Resolution - 2014-52RESOLUTION NO. 2014-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR
MEMORANDUM OF UNDERSTANDING (MOU) FOR THE
NON -SWORN SAFETY SUPPORT EMPLOYEES'
ASSOCIATION AND AMENDING COMPENSATION AND
BENEFITS FOR THE NON -SWORN SAFETY SUPPORT
EMPLOYEES' ASSOCIATION
WHEREAS, the City of West Covina has met and conferred with representatives for the Non-
Swom Safety Support Employees' Association; and
WHEREAS, the City of West Covina and the Non -Sworn Safety Support Employees'
Association have agreed upon certain changes to the benefits and terms and
conditions of employment in an agreed upon Memorandum of Understanding
(MOU) for the period of July 1, 2014, through June 30, 2015; and
WHEREAS, this agreement has been refmed to the City Council for their consideration of the
terms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The one (1) Year Agreement from July 1, 2014 through June 30, 2015, between
the City of West Covina and the Non -Sworn Safety Support Employees'
Association attached hereto as Exhibit "A" is hereby approved and ratified.
SECTION 2. That the Mayor is autho,ized to sign and the City Clerk shall certify to the
adoption of this resolution and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 2"d day of December, 2014
I/
redrick ykes
Mayor
APPROVED AS TO FORM:
—4� p�f
Kimberly Hat Barlow
City Attorney
ATTEST:
A.
T�Tkckolas S. Le
City Clerk...,,=
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing resolution was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting held thereof on the 2"d of December 2014 by the
following vote of the City Council:
AYES: Herfert, Spence, Toma, Warshaw, Sykes
NOES: None
ABSTAIN: None DO,
ABSENT: None
Nickolas S. Lewis
City Clerk /
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
WEST COVINA NON -SWORN SAFETY SUPPORT
EMPLOYEES' ASSOCIATION
REPRESENTED BY THE SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION
JULY 13 2014 THROUGH DUNE 309 2015
EXHIBIT A
TABLE OF CONTENTS
ARTICLE SUBJECT PAGES
ARTICLE ONE
RIGHTS AND RESPONSIBILITIES
1-7
ARTICLE TWO
SALARIES AND COMPENSATION
8 - 12
FORK PERIODS/ SCHEDULES/
ARTICLE THREE
OVERTIME/ COMPENSATORY TIME
13 - 21
ARTICLE FOUR
FRINGE BENEFITS
22 - 28
ARTICLE FIVE
LEAVE POLICIES
29 - 42
ARTICLE SIX
GENERAL PROVISIONS
43 - 45
SIGNATURE PAGES
46
NON -SWORN SAFETY SUPPORT
APPENDIX A
EMPLOYEE UNIT CLASSIFICATIONS
47
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA
AND THE NON -SWORN SAFETY
APPENDIX B
SUPPORT EMPLOYEES ASSOCIATION
48 - 50
REGARDING AGENCY SHOP FOR NON -
SWORN SAFETY SUPPORT UNIT
EMPLOYEES
ARTICLE ONE
RIGHTS AND RESPONSIBILITIES
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.
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.
C. Classifications Recognized
Specific classifications recognized by the City of West Covina being represented
by the SBPEA are listed in Appendix "A-1" 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
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details of this agreement are set forth in Appendix "B" of this Memorandum of
Understanding.
V. ASSOCIATIONS AND EMPLOYEE RIGHTS AND RESPONSIBILITIES
A. Association and Employee Rights
The City and the Association shall comply with the provisions of Government
Code 3500, as amended, or any subsequent State law governing meet and
confer rights of employee organizations. The parties further agree that during the
term of this Memorandum of Understanding, each party shall retain those rights
respectively vested by local, state and federal law, which cannot otherwise be
waived by this Agreement.
B. Payroll Deduction
The City shall, during the term of this Agreement, deduct monies for
membership dues on a bi-monthly basis (24 pay periods) from unit
employees whose classification and position are recognized to be
represented by the Association and who voluntarily authorize the
deduction in writing, or on forms approved by the City.
2. The City shall not be obligated to put into effect any new, changed, or
discontinued deduction until the pay period commencing thirty (30) days
after receiving the request.
The City shall remit to the recognized employee organization the monies
from authorized deductions made in accordance with procedures set forth
by the City.
In the event the employee shall not be entitled to any pay for the first pay
period of any month, such deduction shall be made from the wages of
such employee earned in the next succeeding pay period in said month.
If such employee shall not be entitled to any pay during the succeeding
pay period in said month, the City shall not make dues deduction
thereafter in respect to the dues of said employee for said month.
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.
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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.
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.
The Association negotiating committee shall be allowed release time as
approved by management in order to prepare for meet and confer
sessions required for subsequent new Memorandums of Understanding.
3. Individual negotiating committee members shall give management as
much advance notice as possible about the dates, times, and duration of
the requested release time.
4. Unless otherwise agreed to by both parties, the negotiating terms for the
Association shall not exceed three (3) members each.
5. Full pay, as stated, shall mean the employee's current base salary, fringe
benefits, and any assignment pay.
6. Each party shall provide the other a list of representatives at least two
weeks prior to the date set for meeting and conferring unless both parties
agree such notice is impractical.
G. Release Time -Grievances
Representatives of the Association shall be granted reasonable release time
from their assigned work as approved by management to provide representation
services such as grievance matters.
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H. Bulletin Boards
1. The City may permit the Associations to use certain designated bulletin
boards approved by management located at City facilities to post
Association related information.
2. The Associations agree to continually self -monitor all information posted
on bulletin boards to ensure they are maintained in an orderly manner.
All materials posted should be dated and contained in an orderly manner.
3. No item(s) that can reasonably be interpreted as inflammatory, libelous,
obscene, or slanderous may be posted on bulletin boards.
VI. MANAGEMENT RIGHTS AND RESPONSIBILITIES
A. Management Rights
The City continues to reserve, retain, and is vested with, solely and exclusively,
all rights of management, regardless of the frequency of use, which have not
been expressly abridged by specific provisions of the Memorandum of
Understanding or by law, to manage the City for the citizens of West Covina, as
such rights existed prior to the execution of the Memorandum of Understanding.
The City continues to reserve and retain solely and exclusively all rights of
management, including those City rights set forth in the City of West Covina
Municipal Code, Employee Organizations, Art. V, Sec. 2-205 through 2-228, and
Personnel Rules, as amended, and including but not limited to the following
rights:
1. To manage the City and to determine policies and procedures and the
right to manage the affairs of the City.
2. To take into consideration the existence or non-existence of facts which
are the basis of the management decision.
3. To determine
termination of
governmental j
4. To determine
technology, sta
public.
the necessity, organization, and implementation and
any service or activity conducted by the City or other
urisdictions, and to expand or diminish services.
nature, manner, means, type, time, quantity, quality,
lndards, level, and extent of services to be provided to the
5. To determine methods of financing.
6. To determine quality, quantity, and types of equipment or technology to
be used.
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7. To determine and/or change the facilities, methods, technology,
equipment and apparatus, means, operations to be performed,
organizational structure, size, and composition of the work force and
allocate and assign work by which the City operations and services are to
be conducted.
8. To plan, determine, and manage City budget which includes, but is not
limited to, changes in the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City
functions, including the right to contract for or subcontract any work or
operation of the City.
9. To assign work to and schedule employees in accordance with
requirements as determined by the City as to work hours and changes to
work hours, schedules, including call back, standby, and overtime, and
assignments except as otherwise listed by this agreement.
10. To lay off employees of the City from duties because of lack of work or
funds, or under conditions where continued work would be ineffective or
non -productive or not cost effective as determined by the City.
11. To establish and modify goals and objectives related to productivity and
performance programs and standards, including, but not limited to, quality
and quantity, and require compliance thereto.
12. To direct, supervise, recruit, select, hire, evaluate, promote, transfer,
discipline, discharge, terminate, suspend, demote, reprimand, reduce or
withhold salary increases and benefits, and otherwise discipline
employees for cause.
13. To determine qualifications, skills, abilities, knowledge, selection
procedures and standards, job classifications, and to reallocate and
reclassify employees.
14. To hire, transfer intra- or inter -division, promote, reduce in rank, demote,
reallocate, and terminate employees and take other personnel action for
non -disciplinary reasons in accordance with this Agreement and
Personnel Rules.
15. To determine policies, procedures, and standards for selection, training,
and promotion of employees.
16. To establish employee performance standards, including quality, and
quantity standards, and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
18. To establish, implement, and/or modify rules and regulations, policies and
procedures related to productivity, performance, efficiency, standards of
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ethics, conduct, safety, health, and order in the City and to require
compliance therewith.
19. To restrict the activity of an employee organization on City property and
facilities and on City time except as set forth in this agreement.
20. To determine the issues of public policy and the overall goals and
objectives of the City's divisions and to take necessary action to achieve
the goals and objectives of the City's Departments.
21. To require the performance of other services not specifically stated herein
in the event of emergency or disaster as deemed necessary by the City.
22. To take any and all necessary steps and action to carry out the service
requirements and to determine the issues of public policy and the overall
mission of the City and the mission of the Agency in emergencies or any
other time deemed necessary by the City not specified above.
B. Authority of Third Party Neutral
All management rights, powers, authority, and functions, whether heretofore or
hereinafter exercised, shall remain vested exclusively with City. No third party
neutral shall have the authority to diminish any of the management rights, which
are included in this Agreement.
C. Impact of Management Rights
The City agrees to meet with the Association, except in emergencies as defined
elsewhere in this Agreement, over the exercise of a management right which
significantly and directly impacts upon the wages, hours, and terms and
conditions of employment of unit employees, unless remedies for the impact
consequences of the exercise of a management right upon unit employees are
provided for in this Agreement, Personnel Rules, Administrative Policies, or
Departmental Rules.
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.
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B. Employee Termination
Any employee who participates in any conduct prohibited in Section A above
shall be considered an unauthorized absence and shall be subject to discharge
or other disciplinary action by the City, regardless of whether the Association
carries out in good faith its responsibilities set forth below.
C. Association Responsibilities
In the event that the Association, its officers, agents, representatives,
and/or members engage in any of the conduct prohibited in A, Prohibited
Conduct, above, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this
Memorandum of Understanding and unlawful, and they must immediately
cease engaging in conduct prohibited in A, Prohibited Conduct, above,
and return to work.
2. If the Association performs all of the responsibilities in good faith set forth
in C(1) above, its officers, agents, and representatives shall not be liable
for damages for prohibited conduct performed by employees who are
covered by this Agreement in violation of A, Prohibited Conduct, above.
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ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARY SCHEDULE
A. Effective the first day of the pay period beginning on or after July 1, 2014, all
employees in the unit's classifications shall continue to receive the salary
established pursuant to the 2012-2014 MOU.
B. SALARIES ROUNDED OFF
All salaries shall be rounded to the nearest whole dollar.
C. SALARY ADMINISTRATION
Specific Information in Personnel Rules
Specific detailed information dealing with such subject as salary
anniversary dates, increases within the salary range, salary on
appointments and other related types of salary administration issues are
set forth in the City Personnel Rules.
2. Effective Date of Step Increases and Extra Compensation
All step increases and extra compensation shall be made effective at the
start of the next regular pay period, except as otherwise approved by
management.
3. Right to Raise Salaries Other Compensation and Benefits
The City reserves the right to raise salaries, and other compensation, and
benefits during the term of this agreement. The City shall meet and
consult with the Association prior to implementing increased
compensation and benefits.
4. Base Salary
Base salary shall mean only the assigned salary to any unit classification
exclusive of any other type of form of compensation.
5. Extra Pay/Compensation
Extra pay shall be defined as compensation above the unit employee's
base salary for special assignments, differentials, and bonuses.
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6. Y-Rating
a. When a personnel action, such as a demotion due to layoff,
reclassification, or job rehabilitation results in the lowering of the
incumbent unit employee's salary range, the affected incumbent's
salary may be "Y-rated" by the City.
b. "Y-rated" shall mean the maintenance of the incumbent
employee's salary rate at the level effective the day preceding the
effective date of the personnel action in lieu of placing the
employee in a lower salary range.
C. The employee's base salary shall remain at the same level until
the salary range of the new classification equals or exceeds the Y-
rated salary.
d. Those unit employees on a job rehabilitation shall be Y-rated upon
written agreement and mutual consent between the affected
employee and the City.
II. Bilinqual Allowance
A. Eligibility
1. The department head shall designate certain unit employees to receive
bilingual pay, who have been certified by the Human Resources
Department as possessing the skills necessary to communicate
effectively in English and a second language with the public in order to
conduct the business of the City.
2. No more than one unit employee within an office or crew will receive
bilingual pay, unless it is determined by the department head that such an
exception exists. An exception may occur within an office, wherein unit
employees take different lunches and or work flex -schedules.
3. Human Resources Department shall certify, through examination, that the
employee has a basic fundamental conversational skill level in the second
language.
B. Compensation
1. Eligible employees assigned to Bilingual Allowance receive extra
compensation of one hundred dollars ($100) per month above their base
salary.
2. This extra pay compensation shall become effective the first pay period
following the receipt of the Bilingual certificate and approval by the
Director of Human Resources. This extra compensation shall terminate
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immediately upon the day the assignment is revoked by the Department
Head.
C. Limitations
Eligible languages will be those languages identified by the Los Angeles
County Registrar-Recorder/County Clerk for use in municipal elections
held in the City of West Covina. Currently, these languages are Chinese
(Mandarin and Cantonese), Spanish, Tagalog, and Vietnamese. Should
the eligible languages change, employees currently receiving bilingual
pay for a language no longer identified by the Los Angeles County
Registrar-Recorder/County Clerk for use in municipal elections, will
continue to receive bilingual pay. However, no additional employees will
be paid for use of that language.
2. Only one (1) allowance will be paid to an employee regardless of the
number of certified languages.
III. Acting Pay Assignment
A. Eligibility
1. Acting pay is intended to compensate those employees assigned to
perform a significant portion of a higher level position having a greater
degree of responsibility and independence and/or requiring a significantly
higher level of expertise.
2. An acting appointment may be made to a higher class or position
occupied by a person on temporary leave, disability, or the position is
vacant. Such acting appointment shall not exceed 12 months, unless
extension is approved by the City Manager. Acting appointments shall be
made from existing promotional lists, if available.
3. Should no promotional eligibility list exist, acting appointments shall be
made in accordance with the provisional appointments section of the
Personnel Rules, except as further approved by the City Manager. Upon
the return of the incumbent from leave or disability, the acting
appointment shall be immediately terminated, and the appointee shall
resume regular duties, compensation and privileges as if he/she had
continued his/her duties in his/her regular classification.
B. Compensation
1. Non -Sworn Safety Support Unit employees assigned and approved by
management in an acting status, shall be paid five percent (5%) above
their base salary after 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.
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2. Attempt to Appoint Different Qualified Employees
Whenever practical, based on the experience and expertise required to
perform the higher level duties, management will attempt to appoint
different qualified employees to acting assignments based on the needs
of the organization.
3. Limitations Appointments to Higher Level Positions
Acting appointments to higher level positions do not require the
assignment of another employee to cover the duties of the employee so
assigned.
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 Retirement Benefits
The contract between the City and Public Employees' Retirement System (PERS) shall
provide the following benefits:
A. Unused Sick Leave
Unused accumulated sick leave may be converted to additional service credit at
the time of retirement pursuant to PERS Section 20862.8.
B. One Year Final Compensation
Retirement benefits shall be computed using the One -Year Final Compensation
Option under PERS Section 20024.2.
C. 2.5% @ 55
Miscellaneous employees shall participate in the PERS 2.5% at age 55
retirement benefit plan. The City shall pay 100% of PERS employer cost for
these employees. The employees shall pay the full employee cost of eight (8%).
Such contribution shall be made on a pre-tax basis.
D. 2% @ 60
Employees hired on or after January 1, 2011, shall participate in the PERS 2% at
age 60 retirement benefit plan. The City shall pay one hundred percent (100%)
of the PERS employer cost for such employees. The employees will pay the full
employee cost of seven percent (7%). Such contribution shall be made on a pre-
tax basis.
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D. 411 Level Survivor Benefits
Fourth Level of 1959 Survivor Benefits PERS Section 21574 for employees
covered by this agreement.
E. Military Buy Back
Military service credit as public service credit under PERS section 21024.
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ARTICLE THREE
WORK PERIODS/SCHEDULES/OVERTIME/COMPENSATORY TIME
I. HOURS OF WORK POLICY
It is the policy of the City that the hours of work, as negotiated by unit employees or
determined by the City Council for non -represented employees, shall constitute a week's
work for all full-time employees, except that work days and work weeks of a different
number of hours may be established in order to meet the varying needs of the different
City departments.
II. WORK PERIODS
A. 7-Day Work Period
The work hours for unit employees shall be a fixed and regularly recurring period
of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods.
B. 5/8 and 4/10 Work Schedules
518 and 4/10 work schedules shall consist of a seven (7)-day work period of forty
(40) hours that begins on Sunday at 12:00 a.m. and ends on Saturday at 11:59
p.m., except as modified by management.
C. 4/10 Work Schedules — Unit Employees
1. On or after January 1, 2004, the City may implement a 4/10-work
schedule for all unit employees.
2. It is understood that City Hall will remain open Monday through Friday,
except for holidays, as set forth in this agreement.
3. The City Manager maintains the final authority to determine work
schedules as required.
D. 9/80 Work Schedule
9/80 work schedule shall consist of a seven (7)-day work period of forty (40)
hours as follows:
1. Work week begins on Monday at 12:00 p.m. and ends the following
Monday at 11:59 a.m., except as modified by management, and;
2. Work week begins on Friday at 12:00 p.m. and ends the following Friday
at 11:59 a.m., except as modified by management.
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E. 7-Day Work Period — Fixed and Regularly Recurring
The work periods shall be fixed and regularly recurring 7-day work periods as set
forth in the aforementioned.
F. 28-Day Work Period — Fixed and Regularly Recurring
Unit Employees assigned to 3/12 work schedule shall work a fixed and regularly
recurring 28-day work period of 168 work hours.
G. Non -Sworn Safety Support Employees — Semi -Annual Work Periods
Non -Sworn Safety Support Employees — 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 per each 7 day work period which is paid at the
straight time rate of pay shall be forty (40) hours inclusive of breaks and
exclusive of time not considered work time.
B. 36-HOUR WORK PLAN
Monthly salary rates for employees assigned to 3/12 work schedule are based on
a 36-hour work plan with the condition that at the end of each month the
employee will owe the City sixteen (16) hours of work time to be reconciled in the
following manner and order:
For Community Service Officers assigned to the Police Patrol Division and
Jailers:
1. 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.
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For Public Safety Dispatchers:
1. 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.
1. Non -paid meal breaks.
2. Leave of absence taken without pay.
3. Travel time to work and returning home in either personal or City vehicle.
4. Time in off -duty training assignments (homework, study time, meal time,
sleep time, etc.)
5. Off -duty travel to training sites and returning home.
6. Off -duty time putting on and taking off uniforms.
7. Off -duty time for personal preparation and clean-up.
8. Off -duty time spent in the maintenance of City vehicles or equipment.
9. Time worked for which unit employees have already been paid at one and
one half (1-'/z) time their regular rate of pay within assigned forty (40) hour
work period.
10. Off -duty time spent on court Stand-by time.
11. Any time not authorized as work time.
12. Any time spent by employees in accomplishing voluntary or mandatory
Employee Assistance Rehabilitation Program (EAP).
V. CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from regular working hours desired by an
employee shall, in advance, be approved by management.
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VI. HOLD OVER — COMMUNICATIONS EMPLOYEES
When conditions necessitate, employees 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 hours) 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 staffing drops below department set minimum levels.
VII. BREAKS — REST PERIODS
A. Two 15-Minute Breaks — Rest Periods
1. Number of Breaks
Unit employees may receive two break -rest periods for each scheduled
workday actually worked, and a break -rest period of 15 minutes for each
four consecutive hours of overtime worked as approved by management.
2. Non -accumulative
Rest periods are not accumulative and shall not be added to any meal
times, vacation, or any form of authorized absence from work unless
authorized by management.
3. Not Used at Beginning and End of Workshift
These breaks may not be used at the beginning or the end of work shift
unless authorized by management.
4. Benefit — And Not a Right
Break -rest periods are a benefit and not a right, and time must be earned
as any other benefit.
5. Rest Period Procedure
a. Scheduled Not to Impair Service
Rest periods are scheduled or rescheduled by management as
job requirements dictate.
b. Length of Rest Period
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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.
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Vill. OVERTIME
A.
A�
L
Overtime Policy
It is the policy of the City of West Covin
whenever possible. However, when
management, payment will be paid or
one-half for all hours worked in excess
sick leave, holidays, bereavement lea
shall be considered hours worked.
1 to avoid the necessity for overtime work
rvertime is necessary and approved by
compensatory time accrued at time and
of the normal daily work shift. Vacation,
'e, jury duty and compensatory time off
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.
Overtime Authorization
If in the judgment of management, work beyond the established work
week is required by his/her employees, such work, except in the case of
immediate emergency, shall be performed only with the prior
authorization of management.
2. In emergencies, where prior authorization cannot be issued, management
shall obtain approval for the overtime worked at the earliest opportunity
thereafter, in no case to exceed five (5) calendar days after the day in
which the overtime was worked.
An emergency shall be construed as an unforeseen combination of
circumstances that 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 lieu of pay for overtime hours worked. Such
compensatory time off shall be credited to the employee's account on a time and
one-half basis, i.e., one and one-half hours for each overtime hour worked.
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B. Once Comp Time is Approved No Request for Cash Payment
Once compensatory time off is selected and approved by management, the
employee may not request cash payment. Upon separation, an employee shall
be paid for accumulated compensatory time.
C. Use of Compensatory Time
Accumulated compensatory time may be utilized as paid leave on a straight time
hour for hour basis at the mutual convenience of management and employees
without such options beinr'`tied to sick leave usage. All compensatory time
utilized as paid leave by an employee shall be debited from their accrued
compensatory time bank.
D. Compensatory Time Deposit
The hours deposited. into each employee's time bank pursuant to the 2012-2014
MOU will have no cash value and any hours remaining in this bank upon
separation from employment will not be cashed out and paid to the employee.
X. TIME WORK INCREMENTS
A. Increments — Less Than One Hour
1. All authorized time worked which is beyond the unit employee's work shift
schedule which is less than one -hour increments shall be compensated in
the following manner:
Time
Time Worked
0 — 10 minutes
0
11 — 20 minutes
/4 hour
21 — 30 minutes
Yz hour
31 — 50 minutes
3/ hour
51 — 60 minutes
1 hour
2. Incidental Overtime — Not Compensable
Incidental overtime is not compensable, and may not be credited as
overtime. Incidental overtime is defined as overtime of less than ten
minutes In any one day, which is non -recurrent in nature.
B. Increments Over One Hour
Any time worked increments which are over one hour shall be compensated in
the same procedure as mentioned herein.
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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
1.
Clerks I & II, Jailers
Community Services Officers, Police Records Clerks I & ll, and Jailers
may accumulate up to a total of one hundred twenty (120) compensatory
hours, unless otherwise set forth in this agreement.
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 eighty-four (184) hours
of comp time and holiday comp time.
Holiday Compensation Time — Public Safety Dispatchers and Senior
Communications Operators
Public Safety Dispatchers and Senior Communications Operators who
work on a fixed holiday as set forth in Article Five shall accrue holiday
compensatory time based upon the following hours worked:
a. Minimum four (4) hours to 7.99 hours to accrue four (4) hours of
compensatory time.
Over eight (8) hours to accrue eight (8) hours compensatory time.
C. Such time shall be accounted for separately from overtime
compensatory 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 basis at the employee's currently hourly rate of pay.
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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 hours paid off at their current hourly rate of pay.
XII. EMERGENCY OVERTIME REQUIREMENT
The City reserves the right to require unit employees to work overtime in an emergency
as determined by management.
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-by
1. Stand-by is an assignment given to unit employees by management
requiring them to be accessible via phone, recall (pager) devices, or other
methods approved by management.
2. Unit employees on a stand-by assignment shall be required to return to
work immediately as directed by management.
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
1. 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 on -call status may be required to return to work
immediately as directed by management.
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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.
XIV. CALL-BACK COMPENSATION
Non -Sworn Safety Support Employees Call -Back Pay
1. If an employee is required to return to work at the request of his/her department
head while on regularly scheduled time off, the employee shall receive a
minimum of three (3) hours pay at the rate of time -and -one-half.
2. Unit employees shall be compensated at the applicable rate for all time worked in
excess of three (3) hours,that includes necessary travel time from the employee's
home to the job site and return.
3. The minimum provided for herein shall not be paid more than twice during any
one calendar day.
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 Communications Operator on court stand-by "on -call" during
off -duty hours for court stand-by, shall be compensated at a rate of fifty dollars ($50) per
day.
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ARTICLE FOUR
FRINGE BENEFITS
FRINGE BENEFITS ADMINISTRATION PROVISION
A. Administration
The City reserves the right to select, administer, or fund any fringe benefits
programs involving insurance that now exist or may exist in the future.
B. Selection and funding
In the administration of fringe benefits programs involving insurance, the
City shall have the right to select any insurance carrier, self -insure, or
other method of providing coverage to fund the benefits provided, as long
as the benefits of the plan are substantially the same.
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. CAFETERIA PLAN
A. Health Insurance
1. Any current employee who does not participate in the City's health
insurance plan and can demonstrate that he/she has health insurance
coverage from another source will receive a City contribution of six
hundred dollars ($600) per month. This amount may be received as
cash, contributed to the employee's deferred compensation plan or be
used to purchase dental or vision insurance.
2. All employees hired on or after the date this Agreement is ratified, who do
not participate in the City's health insurance plan and can demonstrate
that he/she has health insurance coverage from another source will
receive a City contribution of three hundred dollars ($300). This amount
may be received as cash, contributed to the employee's deferred
compensation plan or be used to purchase dental or vision insurance.
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C.
3. An employee who selects an Employee Only medical plan will receive a
City contribution in an amount that when added to the PEMCHA statutory
minimum amount equals the monthly Los Angeles Region Kaiser
Employee Only medical premium or $600 whichever is greater.
4. An employee who selects an Employee plus One medical plan will
receive a City contribution in an amount that when added to the PEMCHA
statutory minimum amount equals the monthly Los Angeles Region
Kaiser 2-party medical premium.
5. An employee who selects an Employee plus Two or More (Family)
medical plan will receive a City contribution in an amount that when
added to the PEMCHA statutory minimum amount equals the monthly
Los Angeles Region Kaiser Family medical premium.
9. Should the monthly City contribution exceed the monthly medical
premium amount, any excess amount can be received as cash,
contributed to the employee's deferred compensation plan or be.used.to
purchase dental or vision insurance.
Dental Insurance
In addition to the above amount for medical insurance, the cafeteria amount shall
also include up to $53.28 monthly for dental insurance for the member and
eligible dependents. If the dental insurance plan selected by the member is less
than $53.28, the cafeteria amount shall be the cost of the dental insurance plan
selected. If the dental insurance plan selected by the member is equal to or
more than $53.28 per month, the cafeteria amount shall be $53.28.
Vision Insurance
In addition to the above amounts for medical and dental, the cafeteria amount
shall also include the employee only monthly cost for vision insurance.
Employees may enroll eligible dependents in the plan at the employee's cost.
Ill. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION
A. City Contribution Amount
Provided that employees represented by the Associations have participated in
the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with
the City, the City will contribute an amount equal to the PEMCHA statutory
minimum towards the payment of premiums for retiree health insurance under
the Program.
B. If City No Longer in PERS Health Plan
Should the City withdraw from the PERS Health Plan during the term of this
agreement, the City and Associations shall meet to determine what the monthly
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IV
VI.
contributions toward the new medical health plan would be and when it would be
effective.
RETIREE DENTAL INSURANCE BENEFIT
Effective as soon as possible, employees that retire directly from City employment, shall
be able to participate in a City Retiree Dental Insurance Plan based on retiree rates.
This Plan shall include coverage for the retiree and eligible family members. The City
shall not contribute to the monthly premium.
EMPLOYEE HEALTH BENEFITS COMMITTEE
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 is subject to regulatory and provider regulations'
A. Employee Contribution
B. Employer Contribution
$25 per month minimum
$100 per month
C. Employer Lump Sum RHS Contribution
1. Employee must be a full-time West Covina City employee as of July 1,
2006, to qualify for this benefit.
2. Employee must take a service or disability retirement from the City of
West Covina to qualify for this benefit.
3. A lump sum RHS contribution to the Plan to be paid by the City at the
time of the qualifying employee's retirement (In the event of death prior to
retirement lump sum paid immediately to spouse/dependents from the
Plan.
4. To obtain the lump sum benefit employee must retire from the City of
West Covina by July 1, 2017, or after the first pay period following the
employee's 62ntl birthday, whichever comes first. Unit employees who are
age 62 within the first six months of the program shall have six months
beyond their 62ntl birthday to retire before losing any lump sum
entitlement.
5. Employees working beyond the sunset provisions under "4" above will
have their lump sum amount reduced by $900 each year after the 10
year/age 62 provision until they retire.
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6. AMOUNT OF BENEFIT
`Employee's Years of Service as of 7/1/07
5 — 9 years
More than 9 years — 14 years
More than 14 years — 19 years
More than 19 years
Amount of Lump Sum Payment
$200 per year
$400 per year
$600 per year
$800 per year
(maximum benefit $25,000)
Break in service cannot exceed one year to qualify for continuous full-time service credit. (Part-
time hours do not count toward service credit).
7. Effective July 1, 2013, the PARS EPMC Supplemental Retirement Plan
will be eliminated for all unit employees.
8. Effective July 1, 2013, employees that participated in the PARS EPMC
Supplemental Retirement Plan will be eligible to receive lump sum
contributions to their RHS account as follows:
a. The City will contribute into the employee's RHS account a lump
sum of three hundred dollars ($300) annually each July for a
period of six (6) years.
b. An employee must be an active employee of the City as of July 1s'
of each year to receive year's lump sum contribution.
C. The maximum amount contributed under this provision shall be
$1,800.
d. Should an employee leave the City prior to completion of the six
(6) years, the employee will only receive this benefit for the years
he/she was an employee of the City.
Vill. SECTION 125 PLAN
A. The City has established a program consistent with Section 125 of the IRS Code,
which enables employees to voluntarily use pre-tax earnings for medical, dental,
and dependent care expenses.
B. It is understood by the parties that participation in the Plan is voluntary for
employees and the City will not be obligated to contribute to pay any employee
costs who participate in the Plan.
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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 twenty thousand dollars ($20,000).
B. Term Policy —'/z 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 Yz of annual salary to a maximum of fifty thousand dollars ($50,000).
C. Retired Employee 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 five thousand dollars ($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 ninety (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 Human Resources
Department.
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:
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1. Community Service Officer
Each January, employees in the classification of Community Service
Officer shall receive an annual uniform allowance of seven hundred
dollars ($700) per calendar year.
2. Jailers
Each January, employees in the classification of Jailers shall receive an
annual uniform allowance of six hundred dollars ($600) per calendar year.
3. Police Records Clerk
Each January, employees in the classification of Police Records Clerk
shall receive an annual uniform allowance of 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 Safety Dispatcher and Senior Communications Operator
employees. Each January, employees in the classification of Public
Safety Dispatcher and Senior Communications Operator shall receive an
annual uniform allowance of 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
1. 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.
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XIII. TUITION REIMBURSEMENT PROGRAM
A. Maximum Reimbursement
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 are set forth in
Administrative Policy approved on August 13, 1992, and as amended thereafter.
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 approved on February 8, 2003, and amended thereafter.
XV. MISUSE OF BENEFITS
Employees who fraudulently gain or fraudulently attempt to gain for themselves or others
by deception, omission, or fraud the benefits of the City's Workers' Compensation,
retirement, medical,. dental, or other insurance policies or any other benefit which they
would not otherwise be entitled to shall be subject to: 1) denial of requested benefits;
and/or b) disciplinary action up to and including removal.
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ARTICLE FIVE
LEAVE POLICIES
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
Z. Fixed Holidays — 10 Hours Leave With Pay
Each fixed holiday granted to employees shall be ten (10) hours of time
off with pay. Any additional time taken off above ten (10) 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 Pa — Public Safety Dispatchers (PSD) and
Senior Communications Operators (SCO)
'S
a. PSD's ands CC 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.
b. 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.
4. For Fiscal Years 2014/2015, City Hall and the majority of all City
departments with the exception of Police and Fire will be closed each
year from December 24`h through January 11t. Each year employees will
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receive a separate bank of holiday hours that can only be used to cover
their absence from work from December 2411 through January 1s1.
5. The amount of these separate holiday hours granted to each employee
will be based on the employee's normal work hours on these days. The
employee must be an active employee of the City of West Covina on the
above dates to receive these holiday hours.
6. Any employee required to work between December 2411 and January 11,
on their normal work day(s) will receive compensatory time off or holiday
pay based on actual hours worked up to a maximum of sixty (60) hours.
B. Floating Holiday Leave (Previously Referred to as "Personal Leave")
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 leave becomes usable January 1 of each calendar year
and must be used by December 31 of the same calendar year. The
hourly equivalent may not be paid in lieu of time off.
3. Floating holiday leave may not be accumulated and carried over into the
next calendar year. Any unused floating holiday leave time remaining at
the end of each calendar year, if any, shall be null and void unless
approved by City Manager.
C. Floating Holiday Leave
1. New employees are not eligible to receive and use floating holiday leave
until they have been continuously employed with the City for a period of
one (1) month.
2. New employees appointed after the beginning of the calendar year are
entitled to floating holiday leave at a rate of 1.54 hours per pay period of
full-time employment.
D. Floating Holiday Leave — Reinstated Employees
Reinstated employees shall receive floating holiday leave credit for all prior
service in the current year in ascertaining the number of hours usable and when
they may be used.
E. Floating Holiday Leave — Terminating Employees
1. Terminating employees who have not used all the floating holiday leave
that they are entitled to shall be paid off at the rate of 3.33 hours per
month of employment in the current calendar year. If the employee's
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termination date is after the 1811 of the month, the employee will receive
floating holiday leave credit for that month.
2. If the terminating employees have taken more floating holiday leave time
than they are entitled to, the amount of time taken in excess shall be
deducted from vacation, sick leave pay-off, or salary when final payroll
checks are computed.
F. Limitations on Holiday Leave
Holiday leave shall not apply to any employee hired on a part-time, temporary,
extra help, hourly, or daily basis. A temporary employee, who is filling a full-time
position, during the absence of a regular employee on a military leave of absence
for military duty, shall be entitled to the same holidays as a regular employee.
G. Paid Status Eligibility
Employees are eligible to receive holiday leave with pay only if they are in a "paid
status" on the regularly scheduled workday or shift immediately preceding the
holiday and the regularly scheduled workday or shift immediately following the
holiday. "Paid status" includes vacation, sick leave, compensatory time,
bereavement leave, jury duty and injured on duty.
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.
When a holiday falls on a Saturday, the preceding Friday shall be
deemed to be the holiday in lieu of the day observed.
For all other employees, when a holiday falls on a regularly scheduled
day off, the employee shall be entitled to eight (8) hours straight
compensatory time for the holiday. This compensation can be taken as
either compensatory time or pay, at the discretion of the employee.
Holiday Scheduling
The City reserves the right to require employees to work on fixed holidays.
II. VACATION
A. Vacation Policy
It is the policy of the City that where possible employee vacations be taken
annually in the year earned. The time during the year at which an employee may
take vacation shall be determined by management, with due regard for the
wishes of the employee and particular regard for the service needs of the City.
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B. Vacation Leave Earned and Accumulated
Eligible employees shall earn and accumulate to a maximum vacation leave as
follows:
Months of
Service
Hours
Accumulated Per
Pay Period
Hours
Accumulated Per
Month
Maximum
Accruals
1 — 60"
3.08
6.67
240
61 — 108
4.62
10.00
280
109 — 120
4.92
10.67
288
121 — 132
5.23
11.33
296
133 — 144
5.54
12.00
304
145 — 156
5.85
12.67
312
157 +
6.15
13.33
320
" At completion of 60 months add 40 hours
C. Limitation — Vacation Leave Accrual
Employees shall not be allowed to accrue vacation leave beyond the
stated maximums.
2. No employee shall lose earned vacation leave because of work urgency
as approved by management. Work urgency is defined as the
department's need to have the employee at work to perform duty
assignments for a specified period of time.
3. If an employee has reached the maximum allowed unused vacation leave
balance, and is unable to take vacation leave due to work urgency,
industrial injury, extended medical leave, special or pre -scheduled leave
as authorized by management, and is not eligible to cash out vacation
leave per the provisions of this Section, the Human Resources Director
shall approve a waiver of the maximum allowed unused balance for a
period not to exceed six (6) months per fiscal year.
D. Vacation Leave Accrual for Holidays
When a fixed holiday falls within a scheduled vacation period, absence on that
day shall be charged to holiday hours. An employee must be on paid status on
the day before and after the holiday to be compensated for the holiday.
E. Payment for Unused Vacation Leave Time at Termination
Any employee, who 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.
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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. Vacation Leave — Reinstated/Reemployed Employees
Any employee who is reinstated or reemployed under the provisions of these
rules shall accrue vacation at the same rate as prior to his/her termination.
H. Vacation Leave — New Employees
New employees — Upon completion of six (6) consecutive months of full-time
service, may be credited with one-half of the annual earnings and may begin
using such accrual. Thereafter, employees may use vacation as they complete
each month of service.
III. SICK LEAVE
A. Sick Leave Benefit
1. Sick leave is a benefit and not a right and is to be utilized by employees
who are unable to work because of an injury or illness not arising out of
the course of their employment, except as provided otherwise in this
article.
2. The sick leave benefit should be thought of as an insurance policy; it
insures and protects employees from a loss in wages when they are
unable to work because of an illness or injury.
B. Sick Leave Earned
1. Employees shall accrue ninety-six (96) hours of sick leave per calendar
year.
2. Following completion of thirty (30) calendar days of continuous full-time
service, each City employee shall receive 3.69 hours per pay period of
sick leave pay. Thereafter, for each pay period of service in which the
employee has worked or has been paid for one-half (1/2) or more of the
actual number of working days of such month, he/she shall continue to
accrue 3.69 hours of credit for sick leave with pay.
3. Sick leave may be used by new employees following thirty (30) calendar
days of employment.
4. Unused sick leave may be accumulated without limit.
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C. Reinstatement of Sick Leave
1. Any employee who is reinstated to full-time City employment shall be
given full credit for his/her unused accumulated sick leave at the time of
termination, provided, however, that no payoff for accumulated sick leave
was received upon termination.
2. Upon reemployment, an employee who has separated employment in
good standing will have sick leave time reinstated in amount accumulated
at the time of separation up to a maximum of 320 hours. In the event that
through the course of continued employment accumulated sick leave
exceeds 320 hours, payoff for such excess accumulations shall be in
accordance with the payoff provisions of the program, but in no case shall
the aggregate of such amount(s) exceed that provided by the policy.
D. Sick Leave Annual Payoff Program
The employee Sick Leave Annual Payoff Program shall be administered as
follows:
1. By November of each calendar year, the City will determine the amount of
unused sick leave for each regular employee.
2. Sick leave used by an employee during each calendar year will be
charged against the employee's current year's earnings.
3. The maximum amount of sick leave hours cashed each calendar year at
the employee's hourly rate is sixty (60) hours.
4. Each employee must carry over to a sick leave "bank" a minimum of
thirty-six (36) current year unused hours in December, and may request
cash payment for any hours between thirty-six (36) and seventy-six (76)
current year unused hours or may leave these hours in their sick leave
bank.
5. If thirty-six (36) hours per calendar year of unused sick leave are not
available, the number of unused hours must be carried over to the sick
leave bank.
6. For employees with a minimum of seventy-six hours (76) hours of unused
current year sick leave accrual, all hours above seventy-six (76) to a
maximum of ninety-six (96) hours of the current year's annual sick leave
will automatically be transferred to the employee's RHS account.
7. To qualify for this program, employees shall not be allowed to charge sick
leave to other forms of paid leave.
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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 acrrued. The maximum accrual for determining sick leave payoff upon
termination is 800 hours.
The maximum payout can be illustrated as follows:
Maximum accrual 800
Minimum number of accrued hours - 320
Difference 480
50% of 480, or not to exceed 240 hours, can be cashed out.
F. Use of Sick Leave
Approval
Sick leave can only be granted upon the approval of management or
his/her designee in the case of bona fide illness or injury of the employee
or in the event of the care or attendance of serious illness or death of a
member of the employee's immediate family.
Employees may use sick leave for medical, dental, and vision care
appointments but are encouraged to schedule such appointments that are
non -emergency or routine on regular days off when possible. When
using sick leave for non -emergency medical, dental, and vision care
appointments employees will provide as much advanced notice as
possible to the supervisor and attempt to schedule the appointments at a
time so as to be the least disruptive to the work operations, i.e., at the
beginning or end of the shift.
2. Physician's Certificate on Use of Sick Leave
Management may require evidence in the form of a physician's certificate,
or written statement, for any employee's absence of two (2) or more
consecutive working days for which sick leave was requested. A failure
to supply or provide said certificate or written statement shall be grounds
for denial of sick leave pay and the imposition of such disciplinary action
as may be deemed appropriate.
3. Physical Examination May be Required
Any employee absent from work, due to illness or accident, may be
required by management to submit to and successfully complete a
physical examination before returning to active duty. The physical
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examination will be conducted by a physician of the City's choice, with all
costs to be paid by the City.
G. Use of Sick Leave — Care of Immediate Family
1. No more than forty eight (48) hours of sick leave within any calendar year
may be granted to an employee for the care or attendance upon
members of his/her immediate family.
2. The phrase "immediate family', for the use of sick leave, is defined under
Bereavement Leave, in this Article Five, as grandparent, parent, spouse,
in-laws, child, stepchild, grandchild, brother, or sister.
H. Temporary Disability
1. A City employee who is entitled to temporary disability indemnity under
Div. 4, Div. 4.5 of the State Labor Code may elect to take that number of
days or portions of days of his/her accumulated sick leave, or his/her
accumulated vacation, as when added to his/her disability indemnity will
result in payment to him/her of his/her full salary.
2. When his/her accumulated sick leave, or vacation, or both are exhausted,
he/she is still entitled to receive disability indemnity.
Sick Leave Limitations
No employee shall be entitled to sick leave with pay while absent from duty on
account of the following causes:
Disability arising from sickness or injury purposely self-inflicted or caused
by any of his/her own willful misconduct.
2. Sickness or disability sustained while on leave of absence, other than
regular vacation leave or sick leave.
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.
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K. Holiday During Sick Leave
Observed holidays occurring during sick leave shall not be deducted from
employee's sick leave time.
L. Use of Sick Leave to Offset Disability Retirement
No employee shall use sick leave days to offset the date of disability retirement.
The effective date of disability retirement shall be as soon as practicable after the
City's physician has determined that the employee can no longer perform the
duties of his/her or an alternate position.
M. One time Cash Out of Vacation or Sick Leave in 2014/2015 Fiscal Year
Employees may, on a one-time basis, during the term of this MOU, cash out up
to $600 of unused sick leave or vacation time, from their existing sick leave or
vacation bank, in addition to other cash out options set forth elsewhere in this
MOU.
IV. WORK RELATED DISABILITY LEAVE
A. Injury/Illness Arising Out Of and In The Course of Job Duties
Whenever employees of the City are disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of their duties,
they shall be entitled, regardless of their period of service with the City, to leave
of absence while so disabled, without loss of salary.
B. Temporary Disability Compensation
Temporary disability compensation, if any, being considered as and
credited to salary for this purpose — for the period of such disability, but
not exceeding one (1) year, or until such earlier date as they are
determined to be permanent and stationary and unable to return to their
usual and customary duties. .
2. The leave of absence hereby granted shall be in addition to, and shall not
be charged to or deducted from, accumulated sick leave except as
provided here.
3. Such leave, however, shall not be paid for more than three (3) days
unless and until such employees are determined by the City to be legally
entitled to receive benefits under the Workers' Compensation Law of the
State of California based upon such injury or illness. When and while
applicable, this section shall supersede the provisions of the Grievance
Procedure.
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C. Salary Step Increases During Leave
Relative to unit employees, (1) promotion or step increases which would have
come due during a disability leave shall take effect upon the day the employee
returns to regular duties in accordance with existing rules; (2) holidays occurring
during disability shall not be counted as disability leave days, but shall be
considered as holidays for which time off has been utilized; and (3) vacation and
sick leave benefits shall continue to accrue during periods of industrial disability
leaves.
D. Review of Safety Committee
The first three (3) work days of absence of unit employees due to a disability
shall be charged to the employee's usable accumulation of sick leave or other
time off benefits, provided, however, that the Safety Committee or its sub-
committee, upon request of the employee, shall review the circumstances of the
injury. If the Safety Committee rules that the employee had no possible
opportunity to prevent or reduce the injury through any alternative action,
disability time off charged to the employee's time off benefits may be restored.
Such restorations shall be limited to causes where no danger could have been
anticipated or precautions and actions taken by the employee to prevent or
reduce the injury. Appeal of Safety Committee determinations provided -for in this
section shall be made to the City Manager, whose decision shall be final.
V. BEREAVEMENT LEAVE
Bereavement leave up to forty (40) hours per occurrence will be available to an
employee in the event of the death of said employee's immediate family member, which
is defined as a grandparent, parent, spouse, in-laws, child, stepchild, grandchild, brother,
or sister. If additional bereavement leave is necessary, sick leave may be used as
approved by the Department Head. Evidence or proof may be requested.
VI. MILITARY LEAVE
A. State Military and Veteran's Code
Military leave with pay shall be granted in accordance with Section 395 of the
State Military and Veteran's Code.
B. Inactive Military Service
Any unit employee who is on inactive duty such as scheduled reserve drill
periods, and who has been in the service of the City for a period not less
than one year immediately prior to the day on which the absence begins
shall be entitled to receive his/her salary or compensation as such public
employee for the first thirty (30) calendar days of any such absence.
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2. Pay for such purposes shall not exceed thirty (30) days in any one year of
City service, all service of said public employee in the recognized military
service shall be counted as City service.
3. The City may grant a military leave of absence without pay for an
indefinite period of time to any employee who is called into active military
service even though the employee does not meet the one (1) year of
continuous service requirements.
C. Active Military Service
1. Each full-time officer or employee of the City who has been or is called to
active military service with the Armed Forces of the United States in
connection with the activation of the Military Reserves shall be entitled to
military leave with full pay for the period of absence on military service in
excess of the period covered by said Rule 10, Section 10.26.
2. The amount of pay each such employee shall be entitled to receive from
the City for said additional period of military leave shall be the difference
between the gross pay and allowances actually received by the officer or
employee from the Unites States for such service and the gross wages
that said employee would have received from the City Of West Covina if
he or she had not been called to active military duty, subject to all
necessary and appropriate deductions and withholdings.
3. The City shall also provide continued health and dental benefits to the
employees' dependents, provided that the dependents were covered for
those benefits prior to the employee being called to active duty. Further,
contributions to deferred compensation from the Cafeteria Plan shall not
be made during the time of activation.
4. The City shall not pay any wage or benefit provided for in this resolution
until and unless the officer or employee who requests such payment
provides satisfactory proof and documentation of eligibility to receive
payment in accordance with procedures established by the City Manager.
Vill. JURY DUTY
A. Jury Duty Policy
No deductions shall be made from the salary of an employee while on jury duty if
he/she has waived or remitted to the City the fee for jury duty paid for hours the
employee is scheduled to work. If he/she has not so waived or remitted the jury
fee, he/she shall be paid only for the time actually worked in his/her regular
position. An employee accepted for jury duty shall immediately notify
management in writing whether or not he/she waives or remits his/her jury fee to
the City.
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B. Jury Fees Returned to the City
The City will grant an employee required to serve on jury duty, or to report for
examination to serve on jury duty, one (1) time for a maximum of one hundred
sixty (160) hours, paid leave for such purposes during any three (3) consecutive
years of employment. All fees received by the employee for jury duty, exclusive
of mileage, shall be remitted to the City. City Administrative procedures will
govern further details of this program.
IX. FAMILY CARE LEAVE
A. Birth or Adoption
Leaves due to pregnancy or subsequent to the birth or adoption of a child for
parental care purposes, will be granted for a reasonable period of time by the
City Manager, provided such period, including paid leave and leave without pay,
shall not exceed 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.
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.
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FA
XI.
SPECIAL LEAVE OF ABSENCE WITH PAY
When an employee has exhausted all sick leave and vacation time to which he/she is
entitled, the City Council may, upon showing of good cause and justifiable and deserving
circumstances, grant to such employee a leave of absence with pay for a period not
exceeding six months and subject to such conditions as the City Council may deem
advisable. If temporary disability payments are paid to such employee during any such
leave of absence with pay, they shall be credited to and considered a part of his/her
salary, and the City shall pay only the difference which when added thereto would equal
his/her full salary. The aggregate of all such leave shall not be more than one year.
LEAVES OF ABSENCE WITHOUT PAY
A. Unauthorized Absence — Automatic Termination
Any employee absent from his/her job for more than two (2) working days without
prior permission of the department head, shall be considered to have
automatically terminated his/her employment with the City unless such leave is
extended as approved by management for mitigating circumstance.
B. Unauthorized Absence — Other Disciplinary Action
Any unauthorized absence may be cause for disciplinary action.
C. Authorized Absence
Upon the request of the employee and the recommendation of the
appointing authority, a leave of absence without pay may be granted by
the Council or City Manager to an employee, who immediately preceding
the effective date of such leave, shall have completed at least one year of
continuous service.
2. An employee shall not be entitled to a leave of absence as a matter of
right, but only upon good and sufficient reason.
D. Leave of Absence Without Pay - Duration
Request for leave of absence without pay shall be made as prescribed by
the Human Resources Director, and shall state specifically the reasons
for the request, the date when leave is desired to begin, and the probable
date of return to work.
2. The Human Resources Director may approve the request of leave of
absence without pay, of one hundred twenty (120) calendar days or less
upon the recommendation of Department Head.
The City Manager may approve, upon recommendation of the
Department Head, requests of more than one hundred twenty (120)
calendar days, not to exceed one (1) full year.
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4. The City Manager may later, due to mitigating circumstances, extend
such leave of absence without pay for one (1) additional full year with the
approval of the Department Head.
5. A physician statement shall be required of any employee who requests
leave of absence without pay as a result of medical conditions.
E. Leave of Absence — Employee Injured on Job
The City Council may grant a leave of absence without pay for an indefinite
period of time to any employee who is injured on the job, or has a serious illness
even though the employee does not meet the one-year of continuous service
requirements.
F. Accrual of Benefits
Leave of absence without pay granted by the City shall not be construed as a
break in service of employment, and rights accrued at the time leave is granted
shall be retained by the employee; however, vacation credits, sick leave credits,
increases in salary and other similar benefits shall not accrue to a person granted
such leave during the period of absence. An employee reinstated after leave of
absence without pay shall receive the same step in the salary range he/she
received when he/she began his/her leave of absence. Time spent on such
leave without pay shall not count toward service for increases within the salary
range, and the employee's salary anniversary date shall be set forward one
month for each thirty (30) consecutive days taken.
XII. FAILURE TO RETURN FROM LEAVE
A. Failure of the employee to return to his/her employment upon the termination of
any authorized leave of absence shall constitute an automatic termination from
City service, unless.such leave is extended as approved by management for
mitigating circumstances.
B. The City reserves the right to revoke or cancel any authorized leave for reasons,
which the City finds to be sufficient.
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ARTICLE SIX
GENERAL PROVISIONS
WAIVER PROVISION ON BARGAINING DURING TERM AGREEMENT
Except as specifically provided for in this Agreement or by mutual agreement in writing
during the terms of this Agreement, the Association hereby agree not to seek to
negotiate or bargain with respect to any matters pertaining to rates, wages, hours, and
terms and conditions of employment covered by this Memorandum of Understanding.
During the term of this Agreement, the parties agree to meet and confer regarding
updates to various policies and rules when requested by the City. This will include
meeting and conferring regarding changes to the existing Layoff Policy.
II. EMERGENCY WAIVER PROVISIONS
In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national or local emergency, or similar circumstances
as determined by management, the provisions of this Memorandum of Understanding
which restrict the City's ability to respond to these emergencies shall be suspended for
the duration of such emergency. After the emergency is over, the Associations shall
have the right to meet with the City regarding the impact on employees of the
suspension of these provisions in this Memorandum of Understanding.
Ill. SEVERABILITY PROVISION
A. MOU Remains in Full Force and Effect
Should any article, section, subsection, subdivision, sentence, clause, phrase or
provision of this Memorandum of Understanding be found in conflict or
Inconsistent with such applicable provisions of Federal or State law or otherwise
held to be invalid, unenforceable, inoperative, void, or invalid by a court of
competent jurisdiction, all other provisions of this Memorandum of Understanding
shall remain in full force and effect for the duration of this Memorandum of
Understanding.
B. Successor Provision
In the event any provision shall have been found to be inoperative, void or invalid
as aforementioned, the City and the Association shall, upon the request of either
party, meet and confer in an effort to agree upon a successor provision.
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IV. PROVISIONS OF MEMORANDUM
A. Sole and Entire Memorandum of Understanding
It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and Memorandums of
Understanding, oral or written, expressed or implied, between the parties, and
shall govern their entire relationship of any and all rights or claims which may be
asserted hereunder or otherwise. This Memorandum of Understanding is not
intended to cover any matters preempted by Federal or State law.
B. Personnel and Departmental Rules
It is understood and agreed that there exists within the City, in written
form, Personnel and Departmental Rules.
2. Except as specifically modified by this Memorandum of Understanding
(MOU) these rules and regulations and any subsequent amendments
thereby, shall be in full force and effect.
3. Before any new or subsequent amendments to these Personnel and/or
departmental rules and regulations, which directly affect wages, or
significantly alter hours, and terms and conditions of employment are
implemented, the City shall meet with the Association regarding such
changes.
4. Nothing provided herein shall prevent the City from implementing such
rules and regulations provided it has met with the Association as required.
V. AMENDMENTS TO MEMORANDUM OF UNDERSTANDING
The provisions of this Memorandum of Understanding can be amended, supplemented,
rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by
the designated representatives of.the City and the. Association...
VI. NOTICE OF FUTURE MEET AND CONFER
If the Association desire to meet and confer with representatives of the City of West
Covina concerning improvements or changes in wages, hours, or other conditions of
employment for the employees represented by the Association which would take effect
on or after July 1, 2015 the Association shall serve upon the City Manager a written
request to meet and confer no later than February 1, 2015. Said request shall contain
all of the proposed changes in wages, hours, and conditions of employment proposed by
the Associations to take effect on or after July 1, 2015.
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VII._ RATIFICATION AND IMPLEMENTATION
A. Acknowledgement
The City and Association acknowledge that this Memorandum of Understanding
shall not be in full force and effect until ratified by those Association members
voting who are in classifications requested by each Association set forth in this
Agreement and adopted in the form of a resolution by the City Council.
B. Mutual Recommendation
This Agreement constitutes a mutual recommendation by the parties hereto, to
the City Council, that one or more ordinances and/or resolutions be adopted
accepting its provisions and effecting the changes enumerated herein relating to
wages, hours, fringe benefits, and other terms and conditions of employment for
unit employees represented by the Association.
Vill. RATIFICATION
Subject to the foregoing, this Memorandum of Understanding is hereby ratified by the
authorized representatives of the City and the Association and entered into on this 2nd
day of December 2014.
Vill. TERM OR MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall be for a period of one (1) year,
commencing on July 1, 2014 and terminating after June 30, 2015.
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APPENDIX "A"
CITY OF WEST COVINA
NON -SWORN SAFETY SUPPORT UNIT
The following are those classifications that have been recognized by the City to be assigned to
the Non -Sworn Safety Support Employee Unit:
Non -Sworn Safety MOU 2014-2015
JOB TITLES/CLASSIFICATIONS
Community Services Officer
Jailer
Police Records Clerk I, II
Public Safety Dispatcher
Senior Communications Operator
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APPENDIX "B"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA
AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES ASSOCIATION
REGARDING AGENCY SHOP
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).
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
Dues withheld by the City shall be transmitted to the Association Officer
designated in writing by the Association as the person authorized to receive such
funds, at the address specified.
2. The City shall not be obligated to put into effect any new, changed or
discontinued deduction until a payroll deduction card is submitted to the Finance
Director in sufficient time to permit normal processing of the change or deduction.
3. The City shall not deduct monies specifically earmarked for any political action
committee or any other political activities.
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4. The Association shall be fully responsible for expending funds received under
this Agreement consistent with all legal requirements for expenditures of
employee dues, which are applicable to public sector labor organizations.
V. CONDITION OF CONTINUED EMPLOYMENT
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 a service fee during the term of this Agreement shall
constitute, generally, cause for termination.
2. Whenever a Unit member shall be delinquent in the payment of dues or fees, the
Association shall give the Unit member written notice thereof and fifteen (15)
calendar days to cure the delinquency, a copy of said notice shall be forwarded
to the City's Human Resources Director and Finance Director. In the event the
Unit member fails to cure said delinquency, the Association shall request, in
writing, that the City initiate termination proceedings. The termination
proceedings shall be governed by applicable laws and City's Personnel Rules.
VI. CONSCIENTIOUS OBJECTION
No Unit member shall be required to join the Association or to make a service fee
payment if the Unit member is an actual, verified member of a bona fide religion, body,
or sect which has historically held conscientious objections to joining or financially
supporting employee organizations; this exemption shall not be granted unless and until
such Unit member has verified the specific circumstances. Such employee must,
instead arrange with the Association to satisfy his/her obligation by donating the
equivalent amount to a non -labor, non -religion charitable fund, tax-exempt under Section
501(c)(3) of the Internal Revenue Code (IRC), chosen by the employee, from the
following (1) United Way, (2) Salvation Army, or (3) Red Cross.
VII. ASSOCIATION RESPONSIBILITY—"HUDSON NOTICE"
The Association agrees to provide notice and maintain .constitutionally acceptable
procedures to enable non-member service fee payers to meaningfully challenge the
propriety of the use of service fees as provided for in Chicago Teachers Union, Local
No. 1, AFT, 311TM AFL-CIO et al. v. Hudson, 106 S.Ct. 1066 (1986). Such notice and
procedures shall be provided to non-member service fee payers for each year that the
agency shop agreement is in effect.
Vill. FINANCIAL REPORTING REQUIREMENTS OF THE ASSOCIATION
The Association shall keep an adequate itemized record of its financial transactions and
shall make available annually to the City and, upon request to the employees who are
members of the Association within sixty (60) calendar days after the end of its fiscal
year, a detailed written financial report thereof in the form of a balance sheet and an
operating statement, certified as to its accuracy by its President and Treasurer or
corresponding Principal Officer or by a Certified Public Accountant. A copy of financial
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reports required under or referred to in the Labor -Management Disclosure Act of 1959 or
Government Code Section 3546.5 shall satisfy this requirement.
IX. INDEMNIFICATION
The Association agrees to defend, indemnify and hold harmless the City of West Covina
and its officers and employees from any claim, loss, liability, suits or cause of action of
any nature whatsoever arising out of the operation of this Article. The Association's
indemnity and liability obligation is more fully set forth as follows:
The Association shall defend, indemnify and hold harmless the City of West
Covina and its officers, managers, and employees from any claim, loss, liability,
suits, cause of action of any nature or administrative proceeding arising out of the
operation of this Agreement. Upon commencement of such legal action,
administrative proceeding, or claim, the Association shall have the right to decide
and determine whether any claim, administrative proceeding, liability, suit or
judgment made or brought against the City or its officers and employees because
of any application of this Agreement shall not be compromised, resisted,
defended, tried or appealed. Any such decision on the part of the Association
shall not diminish the Associations defense and indemnification obligations under
the Agreement.
2. The City, immediately upon receipt of notice of such claim, proceeding or legal
action shall inform the Association of such action, provide the Association with all
information, documents, and assistance necessary for Association defense or
settlement of such action and fully cooperate with the Association in providing all
necessary employee witnesses and assistance necessary for said defense. The
cost to any such assistance shall be paid by the Association.
3. The Association upon its compromise or settlement of such action or matter shall
immediately pay the parties to such action all sums due under such settlement or
compromise. The Association upon final order and judgment of a Court of
competent jurisdiction awarding damage or costs to any employee, shall pay all
sums owing under such order and judgment.
X. AGREEMENT RESCINDED BY VOTE OF EMPLOYEE
This Agency Shop Agreement shall be null and void if rescinded by a vote of employees
in the Unit pursuant to Government Code Section 3502.5(b).
XI. EFFECT OF LEGISLATIVE OR JUDICIAL REVISION, REVERSAL OR
INTERPRETATION
In the event that the agency fee provisions contained in Govt. Code Sec. 3502.5 are
reinterpreted, revised or reversed by action of the California Legislature or by Judicial
determinations pursuant to legal challenges, this Agreement shall be revised or nullified
accordingly in whole or in part.
Non -Sworn Safety MOU 2014-2015
ASSOC
CITY
Pf'J
50
PARTIES TO THE AGREEMENT
Non -Sworn Safety Support Employees Association
Represented by the San Bernardino
Publi Employees' As ociation (SBPEA) City of West Covina
Bonnie Clarke, SBPEA Chris Freeland, Deputy City Manager/
Representative -Chief Negotiator Acting Human Resources Director
JadCPoirier, Representative
Non -Sworn Safety Support
Employees'
Association
a%j
Kosette Varg epresentative
Non -Sworn Skfety Support
Employees' Association
Liz Romero, Representative
Non -Sworn Safety Support
Employees' Association
Nun-Soi of n Safety M OU 2014-201 i
Bob Franco
Administrative Services Manager
ASSOC
CITYIC
46
PARTIES TO THE AGREEMENT
Non -Sworn Safety Support Employees Association
Represented by the San Bernardino
Public Employees' Association (SBPEA) City of West Covina
Bonnie Clarke, SBPEA Chris Freeland, Deputy City Manager/
Representative -Chief Negotiator Acting Human Resou es Director
PJirier, Representativeworn Safety Support
Employees' Association
Kose to Vargas, Rep6p,ntative
Non -Sworn Safety Support
Employees' Association
Liz om ro, Representative
Non -Sworn Safety Support
Employees' Association
Non -Scorn Sifw RIOU 2014-201$
0
Bob Franco
Administrative Services Manager
ASSO
CIT)
46
PARTIES TO THE AGREEMENT
Non -Sworn Safety Support Employees Association
Represented by the San Bernardino
YPublicployees' Asso 'ration (SBPEA) City of West Covina
Bonnie Clarke, SBPEA Chris Freeland, Deputy City Manager(
Representative -Chief Negotiator Acting Human Resources Director
Ld _
J n oP irier, Representative Bob Franco
N6n-Sworn Safety Support Administrative Services Manager
Employees' Association
Kosette Vag$, Representative
Non -Savor afety Support
Employees' Association
Liz Romero, Representative
Non -Sworn Safety Support
Employees' Association
Nun -Scorn Saicty MOU 2014-2015
ASSOC�
Crry /C
46