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Resolution - 2007-58RESOLUTION NO. 2007-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA NON -SWORN SAFETY SUPPORT EMPLOYEES • (REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION (SBPEA); AND FIXING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE ASSOCIATION WHEREAS, the City of West Covina has met and conferred with the Non -Sworn Safety Support Employees' Association, represented by the San Bernardino Public Employees' Association (SBPEA). WHEREAS, the City and the Non -Sworn Safety Support employees have agreed upon certain changes to salary, benefits, and terms and conditions of employment in an agreed upon Memorandum of Understanding (MOU), attached as Exhibit A; and WHEREAS, the MOU has 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. Salary: Effective the first day of the pay period beginning on or after July 1, 2006, employees in the unit shall receive a three and one-half percent salary adjustment (3.5%) above their currently assigned salary ranges; effective June 30, 2007, all employees in the unit shall receive a three and one-half percent (3.5%) salary adjustment; and effective June 28, 2008, all employees in the unit shall receive a four percent (4%) salary adjustment. 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 July 1, 2007, the City shall increase the dental contribution from $31.00 per month up to a maximum of $53.28 per month for the cost of dental plan insurance 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 Association agrees 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 Exhibit A). SECTION 7. PERS Employee's Contribution Paid by the City: Employees currently pay 1 % of the 8% employee contribution for the PERS 2.5% at 55 Retirement Plan. Retroactive . to July 1, 2006, the City will pay the entire 8% employee contribution. I SECTION 8. Tuition Reimbursement: Effective, July 1, 2007, unit employees shall receive an increase from $686 to $1,130 per fiscal year for annual tuition reimbursement (including books). SECTION 9. Uniforms: Effective July 1, 2007, the annual uniform allowance shall increase by $50. Effective July 1, 2008, the annual uniform allowance shall increase by $50. Resolution No. 2007-58 Page 2 • 0 SECTION 10. Court Stand-by Pay: Effective July 1, 2007, the court on -call shall increase to $50. SECTION 11. Call -Back Pay: Effective July 1, 2007, the call-back pay will increase from a minimum of two hours to a minimum of three hours. SECTION 12. Holiday Pay — Public Safety Dispatchers (PSD) and Senior Communication Operators (SCO) only: PSD's and SCO's who work 12 hour shifts on a holiday will receive holiday pay based on actual hours worked. PSD/SCO must work a minimum of eight (8) hours on the holiday to receive the holiday pay. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. APPROVED and ADOPTED this 5ch day of July, 2007. =10 City C1erk,467rie 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 an adjourned regular meeting thereof held on the 5th day of July, 2007. AYES: Hernandez, Lane, Touhey NOES: None ABSENT: Herfert, Sanderson ABSTAIN: None APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman Clerk Vurie Carrico EXHIBIT A MEMORANDUM OF 0 UNDERSTANDING City of West Covina And Non -Sworn Safety Support Employees Represented by the San Bernardino Public Employees Association Three Year Agreement JULY 11 2006 - JUNE 30, 2009 Z:Semi Final Cover MOU Non -Sworn Safety 7 1 06 to 6 30 09 (0 • TABLE DF CONTENTS ARTICLE SUBJECT PAGES ARTICLE ONE RIGHTQ AND RESPONSIBILITIES............ 1 to 8 ARTICLE TWO SALARIES AND COMPENSATION............ 9 to 14. ARTICLE THREE WORK 'ERIODS, SCHEDULES, OVERTIME, AND COMPENSATORY TIME .................. 15 to 24 ARTICLE FOUR FRINGE BENEFITS ................................. 25 to 32 ARTICLE FIVE LEAVE POLICIES ................................... 33 to 47 ARTICLE SIX GENERAL PROVISIONS .......................... 48 to 50 SIGNATUREPAGES............................................................ 51 APPENDIX A NON-SIVORN SAFETY SUPPORT EMPLOYEE UNIT CLASSIFICATIONS ........................ APPENDIX B MEMORANDUM OF UNDERSTANDING... BETWEEN THE CITY OF WEST COVINA AND THE SAN BERNARDINO PUBLIC EMPLOYEE ASSOCIATION REGARDING AGENCY SHOP INDEX.............................................................. SALARY SCHEDULE ATTACHED • Z:Semi Final Cover MOU Non -Sworn Safety 7 1 06 to 6 30 09 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 Non -Sworn Safety Support Unit Employees. 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. SBPEA Recognized Employee Organization —Non-Sworn Safety Support 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 Non -Sworn Safety Support 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. Z: Semi -Final An One MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 11 ASSOC CITY ARTICLE ONE C. Classifications Recognizes Specific classifications recognized by the City of West Covina being represented by the SBPEA are listed in Appendix "A- I" and "A-2" of this agreement. IV. AGENCY SHOP The City and the SBPEA have a mutual agreement regarding the implementation and administration of Agency Shop for all Non -Sworn Safety Support Unit Employees. The details of this agreement are scat forth in Appendix `B" of this Memorandum of Understanding. V. ASSOCIATIONS AND EMPLOYEE RIGHTS AND RESPONSIBILITIES A. Association and Employe� Rights The City and the Associa.ion 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 r-quest. 3. The City shall rem t to the recognized employee organization the monies from authorized deluctions 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 montl t, 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 3e 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 e mployee for said month. Z: Semi -Final Art One MOU 7 1 06 to 6 30 09 Non -Sworn Salty 6.11.07 AS CIT CITY Q 2 C� C-I 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 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. 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. Z: Semi -Final Art One MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 AS CITY 3 V 0 ARTICLE ONE 5. Full pay, as stated, sl.all mean the employee's current base salary, fringe benefits, and any assigrment 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 natters. H. Bulletin Boards 1. The City may permit the Associations to use certain designated bulletin boards approved by mr nagement located at City facilities to post Association related information. 2. The Associations agret: to continually self -monitor all information posted on bulletin boards to ensure they are maintained in an orderly manner. All materials posted shoulc be dated and contained in an orderly manner. 3. No item(s) that can easonably 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, i egardless 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, 2.rt. 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 affair s of the City. 2. To take into consideration the existence or non-existence of facts which are the basis of the nanagement decision. Z: Semi -Final Art One MOU 7 106 to 6 30 09 Non -Sworn Salty 6.11.07 ASSOC� S CITY 4 • • ARTICLE ONE • 0 3. To determine the necessity, organization, and implementation and tennination 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: Semi -Final Art One MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 6 ASSOC_3 CITY !/ 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 imra- or inter -division, promote, reduce in rank, demote, reallocate, and ten tinate employees and take other personnel action for non -disciplinary rei sons 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, ind to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18. To establish, imple.nent, and/or modify rules and regulations, policies and procedures related to productivity, performance, efficiency, standards of ethics, conduct, st.fety, 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 a:l necessary steps and action to carry out the service requirements and to determine the issues of public policy and the overall mission of the Cit) and the mission of the Agency in emergencies or any other time deemed necessary by the City not specified above. B. Authority of Third Part-*, Neutral All management rights, powers, authority, and functions, whether heretofore or hereinafter exercised, shalt 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: Semi -Final An One MOU 7 106 to 6 30 09 Non -Sworn Sai.ty 6.11.07 ASSOC \fjSs CITY 6 • • 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: Semi -Final Art One MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 ASSOC�P c fiY 7 0 • ARTICLE ONE 2. If the Association I-erforms 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 Ag1 eement in violation of A, Prohibited Conduct, above. • Z: Semi -Final An One MOU 7 106 to 6 30 09 Non -Sworn Sa ety 6.11.07 ASSOC C CIT R ARTICLE TWO • 0 SALARIES AND COMPENSATION A. 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 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 thee and one-half percent (3.5%) 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. A. SALARIES ROUNDED OFF All salaries shall be rounded to the nearest whole dollar. B. 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: Semi -Final Art Two MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 E ASSOC�ii1, CITY, ARTICLE TWO 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 reguhr pay period, except as otherwise approved by management. 3. Right to Raise Salar ies, 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 d(.fined as compensation above the unit employee's base salary for special assignments, differentials, and bonuses. 6. Y-Rating a. When a person nel action, such as a demotion due to layoff, reclassification, )r 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 nean 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 he new classification equals or exceeds the Y-rated salary. d. Those unit employees on a job rehabilitation shall be Y-rated upon written agreemei t and mutual consent between the affected employee and the City. Z: Semi -Final Ail Two MOU 7 1 06 to 6 30 09 Non -Swam S; fety 6.11.07 A CIT CITY 10 • I ARTICLE TWO 11I. Bilingual Allowance A. Elivibility 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 1 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 Eligible employees assigned to Bilingual Allowance receive extra compensation of one -hundred dollars ($100) 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. 2. 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: Semi -Final Art Two MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 ASSOC\?�: CITY 11 0 • 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. III. Acting Pay Assignment A. Eli ibili 1. Acting pay is intended to compensate those employees assigned to perform a significi nt 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 ten porary leave, disability, or the position is vacant. Such acting appointment shall not exceed 12 months, unless extension is approved by the C.ty 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 accordan ;e with the provisional appointments section of the Personnel Rules, except as further approved by the City Manager. Upon the return of thy: incumbent from leave or disability, the acting appointment shall be immediately terminated, and the appointee shall resume regular ditties, compensation and privileges as if he/she had continued his/her d aties in his/her regular classification. B. Compensation l . Non -Sworn Safety S 3pport 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, Lased on the experience and expertise required to perform the higher lev-1 duties, management will attempt to appoint different Z: Semi -Final Art Two MOU 7 106 to 6 30 09 Non-Swom S. ifety 6.11.07 ASSOC}K-�' CIT 12 ARTICLE TWO 0 0 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. 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 Employee'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. Z: Semi -Final An Two MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 AS Y CITITY 13 • ARTICLE TWO B. One Year Final Compensation Retirement benefits shall )e computed using the One -Year Final Compensation Option under PERS Sectio 3 20024.2. C. 2.5% (-6 55 Miscellaneous employees 2.5% at age 55 benefit formula. The City shall pay 100% of PERS employer and employee cost (8%). D. 4t" Level Survivor Benefits Fourth Level of 1959 Sr rvivor Benefits PERS Section 21574 for employees covered by this agreement. E. Military Buy Back Military service credit as p iblic service credit under PERS section 21024. • Z: Semi -Final Art Two MOU 7 106 to 6 30 09 Non -Sworn S: Fety6.11.07 ASSOC CIT 14 E 0 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 Emplovees 1. On or after January 1, 2004, the City may implement a 4/1 0-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: Semi -Final An "rhnee MOU 7 106 to 6 30 09 Non-Swom Safety 6.11.07 15 ASSOC CITY _V 0 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: Work week begins on. vlonday at 12:00 p.m. and ends the following Monday at 11:59 a.m., except as modified by management, and; 2. Workweek begins on Friday at 12:00 p.m. and ends the following Friday at 11:59 a.m., except as modified b.v management. E. 7-Day Work Period — Fixed and Regularly Recurring THEREAFTER, the work poriods shall be fixed and regularly recurring 7-day work periods as set forth in the aforementioned. F. 28-Day Work Period — Fia:ed 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. Non -Sworn Safety Support Employees — Semi -Annual Work Periods Non -Sworn Safety Support mployees — are covered by the semi-annual work period of 1040 hours. (7 (b) exception to FLSA.) III. TIME WORKED A. Maximum Time Worked --7-Day Work Period The maximum time worked 3er each 7 day work period which is paid at the straight time rate of pay shal be forty (40) hours inclusive of breaks and exclusive of time not considered work time. B. 36 HOUR WORK PLAN Monthly salary rates for eml loyees 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 (1 O hours of work time to be reconciled in the following manner and order: Z: Semi -Final Art Three MOU 7 106 to 6 30 09 Non -Sworn t.afety 6.11.07 ASSOC eS CIT T ARTICLE THREE For Community Service Officers assigned to the Police Patrol Division and Jailers: 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. For Public Safety Dispatchers: Scheduled pay back work day(s). 2. Overtime hours. 3. If the employee is unable to reconcile the sixteen (16) hours as stated above, any remaining hours owed will be deducted from employee's accrued vacation, holiday, or compensatory time leave. 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. Non -paid meal breaks. 2. 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.) 5. Off -duty travel to training sites and returning home. 6. Off -duty time putting on and taking off uniforms. Z: Semi -Final An Three MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.11.07 17 0 ASSOCM, C CITY ARTICLE THREE Off -duty time for p ;rsonal 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 autho dzed as work time. 12. Any time spent by omployees in accomplishing voluntary or mandatory Employee Assistan ;e Rehabilitation Program (EAP). V. CHANGE IN WORKING HOU RS Any foreseeable absence or deviat on from regular working hours desired by an employee shall, in advance, be approved by management. VI. HOLD -OVER —COMMUNICATIONS EMPLOYEES When conditions necessitate, emp. oyees in the Communications Department shall be required on a mandatory basis to hold over past the end of their normal shifts (not to exceed fourteen (14) consecutive fours) and/or to be called back to work during their off - duty time. Such action shall be taken during emergency situations as determined by management, including when staff ing drops below department set minimum levels. VII. BREAKS — REST PERIODS A. Two 15-Minute Breaks —I lest Periods Number of Break! Unit employees may receive two break -rest periods for each scheduled workday actually w orked, and a break -rest period of 15 minutes for each four consecutive he urs of overtime worked as approved by management. 2. Non -accumulative Rest periods are no: accumulative and shall not be added to any meal times, vacation, or my form of authorized absence from work unless authorized by manz gement. Z: Semi -Final Art Three MOU 7 1 06 to 6 30 09 Non -Sworn' afety 6.11.07 ASSOC CIT 18 • • ARTICLE THREE • 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 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. VIII. 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. Z: Semi -Final An Three MOU 7 1 06 to 6 30 09 Non -Sworn Safety 6.1 1.07 19 ASSO CITCllC Y ARTICLE THREE C. Overtime Authorization If in the judgment of management, work beyond the established work week is requi -ed by his/her employees, such work, except in the case of immediate emergency, shall be performed only with the prior authorization of mt nagement. 2. In emergencies, where prior authorization cannot be issued, management shall obtain approval for the overtime worked at the earliest opportunity thereafter, in no cage to exceed five (5) calendar days after the day in which the overtime was worked. 3. An emergency shal I be construed as an unforeseen combination of circumstances which calls for immediate action, as determined by management. IX. ELECT TO USE COMPENSATORY TIME A. Approval Upon the approval of his/her supervisor, an employee, may elect to receive compensatory time off in l .eu of pay for overtime hours worked. Such compensatory time off sha'.1 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 compensator y time may be utilized as paid leave on a straight time hour for hour basis at the r tutual convenience of management and employees without such options beint; tied to sick leave usage. All compensatory time utilized as paid leave by at employee shall be debited from their accrued compensatory time bank. Z: Semi -Final Art Three MOU 7 106 to 6 30 09 Non -Sworn >afety 6.11.07 20 ASSOC CITY CITY. I/ Y • • ARTICLE THREE X. TIME WORK INCREMENTS 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 0 — 10 minutes 11 — 20 minutes 21 — 30 minutes 31 — 50 minutes 51 — 60 minutes Time Worked -0- / hour V2 hour 3/ 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. XI. 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 Comp Time —Community Services Officers, Police Records Clerks I & II, Jailers Community Services Officers, Police Records Clerks I & II, and Jailers may accumulate up to a total of eighty (80) compensatory hours, unless otherwise set forth in this agreement. 2: Semi -Final Art Three MOU 7 106 to 6 30 09 Non -Sworn Safety 6,1 1.07 21 0 ASSOC CITY V r� u ARTICLE THREE 2. Total Hours Comp Time — Public Safety Dispatchers and Senior Communications Operators Public Safety Dispatchers and Senior Communication Operators may accumulate up to a maximum of one hundred and forty-four (144) hours of comp time and holiday comp time. Holiday CompensationTime— Public Safety Dispatchers and Senior Communications tOperators Public Safety Dispatchers and Senior Communications Operators who work on a fixed ho .iday as set forth in Article Five shall accrue holiday compensatory time based upon the following hours worked: a. Minimum f )or (4) hours to 7.99 hours to accrue four (4) hours of compensate ry time. b. Over eight r 8) hours to accrue eight (8) hours compensatory time. Such time shall be accounted for separately from overtime compensate ry time but shall be included in the maximum of 144 hours allowed for all compensatory time. 4. 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 I asis at the employee's currently hourly rate of pay. 5. 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 hour s paid off at their current hourly rate of pay. XIL EMERGENCY OVERTIME R1, OUIREMENT The City reserves the right to require unit employees to work overtime in an emergency • as determined by management. Z: Semi -Final Art Three MOU 7 106 to 6 30 09 Non -Sworn iafety 6.11.07 ASSOC CITY CITY 22 ARTICLE THREE XIII. DEFINITIONS — Call-back Stand -By, On -Call and Court Stand -By "On -Call' A. Call-back 1. 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: Semi -Final An Three MOU 7 1 06 to 6 30 09 Non-Swom Safety 6.11.07 23 • ASSOC C CIT ARTICLE THREE XIV. CALL-BACK COMPENSATION Non -Sworn Safety Support Employees Call -Back Pay If an employee is rcquired to return to work at the request of his/her department head w lile on regularly scheduled time off, the employee shall receive a minimum of two (2) hours pay at the rate of time -and -one-half. Effective July 1, 2(07, the employee shall receive a minimum of three (3) hours pay at the rat: of time and one-half. 2. Unit employees sh,:ll be compensated at the applicable rate for all time worked in excess of two (2) hours; (three (3) hours effective July 1, 2007), which includes necessary travel time from the employee's home to the job site and return. The minimum proN ided for herein shall not be paid more than twice during any one calf ndar day. XV. 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. XVI. COURT STAND-BY "ON -CALL" Community Service Officers, Jailers, and Police Records Clerks, Public Safety Dispatchers, and Senior Commu iications Operator on court stand-by "on -call" during off -duty hours for court stand-by, shall be compensated at a rate of forty dollars ($40) per day. Effective July 1, 2007, u fit employees shall be compensated at a rate of fifty dollars ($50) per day. Z: Semi -Final Art Three MOU 7 106 to 6 30 09 Non-Swom safety 6.11.07 24 ASSOC-L CITY • ARTICLE FOUR 0 0 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 up to Kaiser Plan + 2 or more rate per month towards employee cost of health (medical) insurance premiums for eligible employees. Z: Semi -Final Art Four MOU 7 1 06 to 6 30 09 6.11.07 25 ASSOC ; ,CS CITY'`, IV. • ARTICLE FOUR B. Medical Insurance Cap 1. The maximum month'.y 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. Aily cost paid by the City above the six hundred dollars ($600) cap can only be used for monthly medical premiums. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION A. Citv Contribution Amou_,it 1. Provided that employees represented by the Associations have participated in the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the Cite, the amounts in the following IV-A-2 should be paid by the City per month per eligibleretiree shall be contributed towards the payment of premiu ns 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 City No Longer in PEES Health Plan Should the City withdraw from the PERS Health Plan during the term of this agreement, the City and Essociations shall meet to determine what the monthly contributions toward the n.-w medical health plan would be and when it would be effective. DENTAL INSURANCE BENEI'IT A. Dental Insurance Monthly Premium — City Contribution • Effective July 1, 2006 the City shall pay up to a maximum of thirty dollars ($30.00) per month for the cost of a dental plan for employees and their qualified dependents. Z: Semi -Final Art Four MOU 7 106 to 6 30 09 6.11.07 26 ARTICLE FOUR 2. Effective July 1, 2007, the City shall pay up to a maximum of $53.28 per month for the cost of 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. VI. 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 (PEAS 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. VII. 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 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 first pay period following the employee's 62"d Z: Semi -Final An Four MOU 7 106 to 6 30 09 6.11.07 0 ASSOC ,mil CITY 27 ARTICLE FOUR birthday, whichever tomes first. Unit employees who are age 62 within the first six months of the prc ,gram shall have six months beyond their 62nd birthday to retire before losing any lump sum entitlement. E. Employees working 7eyond 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. AMC UNT 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) 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, and dependent care expenses. B. It is understood by the parties that participation in the plan is voluntary for employees and the City A ill not be obligated to contribute to pay any employee costs who participate in th,: plan. Z: Semi -Final Art Four MOU 7 1 06 to 6 30 09 6.11.07 ASSOC CIT • • m ARTICLE FOUR IX. STATE DISABILITY INSURANCE The City agrees to make available at the employee's expense, SDI as provided through the State of California. X. LIFE INSURANCE A. Term Policy - $20 000 — Community Services Officers Jailers, Police Records Clerks The City shall provide these unit employees a term life insurance policy in the amount of $20,000. B. Term Policy — 1/2 Annual Salary to a maximum of $50,000 — Public Safety Dispatchers Senior Communications Operators The City shall provide these unit employees a term life insurance policy in the amount of/z of annual salary to a maximum of $50,000. C. 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). 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. Z: Semi -Final An Four MOU 7 1 06 to 6 30 09 6.11.07 0 29 ASSOC M11 CITY/i • ARTICLE FOUR XII UNIFORM ALLOWANCE — In -Lieu of Issue A. Eligible Classifications The City shall provide an annual Uniform Allowance in -lieu of issue to the following classifications: Community Service Officer Each January, employees in the classification of Community Service Officer shall receive an annual uniform allowance of six hundred dollars ($600) per calendar year. Effective January 1, 2008, the annual uniform allowance shall increase to six hundred fifty dollars ($650) per calendar year. Effective J 3nuary 1, 2009, the annual uniform allowance shall increase to seven hundred dollars ($700) per calendar year 2. Jailers Each January, employees in the classification of Jailers shall receive an annual uniform allowance of five hundred dollars ($500) per calendar year. Effective J umary 1, 2008, the annual uniform allowance shall increase to five hundred fifty dollars ($550) per calendar year. Effective January 1, 2009, the annual uniform allowance shall increase to six hundred dollars (V100) per calendar year 3. Police Records Clark Each January, em 3loyees in the classification of Police Records Clerk shall receive an annual uniform allowance of five hundred dollars ($500) per calendar yeai. Effective January 1, 2008, the annual uniform allowance shall increase to five hundred fifty dollars ($550) per calendar year. Effective Jinuary 1, 2009, the annual uniform allowance shall increase to six hundred dollars ($600) per calendar year 4. Public Safety Dispatcher and Senior Communications Operator The City shall provide an annual Uniform Allowance in -lieu of issue to • the Public Safet) Dispatcher and Senior Communications Operator employees. Each January, employees in the classification of Public Safety Dispatcher and Se:iior Communications Operator shall receive an annual uniform allowancc; of five hundred dollars ($500) per calendar year. Effective January : , 2008, the annual uniform allowance shall increase to five hundred fifty collars ($550) per calendar year. Effective January 1, Z: Semi -Final An Four MOU 7 1 06 to 6 30 09 6.1 L07 ASOCY 30 C2 IT ARTICLE FOUR 2009, the annual uniform allowance shall increase to six hundred dollars ($600) per calendar year 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 The purpose of uniform allowance is for those employees in classifications receiving allowance to purchase and maintain their required City uniform in -lieu of City issue. 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 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. NIII. TUITION REIMBURSEMENT PROGRAM A. Maximum Reimbursement Unit Employees' maximum annual tuition reimbursement (including books) shall be $686 per fiscal year. Effective July 1, 2007, the maximum annual tuition reimbursement (including books) shall be $1,130 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: Semi -Final Ail Fow MOU 71 0610 6 3009 6.11M ASSOC 7 C I T/Y' 31 • ARTICLE FOUR 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 rates set forth by the IRS. C. Administrative Policy The specific details of the mileage reimbursement policy is set forth in Administrative Policy app. oved 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: 1) denial of requested benefits; and/or b) disciplinary action up to and including removal. • Z: Semi -Final Art Four MOU 7 106 to 6 30 09 6.11.07 ASSOC)L�S CITiI� 32 `�� — ARTICLE FIVE • 0 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 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. 3. Fixed Holidays — Leave With Pay — Public Safety Dispatchers (PSD)and Senior Communications Operators (SCO) PSD's and SCO's who work the 3/12 shift will receive holiday pay based on actual hours worked. Dispatchers and Senior Communication Operators must work a minimum of eight (8) hours on the holiday to receive the holiday pay. Any PSD/SCO assigned to the 4/10 schedule and works a 12 hour shift on a holiday will receive the holiday pay. PSD/SCO must work a minimum of 8 hours on the holiday to receive the holiday pay. For example: for Public Safety Dispatchers or Senior Communications Operators who work the 3/12 work week, when a holiday falls on a regularly scheduled work day, and the employee works his/her full 12- hour shift, the employee shall be paid for their regular shift of 12 hours at straight time pay, plus 12 hours of holiday time at straight time pay. Z: Semi -Final An Five MOU 7 106 to 6 30 09 Non Safety Support 6.11.07 33 ASSOC t�iA- S CITY ARTICLE FIVE B. Floating Holiday Leave ( Previously Referred to as "Personal Leave") 1. In addition to the City's fixed holidays, Non -Sworn Safety Support 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 ]gave 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 have may not be accumulated and carried over into the next calendar year Any unused floating holiday leave time remaining at the end of each ;alendar year, if any, shall be null and void unless approved by City D lanager. C. Floating Holiday Leave New employees are not eligible to receive and use floating holiday leave until they have be(;n continuously employed with the City for a period of one (1) month. 2. New employees a )pointed 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 employm mt. D. Floating Holiday Leave - Reinstated Employees Reinstated employees shall receive floating holiday leave credit for all prior service in the current yeah 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 18'h of the month, the employee will receive floating holiday lei ve credit for that month. 2. If the terminating ,.mployees 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 comput,A Z: Semi -Final Ail Five MOU 7 1 06 to 6 30 09 Non Safety Si ppoil 6.11.07 ASSOC�� CIT � • CJ 34 ARTICLE FIVE 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. 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 Scheduling The City reserves the right to require employees to work on fixed holidays. Il. 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. Z: Semi -Final Ail Five MOU 7 1 06 to 6 30 09 Non Safety Support 6.11.07 35 :7 AS CIT � • ARTICLE FIVE B. Vacation Leave Earned :and Accumulated Eligible employees shall -am 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 C. Limitation — Vacation Lt:ave Accrual 1. 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 ha:; reached the maximum allowed unused vacation leave balance, and is unable to take vacation leave due to work urgency, industrial injury, e:,tended 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. Z: Semi -Final Art Five MOU 7 1 06 to 6 30 09 Non Safety Si ppoa 6.11.07 ASSOC CIT 36 ARTICLE FIVE • 0 E. Pavment 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. 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. Z: Semi -Final Ail Five MOU 7 1 06 to 6 30 09 Non Safety Support 6.1 1.07 37 ASS CITY/ 1 ARTICLE FIVE III. 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 the r 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 omployee shall receive 3.69 hours per pay period of sick leave pay. Theroafter, for each pay period of service in which the employee has wor<ed 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 employmel it. 4. Unused sick leave may be accumulated without limit. C. Reinstatement of Sick Leave 1. Any employee wY o is reinstated to full-time City employment shall be given full credit fir 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 reemployme it, 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 su _h amount(s) exceed that provided by the policy. Z: Semi -Final Art Five MOU 7 106 to 6 30 09 Non Safety Si pport 6.11.07 M • 0M WIFE, • ARTICLE FIVE • 0 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. 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. Z: Semi -Finial Art Five MOU 7 1 06 to 6 30 09 Non Safety Support 6.1 1.07 39 ASSOCV"'_A._3/ CITY/ r • ARTICLE FIVE F. Use of Sick Leave 1. Approval Sick leave can only b: granted upon the approval of management or his/her designee in the case c f 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 provid: 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 3perations, i.e., at the beginning or end of the shift. 2. Phvsician's Certificate on Use of Sick Leave Management may require evidence in the form of a physician's certificate, or written statement, for my 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 Examinatiou Maybe 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 ret aming to active duty. The physical examination will be conducted by a physic an of the City's choice, with all costs to be paid by the City. G. Use of Sick Leave — Care of Immediate Family 7. No more than forte 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 immedia _e family. 8. The phrase "imme, liate family", for the use of sick leave, is defined under Bereavement Leave, in this Article Five, as grandparent, parent, spouse, in-laws, child, step;hild, grandchild, brother, or sister. Z: Semi -Final Art Five MOU 7 106 to 6 3009 Non Safety Sc ppoit 6.11.07 CIT 40 ARTICLE FIVE s is H. Temporary Disability 9. 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. 10. 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: 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 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 for the period of illness. Management has discretion in approving or disapproving such request. K. Holiday DurinE 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. Z: Semi -Final An Five MOU 7 1 06 to 6 30 09 Non Safety Support 6.11.07 ASSOCY CITY( 41 ARTICLE FIVE IV. WORK RELATED DISABILITY LEAVE A. Injury/Illness ArisinE 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 disabi ity compensation, if any, being, considered as and credited to salary for this purpose — for the period of such disability, but not exceeding ore (1) year, or until such earlier date as they are determined to be )ermanent and stationary and unable to return to their usual and customa_y duties. 2. The leave of absence hereby granted shall be in addition to, and shall not be charged to o1 deducted from, accumulated sick leave except as provided here. 3. Such leave, howe\ er, 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 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 iii accordance with existing rules; (2) holidays occurring during disability shall not be counted as disability leave days, but shall be considered as holidays fol 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 df ys of absence of unit employees due to a disability shall be charged to the employce'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 Z: Semi -Final An Five MOU 7 106 to 6 30 09 Non Safety St ppon 6.11.07 ASSOC -- CIT E • 42 ARTICLE FIVE • 0 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. 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 Z: Semi -Final All Five MOU 7 1 06 to 6 30 09 Non Safety Support 6.11.07 ASSOC� CITY 43 Y ARTICLE FIVE military leave with lull pay for the period of absence on military service in excess of the period :overed 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 Jnites 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 ca led 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 tl e 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. VIL 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 w iether or not he/she waives or remits his/her jury fee to the City. B. Jury Fees Returned to the Ci 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 [luring any three (3) consecutive years of employment. All fees received by the ;mployee for jury duty, exclusive of mileage, shall be remitted to the City. City Administrative procedures will govern further details of this program. Z: Semi -Final Art Five MOU 7 1 06 to 6 30 09 Non Safety SL pport 6.11.07 Assoc CIT • • VJ ARTICLE FIVE • r: 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. 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 Z: Seini-Final Ait Five MOU 7 106 to 6 30 09 Non Safety Support 6.11.07 AS CIT 45 V Ll ARTICLE FIVE salary, and the City shall pay on] y 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 t:ianagement 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 A 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. D. Leave of Absence Without Pay - Duration I. Request for leave of absence without pay shall be made as prescribed by the Human Resoul ces 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 Res(urces Director may approve the request of leave of absence without ray, 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) lull 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. Z: Semi -Final An Five MOU 7 1 06 to 6 30 09 Non Safety S Lppon 6.11.07 ASSOC CITY/ 46 ARTICLE FIVE 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. XI. 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: Semi -Final An Five MOU 7 106 to 6 30 09 Non Safely Support 6.11.07 47 0 ASSOOP--)CL CIT ARTICLE SIX tRTICLE SIX GENE RAL 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 terns of this Agreeme it, the Association hereby agree not to seek to negotiate or bargain with respect to any n atters pertaining to rates, wages, hours, and terms and conditions of employment covered by this Memorandum of Understanding. II. EMERGENCY WAIVER PRO VISIONS 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, :he 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 rgarding the impact on employees of the suspension of these provisions in this Memoran(lum of Understanding. III. SEVERABILITY PROVISION A. MOU Remains in Full Force and Effect Should any article, secticn, 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 rem fin in full force and effect for the duration of this Memorandum of Understa nding. 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 < n effort to agree upon a successor provision. Z: Semi -Final Art Six MOU 7 1 06 to 6 30 09 Non Safety Sul port 6.11.07 ASSOC Y)�-NC CIT • • W ARTICLE SIX IV. 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 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 arnended, 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: Semi -Final Art Six MOU 7 1 06 to 6 30 09 Non Safety Support 6.11.07 ASSOCVk��/)'� CIT 49 0 ARTICLE SIX of the proposed changes in wage;, hours, and conditions of employment proposed by the Associations to take effect on or After July 1, 2009. VII. RATIFICATION AND IMPLEMENTATION A. ACKNOWLEDGEMENT The City and Association acknowledge that this Memorandum of Understanding shaal 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 Recommtmdation This Agreement constitutes a mutual recommendation by the parties hereto, to the City Council, that one or more ordinances and/or resolutions be adopted accept.ng its provisions and effecting the changes enumerated herein relating to wages, hours, fringe benefits, and other terms and conditions of erployment for unit employees represented by the Association. C. Ratification Subject to the foregoing, this Memorandum of Understanding is hereby ratified by the aut.rorized representatives of the City and the Association and entered into of i this 28 th day of June, 2007. D. Term or 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: Semi -Final Ao Six MOU 7 106 to 6 30 09 Non Safety Su ,pou 6.11.07 50 ASSOCr- CIT t/ • ARTICLE SIX s 0 PARTIES TO THE AGREEMENT Non -Sworn Safety Support Employees Association Represented by the San Bernardino Public Employees' Association (SBPEA) Malcolm C. Simmons, SBPEA Representative -Chief Negotiator J Poirier, Representative N n-Sworn Safety Support City of est Covina ��, f Artie A. Fields, Assistant C ty Manager and Interim Human Resources Director - Co -Chief Negotiator Thoma Bachma , Finance Director Co -Chief Negotiator i loiom ' ;Safety ationaresentative Sharon Gardner, Management Analyst II Support Employees' Association Mary Cloud, epresentative Non -Sworn Safety Support Employees' Association IN WITNESS WHEREOF, the parties herein have caused this Agreement to be executed this 28t day of June , 2007. San Bernardino Public Employees Association For the Non -Sworn Safety Support Employees Association a C. So y: Malcom C. Simmo s, SBPEA Representative AP ROVED S TO ity Attrney Z: Semi -Final An Six MOU 7 1 06 to 6 30 09 Non Safety Support 6.11.07 51 City of West Co 'na Andrew G. Pasmant, City Manager A S S 0 C Y,'--AC CIT, • APPENDIX "A" CITY OF WEST COVINA NON-SWOIVi SAFETY SUPPORT UNIT The following are those classifications which have been recognized by the City to be assigned to the Non -Sworn Safety Support Employer: Unit: JOB TITLES/CLASSIFICATIONS Communit✓ Services Officer Jailer Police Records Clerk I, II Public Safety Dispatcher Senior Corimunications Operator Z: NEW Appendix At MOU 7 1 06 to 6 30 09 NonSworn S: fety Support Iev 9 14 06\ ASSOC CIT A APPENDIX "B" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE NON -SWORN SAFETY SUPPORT 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 Non -Sworn Safety Support 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). I1. PURPOSE The City and the Association mutually understand and agree that all affected employees in the Non -Sworn Safety Support Employees 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 Non -Sworn Safety Support Employees 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 Non -Sworn Safety Support Employees Unit temporary, seasonal or hourly employees. IV. DUES DEDUCTION 1. 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 Z:NEW Non -Sworn Safety App B MOU Agency Shop 7 1 06 to 6 30 09 ASSOC i 9 CIT BI 0 • APPENDIX `B' Director in sufficient time to permit normal processing of the change or deduction. 3. The City shall not deduct nonies 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 wit] t all legal requirements for expenditures of employee dues, which are applicable to public sector labor organizations. V. CONDITION OF CONTINUED EMPLOYMENT 1. 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 it 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 o.elinquency; 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 ielinquency, the Association shall request, in writing, that the City initiate termil cation 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 helc conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such Unit member has verified th; specific circumstances. Such employee must, instead arrange with the Association to sc tisfy 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 (IRS,), chosen by the employee, from the following (1) United Way, (2) Salvation Army, or (3) Red Cross. VII. ASSOCIATION RESPONSIBI LITY — "HUDSON NOTICE" is 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 Z:Semi Final Non Swom Safety App B MOU Agency Shop %greement ASSOC CITYCITY 132 APPENDIX `B' 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 is 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. 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:Semi Final Non Swom Safety App B MOU Agency Shop Agreement , ASSOC��c B3 CITY f 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 reverses. 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. • Z:Semi Final Non Swom Safety App B MOU Agency Shop agreement ASSO ' C Y B4 APPENDIX C CITY OF WEST COVINA EMPLOYEE CLASSIFICATIONS AND SALARY RANGES NON -SWORN SAFETY SUPPORT EMPLOYEES ASSOCIATION Effective the pay period on or after Effective Effective Effective Pay 7/1/2006 6/30/07 6/28/08 Job Title Range Step (3.5%) (3.5%) (4%) Community Services Officer nsl60 1 $2,907 $31009 $3,129 2 $3,053 $3,160 $3,286 3 $3,205 $3,317 $3,450 4 $3,366 $3,484 $3,623 5 $3,535 $3,659 $3,805 Jailer nsl30 1 $3,028 $3,134 $3,259 2 $3,181 $3,292 $3,424 3 $3,339 $3,456 $3,594 4 $3,507 $3,630 $3,775 5 $3,682 $3,811 $3,963 Police Records Clerk I ns070 1 $2,526 $2,614 $2,719 2 $2,654 $2,747 $2,857 3 $2,785 $2,883 $2,998 4 $2,925 $3,027 $3,148 5 $3,071 $3,179 $3,306 Police Records C1erkII ns110 1 $2,709 $2,804 $2,916 2 $2,844 $2,944 $3,062 3 $2,986 $3,091 $3,215 4 $3,136 $3,246 $3,376 5 $3,293 $3,408 $3,544 Public Safety Dispatcher ns001 1 $3,215 $3,328 $3,461 2 $3,375 $3,493 $3,633 3 $31544 $3,668 $3,815 4 $3,721 $3,851 $4,005 5 $3,907 $4,044 $4,206 Senior Communications Operator 1 ns002 1 $3,809 $3,942 $4,100 2 $4,000 $4,140 $4,306 3 $4,199 $4,346 $4,520 4 $4,409 $4,563 $4,746 5 $4,630 $4,792 $4,984 z:SalaryRan9es : Non -Sworn Safety Support Employees 2006 to 2009 40 • INDEX M_ Acting Pay Assignment Eligibility........................................................................................................................ 12 Compensation Non -Sworn Safety Support Unit Employees..................................................................... 12 Attempt to Appoint Different Qualified Employees.............................................................. 12 Limitations Appointments to Higher Level Positions............................................................ 13 AgencyShop...................................................................................................................... 2 Agency Shop Language Preamble...................................................................................................................... B1 Purpose....................................................................................................................... B1 AssociationMembers ........ :.............................................................................................. B1 DuesDeduction............................................................................................................. B1 — B2 Condition of Continued Employment ....... :.... ..................................................................... . B2 Conscientious Objection.................................................................................................. B2 Association Responsibility — "Hudson Notice"........................................................................ B2-B3 Financial Reporting Requirements of the Asso;iation.............................................................. B3 Indemnification............................................................................................................... B3 Agreement Rescinded by Vote of Employee......................................................................... B4 Effect of Legislative or Judicial Revision, Reve-salor Interpretation ............................................ B4 Amendments to Memorandum of Understanding....................................................................... 49 Article One: Rights and Responsibilities.................................................................................. 1 - 8 Article Two: Salaries and Compensation................................................................................. 9 - 14 Article Three: Work Periods/Schedules/OvertimetCompensatory Time ........................................... 15 — 24 Article Four: Fringe Benefits................................................................................................. 25 — 32 Article Five: Leave Policies................................................................................................... 33 — 47 Article Six: General Provisions.............................................................................................. 48 — 50 Associations and Employee Rights and Responsi )ilities Association and Employee Rights......................................................... ............................... 2 PayrollDeduction............................................................................................................ 2 Indemnification.............................................................................................................. 3 Association Benefit Plans — Dues ................ .................................... I.................................. 3 Association Representation Responsibilities......................................................................... 3 Association Release Time —Time Off for Meeling and Conferring .............................................. 3-4 ReleaseTime — Grievances.............................................................................................. 4 BulletinBoards............................................................................................................... 4 B BereavementLeave........................................................................................................... 43 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..................................................................... 19 Benefitand Not a Right................................................................................................... 19 RestPeriod Procedure..................................................................................................... 19 Scheduled Not to Impair Service................................................................................... 19 Lengthof Rest Period................................................................................................. 19 Z:Semi-Fina; INDEX Non -Swam Safety Support 6.11.07 C Call -Back, Definition of......................................................................................................... 23 Call -Back Compensation 24 Call -Back Pay................................................................................................................. 18 ChangeIn Working Hours...................................................................................................... A Classifications, Non -Sworn Safety Support Employee Unit ......................................................... Compensatory Time 20 Approval........................................................................................................................ 20 Once Comp Time is Approved No Request for Cash Payment ................................................... Useof Compensatory Time............................................................................................... 20 See Also, Overtime "Compensatory Time' Accumulated and Payment CourtStand -By, Definition of.................................................................................................. 23 Court Time Pa .............. 24 D Definitions — Call-back, Stand -By, On -Call, and Court Stand -By "On -Call' Call-back....................................................................................................................... 23 Stand-by........................................................................................................................ 23 On -Call .......................................................................................................................... 23 CourtStand-by "On -Call.. .................................................................................................. 23 Dental Insurance Benefit Dental Insurance Monthly Premium — City Contribution........................................................... 26 Disability Leave, Work Related............................................................................................... 42 — 43 E Emergency Overtime Requirement ........... ................................ :........... .... ..... .............. ............ 22 Emergency Waiver Provisions..............................................:.......................................I......... 20 Employee Health Benefits Committee and Study Purpose of Committee and Study........................................................................................ 27 New Health Benefit Plan — Meet and Confer.......................................................................... 27 F Failure to Return from Leave.................................................................................................. 47 Family Care Leave Birthor Adoption............................................................................................................. 45 FamilyIllness................................................................................................................. 45 Useof Paid Leave........................................................................................................... 45 Floating Holiday —See Holidays FringeBenefits.................................................................................................................... 25 — 32 Fringe Benefits Administration Provision Administration................................................................................................................. 25 Selectionand Funding...................................................................................................... 25 Changes........................................................................................................................ 25 G Gender.............................................................................................................................. 1 GeneralProvisions .. ..................................... ....... .................... ................. '........................... 48 — 50 Z:Semi-Fina; INDEX Non -Sworn Safety Support 6,11.07 0 H Health Benefits — See Medical Insurance, Dental nsurance, and Retiree Health Benefit Health Benefits Committee and Study.................................................................................... 27 Holidays Official Fixed Holidays...................................................................................................... 33 Fixed Holidays — 8 Hours Leave With Pay....................................................................... 33 Fixed Holidays — Leave with Pay— Public Safety Dispatchers and Senior Communications Oper. 33 Floating Holiday Leave (Previously Referred tc as "Personal Leave") ......................................... 34 FloatingHoliday Leave.................................................................................................... 34 Floating Holiday Leave — Reinstated Employee s................................................................... 34 Floating Holiday Leave —Terminating Employees.................................................................. 34 Limitations on Holiday Leave............................................................................................ 35 Paid Status Eligibility....................................................................................................... 35 Observation of Saturday and Sunday Holidays...................................................................... 35 HolidayScheduling........................................................................................................ 35 Hoursof Work Policy. . .................................. ....................................................................... 15 Insurance — See Life Insurance, Long Term Disability, Medical Insurance, Dental Insurance, PERS Retirement Benefits, State Disability Insurance J Jury Duty JuryDuty Policy.............................................................................................................. 44 Jury Fees Returned to the City.......................................................................................... 44 L Leave of Absence with Pay (Special) ..................................................................................... 45 Leave of Absence Without Pay Unauthorized Absence — Automatic Terminatic n.................................................................... 46 Unauthorized Absence — Other Disciplinary Action................................................................. 46 AuthorizedAbsence........................................................................................................ 46 Leave of Absence Without Pay — Duration........................................................................... 46-47 Leave of Absence — Employee Injured on Job..................................................................... 47 Accrualof Benefits......................................................................................................... 47 Leave, Failure to Return from................................................................................................ 47 LeavePolicies.................................................................................................................. 33-47 Leaves — See also Article Five, Bereavement, Co npensatory Time, Holidays, Floating Holiday, Jury Duty, Military Leave, Sick Leave, and Vacatior Life Insurance TermPolicy................................................................................................................... 29 Retired Employee Life Insurance - $500............................................................................... 29 Limitationon Assignments................................................................................................... 13 Long Term Disability Insurance Benefit.......................................................................................................................... 29 MoreSpecific Information................................................................................................. 29 • • Z:Semi-Fins; INDEX Non -Sworn Safety Support 6.11.07 M Non-SwornSafety Support Employee Unit Classifications A .............................................................................. Management Rights and Responsibilities 4-6 ManagementRights......................................................................................................... 6 Authorityof Third Party Neutral........................................................................................... 7 Management Rights............................................................................................ •Impactof Medical Insurance 25 City Monthly Medical Insurance Premium Contribution............................................................ Medical Insurance Cap..................................................................................................... 26 49 — 50 Meet and Confer, Notice of Future........................................................................................... Mileage Reimbursement — Private Vehicle 32 Using Private Vehicles for Approved City Business................................................................. Mileage Reimbursement Rate............................................................................................ 32 32 AdministrativePolicy........................................................................................................ Military Leave 43 State Military and Veteran's Code....................................................................................... Inactive Military Service.................................................................................................... 43 ActiveMilitary Service...................................................................................................... 43 Misuseof Benefits............................................................................................................... 32 IN No Strike/Job Action Provision ProhibitedConduct.......................................................................................................... 7 EmployeeTermination...................................................................................................... 7 Association Responsibilities............................................................................................... 7-8 Notice of Future Meet and Confer............................................................................................ 49 — 50 O On -Call, Definition of............................................................................................................ 23 Overtime OvertimePolicy............................................................................................................... 19 OvertimeAuthorization..................................................................................................... 20 Overtime "Compensatory Time' Accumulated and Payment Eligibility........................................................................................................................ 21 Accumulation.................................................................................................................. 21 TotalHours Comp Time................................................................................................ 21 Compensatory Time at Termination .................................................. ............ I.................. 22 Compensatory Time Change in Classification.................................................................... 22 Overtime, Emergency Requirement......................................................................................... 22 Z:Semi-Fina; INDEX Non -Sworn Safety Support 6.11.07 0 I 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 One Year Final Compensation........................................................................................... 14 2.5%@55.................................................................................................................... 14 4tn Level Survivor Benefits................................................................................................ 14 MilitaryBuy Back........................................................................................................... 14 Provisions of Memorandum Sole and Entire Memorandum of Understanding..................................................................... 49 Personnel and Departmental Rules.................................................................................... 49 0 Ratification and Implementation Acknowledgement........................................................................................................... 50 MutualRecommendation.................................................................................................. 50 Ratification.................................................................................................................... 50 Term of Memorandum of Understanding............................................................................. 50 Recognition Non -Sworn Safety Support Unit Employees......................................................................... 1 Exclusions.................................................................................................................... 1 Classifications Recognized................................................................................................ 2 Retiree Health Benefit — City's Monthly Contributic n City Contribution Amount.................................................................................................. 26 If City No Longer in PERS Health Plan................................................................................. 26 Retiree Health Savings Plan.................................................................................................. 27 — 28 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 ReleaseTime — Grievances.............................................................................................. 4 BulletinBoards............................................................................................................... 4 S Salaries and Compensation.................................................................................................. 9-14 Salary Schedule Salary Schedule — July 1, 2006 through June 20, 2007............................................................ 9 Salary Schedule — July 1, 2007 through June O, 2008............................................................ 9 Salary Schedule — July 1, 2008 through June :20, 2009............................................................ 9 SalariesRounded Off...................................................................................................... 9 Salary Administration Specific Information in Personnel Rules.......................................................................... 9 Effective Date of Step Increases and Extra ompensation................................................... 10 Right to Raise Salaries, Other Compensation and Benefits ................................................... 10 BaseSalary .............................................................................................................. 10 ExtraPay/Compensation............................................................................................. 10 Y-Rating................................................................................................................... 10 Section125 Plan................................................................................................................. 28 Severability Provision Z:Semi-Fina; INDEX Non-Swom Safety Support 6.11.07 I • MOU Remains in Full Force and Effect................................................................................. 48 SuccessorProvision......................................................................................................... 48 Sick Leave 38 SickLeave Benefit........................................................................................................... 38 SickLeave Earned.......................................................................................................... 38 Reinstatementof Sick Leave............................................................................................. Sick Leave Annual Payoff Program.................................................................................... 39 Sick Leave Payoff Upon Termination.................................................................................. 39 Useof Sick Leave............................................................................................................ 40 40 Approval.................................................................................................................... Physician's Certificate on Use of Sick Leave..................................................................... 40 Physical Examination May be Required........................................................................... 40 Use of Sick Leave — Care of Immediate Family..................................................................... 40 TemporaryDisability........................................................................................................ 41 SickLeave Limitations..................................................................................................... 41 SickLeave During Vacation.............................................................................................. 41 HolidayDuring Sick Leave................................................................................................ 41 Use of Sick Leave to Offset Disability Retirement.................................................................. 41 Special Leave of Absence with Pay......................................................................................... 45 Stand -By, Definition of......................................................................................................... 23 State Disability Insurance...................................................................................................... 29 T Time not Considered as Work Time Activities not Work Time.................................................................................................... 17 — 18 Time Work Increments Increments — Less Than One Hour...................................................................................... 21 Incidental Overtime — Not Compensable............................................................................... 21 IncrementsOver One Hour................................................................................................ 21 Time Worked Maximum Time Worked — 7-Day Work Period....................................................................... 16 Tuition Reimbursement Program MaximumReimbursement................................................................................................ 31 AdministrativePolicy....................................................................................................... 31 T Uniform UniformAllowance........................................................................................................... 30 V Vacation VacationPolicy............................................................................................................... 35 Vacation Leave Earned and Accumulated............................................................................ 36 Limitation — Vacation Leave Accrual.................................................................................... 36 Vacation Leave Accrual for Holidays.................................................................................... 36 Payment for Unused Vacation Leave Time at Termination....................................................... 37 Payment for Unused Vacation Leave Time........................................................................... 37 Advance Payment for Vacation.......................................................................................... 37 Vacation Leave — Reinstated/Reemployed Employees............................................................ 37 Vacation Leave — New Employees...................................................................................... 37 P1kr Waiver Provision on Bargaining During Term Agreement............................................................. 48 Work Periods/Schedules/Overtime/Compensatory Time.............................................................. 15 — 24 Work Periods 7-Day Work Period........................................................................................................... 15 Memi-Fins; INDEX Non -Sworn Safety Support 6.11.07 L • 5/8 and 4/10 Work Schedules............................................................................................ 15 4/10 Work Schedules — Unit Employees............................................................................... 15 9/80 Work Schedule........................................................................................................ 16 7-Day Work Period — Fixed and Regularly Ret;urnng............................................................... 16 28-Day Work Period — Fixed and Regularly Rocurring............................................................. 16 Work Related Disability Leave Injury/Illness Arising Out Of and In the Course of Job Duties ..................................................... 42 Temporary Disability Compensation................................................................................... 42 Salary Step Increases During Leave................................................................................... 42 Review of Safety Committee............................................................................................. 42 Working Hours, Change In................................................................................................... 18 • Z:Semi-Fiva; INDEX Non-Swom Safety Support 6.11.07