacation.......................................................................................... 34 ZF'AIAL INDEX Maim 12 1106 • Vacation Leave — Reinstated/Reemployed Employees............................................................ 35 Vacation Leave — New Employees...................................................................................... 35 W Waiver Provision on Bargaining During Term Agreement............................................................. Work Periods/Schedules/Overtime/Compensatory Time.............................................................. Work Periods 7-Day Work Period........................................................ ::............ .................................... 5/8 and 4/10 Work Schedules............................................................................................. 4/10 Work Schedules — Unit Employees............................................................................... 9/80 Work Schedule......................................................................................................... 7-Day Work Period — Fixed and Regularly Recurring............................................................... 28-Day Work Period — Fixed and Regularly Recurring............................................................. Maintenance Employees — Semi -Annual Work Periods .......................................... Work Related Disability Leave Injury/Illness Arising Out Of and In the Course of Job Duties ..................................................... Temporary Disability Compensation.................................................................................... Salary Step Increases During Leave................................................................................... Review of Safety Committee............................................................................................. Working Hours, Change In.................................................................................................... 11 7-TINAL INDEX Maint 12 1106 46 15-23 15 15 15 16 16 16 16 39 39 - 40 40 40 17 CITY OF WEST COVINA • EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MAINTENANCE AND CRAFTS EMPLOYEES ASSOCIATION Job Title Pay Range As of 6/30/06 Step Effective 7/i/2006 3.5% Effective 6/30/2007 4% Effective 6/28/2008 4% Building Maintenance Leadworker MT200 $3,461 1 $3,582 $3,725 $3,874 $3,634 $3,815 $4,006 $4,207 2 $3,761 $3,911 $4,067 3 $3,949 $4,107 $4,27111 4 $4,146 $4,312 $4,485 5 $4,354 $4,528 $4,709 ElectricianI MT210 $2,848 1 $2,948 $3,066 $3,189 $2,990 $3,139 $3,296 $3,461 2 $3,095 $3,219 $3,348 3 $3,249 $3,379 $3,514 4 $3,411 $3,547 $3,689 5 $3,582 $3,725 $3,874 Electrician II MT090 $3,544 1 $3,668 $3,815 $3.968 $3,721 $3,908 $4,104 $4,309 2 $3,851 $4,005 $4,165 3 $4,045 $4,207 $4,375 4 $4,248 $4,418 $4,595 5 $4,460 $4,638 $4,824 Electrician Leadworker MT120 $3,926 1 $4,063 $4,226 $4,395 $4,123 $4,329 $4,545 $4,773 2 $4,267 $4,438 $4,616 3 $4,481 $4,660 $4,846 4 $4,704 $4,892 $5,088 5 $4,940 $5,138 $5,344 Equipment Mechanic I MT030 $2,774 1 $2,871 $2,986 $3,105 $2,913 $3,059 $3,212 $3,372 2 $3,015 $3,136 $3,261 3 $3,166 $3,293 $3,425 4 $3,324 $3,457 $3,595 5 $3,490 $3,630 $3,775 Equipment Mechanic H MT080 $3,276 1 $3,391 $3,527 $3,668 $3,440 $3,612 $3,793 $3,982 2 $3,560 $3,702 $3,850 3 $3,738 $3,888 $4,044 4 $3,926 $4,083 $4,246 5 $4,121 $4,286 $4,457 Z:Salary Ranges Maintenance Crafts 2006 to 2009 Page 1 11 • CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MAINTENANCE AND CRAFTS EMPLOYEES ASSOCIATION Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 3.5% Effective 6/30/2007 4% Effective 6/28/2008 4% E ui mentMechanicLeadworker MT130 $3,708 1 $3,838 $3,992 $4,152 $3,893 $4,088 $4,292 $4,507 2 $4,029 $4,190 $4,358 3 $4,231 $4,400 $4,576 4 $4,442 $4,620 $4,805 5 $4,665 $4,852 $5,046 Equipment erator MT060 $3,188 1 $3,300 $3,432 $3,569 $3,348 $3,514 $3,691 $3,875 2 $3,465 $3,604 $3,748 3 $3,637 $3,783 $3,934 4 $3,820 $3,973 $4,132 5 $4,011 $4,171 $4,338 Maintenance Leadworker MT100 $3,359 1 $3,477 $3,616 $3,761 $3,527 $3,703 $3,888 $4,083 2 $3,651 $3,797 $3,949 3 $3,833 $3,986 $4,145 4 $4,024 $4,185 $4,352 5 $4,226 $4,395 $4,571 Maintenance Worker I MTO10 $2,560 1 $2,650 $2,756 $2,866 $2,688 $2,822 $2,963 $3,112 2 $2,782 $2,893 $3,009 3 $2,921 $3,038 $3,160 4 $3,067 $3,190 $3,318 5 $3,221 $3,350 $3,484 Maintenance Worker II MT020 $2,687 1 $2,7811 $2,892 $3,008 $2,821 $2,962 $3,111 $3,266 2 $2,9201 $3,037 $3,159 3 $3,066 $3,189 $3,317 4 $3,2201 $3,349 $3,483 5 $3,3801 $3.515 $3,656 Maintenance Worker III MT040 $2,820 1 $2,919 $3,036 $3,157 $2,961 $3,109 $3,264 $3,428 2 $3,065 $3,188 $3,316 3 $3,218 $3,347 $3,481 4 $3,378 $3,5131 $3,654 5 $3,548 $3,6901 $3,838 Z:Salary Ranges Maintenance Crafts 2006 to 2009 Page 2 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES • MAINTENANCE AND CRAFTS EMPLOYEES ASSOCIATION As of Effective Effective Effective 6/30/06 I 7/1/2006 61301:007 6/28/2008 11 Job Title Pay Range Step 3.5% 4% 4% Senior Maintenance Worker MT050 $2,872 1 $2,973 $3,092 $3,216 $3,016 $3,166 $3,325 $3,491 2 $3,122 $3,247 $3,377 3 $3,277 $3,408 $3,544 4 $3,441 $3,579 $3,722 5 $3,613 $3,758 $3,908 Sign Painter MT070 $3,003 1 $3,108 $3,232 $3,361 $3,153 $3,310 $3,475 $3,649 2 $3,263 $3,394 $3,530 3 $3,426 $3,563 $3,706 4 $3,597 $3,741 $3,891 5 $3,777 $3,928 $4,085 Welder Mechanic MT215 $3,276 1 $3,391 $3,527 $3,668 $3,440 $3,612 $3,793 $3,982 2 $3,560 $3,702 $3,850 3 $3,738 $3,888 $4,044 4 $3,926 $4,083 $4,246 5 $4,121 $4,286 $4,457 Z:Salary Ranges Maintenance Crafts 2006 to 2009 Page 3 • MEMORANDUM OF UNDERSTANDING City of West Covina And Mid -Management Employees Represented By West Covina Mid -Management Employees Association Three Year Agreement July 1, 2006 through June 30, 2009 Z:Final Cover MOU 7 106 to 6 30 09 MidMgmt 12 06 • TABLE OF CONTENTS ARTICLE SUBJECT PAGES ARTICLE ONE RIGHTS AND RESPONSIBILITIES ............... 1-7 ARTICLE TWO SALARIES AND COMPENSATION ............... 8 -13 ARTICLE THREE WORK PERIODS, SCHEDULES, OVERTIME AND COMPENSATORY TIME ..................... 14 - 21 ARTICLE FOUR FRINGE BENEFITS .................................... 22 - 27 ARTICLE FIVE LEAVE POLICIES ..................................... 28 - 44 ARTICLE SIX GENERAL PROVISIONS ............................ 45 - 47 SIGNATURE PAGE............................................................... 48 APPENDIX A -1 MID -MANAGEMENT EMPLOYEE UNIT CLASSIFICATIONS ................................... 49 APPENDIX A - 2 MID -MANAGEMENT EMPLOYEE UNIT LABOR MARKET ADJUSTMENTS .............. 50 INDEX.................................................................. SALARY SCHEDULE ATTACHED • Z:Final Cover MOU 7 1 06 to 6 30 09 MidMgmt 12 06 • 0 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 Manager; and Mid -Management Employees Association 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. IL 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 provisions 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. Z:F1M1 Art One MOU 7 106 to 6 30 09 MidMgmt 12 06 Assoc. CI'IY?y IV. ARTICLE ONE 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-1" of this agreement. 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 parry 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, 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 forms approved by the City. The City shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days after receiving the request. The City shall remit to the recognized employee organization the monies from authorized deductions made in accordance with procedures set forth by the City. 4. In the event the employee shall not be entitled to any pay for the first pay period of any month, such deduction shall be made from the wages of such employee earned in the next succeeding pay period in said month. If such employee shall not be entitled to any pay during the succeeding pay period in said month, the City shall not make dues deduction thereafter in respect to the dues of said employee for said month. Z:Final Art One MOU 7 106 to 6 30 09 MidMgmt 12 06 • ASSOC CI 2 der: • is C. Indemnification ARTICLE ONE 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 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. 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. 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. Full pay, as stated, shall mean the employee's current base salary, fringe benefits, and any assigned merit pay. Z:Final Art One MOU 7 106 to 6 30 09 MidMgmt 12 06 ARTICLE ONE 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 permit 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 contained 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: 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. Z:Fiml Art One MOU 7 1 06 to 6 30 09 MidMgmt 12 06 • ASSO n C 4 ARTICLE ONE • 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. • Z:Fina1 Art One MOU 7 106 to 6 30 09 MidMgnt 12 06 CITY 5 ARTICLE ONE 14. To hire, transfer intra- or inter -division, promote, reduce in rank, demote, i reallocate, and terminate employees and take other personnel action for non -disciplinary reasons in accordance with this Agreement and Personnel Rules. 15. To deternrine 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 Z:Fina Art One MOU 7 106 to 6 30 09 MidMgmt 12 06 • ASSOC CITY 6 • ARTICLE ONE 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. VI. NO STRIKE/JOB ACTION PROVISION 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 refusing 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 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 C(1) 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. • ZTinal Art One MOU 7 106 to 6 30 09 MidMgmt 12 06 ASSOC CITY I. II. IV V. VI. ARTICLE TWO • SALARIES AND COMPENSATION SALARY SCHEDULE — July 1, 2006 Effective the first day of the pay period beginning on or after July 1, 2006, all employees in the unit's classifications shall receive a three and one-half percent (3.5%) salary adjustment above their classification's current assigned salary range, which was in effect in the salary range schedule on or after June 30, 2006. SALARY SCHEDULE — June 30, 2007 Effective June 30, 2007, all the employees in the unit classifications in the unit shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range. SALARY SCHEDULE — June 28, 2008 Effective June 28, 2008, all the employees in the unit classifications in the unit shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range. SALARY SURVEY BY ASSOCIATION The West Covina Mid -Management Employees Association will provide a benchmark salary survey after January 1, 2009 using the survey cities recognized by the parties as of 2006. The survey result will be considered by the parties during the meet and confer process for a new memorandum of understanding that will begin in July 2009. SALARIES ROUNDED OFF All salaries shall be rounded to the nearest whole dollar. 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. Z:Fiml Art Two MOU 7 106 to 6 30 09 MidMgmt 12 06 ASSOC `?/ • CIT �— J • • ARTICLE TWO 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-Ratine When a personnel action, such as a demotion due to layoff, reclassification, or job 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. Z: Final Art Two MOU 7 106 to 6 30 09 MidMglmt 12 06 9 A CIT CITY ARTICLE TWO VII. Deferred Compensation A. Mid -Management Unit Employees 1. The City shall contribute for each Mid -Management unit employee, including Communications Supervisors, one hundred fifty dollars ($150.00) per month to a deferred compensation plan. 2. 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. VIII. 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. Each department head shall determine the language skills necessary to effectively conduct City business and activities with the citizens of the community, subject to approval of the City Manager. 4. Human Resources Department shall certify, through examination, that the employee has a basic fundamental conversational skill level in the second language. B. Compensation 1. Eligible employees assigned to Bilingual Allowance receive extra compensation of one hundred dollars ($100.00) per month above their base salary. Z: Final Art Two MOU 7 106 to 6 30 09 MidMBnt 12 06 10 ASSOC my • ARTICLE TWO 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 Finance. This extra compensation shall terminate immediately upon the day the assignment is revoked by the Department Head. 3. Each employee who is assigned to Bilingual allowance shall be required to be re -certified once every two (2) years. After two consecutive successful re -certifications no further re -certification shall be required. C. Limitations 1. The City of West Covina shall recognize only the top five (5) languages and dialects determined by the Language Usage Records, maintained by the City's Communications Department. 2. No bilingual allowance can be granted for any other language unless approved by City Manager. 3. Only one (1) allowance will be paid to an employee regardless of the number of certified languages. IX. Acting Pay Assignment A. Eligibility 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 shall not exceed twelve (12) months, unless extension is approved by the City Manager. 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 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. Z: Final Art Two MOU 7 106 to 6 30 09 MidMgint 12 06 11 ASSOC CI ARTICLE TWO B. Compensation 1. Employees All Unit employees serving in an acting status, will be paid five percent (5%) above their base salary after the completion of the thirtieth (30`h) calendar day of such appointment until the completion.of the appointment, 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. X. 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 have no due process rights. XI. PERS Emplovee's Contribution - Paid by City A. Added to Base Salary Reported to PERS There shall be added one percent (1%) to the Employees base compensation paid by the City and payable to each employee an amount which shall be equal to eight percent (8%) of the salary amount reportable to the Public Employees Retirement System. Such eight percent (8%) shall constitute the entire or partial member's contribution required to be made under the System. B. Constitute Deferred Compensation to PERS The amount of additional compensation payable pursuant to this section X shall constitute deferred compensation and the City shall pay the amount so deferred to the Public Employees Retirement System for the account of the employee entitled thereto as required by Section 20683 of the Government Code. XII. PERS Retirement Benefits The contract between the City and Public Employees' Retirement System (PERS) shall provide the following benefits: Z: Final An Two MOU 7 106 to 6 30 09 MidMgmt 12 06 12 ASSOC C • • ARTICLE TWO 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. One Year Final Compensation Retirement benefits shall be computed using the One -Year Final Compensation Option under PERS Section 20024.2. C. 2.5% nu, 55 Miscellaneous employees 2.5% at age 55 benefit formula. The City shall pay 100% of PERS employer and employee cost (8%). D. 4tn Level Survivor Benefits Fourth Level of 1959 Survivor Benefits PERS Section 21574 for employees covered by this agreement. E. Military Buy Back Military service credit as public service credit under PERS section 21024. Z: Final Art Two MOU 7 1 06 to 6 30 09 MidMgmt 12 06 13 ASSOC ✓' C,Tlt-'— ARTICLE THREE ARTICLE THREE WORK PERIODS/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 nonrepresented 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. H. WORK PERIODS A. 7-Day Work Period The work hours for unit employees shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods. B. Work Schedules — Unit Employees 1. It is understood that City Hall will remain open Monday through Friday, except for holidays, as set forth in this agreement. 2. The City Manager maintains the final authority to determine work schedules as required. C. 5/8 and 4/10 Work Schedules 5/8 and 4/10 work schedule shall consist of a 7-day work period of forty (40) hours that begins on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m., except as modified by management. D. 9/80 Work Schedule 9/80 work schedule shall consist of a 7-day work period of 40 hours as follows: Work week begins on Monday at 12:00 p.m. and ends the following Monday at 11:59 a.m. except as modified by management and; 2. Work week begins on Friday at 12:00 p.m. and ends the following Friday at 11:59 a.m., except as modified by management Z: Final Art Three MOU 7 106 to 6 30 09 MidMgmt 12 06 ASS* C Y 14 .7 0 n u ARTICLE THREE E. 7-Day Work Period — Fixed and Regularly Recurring THEREAFTER, the work periods shall be fixed and regularly recurring 7-day work periods as set forth in the aforementioned. F. 28-DAY Work Period — Fixed and Regularly Recurring Employees assigned to 3/12 work schedule shall work a fixed and regularly recurring 28-day work period of 168 hours. III. TIME WORKED A. Maximum Time Worked — 7-Day Work Period 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. B. 36 Hour Work Plan Monthly salary rates for Unit Employees assigned to 3/12 work schedule are based on a 36 hour work plan with the condition that at the end of each month the employee will owe the City sixteen (16) hours of work time to be reconciled in the following manner and order: Scheduled pay back work day(s). 2- Reduction in time and one-half pay. If the employee is unable to reconcile the sixteen (16) hours as stated above, and the employee has four (4) or more hours that remain to be reconciled he/she may work an additional day to reconcile the time. 4. If the employee does not wish to work an additional day or has less than four (4) hours to reconcile at the end of the month, he/she may use vacation or compensatory time to reconcile the time owed the City. IV. TIME NOT CONSIDERED AS WORK TIME A. Activities Not Work Time The following activities shall not be considered time worked, except as provided for in this agreement. Z: Final Art Three MOU 7 106 to 6 30 09 MidMgmt 12 06 15 ASSOC- CITY. 1I1 VI. ARTICLE THREE Non -paid meal breaks. 2. Leave of absence taken without pay. 3. Travel time to work and returning home in either personal or City vehicle. 4. Time in off -duty training assignments (homework, study time, meal time, sleep time, etc.) 5. Off -duty travel to training sites and returning home. 6. Off -duty time putting on and taking off uniforms. 7. Off -duty time for personal preparation and clean-up. 8. Off -duty time spent in the maintenance of City vehicles or equipment. 9. Time worked for which unit employees have already been paid at one and one half (1 '/2) time their regular rate of pay within assigned 40-hour work period. 10. Off -duty time spent on court standby time. 11. Any time not authorized as work time. 12. Any time spent by employees in accomplishing voluntary Employee Assistance Program (EAP). CHANGE IN WORKING HOURS Any foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be approved by management. 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. • Z: Final M Three MOU 7 106 to 6 30 09 MidMgan 12 06 16 • ASSOC Cf • • ARTICLE THREE 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. Benefit and Not a Right Break -rest periods are a benefit and not a right, and time must be earned as any other benefit. C. 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. VII. OVERTIME - COMMUNICATIONS SUPERVISOR 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 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 leave, holidays, jury duty and compensatory time off shall be considered hours worked. B. Employees Covered by FLSA 7 (bl Exemption For Communications Supervisor employees covered by the 7(b) exemption exception to the Fair Labor Standards Act on the 3/12 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 reconciled the hours owed to the City per this Z: Final Art Three MOU 7 106 to 6 30 09 MidMgmt 12 06 17 ASSOC CI ARTICLE THREE Agreement. Once the employee has reconciled the hours owed to the City per this agreement, the remaining overtime work is paid at time and one-half. C. Overtime Authorization 1. 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. An emergency shall be construed as an unforeseen combination of circumstances which calls for immediate action, as determined by management. VIII. ELECT TO USE COMPENSATORY TIME — COMMUNICATIONS SUPERVISOR 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 Como Time is Approved No Request 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. Z: Final Art Tl r MOU 7 106 to 6 30 09 MidMgmt 12 06 18 ASSOC CITY • • • • IX. X. ARTICLE THREE TIME WORK INCREMENTS — COMMUNICATIONS SUPERVISOR A. Increments — Less Than One Hour 1. All authorized time worked which is beyond the Communications Supervisors' work shift schedule which is less than one -hour increments shall be compensated in the following manner: Time 0 — 10 minutes I I — 20 minutes 21— 30 minutes 31— 50 minutes 51 — 60 minutes Time Worked -0- /< hour %2 hour '/< hour 1 hour 2. Incidental Overtime — Not Comnensable 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. OVERTIME "COMPENSATORY TIME" ACCUMULATED AND PAYMENT - COMMUNICATIONS SUPERVISOR A. Eligibility Communications Supervisors may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank. 1. Total Hours Comp Time — Communications Suaervisor Communications Supervisor maximum accumulation is set forth in Article Five Section I. 2. Compensatory Time at Termination All accumulated compensatory time for Communications Supervisor 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 currently hourly rate of pay. Z: Final Art Three MOU 7 106 to 6 30 09 MidMgmt 12 06 19 ASSOC CITY /V A Lill ARTICLE THREE 3. Compensatory Time - Change in Classification • Any Communications Supervisor who changes classification and who has accumulated any hours of compensatory time shall have all their accumulated compensatory hours paid off at their current hourly rate of pay. EMERGENCY OVERTIME REQUIREMENT The City reserves the right to require Communications Supervisors to work overtime in an emergency as determined by management. 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. Travel time to work and returning home shall not be counted as time worked. B. Stand -By 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 immediately as directed by management. 3. Unit employees on -call status may be required to return to work immediately as directed by management. 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. Z- Final An. Thre MOU 7 106 to 6 30 09 MidMgmt 12 06 20 isA CITY/ CTI'Y • • ARTICLE THREE XIII. CALL-BACK COMPENSATION Communications Supervisors Call -Back Communications Supervisors 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. XIV. 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 beyond the employee's regular assigned work shift. Z: Final Art Throe MOU 7 106 to 6 30 09 MidMgnt 12 06 21 ASSOC CITY G ARTICLE FOUR ARTICLE FOUR . FRINGE BENEFITS L 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. 2. 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. MEDICAL INSURANCE A. City Monthly Medical Insurance Premium Contribution Effective July 1, 2006, the City shall pay up to Kaiser Plan +2 or more rate Per month towards employee cost of health (medical) insurance premiums for eligible employees. B. Medical Insurance Cap - $600 00 1. The maximum monthly amount unit employees may choose to use toward the City's payment for medical premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at $600 per month. Any cost paid by the City above $600 can only be used for monthly medical premiums. Z: Final An Four MOU 7 106 to 6 30 09 MidMgmt 12 06 • ASSOC CI 22 E • ARTICLE FOUR III. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION A. City Contribution Amount 1. 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 amounts in the following IV-A-2 should be paid by the City per month per eligible retiree shall be contributed towards the payment of premiums for retiree health insurance under the Program. 2. Amount Paid Per Month Effective Date Per City Per Eligible Retiree January 1, 2007 $80.80 per month January 1, 2008 $97.00 per month January 1, 2009 To Be Determined by PERS 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. DENTAL INSURANCE BENEFIT A. Dental Insurance Monthly Premium — City Contribution 1. Effective July 1, 2006, the City shall pay up to a maximum of thirty dollars and ninety-four cents ($30.94) per month for the cost of a dental plan for employees and their qualified dependents. 2. Effective January 1, 2007, the City shall pay up to a maximum of $53.28 per month for the cost of a dental plan for employees and their qualified dependents. V. VISION PLAN Effective July 1, 2007, the City shall pay for a Vision Plan for employees only. Employees may enroll eligible dependents in the plan, at the employee's cost. Z: Final M Four MOU 7 106 to 6 30 09 MidMgmt 12 06 23 ASSOC CIT� ARTICLE FOUR VI. EMPLOYEE HEALTH BENEFITS COMMITTEE AND STUDY • A. Purpose of Committee and Study The City and Association agree to participate in Joint Management -Employee Health Benefit Committee which will study the feasibility of withdrawing from the Public Employees' Medical Care Act (PERS Health Care) and participating in other employee health benefit plans which will be studied. B. 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. VH. RETIREE HEALTH SAVINGS PLAN ** The RHS Plan will be subject to regulatory and provider regulations ** EFFECTIVE DATE: DULY 1, 2007 Employee Contribution $25 per month minimum 2. Employer Contribution $75 per month 3. ** Employee may convert vacation accumulation annually pursuant to any existing MOU provisions for his/her bargaining unit for deposit into RHS (refer to Article Five, II., F.2. a. and b.). 4. ** Employee may deposit any annual sick leave cash out pursuant to any existing MOU provisions into RHS. ** Employee may deposit up to 100% of vacation payoff at retirement/termination into RHS. ** Employee may deposit any sick leave payoff at retirement/termination into RHS. Any hours not cashed out or deposited into RHS at retirement will continue to be applied as PERS service time credit. Employer Lump Sum RHS Contribution: A. Employee must be full time West Covina City employee as of 7/1/06 to qualify for this benefit. B. Employee must take a service or disability retirement from the City of West Covina to qualify for this benefit C. Lump sum RHS contribution 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) D. To obtain the lump sum benefit employee must retire from the City of West Covina by 7/1/17 or after the fast pay period following the employee's 62vd Z: Final Art Four MOU 7 106 to 6 30 09 MidMgmt 12 06 24 • ASSOC C • • ARTICLE FOUR birthday, whichever comes first. Unit employees who are age 62 within the first six months of the program shall have six months beyond their 62nd birthday to retire before losing any lump sum entitlement. E. Employees working beyond the sunset provisions under "D" above will have their lump sum amount reduced by $900 each year after the 10 year/age 62 provision until they retire. AMOUNT OF BENEFIT *Emplovee's Years of Service as of 7/1/07 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) VIII. 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. IX. LIFE INSURANCE A. Term Policy - Mid -Management Unit Employees 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. Z: Final Act Four MOU 7 106 to 6 30 09 MidMgtnt 12 06 25 ASSOC C ARTICLE FOUR X. 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. XI. UNIFORM ALLLOWANCE - COMMUNICATIONS SUPERVISORS Communications Supervisors shall receive a Uniform Allowance of $500 per year. Such allowance shall be paid in the month of January of each year. XII. UNIFORM REQUIREMENTS 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. XIII. 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 is set forth in Administrative Policy approved on August 13, 1992, and amended thereafter. Z: Final Art Four MOU 7 106 to 6 30 09 MidMgtnt 12 06 • 26 • ASSOC C ARTICLE FOUR C. Reimburse City If Terminate Within Two Years — Mid -Management Employee 1. 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. 2. Mid -Management employee reimbursement shall be based on pro -rated monthly basis over a 24-month period. XIV. 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. 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 which they would not otherwise be entitled to shall be subject to: a) denial of requested benefits; and/or b) disciplinary action up to and including removal. • Z: Final Art Four MOU 7 106 to 6 30 09 MidMgmt 12 06 27 ASSOC CITY ARTICLE FIVE I. HOLIDAYS A. B. ARTICLE FIVE LEAVE POLICIES Official Fixed Holidays The City shall recognize the following days as official City fixed holidays: New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (unless Christmas falls on a Saturday, Sunday, or Monday) Christmas Day 2. Fixed Holidays — 8 Hours Leave With Pay Each fixed holiday granted to employees shall be eight (8) hours of time off with pay. Any additional time taken off above eight (8) hours per each fixed holiday must be deducted from the employee's other leaves, such as vacation, floating holiday leave, or compensatory time. Communications Su ervisors Working on Fixed Holidays 1. 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 eight (8) hours for that holiday. 2. Such time shall be accounted for separately from overtime compensatory time but shall be included in the maximum of 144 hours (fixed holiday leave time and compensation time combined) allowed for all compensatory time. Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 W • ARTICLE FIVE • 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. 2. 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. 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 1. 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 • Z: Final Art Five MOU 7 106 to 6 30 09 MidMgtnt 12 06 29 ' ASSOC CITY G. ffm I. J. K ARTICLE FIVE deducted from vacation, sick leave pay-off, or salary when final payroll checks are computed. 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. Paid Status Eliaibility 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. Observation of Saturday and Sunday Holidays For those employees whose normal workweek 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. 2. When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. 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 eight (8) hours leave time for the holiday. This time can be taken as either eight (8) 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. Holiday Scheduling The City reserves the right to require employees to work on fixed holidays. Z: Final An Five MOU 7 106 to 6 30 09 MidMgmt 12 06 30 ASSOC CITY C • • • ARTICLE FIVE II. VACATION A. B. C. 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. 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 fi At completion of 12 months add 40 hours Limitation — Vacation Leave Accrual Employees shall not be allowed to accrue vacation leave beyond the stated maximums. 2. 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. 3. 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, the Human Resources Director will approve a waiver of the maximum allowed unused balance for a period not to exceed six (6) months per fiscal year. Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 31 ASSOC CITY ARTICLE FIVE D. Vacation Leave Accrual for Holidays • If a fixed holiday falls within a scheduled vacation period, eight (8) additional hours of vacation leave shall be granted. E. Payment for Unused Vacation Leave Time at Termination 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 leave time on the effective date of termination. F. Payment for Unused Vacation 1. Edibility 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 a. 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 calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head. 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 120 hours accumulated vacation time in any one calendar 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 department head. G. Advance Payment for Vacation , 1. Any employee who is authorized to take forty (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. Z: Final Act Five MOU 7 106 to 6 30 09 MidMgmt 12 06 32 • ASSO ARTICLE FIVE • 2. 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. 3. 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 and Finance Director. H. 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. I. Vacation Leave — New Employees 1. 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. 2. 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.) J. Vacation — Retiree Health Savings ** The RHS Plan will be subject to regulatory and provider regulations ** Employee may convert annual vacation accumulation as stated in Article Five, II., F.2. a. and b. above into Retiree Health Savings Plan. III. ADMINISTRATIVE LEAVE — MID -MANAGEMENT A. Amount of Administrative Leave Mid -Management Unit employees, except Communications Supervisors, 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 Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 33 ASSOC CI ARTICLE FIVE calculated at the rate of 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 1. In lieu of Administrative Leave, Communications Supervisors shall receive paid overtime at the rate of time and one-half (1-1/2) for all hours in excess of the normal daily work shift. 2. Employees will be allowed the option of receiving pay or compensatory time at the rate of time and one-half (1-1/2) for all overtime worked to a maximum of 144 hours of overtime compensatory time and holiday compensatory time as set forth in Article Five, Section 13 may be accrued. D. Administrative Leave Policy The specific details of the Administrative Leave Policy is set forth in Administrative Policy approved October 1, 1996, and amended thereafter by the City Manager. IV. SICK LEAVE A. Sick Leave Benefit Sick leave is a benefit and not a right and 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. 2. The sick leave benefit should be thought of as an insurance policy, it insures and protects employees from a loss in wages when they are unable to work because of an illness or injury. B. Sick Leave Earned Employees shall accrue ninety-six (96) hours of sick leave per calendar year. 2. 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 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. Z: Final An Five MOU 7 106 to 6 30 09 MidMgtnt 12 06 34 is ARTICLE FIVE 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. 2. 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 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: 1. - By November of each calendar year, the City will determine the amount of unused sick leave for each regular employee. 2. The maximum amount of sick leave hours cashed each calendar year at the employee's hourly rate is forty (40) hours. Each employee must carry over to a sick leave "bank" a minimum of fifty- six (56) current year unused hours in December, and may request cash Payment for any hours above fifty-six (56) current year unused hours or may add it to the sick leave bank. 4. Sick leave used by an employee during each calendar year will be charged against the employee's current year earnings. 5. If fifty-six (56) 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. Z: Final Act Five MOU 7 106 to 6 30 09 MidMgmt 12 06 35 ASSOC CITY ARTICLE FIVE 6. To qualify for this program, employees shall not be allowed to change sick • leave to other forms of paid leave. E. Sick Leave Payoff Upon Termination Mid -Management employees, 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. F. Use of Sick Leave 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. Employee's 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 Z: Final Aft Five MOU 7 106 to 6 30 09 MidMgnt 12 06 36 y, • ASSOC C • ARTICLE FIVE 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. 2. The phrase "immediate family," for the use of sick leave, is defined under Bereavement Leave of this Article Five, as spouse, parent, grandparent, brother, sister, child, stepchild, grandchild, and in-laws. H. Temporary Disability A City employee who is. entitled to temporary disability indemnity under Div. 4, Div. 4.5 of the State 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. 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: Disability arising from sickness or injury purposely self-inflicted or caused by any of his/her own willful misconduct. 2. Sickness or disability sustained while on leave of absence, other than regular vacation leave or sick leave. 3. 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 in addition to 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 • Z: Final Act Five MOU 7 106 to 6 30 09 MidMgmt 12 06 37 ASSOC CI K. L. ARTICLE FIVE for the period of illness. Management has discretion in approving or disapproving • such request. Holiday During Sick Leave Observed holidays occurring during sick leave shall not be deducted from employee's sick leave time. 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 after 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. B. Iniury/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. 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 to be permanent and stationary and unable to return to their usual and customary duties. 2. 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. Z: Final Art Five MOU 7 1 06 to 6 30 09 MidMgmt 12 06 38 ASSOC CITjY / J ARTICLE FIVE • 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, 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 Military leave with pay shall be granted in accordance with Section 395 of the State Military and Veteran's Code. B. Inactive Military Service 1. Any unit employee who is on inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken 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 • Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 39 ASSOC C ARTICLE FIVE compensation as such public employee for the first thirty (30) calendar days • of any such absence. 2. Pay for such purposes shall not exceed thirty (30) days in any one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency 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 1. 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. 2. 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 Medical and Dental Insurance benefit 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. VIII. JURY DUTY 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 Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 40 . ASSOC C is • IX. ARTICLE FIVE 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, one (1) time for a maximum of 160 hours, paid leave for such purposes during any three (3) consecutive years of employment All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City. City Administrative procedures will govern further details of this program. 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.. Only those employees with at least one (1) year of continuous City employment shall be eligible. B. Family Illness Leaves due to serious health condition of a child, spouse or parent 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 I. 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 Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 41 ASSOC 11 X. XI. ARTICLE FIVE disability period of a female employee which is in conjunction with the 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. 2. 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). 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 months and subject to such conditions as the City Council may deem advisable. 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. The aggregate of all such leave shall not be more than one year. 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 year of continuous service. 2. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason. Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 42 ASSOC Cl • ARTICLE FIVE D. Leave of Absence Without Pay - Duration 1. 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. 2. 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. E. Leave of Absence — Employee Iniured 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 salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken. Z: Final Art Five MOU 7 106 to 6 30 09 MidM®mt 12 06 43 ASSOC C ARTICLE FIVE XII. FAILURE TO RETURN FROM LEAVE 1, 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. 2, The City reserves the right to revoke or cancel any authorized leave for reasons, which the City finds to be sufficient. • Z: Final Art Five MOU 7 106 to 6 30 09 MidMgmt 12 06 44 . ASSOC CI • is ARTICLE SIX ARTICLE SIX GENERAL PROVISIONS I. 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. 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 hi 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. Z: Final Art Six MOU 7 106 to 6 30 09 MidM®mt 12 06 45 z IV. V. VI. ARTICLE SIX PROVISIONS OF MEMORANDUM A. Sole and Entire Memorandum of Understandin 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 asserted hereunder or otherwise. This memorandum of Understanding is not intended to cover any matters preempted by Federal or State law. B. Personnel and Departmental Rules 1. 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. 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. 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 Associations which would take effect on or after July 1, 2009 the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 2009. Said request shall contain all of the proposed changes in wages, hours, and conditions of employment proposed by the Associations to take effect on or after July 1, 2009. Z- Final Art Six MOU 7 106 to 6 30 09 MidMgmt 12 06 46 ASSOC CITE/ • • ARTICLE SIX VIL RATIFICATION AND IMPLEMENTATION A. ACKNOWLEDGEMENT 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 this 14`s day of December 2006. D. Term of Memorandum of Understandin The term of this Memorandum of Understanding shall be for a period of three (3) years, commencing on July 1, 2006 and terminating after June 30, 2009. Z: Final Art Six MOU 7 106 to 6 30 09 MidMgmt 12 06 47 ASSOC CI PARTIES TO THE AGREEMENT Mid -Management Employee Association -�� / rio Kelly WcDonald, President Mid -Management Employees Association Y lit, Barbara Briley, Representat� e Mid -Management Employee4Association aI %Zwz;�' Alex Houston, Representative Mid -Management Employees Association ARTICLE SIX City of West Covina A 'e A. r ds, ssistant City anager and Interim Hinfian Resources Director - Thomas IfachnraT Finance Director Co -Chief Negotiator Traci Bailey -Hu son, Management Analyst 11 IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed this 14 day of December, 2006. Mid -Management Employees Association By: Ke McDonald, President Mo so NO ZIA City of West Covin Andrew G. Pasmant, City Manager Z: Final Art Six MOU 7 106 to 6 30 09 MidMgmt 12 06 48 ASSOC cFry/ I& • APPENDIX APPENDIX L°A" CITY OF WEST COVINA MID -MANAGEMENT EMPLOYEE UNIT The following are those classifications which have been recognized by the City to be assigned to the Mid -Management Unit: JOB TITLES/CLASSIFICATIONS Accounting Manager Assistant CDC Director Assistant to the City Manager Building Official Civil Engineering Associate Communications Supervisor Community Services Manager Computer Systems Administrator Controller Deputy Building Official Economic Development/Housing Manager Equipment Maintenance Supervisor Human Resources Analyst I, II Maintenance Operations Manager Management Analyst I, II (formerly Administrative Analyst) Park Maintenance Supervisor Plan Check Engineer Police Administrative Services Manager Police Records Supervisor Principal Engineer Principal Planner Public Works Project Supervisor Purchasing Manager Recreation Services Manager Recreation Services Supervisor Redevelopment Manager Redevelopment Project Manager Safety and Claims Manager Senior Citizens Services Supervisor Senior Community Enhancement Officer Senior Planner Senior Redevelopment Project Manager Senior Software Developer Software Development Manager Street Maintenance Supervisor Superintendent of Maintenance Operations Telecommunications Coordinator * Communications Sup receives overtime pay and does not qualify for Admin Leave benefits. • Z: Final Appmdix Al A2 MOU 7 1 06 to 6 30 09 MidMgmt 12 06 ASSOC CI 49 INDEX • A Acting Pay Assignment Eligibility........................................................................................................................ 11 Compensation................................................................................................................. 12 Employees.................................................................................................................. 12 Limitations Appointments to Higher Level Positions............................................................ 12 Administrative Leave Amount of Administrative Leave.......................................................................................... 33 Additional Administrative Leave — Mid -Management Only ......................................................... 33 Communications Supervisor — In Lieu of Administrative Leave... ........... : ..................... .............. 34 Administrative Leave Policy................................................................................................ 34 Amendments to Memorandum of Understanding........................................................................ 46 Appendix A Mid -Management Employee Unit Classifications.................................................................... 49 Article One: Rights and Responsibilities................................................................................... 1 — 7 Article Two: Salaries and Compensation.................................................................................. 8 - 13 Article Three: Work Periods/Schedules/Overtime/Compensatory Time ........................................... 14 — 21 Article Four: Fringe Benefits.................................................................................................. 22 — 27 Article Five: Leave Policies................................................................................................... 28 — 44 Article Six: General Provisions............................................................................................... 45-47 Association and Employee Rights and Responsibilities Association and Employee Rights....................................................................................... 2 PayrollDeduction ............................. ................................................................. I.............. 2 Indemnification............................................................................................................... 3 Association Benefit Plans — Dues....................................................................................... 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3-4 Release Time — Grievances............................................................................................... 4 BulletinBoards................................................................................................................ 4 A BereavementLeave............................................................................................................. 39 Bilingual Allowance — Communications Supervisor Eligibility......................._ ............................................................................................... 10 Compensation................................................................................................................ 10 - 11 Limitations..................................................................................................................... 11 Breaks — Rest Periods Two 15 — Minute Breaks — Rest Periods............................................................................... 16 - 17 Numberof Breaks........................................................................................................ 16 Non-accumulative........................................................................................................ 17 Not Used at Beginning and End of Workshift ..................................................................... 17 Benefitand Not a Right.................................................................................................... 17 Rest Period Procedure..................................................................................................... 17 Scheduled Not to Impair Service.................................................................................... 17 Lengthof Rest Period.................................................................................................. 17 • ZYmal Index MOU 7 106 to 6 30 09 MidMgmt 12 06 iCall -Back Compensation Communications Supervisor Call-Back................................................................................. 21 Changein Working Hours...................................................................................................... 16 Classifications, Mid -Management Employee Unit........................................................................ 49 Communications Supervisors Court Stand -By Compensation Per Occurrence............................................................................................. 21 Compensatory Time, Elect to Use — Communications Supervisor Only Approval........................................................................................................................ 18 Once Comp Time is Approved No Request for Cash Payment ................................................. 18 Use of Compensatory Time............................................................................................... 18 See also Overtime "Compensatory Time" Accumulated and Payment • DeferredCompensation......................................................................................................... 10 Definitions — Call-back, Stand -By, On -Call, and Court Stand -By "On -Call" Call-back........................................................................................................................ 20 Stand-by........................................................................................................................ 20 CourtStand-by "On-Call"................................................................................................... 20 Dental Insurance Benefit Dental Insurance Monthly Premium — City Contribution............................................................ 23 DisabilityLeave, Work Related............................................................................................... 38 - 39 C Emergency Overtime Requirement.......................................................................................... 20 Emergency Waiver Provisions................................................................................................ 45 Employee Health Benefits Committee and Study Purpose of Committee and Study........................................................................................ 24 New Health Benefit Plan — Meet and Confer.......................................................................... 24 F Failure to Return from Leave.................................................................................................. 44 Family Care Leave . Birthor Adoption............................................................................................................. 41 FamilyIllness.................................................................................................................. 41 Useof Paid Leave........................................................................................................... 41 - 42 Floating Holiday, see Holidays FringeBenefits.................................................................................................................... 22 - 27 Fringe Benefits Administration Provision Administration................................................................................................................. 22 Selectionand Funding...................................................................................................... 22 Changes........................................................................................................................ 22 Gender.............................................................................................................................. 1 General Provisions.............................................................................................................. 45 — 47 Z:Final Index MOU 7 106 to 6 30 09 MidMinnt 12 06 H •Health Benefits — see Medical Insurance, Dental Insurance, Vision Plan and Retiree Health Benefit Health Benefits Committee and Study...................................................................................... 24 Holidays OfficialFixed Holidays..................................................................................................... 28 Fixed Holidays — 8 Hours Leave With Pay........................................................................... 28 Communications Supervisor Working on Fixed Holidays.......................................................... 28 Floating Holiday Leave (Previously Referred to as "Personal Leave") ......................................... 29 FloatingHoliday Leave..................................................................................................... 29 Floating Holiday Leave — Reinstated Employees................................................................... 29 Floating Holiday Leave — Terminating Employees.................................................................. 29 Limitations on Holiday Leave............................................................................................. 30 Paid Status Eligibility....................................................................................................... 30 Observation of Saturday and Sunday Holidays...................................................................... 30 Holidays Occurring on Regular Scheduled Day Off.................................................................. 30 HolidayScheduling......................................................................................................... 30 Hoursof Work Policy............................................................................................................ 14 Insurance, see Life Insurance, Long Term Disability Insurance, Medical Insurance, PERS Retirement Benefits, Vision Plan J Jury Duty JuryDuty Policy............................................................................................................... 40 Jury Fees Returned to the City ........................................................................................... 41 L Leave of Absence With Pay (Special)...................................................................................... 42 Leaves of Absence Without Pay Unauthorized Absence — Automatic Termination.................................................................... 42 Unauthorized Absence — Other Disciplinary Action................................................................. 42 AuthorizedAbsence........................................................................................................ 42 Leave of Absence Without Pay — Duration........................................................................... 43 Leave of Absence — Employee Injured on Job...................................................................... 43 Accrualof Benefits.......................................................................................................... 43 Leave, Failure to Return From................................................................................................ 44 LeavePolicies.................................................................................................................... 28 - 44 Leaves, see also Article Five, Bereavement Leave, Compensatory Time, Holidays, Floating Holiday, Jury Duty, Military Leave, Sick Leave, and Vacation Life Insurance Term Policy - $50,000 and Post -Retirement Benefit -$10,000................................................... 25 Limitation on Assignments.................................................................................................... 12 Long Term Disability Insurance Benefit........................................................................................................................... 26 More Specific Information.................................................................................................. 26 • Z:Final Index MOU 7 106 to 6 30 09 MidMgmt 12 06 •Management Rights and Responsibilities ManagementRights.......................................................................................................... 4-6 Authority of Third Party Neutral........................................................................................... 6 Impact of Management Rights............................................................................................ 6 Medical Insurance City Monthly Medical Insurance Premium Contribution............................................................ 22 Medical Insurance Cap -$600............................................................................................. 22 Meet and Confer, Notice of Future........................................................................................... 46 Mileage Reimbursement — Private Vehicle Using Private Vehicles for Approved City Business................................................................. 27 Mileage Reimbursement Rate............................................................................................ 27 AdministrativePolicy........................................................................................................ 27 Military Leave State Military and Veteran's Code....................................................................................... 39 Inactive Military Service.................................................................................................... 39 - 40 Active Military Service...................................................................................................... 40 Misuseof Benefits............................................................................................................... 27 W No Strike/Job Action Provision ProhibitedConduct.......................................................................................................... 7 EmployeeTermination...................................................................................................... 7 Association Responsibilities............................................................................................... 7 Notice of Future Meet and Confer............................................................................................ 46 0 Overtime — Communications Supervisor OvertimePolicy.............................................................................................................. 17 Employees Covered by FLSA 7 (b) Exemption...................................................................... 17 Overtime Authorization..................................................................................................... 18 Overtime "Compensatory Time" Accumulated and Payment — Communications Supervisor Eligibility........................................................................................................................ 19 Total Hours Comp Time................................................................................................ 19 Compensatory Time at Termination................................................................................. 19 Compensatory Time Change in Classification.................................................................... 20 Overtime, Emergency Requirement......................................................................................... 20 I� Parties to Memorandum of Understanding Mid -Management Employee Association.......................................................................... 1 Parties to the Agreement (Signature Page)................................................................................ 48, PERS Employee's Contribution — Paid by City Added to Base Salary Reported to PERS.............................................................................. 12 Constitute Deferred Compensation to PERS......................................................................... 12 • Z:Final Index MOU 7 106 to 6 30 09 MidMgmt 12 06 PERS Retirement Benefits 12 - 13 • UnusedSick Leave.......................................................................................................... 13 OneYear Final Compensation............................................................................................ 13 2.5% @ 55..................................................................................................................... 13 4tt' Level Survivor Benefits................................................................................................. 13 MilitaryBuy Back............................................................................................................. 13 Provisions of Memorandum Sole and Entire Memorandum of Understanding..................................................................... 46 Personnel and Departmental Rules..................................................................................... 46 IN Ratification and Implementation Acknowledgement............................................................................................................ 47 Mutual Recommendation................................................................................................... 47 Ratification..................................................................................................................... 47 Term of Memorandum of Understanding.............................................................................. 47 Recognition WCMMEA Recognized Employee Organization - Mid -Management Unit Employees ..................... 1 Classifications Recognized................................................................................................ 2 Retiree Health Benefit — City's Monthly Contribution CityContribution Amount................................................................................................... 23 If City No Longer in PIERS Health Plan................................................................................. 23 Retiree Health Savings Plan................................................................................................... 24 - 25 Rights and Responsibilities Association and Employee Rights....................................................................................... 2 PayrollDeduction............................................................................................................ 2 Indemnification............................................................................................................... 3 Association Benefit Plans — Dues....................................................................................... 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3-4 ReleaseTime — Grievances ...... ..........................................:.............................................. 4 BulletinBoards................................................................................................................ 4 S Salariesand Compensation................................................................................................... 8-13 Salary Schedule Salary Schedule — July 1, 2006........................................................................................... 8 SalarySchedule — June 30, 2007......................................................................................... 8 Salary Schedule — June 28, 2008......................................................................................... 8 SalarySurvey By Association, ............................................................................................ 8 SalariesRounded Off....................................................................................................... 8 Salary Administration 8-9 Specific Information in Personnel Rules........................................................................... 8 Effective Date of Step Increases and Extra Compensation................................................... 9 Right to Raise Salaries, Other Compensation and Benefits ................................................... 9 BaseSalary ............................................................................................................... 9 ExtraPay/Compensation.............................................................................................. 9 Y-Rating.................................................................................................................... 9 Section125 Plan.................................................................................................................. 25 Severability Provision MOU Remains in Full Force and Effect................................................................................. 45 Successor Provision......................................................................................................... 45 • Z:Final Index MOU 7 106 to 6 30 09 MidMgmt 12 06 Sick Leave SickLeave Benefit........................................................................................................... SickLeave Earned.......................................................................................................... . 34 Reinstatement of Sick Leave ..................................... ............................ :........................... 34 - 35 Sick Leave Annual Payoff Program.................................................................................... 35 Sick Leave Payoff Upon Termination.................................................................................. 35 - 36 Useof Sick Leave............................................................................................................ 36 Approval.................................................................................................................... 36 Physician's Certificate on Use of Sick Leave..................................................................... 36 Physical Examination May be Required........................................................................... 36 Use of Sick Leave — Care of Immediate Family..................................................................... 36 TemporaryDisability........................................................................................................ 37 SickLeave Limitations..................................................................................................... 37 Sick Leave During Vacation.............................................................................................. 37 Holiday During Sick Leave................................................................................................ 37 Use of Sick Leave to Offset Disability Retirement.................................................................. 38 Special Leave of Absence with Pay......................................................................................... 42 `I Time not Considered as Work Time Activities not Work Time.................................................................................................... 15 - 16 Time Work Increments —Communications Supervisor Increments — Less Than One Hour...................................................................................... 19 Incidental Overtime —Not Compensable............................................................................... 19 Increments Over One Hour................................................................................................ 19 Time Worked Maximum Time Worked — 7-Day Work Period........................................................................ 15 36 Hour Work Plan.......................................................................................................... 15 Tuition Reimbursement Program Maximum Reimbursement................................................................................................ 26 AdministrativePolicy........................................................................................................ 26 Reimburse City if Terminate Within Two Years — Mid -Management Employee .............................. 27 U Uniform Allowance — Communications Supervisor....................................................................... 26 UniformRequirements........................................................................................................... 26 U Vacation VacationPolicy............................................................................................................... 31 Vacation Leave Earned and Accumulated............................................................................ 31 Limitation — Vacation Leave Accrual.................................................................................... 31 Vacation Leave Accrual for Holidays.................................................................................... 32 Payment for Unused Vacation Leave Time at Termination....................................................... 32 Payment for Unused Vacation........................................................................................... 32 Advance Payment for Vacation.......................................................................................... 32-33 Vacation Leave — Reinstated/Reemployed Employees............................................................ 33 Vacation Leave — New Employees...................................................................................... 33 Vacation — Retiree Health Savings....................................................................................... 33 VisionPlan.......................................................................................................................... 23 Z:Final Index MOU 7 106 to 6 30 09 MidMgmt 12 06 W Provision Bargaining During Term Agreement •Waiver on ............................................................. 45 Work Periods/Schedules/Overtime/Compensatory Time............................................................... 14 - 21 Work Periods 7-Day Work Period........................................................................................................... 14 Work Schedules — Unit Employees...................................................................................... 14 5/8 and 4/10 Work Schedules............................................................................................. 14 9/80 Work Schedule......................................................................................................... 14 7-Day Work Period — Fixed and Regularly Recurring............................................................... 15 28-Day Work Period — Fixed and Regularly Recurring ...... :....................................................... 15 Work Related Disability Leave Injury/Illness Arising Out Of and In the Course of Job Duties ..................................................... 38 Temporary Disability Compensation.................................................................................... 38 Salary Step Increases During Leave ............................................... - Review of Safety Committee............................................................................................. 39 WorkingHours, Change In.................................................................................................... 16 • Z:Final Index MOU 7 106 to 6 30 09 MidMgmt 12 06 • CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MID -MANAGEMENT EMPLOYEES' ASSOCIATION As of 6/30/06 Effective 7/1/06 3.5% Salary Adjustment Effective 6/30/07 4% Salary Adjustment Effective 6/28/08 4% Salary Adjustment Job Title Beg Range Top Range Beg Range Top Range Beg Range Top Range Beg Range Top Range Accounting Manager $5,211 $7,035 $5,393 $7,281 $5,609 $7,572 $5,833 $7,875 Assistant CDC Director $6,535 $8,823 $6,764 $9,132 $7,035 $9,497 $7,316 $9,877 Assistant to the City Manager $5,436 $7,339 $5,626 $7,596 $5,851 $7,900 $6,085 $8,216 Building Official* $5,555 $7,499 $5,749 $7,762 $5,979 $8,073 $6,218 $8,396 Civil Engineering Associate $4,378 $5,910 $4,531 $6,117 $4,712 $6,362 $4,901 $6,617 Communications Supervisor $4,040 $5,454 $4,181 $5,645 $4,348 $5,871 $4,522 $6,106 Community Services Manager $4,853 $6,553 1 $5,023 $6,7821 $5,224 $7,0531 $5,433 $7,335 Computer Systems Administrator $5,256 $7,0951 $5,440 $7,343 $5,658 $7,637 $5,884 $7,943 Controller $5,923 $7,9961 $6,130 $8,276 $6,375 $8,607 $6,630 $8,951 Deputy Building Official $5,817 $8,2451 $6,021 $8,534 $6,262 $8,875 $6,513 $9,230 Economic Development/HsDevelopment/Hsg $5,880 $7,9381 $6,086 $8,216 $6,329 $8,545 $6,5821 $8,887 Equipment Maintenance Supervisor $4,247 $5,733 1 $4,396 $5,934 $4,752 $6,171 $4,7551 $6,418 Human Resources Analyst I $3,863 $5,2161 $3,998 $5,399 $4,158 $5,615 $4,324 $5,840 Human Resources Analyst II $4,223 $5,7011 $4,371 $5,901 $4,546 $6,137 $4,729 $6,383 Maintenance Operations Manager $5,5451 $7,486 $5,739 S7,7481 $5,969 $8,058 $6,208 $8,380 Management Analyst I (formerly Administrative Analyst I $3,549 $4,791 $3,673 $4,959 $3,820 $5,157 $3,973 $5,363 Management Analyst II (formerly Admininstrative Analyst II) $4,420 $5,967 $4,575 $6,176 $4,758 $6,423 $4,948 $6,680 Park Maintenance Supervisor $4,200 $5,670 $4,347 $5,869 $4,521 $6,104 $4,702 $6,348 Plan Check Engineer $5,817 $7,853 1 $6,021 $8,128 $6,262 $8,453 $6,513 $8,791 Police Admin. Services Mgr. $5,215 $7,0411 $5,398 $7,287 $5,614 $7,579 $5,839 $7,882 Police Records Supervisor $4,169 $5,6271 $4,315 $5,824 $4,488 $6,057 $4,668 $6,299 Principal Engineer $5,817 $7,853 1 $6,021 $8,128 $6,262 $8,453 $6,513 $8,791 Principal Planner $5,243 $7,0781 $5,427 $7,326 $5,644 $7,619 $5,870 $7,924 Public Works Project Supervisor $5,289 $7,1401 $5,474 $7,390 $5,693 $7,686 $5,921 $7,993 Purchasing Manager $4,645 $6,271 $4,808 $6,491 $5,000 $6,751 $5,200 $7,021 Recreation Services Manager $5,430 $7,331 $5,620 $7,588 $5,845 $7,892 $6,079 $8,208 Recreation Supervisor $3,926 $5,300 $4,063 $5,486 $4,2261 $5,705 $4,395 $5,933 Redevelopment Manager $5,986 $8,081 $6,196 $8,364 $6,444 $8,699 $6,702 $9,047 Redevelopment Project Manaer $4,940 $6,669 $5,113 $6,902 $5,318 $7,178 $5,531 $7,465 Safety and Claims Manager $4,451 $6,009 $4,607 $6,219 $4,791 $6,468 $4,983 $6,727 Senior Citizens Services Supervisor $3,926 $5,3001 $4,063 $5,486 $4,226 $5,705 $4,395 $5,933 Senior Community Enhancement $4,175 $5,638 $4,321 $5,835 $4,494 $6,068 $4,674 $6,311 Senior Planner $4,569 $6,168 $4,729 $6,384 $4,918 $6,639 $5,115 $6,905 Senior Redevelopment Project $5,235 $7,066 $5,418 $7,313 $5,635 $7,606 $5,860 $7,910 Senior Software Developer $5,256 $7,096 $5,440 $7,344 $5,658 $7,638 $5,884 $7,944 Z: Salary ranges - Mid-Mgmt 2006-2009 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES MID -MANAGEMENT EMPLOYEES' ASSOCIATION • As of Effective Effective Effective 6/30/06 7/1/06 6/30/07 6/28/08 3.5% Salary 4% Salary 4% Salary Adjustment Adjustment Adjustment Job Title Beg Top Beg Top Beg Top Beg Top Range Range Range Range Range Range Range Range Software Development Manager $6,045 $8,1601 $6,257 $8,4461 $6,507 $8,784 $6,767 $9,135 Street Maintenance Supervisor $4,280 $5,7781 $4,430 $5,9801 $4,607 $6,219 $4,791 $6,468 Superintendent of Maintenance Ops $5,329 $7,195 $5,516 $7,447 $5,737 $7,745 $5,967 $8,055 Telecommunications Coordinator $4 040 $5 454 $4 181 $5,6451 $4.3481 $5,8711 $4 522 1 $6 106 • Z: Salary ranges - Mid-Mgmt 2006-2009 • • MEMORANDUM OF UNDERSTANDING City of. West Covina And General Bargaining Unit Represented by the San Bernardino Public Employees Association Three Year Agreement JULY 19 2006-JUNE 309 2009 Z:Cover MOU 7 1 06 to 6 30 09 General 12 06 TABLE OF CONTENTS ARTICLE SUBJECT PAGES ARTICLE ONE RIGHTS AND RESPONSIBILITIES ............... 1-8 ARTICLE TWO SALARIES AND COMPENSATION ............... 9 -13 ARTICLE THREE WORK PERIODS, SCHEDULES, OVERTIME, AND COMPENSATORY TIME .....................14 - 21 ARTICLE FOUR FRINGE BENEFITS .................................... 22 - 28 ARTICLE FIVE LEAVE POLICIES ..................................... 29 - 43 ARTICLE SIX GENERAL PROVISIONS ............................ 44 - 46 SIGNATURE PAGES ............................................................... 47 APPENDIX A GENERAL EMPLOYEE UNIT CLASSIFICATIONS ................................... A APPENDIX B MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE SAN BERNARDINO PUBLIC EMPLOYEE ASSOCIATION REGARDING AGENCY SHOP FOR GENERAL B1-B4 INDEX.............................................................. SALARY SCHEDULE ATTACHED Z:Cover MOU 7 1 06 to 6 30 09 Genera] 12 06 0 0 0 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 Manager; and San Bernardino Public Employees Association Representatives of the San Bernardino Public Employees' Association (hereinafter referred to as "Association"), representing the General Unit Employees. II. GENDER The terms "they" and "their" may be used in this agreement as substitutes for the terms "his," "hen," "his/her," "he," "she," or other terms which would indicate masculine or feminine gender. A. SBPEA Recoenize&Employee Organization — General Unit Employees Pursuant to the provisions 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 San Bernardino Public Employees Association (SBPEA) as the exclusive recognized employee organization on behalf of all full-time salaried non -management and non -mid - management General Unit employees of the City of West Covina. B. Exclusions Those classifications and positions excluded include employees designated as confidential, executive, management, mid -management, or hourly. . ZFinal Art One MOU 7 106 to 6 30 09 General 12 06 ASS CI /iOC% ✓A 1 IV. V ARTICLE ONE C. Classifications Recoenized Specific classifications recognized by the City of West Covina being represented by the SBPEA are listed in Appendix "A- I" of this agreement. AGENCYSHOP The City and the SBPEA have a mutual agreement regarding the implementation and administration of Agency Shop for all General Unit Employees. The details of this agreement are set forth in Appendix `B" of this Memorandum of Understanding. ASSOCIATIONS 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 1. The City shall, during the term of this Agreement, deduct monies for membership dues on a bi-monthly basis (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 forms approved by the City. 2. The City shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days after receiving the request. 3. The City shall remit to the recognized employee organization the monies from authorized deductions made in accordance with procedures set forth by the City. 4. In the event the employee shall not be entitled to any pay for the first pay period of any month, such deduction shall be made from the wages of such employee earned in the next succeeding pay period in said month. If such employee shall not be entitled to any pay during the succeeding pay period in said month, the City shall not make dues deduction thereafter in respect to the dues of said employee for said month. Z:Fiml Art One MOU 7 106 to 6 30 09 General 12 06 2 ARTICLE ONE • 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 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 bi-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 Meetin¢ and Conferring 1. 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. 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 terms 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 assignment pay. Z:Fiml Art One MOU 7 1 06 to 6 30 09 General 12 06 . ASSOCj/__��J/J C v 3 �� Vl. ARTICLE ONE 6. Each parry 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 Association 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 The City may permit the Associations to use certain designated bulletin boards approved by management located at City facilities to post Association related information including e-mail and fax. 2. The Associations agree 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 contained 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. 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 through 2-228, and Personnel Rules, as amended, and including but not limited to the following rights: 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. Z:Final Art One MOU 7 1 06 to 6 30 09 General 12 06 ASSOC�a��7L,� CITX.- 4 ARTICLE ONE • 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. Z:Fiml Art One MOU 7 106 to 6 30 09 General 12 06 ASSOC rLZ 5 CIn 0 ARTICLE ONE 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. 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. Z:Fiml An One MOU 7 106 to 6 30 09 Geneml 12 06 ASCrT,%r 6 ��- i • 0 • ARTICLE ONE C. Impact of Manasement 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. VII. NO STRIKE/JOB ACTION PROVISION 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 refusing 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 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 1. 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. Z:Final Art One MOU 7 106 to 6 30 09 General 12 06 7 ASSOC CITY / ARTICLE ONE 2. If the Association performs all of the responsibilities in good faith set forth • in C (1) 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. Z:Final Art One MOU 7 106 to 6 30 09 Geneml 12 06 A CITY CITY C_ 8 / ARTICLE TWO SALARIES AND COMPENSATION I. SALARY SCHEDULE — July 1, 2006 Effective the first day of the pay period beginning on or after July 1, 2006, all employees in the unit's classifications shall receive a three and one-half percent (3.5%) salary adjustment above their classification's current assigned salary range which, was in effect in the salary range schedule on or after June 30, 2006. II. SALARY SCHEDULE — June 30, 2007 Effective June 30, 2007, all employees in the unit's classifications shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range which, was in effect in the salary range schedule on or after June 30, 2007. III. SALARY SCHEDULE —June 28, 2008 Effective June 28, 2008, all employees in the classifications shall receive a four percent (4%) salary adjustment above their classification's current assigned salary range which, was in effect in the salary range schedule on or after June 30, 2008 IV. SALARIES ROUNDED OFF All salaries shall be rounded to the nearest whole dollar. V. 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. Ri¢ht 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. Z:Final Art Two MOU 7 1 06 to 6 30 09 General 12 06 ASSOC t o CIII� 4"-a1fc"_* &M D. Base Salary 0 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, allowances and/or bonuses. F. Y-Rating 1. When a personnel action, such as a demotion due to layoff, reclassification, or job 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 job rehabilitation shall be Y-rated upon written agreement and mutual consent between the affected employee and the City. VI. Bilingual Allowance A. Efigibility 1. The department head shall designate certain unit employees 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 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. Z:Fiml Art Two MOU 7 106 to 6 30 09 Oeneml 12 06 ASSOC / CITY 10 • ARTICLE TWO 3. Each department head shall determine the language skills necessary to effectively conduct City business and activities with the citizens of the community, subject to approval of the City Manager. 4. Human Resources Department shall certify, through examination, that the employee has a basic fundamental conversational skill level in the second language. B. Compensation 1. 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 Finance. This extra compensation shall terminate immediately upon the day the assignment is revoked by the Department Head. 3. Each employee who is assigned to Bilingual allowance shall be required to be re -certified once every two (2) years. After two consecutive successful re -certifications no further re -certification shall be required. C. Limitations 1. The City of West Covina shall recognize only the top five (5) languages and dialects determined by the Language Usage Records, maintained by the City's Communications Department. 2. No bilingual allowance can be granted for any other language unless approved by City Manager. 3. Only one (1) allowance will be paid to an employee regardless of the number of certified languages. VIL Acting Pay Assienment 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. Z:Fiml Art Two MOU 7 106 to 6 30 09 Gm ml 12 06 ASSOC CITY�F 11 ARTICLE TWO 2. An acting appointment may be made to a higher class or position occupied by a person on temporary leave, disability, or the position is vacant. Such acting appointment shall not exceed 12 months, unless extension is approved by the City Manager. 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 further approved by the City Manager. Upon the return of the incumbent from leave or disability, the acting appointment shall be 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 1. General Unit Employees General Unit employees assigned and approved by management in an acting status, shall be paid five percent (5%) above their base salary after the completion of the 30th calendar day of such appointment until the completion of the appointment, provided such acting appointments are made in writing by Management with a copy to the Human Resources Department. 2. Attempt to Appoint Different Oualified Employees Whenever practical, based on the experience and expertise required to perform the higher level duties, management will attempt to appoint different qualified employees to acting assignments based on the needs of the organization. 3. 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. VIII. 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 have no due process rights. 0 IX. PERS Employee's Contribution - Paid by City Z:Final Act Two MOU 7 106 to 6 30 09 General 12 06 ASSOC_ CITY 12 J • • ARTICLE TWO A. Added to Base Salary Reported to PERS There shall be added one percent (1%)to the Employee's base compensation paid by the City and payable to each employee an amount, which shall be equal to eight percent (8%) of the salary amount reportable to the Public Employees Retirement System. Such eight percent (8%)shall constitute the entire or partial member's contribution required to be made under the System. B. Constitute Deferred Compensation to PERS The amount of additional compensation payable pursuant to this section X shall constitute deferred compensation and the City shall pay the amount so deferred to the Public Employees Retirement System for the account of the employee entitled thereto as required by Section 20683 of the Government Code. X. 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. One Year Final Compensation Retirement benefits shall be computed using the One -Year Final Compensation Option under PERS Section 20024.2. C. 2.5 % iC 55 Miscellaneous employees 2.5% at age 55 benefit formula. The City shall pay 100% of PERS employer and employee cost (8%) D. 4`h Level Survivor Benefits Fourth Level of 1959 Survivor Benefits PERS Section 21574 for employees covered by this agreement. E. Military Buy Back Military service credit as public service credit under PERS section 21024. Z:Final An Two MOU 7 106 to 6 30 09 General 12 06 ASSOC 1 Cu 13 " ARTICLE THREE WORK PERIODS/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 Period The work hours for unit employees shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods. B. 5/8 and 4/10 Work Schedules 5/8 and 4/10 work schedules shall consist of a seven (7)-day work period of forty (40) hours that begins on Sunday at 12:00 a.m. and ends on Saturday at 11:59 p.m., except as modified by management. C. 4/10 Work Schedules — Unit Employees It is understood that City Hall will remain open Monday through Friday, except for holidays, as set forth in this agreement. 2. The City Manager maintains the final authority to determine work schedules as required. D. 9/80 Work Schedule 9/80 work schedule shall consist of a seven (7)-day work period of forty (40) hours as follows: • 1. Workweek begins on Monday at 12:00 p.m. and ends the following Monday at 11:59 a.m., except as modified by management, and; Z:Final Art Three MOU 7 106 to 6 30 09 Ce ml 12 06 �,,* CITY 14 ARTICLE THREE • 2. Workweek begins on Friday at 12:00 p.m. and ends the following Friday at 11:59 a.m., except as modified by management. E. 7-Day Work Period— Fixed and Regularly Recurring THEREAFTER, the work periods shall be fixed and regularly recurring 7-day work periods as set forth in the aforementioned. F. General Employees — Semi -Annual Work Periods General Employees — are covered by the semi-annual work period of 1040 hours. (7 (b) exception to FLSA.) ITI. TIME WORKED A. Maximum Time Worked — 7-Day Work Period 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. TIME NOT CONSIDERED AS WORK TIME A. Activities Not Work Time The following activities shall not be considered time worked, except as provided for in this agreement. 1. Non -paid meal breaks. Leave of absence taken without pay. Travel time to work and returning home in either personal or City vehicle. 4. Time in off -duty training assignments (homework, study time, meal time, sleep time, etc.) Off -duty travel to training sites and returning home. 6. Off -duty time putting on and taking off uniforms. Off -duty time for personal preparation and clean-up. 8. Off -duty time spent in the maintenance of City vehicles or equipment. • CITY Z:Final Art Three MOU 7 1 06 to 6 30 09 General 12 06 ASSOCV A. _ 15 ✓r V. VI. ►4 141c"D: t" 9. Time worked for which unit employees have already been paid at one and • one half (1 %) time their regular rate of pay within assigned forty (40) hour work period. 10. Off -duty time spent on court Stand-by time. 11. Any time not authorized as work time. 12. Any time spent by employees in accomplishing voluntary Employee Assistance Program (EAP). CHANGE IN WORKING HOURS Any foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be approved by management. BREAKS — REST PERIODS A. M 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 Beeinnin2 and End of Workshift These breaks may not be used at the beginning or the end of work shift unless authorized by management. Benefit — And Not a Right Break -rest periods are a benefit and not a right, and time must be earned as any other benefit. Z:Fiml Art Three MOU 7 106 to 6 30 09 Gmml 12 06 .r ASSOC"-- CITY % L ✓/ vY • ARTICLE THREE C. Rest Period Procedure 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. VII. OVERTIME 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 and 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 leave, holidays, bereavement leave, jury duty and compensatory time off shall be considered hours worked. B. Employees Covered by FLSA 7 (b) Exemption For employees covered by the 7(b) exemption exception to the Fair Labor Standards Act on the 3/12 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 reconciled the hours owed to the City per this Agreement. Once the employee has reconciled the hours owed to the City, the remaining overtime work is paid at time and one-half. C. . Overtime Authorization 1. 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. hi 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. Z:Final Art Three MOU 7 106 to 6 30 09 General 12 06 [Uri CITY /, ARTICLE THREE 3. An emergency shall be construed as an unforeseen combination of • circumstances which calls for immediate action, as determined by management. VIII. ELECT TO USE COMPENSATORY TIME IX. 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 Coma Time is Approved No Request 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. A. Increments — Less Than One Hour All authorized time worked which is beyond the unit employee's 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 / hour 21 — 30 minutes /a hour 31 — 50 minutes '/< hour 51 — 60 minutes 1 hour Z:Final Act Three MOU 7 106 to 6 30 09 Geneml 12 06 IM ASS0CG(�1iJ CITYZ7 is • ARTICLE THREE 2. Incidental Overtime — Not Compensable Incidental overtime is not compensabee, 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. X. OVERTIME "COMPENSATORY TIME" ACCUMULATED AND PAYMENT A. Eligibility Unit employees may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank. B. Accumulation Total Hours Como Time — General Emvlovees a. General Unit employees may accumulate up to a total of eighty (80) compensatory hours, unless otherwise set forth in this agreement. 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 currently hourly rate of pay. 3. Compensatory Time - Change in Classification Any unit employee who changes classification and who has accumulated any hours of compensatory time shall have all their accumulated compensatory hours paid off at their current hourly rate of pay. XI. EMERGENCY OVERTIME REQUIREMENT The City reserves the right to require unit employees to work overtime in an emergency as determined by management. Z:Fiml Art Three MOU 7 106 to 6 30 09 Cenral 12 06 19 Assoc �� CITY XII. ARTICLE THREE 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. Travel time to work and returning home shall not be counted as time worked. 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 immediately as directed by management. 3. Unit employees on stand-by assignment may be required to stay within a designated location or area to respond immediately to work related duties as directed by management. C. On -Call On -Call is an assignment given to unit employees by management requiring them to be accessible via phone; recall (pager) device; or other methods approved by management. 2. Unit employees on -call status may be required to return to work immediately as directed by management. D. Court Stand-by "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. Z:Final Art Three MOU 7 106 to 6 30 09 G==1 12 06 K11 0 ASSOC 710 CITY ✓� • ARTICLE THREE XIII. CALL-BACK COMPENSATION A. General Employees Call -Back Pav If an employee is required to return to work at the request of his/her department head while on regularly scheduled time off, the employee shall receive a minimum of two (2) hours pay at the rate of time -and -one-half. 2. Unit employees shall be compensated at the applicable rate for all time worked in excess of two (2) hours, which includes necessary travel time from the employee's home to the job site and return. 3. The minimum provided for herein shall not be paid more than twice during any one calendar day. XIV. COURT TIME PAY Time spent in court beyond the regularly scheduled shift will be paid at a time and one- half rate with a two (2) hour minimum guarantee. . CIZ:Fiml Art ree ThMOU 7 1 06 to 6 30 09 Gmml 12 06 ASSOC � 21 ARTICLE FOUR ARTICLE FOUR FRINGE BENEFITS I. 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 1. 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. 2. 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. MEDICAL INSURANCE A. City Monthly Medical Insurance Premium Contribution 1. Effective July 1, 2006, the City shall pay up to Kaiser Plan +2 or more rate towards employee cost of health (medical) insurance premiums for eligible employees. B. Medical Insurance Can - $600.00 1. The maximum monthly amount unit employees may choose to use towards the City's payment for medical premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at six hundred dollars ($600) per month. Any cost paid by the City above the Z:Fiml Art Four MOU 7 106 to 6 30 09 Genera] ] 2 06 ASSOC �zt���v CITYG 22 is ARTICLE FOUR . six hundred dollars ($600) cap can only be used for monthly medical premiums. IV. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION A. Citv 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 amounts in the following IV-A-2 should be paid by the City per month per eligible retiree shall be contributed towards the _ .. payment of premiums for retiree health insurance under the Program. Amount Paid Per Month 2. Effective Date Per City Per Elieible Retiree January 1, 2006 $64.60 per month January 1, 2007 $80.80 per month January 1, 2008 $97.00 per month January 1, 2009 To Be Determined by PERS 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. V. DENTAL INSURANCE BENEFIT A. Dental Insurance Monthiv Premium — City Contribution 1. Effective July 1, 2006, the City shall pay up to a maximum of thirty dollars and ninety-four cents ($30.94) per month for the cost of a dental plan for employees and their qualified dependents. 2. -Effective January 1, 2007, the City shall pay up to a maximum of $53.28 per month for the cost of a dental plan for employees and their qualified dependents. VI. VISION PLAN Effective July 1, 2007, the City shall pay for a Vision Plan for employees only. Employees may enroll eligible dependents in the plan, at the employee's cost. • Z:Fiml:Art Four MOU 7 106 to 6 30 09 General 12 06 ASSOC CITY CITY 23 ARTICLE FOUR VII. EMPLOYEE HEALTH BENEFITS COMMITTEE AND STUDY • A. Purpose of Committee and Study The City and Associations agree to participate in Joint Management -Employee Health Benefit Committee which will study the feasibility of withdrawing from the Public Employees' Medical Care Act (PERS Health Care) and participating in other employee health benefit plans which will be studied. B. 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. VIIL RETIREE HEALTH SAVINGS PLAN ** The RHS Plan will be subject to regulatory and provider regulations** EFFECTIVE DATE: JULY 1, 2007 Employee Contribution Employer Contribution $25 per month minimum $75 per month ** 3. Employee may deposit any annual sick leave cash out pursuant to any existing MOU provisions into RHS. ** 4. Employee may deposit up to 100% of vacation payoff at retirement/termination into RHS. ** 5. Employee may deposit any sick leave payoff at retirement/termination into RHS. Any hours not cashed out or deposited into RHS at retirement will continue to be applied as PERS service time credit. 6. Employer Lump Sum RHS Contribution: A. Employee must be full time West Covina City employee as of 7/I/06 to qualify for this benefit. B. Employee must take a service or disability retirement from the City of West Covina to qualify for this benefit. C. Lump sum RHS contribution 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) D. To obtain the lump sum benefit employee must retire from the City of West Covina by 7/1/17 or after the first pay period following the employee's 62"d birthday, whichever comes first. Unit employees who are age 62 within the first six months of the program shall have six months beyond their 62"d birthday to retire before losing any lump sum entitlement. Z:Final:Art Four MOU 7 106 to 6 30 09 General 12 06 24 ,;j• ASSOG ! .CJ CI • • ARTICLE FOUR E. Employees working beyond the sunset provisions under "D" above will have their lump sum amount reduced by $900 each year after the 10 year/age 62 provision until they retire. AMOUNT OF BENEFIT *Employee's Years of Service as of 7/1/07 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) IX. 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. X. STATE DISABILITY INSURANCE The City agrees to make available at the employee's expense, SDI as provided through the State of California. XI. LIFE INSURANCE A. Term Policy - $20,000 The City shall provide all unit employees a term life insurance policy in the amount of $20,000. B. Retired Emplovee Life Insurance - $500 The City shall provide all unit employees who retire from the City a term life insurance in the amount of five hundred dollars ($500). Z:Fiml:Art Four MOU'7 106 to 6 30 09 Genentl 12 06 ASSOC CI 25 XI. A. K4J 1 ARTICLE FOUR LONG TERM DISABILITY INSURANCE 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. 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. UNIFORM ALLOWANCE — In Lieu of Issue A. Fire Protection Specialist 1. Each January, employees in the classification of Fire Protection Specialist shall receive an annual uniform allowance of six hundred dollars ($600) per calendar year. 2. Should the Community Service Officer in the Non -sworn Safety Unit receive an increase to their uniform allowance during the term of this contract, the Fire Protection Specialist will receive the same increase in their uniform allowance. B. Payment Payment will be made in January of each calendar year. If an employee receiving such a payment terminates during the course of that year, the uniform allowance will be adjusted for those months served and the balance will be deducted from the final paycheck for that employee. C. Purpose of Uniform Allowance 1. The purpose of the uniform allowance is for those employees in classification receiving allowance to purchase and maintain their required City uniform in lieu of City issue. Z:Fiml Art Four MOU 7 106 to 6 30 09 Gm=1 12 06 26 • ASSOC 1• CITY �_ • ARTICLE FOUR 2. It is the responsibility of all employees receiving uniform allowance to purchase and maintain uniforms per requirements and conditions set forth by management. D. Uniform Reauirements Unit employees who are required to wear uniforms or who are provided uniform allowance must wear his/her 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. XIII. TUITION REIMBURSEMENT PROGRAM A. Maximum Reimbursement Effective July 1, 2006, General Unit Employees maximum annual tuition reimbursement (including books) shall be increased from six hundred and eighty six dollars ($686.00) per fiscal year to one thousand one hundred thirty dollars ($1,130.00) per fiscal year. B. Administrative Policy The specific details of the Tuition Reimbursement Program is set forth in Administrative Policy approved on August 13, 1992, and amended thereafter. XIV. MILEAGE REIMBURSEMENT — PRIVATE VEHICLE A. Using Private Vehicles for Anaroved City Business The City shall pay mileage reimbursement for City employees using private vehicles for authorized City business approved by management. B. Mileaee Reimbursement Rate The mileage reimbursement rate shall be rates 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. Z:Final:Art Four MOU 7 106 to 6 30 09 General 12 06 ASSO �/r�,���f CITY` 27 ARTICLE FOUR XV. SAFETY BOOT ALLOWANCE Each January of each calendar year, employees required. by management to wear safety shoes/boots shall receive a boot allowance of one hundred fifty dollars ($150) per calendar year. XVI. 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 which they would not othervise be entitled to shall be subject to: 1) denial of requested benefits; and/or 2) disciplinary action up to and including removal. Z:Final:An Four MOU 7 106 to 6 30 09 General 12 06 • 28 ASSO ,�j• CITY v • • ARTICLE FIVE ARTICLE FIVE LEAVE POLICIES I. HOLIDAYS A. Official Fixed Holidays 1. The City shall recognize the following days as official City fixed holidays: New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (unless Christmas falls on a Saturday, Sunday, or Monday) Christmas Day 2. Fixed Holidays — 8 Hours Leave With Pay Each fixed holiday granted to employees shall be eight (8) hours of time off with pay. Any additional time taken off above eight (8) hours per each fixed holiday must be deducted from the employee's other leaves, such as vacation, floating holiday leave, or compensatory time. B. Floating Holiday Leave (Previously Referred to as "Personal Leave") hi addition to the City's fixed holidays, General Unit employees shall be eligible to use up to forty (40) hours of Floating holiday leave per each calendar year as approved by management. 2. 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. Z:Fiml Art Five MOU 7 106 to 6 30 09 Gm ml 12 06 29 ASSO CITY L� ARTICLE FIVE C. Floatin¢ Holiday Leave • 1. 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. D. 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. E. Floating Holiday Leave — Terminatinst Employees 1. Terminating employees who have not used all the floating holiday leave that they are entitled to shall be paid off at the rate of 3.33 hours per month of employment in the current calendar year. If the employee's termination date is after the 18a' of the month, the employee will receive floating holiday leave credit for that month. 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. F. Limitations on Holiday Leave Holiday leave shall not apply to any employee hired on a part -rime, 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. G. Paid Status Eli¢ibility 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, bereavement leave, jury duty and injured on duty. Z:Final Art Five MOU 7 106 to 6 30 09 General 12 06 ASSOCI CI i 30 • • ARTICLE FIVE H. Observation of Saturday and Sunday Holidays For those employees whose normal workweek 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. 2. When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. 3. For all other employees, when a holiday falls on a regularly scheduled day off, the employee shall be entitled to eight (8) hours straight compensatory time for the holiday. This compensation can be taken as either compensatory time or pay, at the discretion of the employee. I. Holiday Schedulin¢ The City reserves the right to require employees to work on fixed holidays. II. VACATION A. B. 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. 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 — 60* 3.08 6.67 240 61 —108 4.62 10.00 280 109 —120 4.92 10.67 288 121 —132 5.23 11.33 296 133 —144 5.54 1 12.00 1 304 145 — 156 5.85 12.67 312 157 + 6.15 13.33 320 * At completion of 60 months add 40 hours Z:Final Art Five MOU 7 106 to 6 30 09 General 12 06 31 ASSOC CITY C. D. E. F. G. ARTICLE FIVE Limitation — Vacation Leave Accrual Employees shall not be allowed to accrue vacation leave beyond the stated maximums. 2. 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, the Human Resources Director will approve a waiver of the maximum allowed unused balance for a period not to exceed six (6) months per fiscal year. Vacation Leave Accrual for Holidays If a fixed holiday falls within a scheduled vacation period, eight (8) additional hours of vacation leave shall be granted. Payment for Unused Vacation Leave Time at Termination 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 leave time on the effective date of termination. Payment for Unused Vacation Leave Time 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. Advance Payment for Vacation Any employee who is authorized to take forty (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. Z:Fina1 Art Five MOU 7 1 06 to 6 30 09 General 12 06 32 • ASSOC ,� CIT �� • • ARTICLE FIVE 2. 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. 3. 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 and Finance Director. H. 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. I. Vacation Leave — New Emplovees 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. III. SICK LEAVE A. Sick Leave Benefit 1. Sick leave is a benefit and not a right and 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. 2. The sick leave benefit should be thought of as an insurance policy; it insures and protects employees from a loss in wages when they are unable to work because of an illness or injury. . B. Sick Leave Earned 1. Employees shall accrue ninety-six (96) hours of sick leave per calendar year. 2. Following completion of thirty (30) calendar days of continuous full-time service, each City employee shall receive 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 days of such month, he/she shall continue to accrue 3.69 hours of credit for sick leave with pay. Z:Fiml An Five MOU 7 106 to 6 30 09 General 12 06 9M Assoc CIT ` J ARTICLE FIVE 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 1. 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. 2. 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 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: 1. By November of each calendar year, the City will determine the amount of unused sick leave for each regular employee. 2. The maximum amount of sick leave hours cashed each calendar year at the employee's hourly rate is forty (40) hours. 3. Each employee must carry over to a sick leave "bank" a minimum of fifty- six (56) current year unused hours in December, and may request cash payment for any hours above fifty-six (56) current year unused hours or may add it to the sick leave bank. 4. Sick leave used by an employee during each calendar year will be charged against the employee's current year earnings. 5. If fifty-six (56) 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. Z:Final Art Five MOU 7 1 06 to 6 30 09 Geneml 12 06 ASSDC? CI"I')�, 34 • —0 ARTICLE FIVE 6. To qualify for this program, employees shall not be allowed to change sick leave to other forms of paid leave. E. Sick Leave Payoff Upon Termination . Unit employees, upon termination of continuous full-time salaried City service, other than by discharge, shall be paid at the employee's hourly rate of pay for fifty (50) percent of the difference between 320 hours and the amount of sick leave accrued. The maximum accrual for determining sick leave payoff upon termination is 800 hours. The maximum payout can be illustrated as follows: Maximum accrual 800 Minimum number of accrued hours - 320 Difference 480 50% of 480, or not to exceed 240 hours, can be cashed out. F. Use of Sick Leave 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. Appointments for medical, dental, ear, or vision care shall be made on the employee's day off when practicable. Sick leave shall only be authorized for such purposes when: 1) An employee is unable to take care of such appointments on his/her day off; and 2) an employee provided reasonable advance notice and received prior approval from the supervisor. Employees are to provide as much notice as practical for pre -scheduled appointments. 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. Z:Final Act Five MOU 7 106 to 6 30 09 General 12 06 35 ASSOC'� CTI'I'lLG�7G� G. H. I. ARTICLE FIVE 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. Use of Sick Leave — Care of Immediate Family 1. 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. 2. The phrase "immediate family", for the use of sick leave, is defined under Bereavement Leave, in this Article Five, as grandparent, parent, spouse, in-laws, child, stepchild, grandchild, brother, or sister. Temporary Disability A City employee who is entitled to temporary disability indemnity under Div. 4, Div. 4.5 of the State 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. 2. When his/her accumulated sick leave, or vacation, or both are exhausted, he/she is still entitled to receive disability indemnity. Sick Leave Limitations No employee shall be entitled to sick leave with pay while absent from duty on account of the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by any of his/her own willful misconduct. 2. Sickness or disability sustained while on Ieave of absence, other than regular vacation leave or sick leave. 3. Disability or illness arising from compensated employment other than with the City of West Covina. Z:Fiml Act Five MOU 7 106 to 6 30 09 Genre! 12 06 36 ASSOC CITY- . . • • ARTICLE FIVE J. Sick Leave During Vacation Sick leave shall not be used in lieu of or in addition to 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 after the City's physician has determined that the employee can no longer perform the duties of his/her or an alternate position. IV. WORK RELATED DISABILITY LEAVE A. Iniury/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 1. 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 to be permanent and stationary and unable to return to their usual and customary duties. 2. 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 Worker's Compensation Law of the State of Z:Final Art Five MOU 7 106 to 6 30 09 General 12 06 ASSOC. CITY CITY 37 ARTICLE FIVE California based upon such injury or illness. When and while applicable, • this section shall supercede the provisions of the Grievance Procedure. C. Salary Step Increases DurinE 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. V. 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, 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 or proof may be requested. VI. MILITARY LEAVE A. State Military and Veteran's Code Military leave with pay shall be granted in accordance with Section 395 of the State Military and Veteran's Code. Z:Fiml Art Five MOU 7 1 06 to 6 30 09 General 12 06 ASSOC CITY�38 �J ARTICLE FIVE B. Inactive Military Service 1. Any unit employee who is on inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken 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. 2. Pay for such purposes shall not exceed thirty (30) days in any one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency 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 1. 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. 2. 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 Medical and Dental Insurance benefit 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. • Z:Fiml Art Five MOU 7 106 to 6 30 09 Geneml 12 06 de ASSOC ITY C - CITY i 39 ARTICLE FIVE VII. JURY DUTY A. Jury Duty Policv 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, one (1) time for a maximum of 160 hours, paid leave for such purposes during any three (3) consecutive years of employment. All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City. City Administrative procedures will govern further details of this program. VIII. 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 twelve (12) weeks in a twelve (12)-month period. 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. Only those employees with at least one (1) year of continuous City employment shall be eligible. B. Family Illness Leaves due to serious health condition of a child, spouse or parent 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 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. Califomia law shall prevail unless preempted by federal law. ZFiaal Art Five MOU 7 106 to 6 30 09 General 12 06 ASSOC CITY 40 L Y a$". 1� u • 4": Ito]NasWLVA�I C. Use of Paid Leave 1. 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 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. 2. More specific details on the Family Care Leave policy is set forth in City's Administrative Policy. IX. 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 months and subject to such conditions as the City Council may deem advisable. 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. The aggregate of all such leave shall not be more than one year. X. 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 circumstance. B. Unauthorized Absence — Other Disciplinary Action Any unauthorized absence may be cause for disciplinary action. C. Authorized Absence 1. 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 year of continuous service. Z:Finnl Art Five MOU 7 106 to 6 30 09 General 12 06 ASSOC CITY 41 D. E. F ARTICLE FIVE 2. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason. Leave of Absence Without Pay - Duration 1. 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. 2. 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. Leave of Absence — Employee Iniured 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. 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 salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken. Z:Fiml Art Five MOU 7 106 to 6 30 09 General 12 06 42 ASSOC CITY / , • I:"140[44*J"V FAILURE TO RETURN FROM LEAVE 1. 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, unless such leave is extended as approved by management for mitigating circumstances. 2. The City reserves the right to revoke or cancel any authorized leave for reasons, which the City finds to be sufficient. Z:Final Act Five MOU 7 106 to 6 30 09 General 12 06 S] ASSOC CI L� I. II. ARTICLE SIX 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 agree 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. 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 Associations 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. 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. Z:Art Six MOO 7 106 to 6 30 09 Gmml 12 06 M • ASSOC CITY / • ARTICLE SIX 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 asserted hereunder or otherwise. This memorandum of Understanding is not intended to cover any matters preempted by Federal or State law. B. Personnel and Departmental Rules . 1. 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 If the Association desire 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, 2009 the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 2009. Said request shall contain all of the proposed changes in wages, hours, and conditions of employment proposed by the Associations to take effect on or after July 1, 2009. Z: Final Art Six MOU 7 106 to 6 30 09 General 12 06 45 ASSOC ✓� C ARTICLE SIX VII. RATIFICATION AND IMPLEMENTATION A. ACKNOWLEDGEMENT 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 the 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 this 141h Day of December 2006. D. Term or Memorandum of Understandine The term of this Memorandum of Understanding shall be for a period of three (3) years, commencing on July 1, 2006 and terminating after June 30, 2009. Z: Final Art Six MOU 7 1 06 to 6 30 09 Gm=1 12 06 ER ASSOC /�' ✓�� CITY`/G • General Association PARTIES TO THE AGREEMENT Represented by the San Bernardino -- Public Employees' Association (SBPEA) City of West Covina Malcolm Simmons, SBPEA a A. Fiel -eAs ant ity Manager Representative -Chief Negotiator and Interim Human Reso ces Director- / Chief Negotiator Teresa Gresham, a resentative Thomas Bachman, Finance erector General Employees Association Co -Chief Negotiator Monika Wilson, Representative Traci Bailey-Ifudson General Employees Association Management Analyst II IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed this 15th Day of December 2006. San Bernardino Public Employees Association For the General Employees Association Employees Association 1k. c. �;,.�, ,o By: Malcolm Simmons, S)3PEA Representative ����•,�;� �- • it Z:Art Six MOU 7 106 to 6 30 09 General 12 06 • 47 City of West Covina Andrew G. Pasmant, City Manager CITY ' '' APPENDIX APPENDIX "A" CITY OF WEST COVINA GENERAL EMPLOYEE UNIT The following are those classifications which have been recognized by the City to be assigned to the General Employee Unit: JOB TITLES/CLASSIFICATIONS Account Clerk Administrative Technician Building Inspector Building Engineering Permit Technician Business License Inspector Civil Engineering Assistant Office Assistant I (Formerly Clerk) Office Assistant II (Formerly Clerk Typist) Communications Technician Community Enhancement Officer Community Planner Community Services Coordinator Community TV Production Assistant Computer Systems Technician Construction Coordinator Contract Coordinator Z: General MOU Appendix Al 12 06 Cook Court Liaison Officer Economic Development Specialist Engineering Technician Fire Protection Specialist Housing Program Coordinator (CDBG) Operations Technician Parking Enforcement Officer Photo Technician Planning Assistant Planning Associate Planning Permit Technician (Planning Aide, effective 4/23/05) Police Officer Recruit Redevelopment Project Coordinator Reprographics Technician Administrative Assistant I (Formerly Secretary I) Senior Account Clerk Senior Citizens Program Coordinator Senior Communications Technician Storekeeper Street Section Coordinator (effective 1111105) Victims Advocate (effective 7/l/06) 13 ASSOC` /J/ I "s CITY v • APPENDIX "B" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION REGARDING AGENCY SHOP FOR GENERAL UNIT EMPLOYEES I. PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of West Covina _ (hereinafter "City") and the San Bernardino Public Employees' Association (hereinafter "Association") as a mutual agreement regarding the procedures for the administration of any agency shop arrangement entered into by the parties as authorized by Government Code Section 3502.5 (Meyers-Milias-Brown Act). II. PURPOSE The City and the Association mutually understand and agree that all affected employees in the General Unit have the right to join or not join the Association. It is the purpose of this MOU to establish fair and equitable procedures for the determination of any agency shop arrangements that may be properly approved by the City employees in eligible job classifications in the unit represented by the Association and the City. III. ASSOCIATION MEMBERS Current employees in the General Unit who are now Association members shall remain Association members for the period of this Agreement. Employees who are hired after this Agreement is approved by the City Council and who are in a job classification within the representation unit of the Association covered by this Agreement, shall within the first pay period from the date of commencement of duties as an employee, become a member of the Association or pay to the Association a service fee; provided, however that the unit member may authorize payroll deduction for such fee. Excepted from the above are General, temporary, seasonal or hourly employees. IV. DUES DEDUCTION Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a payroll deduction card is submitted to the Finance Director in sufficient time to permit normal processing of the change or deduction. Z: Final App B MOU Agrn y Shop Agreement Maint rev 12 15-06 BI ASSOC CITc�J Y V U VI. APPENDIX `B' 0 The City shall not deduct monies specifically earmarked for any political action committee or any other political activities. 4. The Association shall be fully responsible for expending funds received under this Agreement consistent with all legal requirements for expenditures of employee dues, which are applicable to public sector labor organizations. CONDITION OF CONTINUED EMPLOYMENT The parties agree that the obligations herein are a condition of continued employment for Unit members. The parties further agree that the failure of any Unit member covered by this Agreement to remain a member in good standing of the Association or to pay a service fee during the term of this Agreement shall constitute, generally, cause for termination. 2. Whenever a Unit member shall be delinquent in the payment of dues or fees, the Association shall give the Unit member written notice thereof and fifteen (15) calendar days to cure the delinquency; a copy of said notice shall be forwarded to the City's Human Resources Director and Finance Director. In the event the Unit member fails to cure said delinquency, the Association shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable laws and City's Personnel Rules. CONSCIENTIOUS OBJECTION No Unit member shall be required to join the Association or to make a service fee payment if the Unit member is an actual, verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such Unit member has verified the specific circumstances. Such employee must, instead arrange with the Association to satisfy his/her obligation by donating the equivalent amount to a non -labor, non -religion charitable fund, tax-exempt under Section 501(c)(3) of the Internal Revenue Code (IRC), chosen by the employee, from the following (1) United Way, (2) Salvation Army, or (3) Red Cross. B2 � Z: Final App B MOU Agency Shop Agreement Gen rev 12-15-06 ASSOC �-r'-!.� ` ` IV6 CITY. - I • • APPENDIX `B' VII. ASSOCIATION RESPONSIBILITY — "HUDSON NOTICE" The Association agrees to provide notice and maintain constitutionally acceptable procedures to enable non-member service fee payers to meaningfully challenge the propriety of the use of service fees as provided for in Chicago Teachers Union, Local No. 1, AFT, 311TM AFL-CIO et al. v. Hudson, 106 S.Ct. 1066 (1986). Such notice and procedures shall be provided to non-member service fee payers for each year that the agency shop agreement is in effect. VIII. FINANCIAL REPORTING REQUIREMENTS OF THE ASSOCIATION The Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request to the employees who are members of the Association within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor -Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. C►4010-1ki1ID1010101c"4 0130 The Association agrees to defend, indemnify and hold harmless the City of West Covina and its officers and employees from any claim, loss, liability, suits or cause of action of any nature whatsoever arising out of the operation of this Article. The Associations indemnity and liability obligation is more fully set forth as follows: 1. The Association shall defend, indemnify and hold harmless the City of West Covina and its officers, managers, and employees from any claim, loss, liability, suits, cause of action of any nature or administrative proceeding arising out of the operation of this Agreement. Upon commencement of such legal action, administrative proceeding, or claim, the Association shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its officers and employees because of any application of this Agreement shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the Association shall not diminish the Associations defense and indemnification obligations under the Agreement. 2. The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform the Association of such action, provide the Association with all information, documents, and assistance necessary for Association defense or settlement of such action and fully cooperate with the Association in providing all necessary employee witnesses and assistance necessary for said defense. The cost to any such assistance shall be paid by the Association. Z: Final App B MOU Agency Shop Agreement Gen rev 12-15-06 RE ASSOC 6-4ez! J� APPENDIX `B' The Association upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. The Association upon final order and judgment of a Court of competent jurisdiction awarding damage or costs to any employee, shall pay all sums owing under such order and judgment. X. AGREEMENT RESCINDED BY VOTE OF EMPLOYEE This Agency Shop Agreement shall be null and void if rescinded by a vote of employees in the Unit pursuant to Government Code Section 3502.5(b). XI. EFFECT OF LEGISLATIVE OR JUDICIAL REVISION, REVERSAL OR INTERPRETATION In the event that the agency fee provision reinterpreted, revised or reversed by action determinations pursuant to legal challenges, accordingly in whole or in part. Z: Final App B MOU Agency Shop Agreement Gen rev 12-15-06 s contained in Govt.. Code Sec. 3502.5 are of the California Legislature or by Judicial this Agreement shall be revised or nullified ASSOC CITY • i A Acting Pay Assignment INDEX Eligibility........................................................................................................................ 11 Compensation GeneralUnit Employees............................................................................................... 12 Attempt to Appoint Different Qualified Employees.............................................................. 12 Limitations Appointments to Higher Level Positions............................................................ 12 AgencyShop...................................................................................................................... 2 Agency Shop Language Preamble....................................................................................................................... B1 Purpose........................................................................................................................ B1 Association Members....................................................................................................... B1 DuesDeduction.............................................................................................................. B1 — B2 Condition of Continued Employment................................................................................... B2 Conscientious Objection................................................................................................... B2 Association Responsibility —"Hudson Notice.. ........................................................................ B3 Financial Reporting Requirements of the Association.............................................................. B3 Indemnification................................................................................................................ B3 — B4 Agreement Rescinded by Vote of Employee.......................................................................... . B4 Effect of Legislative or Judicial Revision, Reversal or Interpretation ............................................ B4 Amendments to Memorandum of Understanding........................................................................ 45 Article One: Rights and Responsibilities................................................................................... 1 - 8 Article Two: Salaries and Compensation.................................................................................. 9 - 13 Article Three: Work Periods/Schedules/Overtime/Compensatory Time ........................................... 14 - 21 Article Four: Fringe Benefits.................................................................................................. 22 - 28 Article Five: Leave Policies................................................................................................... 29 - 43 Article Six: General Provisions.......................................................... .............. :...................... 44 - 46 Associations and Employee Rights and Responsibilities Association and Employee Rights....................................................................................... 2 PayrollDeduction............................................................................................................ 2 Indemnification...........................................................................:................................... 3 Association Benefit Plans — Dues....................................................................................... 3 Association Representation Responsibilities.......................................................................... 3 Association Release Time — Time Off for Meeting and Conferring .............................................. 3 Release Time — Grievances............................................................................................... 4 BulletinBoards................................................................................................................ 4 Bereavement Leave............................................................................................................ 38 Bilingual Allowance Eligibility........................................................................................................................ 10 Compensation................................................................................................................ 11 Limitations..................................................................................................................... 11 Breaks — Rest Periods Two 15 — Minute Breaks — Rest Periods............................................................................... 16 Numberof Breaks........................................................................................................ 16 Non-accumulative........................................................................................................ 16 Not Used at Beginning and End of Workshift..................................................................... 16 Benefitand Not a Right.................................................................................................... 16 RestPeriod Procedure..................................................................................................... 17 Scheduled Not to Impair Service.................................................................................... 17 Lengthof Rest Period.................................................................................................. 17 7..-Finv1 (:PnPro1 mni innP, i7 m C Call -Back, Definition of......................................................................................................... 20 Call -Back Compensation General Employees Call -Back Pay..................................................................................... 21 Changein Working Hours...................................................................................................... 16 Classifications, General Employee Unit.................................................................................. A Compensatory Time Approval.....................................................................:.................................................. 18 Once Comp Time is Approved No Request for Cash Payment ................................................... 18 Use of Compensatory Time............................................................................................... 18 See Also, Overtime "Compensatory Time" Accumulated and Payment Court Stand -By, Definition of.................................................................................................. 20 CourtTime Pay................................................................................................................... 21 D Definitions — Call-back, Stand -By, On -Call, and Court Stand -By "On -Call" Call-back....................................................................................................................... 20 Stand-by........................................................................................................................ 20 On -Call .......................................................................................................................... 20 CourtStand-by "On-Call".................................................................................................. 20 Dental Insurance Benefit . Dental Insurance Monthly Premium — City Contribution........................................................... 23 Disability Leave, Work Related............................................................................................... 37 - 38 E Emergency Overtime Requirement.......................................................................................... 19 Emergency Waiver Provisions................................................................................................ 44 Employee Health Benefits Committee and Study Purpose of Committee and Study........................................................................................ 24 New Health Benefit Plan — Meet and Confer.......................................................................... 24 F Failure to Return from Leave.................................................................................................. 43 Family Care Leave Birthor Adoption............................................................................................................. 40 FamilyIllness................................................................................................................. 40 Useof Paid Leave........................................................................................................... 41 Floating Holiday— See Holidays FringeBenefits.................................................................................................................... 22 - 28 Fringe Benefits Administration Provision Administration................................................................................................................. 22 Selectionand Funding...................................................................................................... 22 Changes........................................................................................................................ 22 G Gender.............................................................................................................................. 1 General Employee Unit Classifications..................................................................................... A GeneralProvisions.............................................................................................................. 44 - 46 �c�"ai r.P�P.�i nn�i i �nAPv i � nF Health Benefits — See Medical Insurance, Dental Insurance, Vision Plan, and Retiree Health Benefit Health Benefits Committee and Study..................................................................................... 24 Holidays Official Fixed Holidays...................................................................................................... 29 Fixed Holidays — 8 Hours Leave With Pay......................................................................... 29 Floating Holiday Leave (Previously Referred to as "Personal Leave") ......................................... 29 FloatingHoliday Leave..................................................................................................... 30 Floating Holiday Leave — Reinstated Employees................................................................... 30 Floating Holiday Leave — Terminating Employees.................................................................. 30 Limitations on Holiday Leave............................................................................................. 30 Paid Status Eligibility....................................................................................................... 30 Observation of Saturday and Sunday Holidays...................................................................... 31 HolidayScheduling......................................................................................................... 31 _. Hoursof Work Policy............................................................................................................ 14 Insurance — See Life Insurance, Long Term Disability, Medical Insurance, Dental Insurance, Vision Plan, PERS, Retirement Benefits, State Disability Insurance Jury Duty JuryDuty Policy............................................................................................................... 40 Jury Fees Returned to the City........................................................................................... 40 Leave of Absence with Pay (Special)...................................................................................... Leaves of Absence Without Pay Unauthorized Absence — Automatic Termination.................................................................... Unauthorized Absence — Other Disciplinary Action................................................................. AuthorizedAbsence........................................................................................................ Leave of Absence Without Pay — Duration........................................................................... Leave of Absence — Employee Injured on Job...................................................................... Accrualof Benefits.......................................................................................................... Leave, Failure to Return from................................................................................................. LeavePolicies................................................................................................................... Leaves — See also Article Five, Bereavement, Compensatory Time, Holidays, Floating Holiday, Jury Duty, Military Leave, Sick Leave, and Vacation Life Insurance TermPolicy - $20,000...................................................................................................... Retired Employee Life Insurance - $500............................................................................... Limitation on Assignments.................................................................................................... Long Term Disability Insurance Benefit........................................................................................................................... More Specific Information.................................................................................................. M 41 41 41 41 42 42 42 43 29 - 43 25 25 12 I Management Rights and Responsibilities ManagementRights......................................................................................................... 4-6 0 Authority of Third Party Neutral........................................................................................... 6 Impactof Management Rights............................................................................................ 7 7 Pm ] f:rnoal MOT I Index 19 06 Medical Insurance • City Monthly Medical Insurance Premium Contribution............................................................ 22 MedicalInsurance Cap..................................................................................................... 22 Meet and Confer, Notice of Future........................................................................................... 45 Mileage Reimbursement — Private Vehicle Using Private Vehicles for Approved City Business................................................................. 27 Mileage Reimbursement Rate............................................................................................ 27 AdministrativePolicy........................................................................................................ 27 Military Leave State Military and Veteran's Code....................................................................................... 38 Inactive Military Service.................................................................................................... 39 ActiveMilitary Service...................................................................................................... 39 Misuseof Benefits............................................................................................................... 28 N No Strike/Job Action Provision ProhibitedConduct.......................................................................................................... 7 EmployeeTermination...................................................................................................... 7 Association Responsibilities............................................................................................... 7-8 Notice of Future Meet and Confer............................................................................................ 45 n On -Call, Definition of............................................................................................................ 20 Overtime OvertimePolicy............................................................................................................... 17 Employees Covered by FLSA 7 (b) Exemption...................................................................... 17 OvertimeAuthorization..................................................................................................... 17 Overtime "Compensatory Time" Accumulated and Payment Eligibility........................................................................................................................ 19 Accumulation.................................................................................................................. 19 TotalHours Comp Time................................................................................................ 19 Compensatory Time at Termination................................................................................. 19 Compensatory Time Change in Classification.....................:.............................................. 19 Overtime, Emergency Requirement......................................................................................... 19 P Parties to Memorandum of Understanding San Bernardino Public Employee Association.................................................................... 1 Parties To The Agreement (Signature Page).............................................................................. 47 PERS Employee's Contribution — Paid by City Added to Base Salary Reported to PERS.............................................................................. 13 Constitute Deferred Compensation to PERS......................................................................... 13 PERS Retirement Benefits UnusedSick Leave.......................................................................................................... 13 One Year Final Compensation............................................................................................ 13 2.5% @ 55..................................................................................................................... 13 4"' Level Survivor Benefits................................................................................................. 13 MilitaryBuy Back............................................................................................................. 13 Provisions of Memorandum Sole and Entire Memorandum of Understanding..................................................................... 45 Personnel and Departmental Rules..................................................................................... 45 • 7 Final ('.Pnanl MOT I TndPx 17 06 Ratifi Ac M Ra Te Reco SB Ex Cl Retire Ci If Retire Right As Pa In As As As Re Bu S cation and Implementation knowledgement...............................................:............................................................ 46 utualRecommendation................................................................................................... 46 tification..................................................................................................................... 46 rm of Memorandum of Understanding.............................................................................. 46 gnition PEA Recognized Employee Organization — General Unit Employees .............. 1 clusions..................................................................................................................... 1 assifications Recognized................................................................................................ 2 e Health Benefit — City's Monthly Contribution tyContribution Amount................................................................................................... 23 City No Longer in PIERS Health Plan................................................................................. 23 e Health Savings Plan................................................................................................... 24 - 25 s and Responsibilities sociationand Employee Rights....................................................................................... 2 yrollDeduction............................................................................................................ 2 emnification............................................................................................................... 3 sociation Benefit Plans — Dues....................................................................................... 3 sociation Representation Responsibilities.......................................................................... 3 sociation Release Time — Time Off for Meeting and Conferring .............................................. 3 lease Time — Grievances............................................................................................... 4 IletinBoards................................................................................................................ 4 SafetyBoot Allowance........................................................................................................... 28 Salaries and Compensation.................................................................................................... 9 - 13 Salary Schedule SalarySchedule — July 1, 2006........................................................................................... 9 Salary Schedule — June 30, 2007......................................................................................... 9 Salary Schedule — June 28,.2008......................................................................................... 9 SalariesRounded Off....................................................................................................... 9 Salary Administration Specific Information in Personnel Rules........................................................................... 9 Effective Date of Step Increases and Extra Compensation ................. :................................. 9 Right to Raise Salaries, Other Compensation and Benefits ................................................... 9 BaseSalary ................................................................................................................ 10 ExtraPay/Compensation.............................................................................................. 10 Y-Rating.................................................................................................................... 10 Section125 Plan.................................................................................................................. 25 Severability Provision MOU Remains in Full Force and Effect................................................................................. 44 SuccessorProvision .............................. ............. .........:.................................................... 44 Sick Leave SickLeave Benefit........................................................................................................... 33 SickLeave Earned.......................................................................................................... 33 Reinstatement of Sick Leave............................................................................................. 34 Sick Leave Annual Payoff Program..................................................................................... 34 - 35 Sick Leave Payoff Upon Termination................................................................................... 35 Useof Sick Leave............................................................................................................ 35 Approval.................................................................................................................... 35 Physician's Certificate on Use of Sick Leave..................................................................... 35 Physical Examination May be Required........................................................................... 36 of Sick Leave — Care of Immediate Family...................................................................... 36 .Use TemporaryDisability..................:.............................................................:....................... 36 SickLeave Limitations..................................................................................................... 36 SickLeave During Vacation.............................................................................................. 37 7 Final (:rnanl M()I1 ln{P 17 06 HolidayDuring Sick Leave ...................................... ........................................................... 37 Use of Sick Leave to Offset Disability Retirement.................................................................. 37 Special Leave of Absence with Pay......................................................................................... 41 Stand -By, Definition of......................................................................................................... 20 State Disability Insurance...................................................................................................... 25 T Time not Considered as Work Time Activities not Work Time.................................................................................................... 15 - 16 Time Work Increments Increments — Less Than One Hour...................................................................................... 18 Incidental Overtime — Not Compensable........................... :................................................... 19 Increments Over One Hour................................................................................................ 19 Time Worked Maximum Time Worked — 7-Day Work Period........................................................................ 15 Tuition Reimbursement Program Maximum Reimbursement................................................................................................ 27 AdministrativePolicy....................................................................................................... 27 U Uniform Allowance — In -Lieu of Issue Fire Protection Specialist................................................................................................... 26 Payment........................................................................................................................ 26 Purpose of Uniform Allowance........................................................................................... 26 Uniform Requirements..................................................................................................... 27 W Vacation VacationPolicy............................................................................................................... 31 Vacation Leave Earned and Accumulated............................................................................ 31 Limitation — Vacation Leave Accrual.................................................................................... 32 Vacation Leave Accrual for Holidays.................................................................................... 32 Payment for Unused Vacation Leave Time at Termination....................................................... 32 Payment for Unused Vacation Leave Time........................................................................... 32 Advance Payment for Vacation.......................................................................................... 32 Vacation Leave — Reinstated/Reemployed Employees............................................................ 33 Vacation Leave — New Employees...................................................................................... 33 VisionPlan......................................................................................................................... 23 W Waiver Provision on Bargaining During Term Agreement............................................................. 44 Work Periods/Schedules/Overtime/Compensatory Time.............................................................. 14 - 21 Work Periods 7-Day Work Period........................................................................................................... 14 5/8 and 4/10 Work Schedules............................................................................................. 14 4/10 Work Schedules — Unit Employees............................................................................... 14 9/80 Work Schedule......................................................................................................... 14 7-Day Work Period — Fixed and Regularly Recurring............................................................... 15 General Employees — Semi -Annual Work Periods.................................................................. 15 Work Related Disability Leave Injury/Illness Arising Out Of and In the Course of Job Duties ..................................................... 37 Temporary Disability Compensation.................................................................................... 37 Salary Step Increases During Leave................................................................................... 38 Review of Safety Committee............................................................................................. 38 WorkingHours, Change In.................................................................................................... 16 7-Fin.] (:mPral MOT I NdAP 17 06 i CITY OF WEST COVINA _ EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION Job Title Pay Range I As of 6/30/06 Step Effective 7/1/2006 1 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) Account Clerk GN060 $2,545 1 $2,634 $2,739 $2,849 $2,673 2 $2,767 $2,878 $2,993 $2,806 3 $2,904 $3,020 $3,141 $2,946 4 $3,049 $3,171 $3,298 $3,093 5 $3,201 $3,329 $3,462 Administrative Assistant I GN090 $2,712 1 $2,807 $2,919 $3,036 Eff.1111105 (formerly Secretary 1) $2,847 2 $2,947 $3,065 $3,188 $2,990 3 $3,095 $3,219 $3,348 $3,139 4 $3,249 $3,379 $3,514 $3,296 5 $3,411 S3,547 $3,689 Administrative Technician GN045 $2,545 1 $2,634 $2,739 $2,849 $2,673 2 $2,767 $2,878 $2,993 $2,806 3 $2,904 $3,020 $3,141 $2,946 4 $3,049 $3,171 $3,298 $3,093 5 $3,201 $3,329 $3,462 BuildingIns ector GN250 $3,748 1 $3,879 $4,034 $4,195 $3,936 2 $4,074 $4,237 $4,407 $4,132 3 $4,277 $4,448 $4,626 $4,339 4 $4,491 $4,671 $4,858 $4,556 5 $4,716 $4,905 $5,101 Bldg./Eng. Permit Technician GN165 $2,976 1 $3,080 $3,203 $3,331 $3,125 2 $3,234 $3,363 $3,498 $3,281 3 $3,396 $3,532 $3,673 $3,445 4 $3,566 $3,709 $3,857 $3,617 5 $3,744 $3,894 $4750 Business License hispector GN170 $2,961 1 $3,065 $3,188 $3,316 $3,109 2 $3,218 $3,347 $3,481 $3,264 3 $3,378 $3,513 $3,654 $3,428 4 $3,548 $3,690 $3,838 $3,599 5 $3.725 $3.874 $4.029 0 z:SalaryRanges Geneml 2008 m 2009 Page 1 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION • Job Title Pay Range I As of 6130106 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) Civil Engineecring Assistant GN290 $4,131 1 $4,276 $4,447 $4,625 $4,337 2 $4,489 $4,669 $4,856 $4,555 3 $4,714 $4,903 $5,099 $4,782 4 $4,949 $5,147 $5,353 $5,021 5 $5,197 $5,405 $5,621 Communications Technician GN335 $3,194 1 $3,306 $3,438 $3,576 $3,354 2 $3,471 $3,610 $3,754 $3,522 3 $3,645 $3,791 $3,943 $3,698 4 $3,827 $3,980 1 139 $3,883 5 $4,019 $4,180 $4,347 Communi Enhancement Officer GN210 $3,398 1 $3,517 $3,658 $3,804 $3,568 2 $3,693 $3,841 $3,995 $3,746 3 $3,877 $4,032 $4,193 $3,934 4 $4,072 $4,235 $4,404 $4,130 5 $4,275 $4,446 $4,624 Community Planner GN325 $4,375 1 $4,528 $4,709 $4,897 $4,594 2 $4,755 $4,945 $5,143 $4,824 3 $4,993 $5,193 $5,401 $5,065 4 $5,242 $5,452 $5,670 $5,318 5 $5,504 $5,724 $5,953 Conurtunity Services Coordinator I GN315 $3,534 1 $3,658 $3,804 $3,956 $3,710 2 $3,840 $3,994 $4,154 $3,897 3 $4,033 $4,194 $4,362 $4,091 4 $4,234 $4,403 $4,579 $4,295 5 $4,445 $4,623 $4,808 Community TV ductionAssistazi4 GN185 $2,758 1 $2,855 $2,969 $3,088 (effective 11101105) $2,896 2 $2,997 $3,117 $3,242 $3,041 3 $3,147 $3,273 $3,404 $3,193 4 $3,305 $3,437 $3,575 $3,352 5 $3,469 $3,608 $3,752 i z:SaLaryRwgw General2006 to 2009 Page 2 CITY OF WEST COVINA _ EMPLOYEE CLASSIFICATIONS AND SALARY RANGES • SPBEA GENERAL EMPLOYEES ASSOCIATION Effective Effective[Effec ePay 7/1/2006 6/30/20076/28/2008 Job Title Range As of 6/30/06 Step (3.5%) (4%) (4%) Computer Services Technician GN200 $3,439 1 $3,559 $3,701 $3,849 $3,611 2 $3,737 $3,887 $4,043 $3,793 3 $3,926 $4,083 $4,246 $3,982 4 $4,121 $4,286 $4,457 $4,181 5 $4,327 $4,500 $4,680 Construction Coordinator GN310 $4,482 1 $4,639 $4,825 $5,018 $4,706 2 $4,871 $5,066 $5,269 $4,941 3 $5,114 $5,319 $5,532 $5,188 4 $5,370 $5,585 $5,808 $5,447 5 $5,638 $5,864 $6,099 Contract Coordinator GN320 $3,602 1 $3,728 $3,877 $4,032 $3,782 2 $3,914 $4,071 $4,234 $3,971 3 $4,110 $4,274 $4,445 $4,169 4 $4,315 $4,488 $4,668 $4,378 5 $4,531 $4,712 $4,901 Cook GN350 $2,407 1 $2,491A$3625,807 387 $2,528 2 $2,617558 $2,654 3 $2,747736 $2,786 4 $2,884,921 $2,926 5 $3,028,117 Eff. 11/7/06 SteEs 1- 5 $3,132 $3,289 $3,454807 Economic Development Specialist I GN035 $3,453 1 $3,574 $3,717 $3,866 $3,625 2 $3,752 $3,902 $4,058 $3,806 3 $3,939 54,097 $4,261 $3,996 4 $4,136 $4,301 $4,473 $4,196 5 $4,343 $4,517 $4,698 Engineering Technician GN260 $3,678 1 $3,807 $3,959 $4,117 $3,863 2 $3,998 $4,158 $4,324 $4,055 3 $4,197 $4,365 $4,540 $4,258 4 $4,407 $4,583 $4,766 $4,471 5 $4,628 $4,813 $5,006 zSa ryRangesGener 2"M20 Page v15 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES _ SPBEA GENERAL E1%11PLOYEES ASSOCIATION . Effective Effective Effective Pay I 7/1/2006 6/30/2007 I 6/28/2008 Job Title Range As of 6/30/06 Step (3.5%) (4%) (4%) Fire Protection Specialist GN365 $3,748 1 $3,879 $4,034 $4,195 $3,936 2 $4,074 $4,237 $4,407 $4,132 3 $4,277 $4,448 $4,626 $4,339 4 $4,491 $4,671 $4,858 $4,556 5 $4,716 $4,905 $5,101 Housing Program Coordinator GN245 $4,290 1 $4,440 $4,618 $4,803 $4,505 2 $4,663 $4,850 $5,044 $4,730 3 $4,896 $5,092 $5,296 $4,967 4 $5,141 $5,347 $5,561 $5,215 5 $5,398 $5,614 $5,839 Office Assistant I GNO10 $1,985 1 $2,055 $2,137 $2,223 Eff. ll/l/05 (formerly Clerk) $2,084 2 $2,157 $2,243 $2,333 $2,189 3 $2,266 $2,357 $2,451 $2,298 4 $2,378 $2,473 $2,572 $2,412 5 $2,496 $2,596 $2,700 Office Assistant II GN030 $2,276 1 $2,356 $2,450 $2,548 Eff. 1111105 (formerly Clerk Typist) $2,391 2 $2,475 $2,574 $2,677 $2,510 3 $2,598 $2,702 $2,810 $2,636 4 $2,728 $2,837 $2,951 $2,768 5 $2,865 $2,980 $3,099 Operations Technician GN190 $3,145 1 $3,255 $3,385 $3,520 $3,302 2 $3,418 $3,555 $3,697 $3,467 3 $3,588 $3,732 $3,881 $3,640 4 $3,767 $3,918 $4,075 $3,822 5 $3,956 $4,114 $4,279 Parking Enforcement Officer GN080 $2,537 1 $2,626 $2,731 $2,840 $2,664 2 $2,757 $2,867 $2,982 $3,131 $3,289 $3,452 $2,797 3 $2,895 $3,011 $2.937 4 $3,040 $3,162 $3,083 5 $3,191 $3,3I9 Ll z$alaryRa ges Geneml 2006 to 2009 Page 4 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) Photo Technician GN180 $3,042 1 $3,149 $3,275 $3,406 $3,194 2 $3,306 $3,438 $3,576 $3,354 3 13,471 13,610 13,754 $3,521 4 1 $3,6441 $3,790 $3,942 $3,697 5 1 $3,826 1 $3,979 $4,138 Planning Aide GN175 $2,805 1 $2,903 $3,019 $3,140 Reso 2005-14 Effective 4/23/05 $2,945 2 $3,048 $3,170 $3,297 $3,092 3 $3,200 $3,328 $3,461 $3,247 4 $3,361 $3,495 $3,635 $3,409 5 $3,528 $3,669 $3,816 Plp*g Assistant GN270 $3,775 1 $3,907 $4,063 $4,226 $3,963 2 $4,102 $4,266 $4,437 $4,161 3 $4,307 $4,479 $4,658 $4,369 4 $4,522 $4,703 $4,891 $4,589 5 $4,750 $4,940 $5,138 Planning Associate GN280 $4,045 1 $4,187 $4,355 $4,529 $4,248 2 $4,397 $4,573 $4,756 $4,460 3 $4,616 $4,801 $4,993 $4,682 4 $4,846 $5,040 $5,242 $4,917 5 $5,089 $5,293 $5,505 Planning Permit Technician GN175 n/a 1 * See Planning Aide n/a 2 n/a 3 n/a 4 n/a 5 Police Officer Recruit GN230 $3,422 1 $3,542 $3,684 $3,831 $3,593 2 $3,719 $3,868 $4,023 $3,772 3 $3,904 $4,060 $4,222 $3,960 4 $4,099 $4,263 $4,434 $4,159 5 $4,305 $4,477 $4,656 • z:$aWyRwcjes Ca ml zoos,o Zoos Pages St� CITY OF WEST COYINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES SPBEA GENERAL EMPLOYEES ASSOCIATION • Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) Redevelopment Project Coordinator GN305 $4,903 1 $5,075 $5,278 $5,489 $5,148 2 $5,328 $5,541 $5,763 $5,404 3 1 $5,593 1 $5,817 1 $6,050 $5,675 4 $5,874 $6,109 $6,353 $5,959 5 $6,168 $6,415 1 $6.i72 Reprographics Technician GN100 $2,577 1 $2,667 $2,774 $2,885 $2,706 2 $2,801 $2,913 $3,030 $2,841 3 $2,940 $3,058 053,180 $2,983 4 $3,087 $3,211 $3,339 $3,132 5 $3,242 $3,372 $3,507 Senior Account Clerk GN120 $2,753 1 $2,849 $2,963 $3,082 $2,890 2 $2,991 $3,111 $3,235 $3,035 3 $3,141 $3,267 $3,398 $3,187 4 $3,299 $3,431 $3,568 $3,347 5 $3,464 $3,603 $3,747 Senior Citizens Program Coordinato4 GN360 $3,439 1 $3,559 $3,701 $3,849 $3,611 2 $3,737 $3,887 $4,043 $3,793 3 $3,926 $4,083 $4,246 $3,982 4 $4,121 $4,286 %4,457 $4,181 5 $4,327 $4,500 $4,680 Senior Communications Technician I GN240 $3,523 1 3,792 $3,944 $3,699 2 3,982 $4,141 $3,883 3 2$14,019$4,180 $4,347 $4,078 4 4,390 $4,566 $4,282 5 4,609 $4,793 Storekeeper GN150 $2,837 1 $2,936 $3,053 $3,175 $2,979 2 $3,083 $3,206 $3,334 $3,128 3 $3,238 $3,368 $3,503 $3,284 4 $3,399 $3,535 $3,676 $3,448 5 $3,569 $3,712 $3,861 z:Sal Ranges GemW 2006 m 2009 Page 6 CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES . SPBEA GENERAL EMPLOYEES ASSOCIATION Job Title Pay Range As of 6/30/06 Step Effective 7/1/2006 (3.5%) Effective 6/30/2007 (4%) Effective 6/28/2008 (4%) Street Section Coordinator GN312 $3,936 1 $4,074 $4,237 $4,407 Eff.1111105 $4,133 2 $4,278 $4,449 $4,627 $4,339 1 3 $4,491 $4,671 $4,858 $4,556 4 $4,716 $4,905 $5,101 $4,784 5 $4,951 $5,149 $5,355 Victims Advocate GN140 1 $2,959 $3,077 $3,200 Eff.7/1/06 2 $3,107 $3,231 $3,360 3 $3,262 $3,393 $3,529 4 $3,425 $3,562 $3,705 5 $3,597 $3,741 $3,891 0 r.SalaryRangea Geneml2006 b 2009 Page 7