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HomeMy WebLinkAboutCC Item No. 09 07-26-2011CITY OF LADE LSI1`IOI�E L DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 26, 2011 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA LOCAL 777 FOR JULY 1, 2011 TO JUNE 30, 2013 Background The City Council and the employees represented by LIUNA Local 777 have come to an agreement as documented in the attached Memorandum of Understanding (MOU) for the period of July 1, 2011 to June 30, 2013. Discussion The main points of the MOU are as follows: The City proposed a fifty dollar ($50.00) per month increase in the City's health insurance contribution. In lieu of such an increase, each individual represented by the Union, shall receive a one -time payment of five hundred and forty dollars ($540.00) and have a one -time payment of sixty dollars ($60.00) contributed by the City toward the LIUNA pension surcharge fee. A new employee hired after July 1, 2011 shall not be entitled to the above payment, either in full or on a pro -rata basis. Each individual represented by the Union, on the payroll on July 1, 2012, shall receive a one -time payment of five hundred and forty dollars ($540.00) and have a one -time payment of sixty dollars ($60.00) contributed by the City toward the LIUNA pension surcharge fee. A new employee hired after July 1, 2012 shall not be entitled to the above payment, either in full or on a pro -rata basis. AGENDA ITEM NO. 9 Page 1 of 49 MOU 2011 — 2013 July 26, 2011 Page 2 In the Resolution Changing Benefits for Non -Union Represented Employees, for item 1. above, the non -union represented employees would receive a one -time payment of $600 each year with no contribution to the LIUNA pension surcharge since they are not contributing members of the pension plan. 2. Medical Benefits B. Employees hired after July 1, 2011 Effective July 1, 2011 any new hire employee will receive the statutory medical insurance contribution pursuant to Government Code Section 22892. The City will contribute an additional amount to a flexible spending account ( "FSA ") to equal a maximum total of $700.00. Any excess FSA will be deposited into a Health Retirement Account ( "HRA ") established by the City. 3. Retirement A. Employees hired prior to July 1, 2011 Employees will participate in the 2.5% @ 55, single highest year, formula provided by CalPERS. 2. Effective July 1, 2011 each employee shall pay two percent (2 %) of the eight percent (8 %) employee contribution. Effective July 1, 2012 each employee shall pay four percent (4 %) of the eight percent (8 %) employee contribution. B. Employees hired after July 1, 2011 1. Employees will participate in the 2% @ 60, three (3) year average, formula provided by CaIPERS. 2. Each employee shall pay the full seven percent (7 %) employee contribution. Page 2 of 49 MOU 2011 — 2013 July 26, 2011 Page 3 Fiscal Impact The fiscal impact for FY 2011 -2012 of approving the MOU and the side agreement is as follows: One -Time Payment $ 26,460 LIUNA Pension Fee 2,940 PERS Employee 2% (57,868) $ (28,468) This reduction to the fiscal year 2011 -12 adopted budget will be reflected in the first quarter budget adjustment in November 2011. Recommendation It is recommended that the City Council approve the attached Memorandum of Understanding for the period of July 1, 2011 to June 30, 2013. Prepared by: James Riley Director of Administrative Services Approved by: Robert A. Brady City Manager Attachment: Memorandum of Understanding Page 3 of 49 Page 4 of 49 MEMORANDUM OF UNDERSTANDING 2011 -2013 BETWEEN CITY OF LAKE ELSINORE AND UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA LOCAL 777 TABLE OF CONTENTS FaMeN ARTICLE I APPLICATION & RECOGNITION 2 ARTICLE II TERM 3 ARTICLE ill PERSONNEL RULES AND REGULATIONS 3 ARTICLE IV CITY RIGHTS AND RESPONSIBILITIES 4 ARTICLE V COMPOSITION OF BARGAINING UNIT 5 ARTICLE VI COMPENSATION AND BENEFITS 5 ARTICLE VII HOLIDAYS & WORK SCHEDULES 9 ARTICLE VIII CATASTROPHIC LEAVE DONATIONS 11 ARTICLE IX BOOT ALLOWANCE 13 ARTICLE X REOPENER ON "TRANSFERRED" ITEMS AND PERSONNEL RULES 14 ARTICLE XI REOPENER FOR EMPLOYER - EMPLOYEE RELATIONS RESOLUTION 14 ARTICLE XII AGENCY SHOP 14 ARTICLE XIII AFLAC 14 ARTICLE XIV SECTION 125 PLAN 15 ARTICLE XV STANDBY PAY 15 ARTICLE XVI STANDBY VEHICLE 15 ARTICLE XVII TUITION REIMBURSEMENT 19 ARTICLE XVIII SAVINGS CLAUSE 19 ARTICLE XIX GENERAL CONDITIONS 20 ARTICLE XX COMPLETION OF BARGAINING 21 1 Page 5 of 49 The City of Lake Elsinore (hereinafter called the "City" or "Employer ") and the United Public Employees of California, LIUNA, Local 777 (hereinafter called the "Union ") hereby enter into this Memorandum of Understanding ( "MOU ") after meeting and conferring pursuant to Section 3500 et seq of the California Government Code. ARTICLE I APPLICATION AND RECOGNITION This Memorandum of Understanding shall constitute the full agreement as to rights, benefits and working conditions of all the following classifications of employees who are currently or hereafter regularly employed by the City: Account Specialist I Account Specialist II Account Specialist III Accountant I Accounting Supervisor Administrative Assistant Assistant Planner Associate Civil Engineer Associate Planner Building Inspector Chief Mechanic Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Supervisor Community Development Technician Community Services Coordinator Customer Service Specialist Deputy City Clerk Engineering Inspector Engineering NPDES Coordinator Engineering Technician Engineering Technician II Equipment Operator Executive Assistant GIS Data Analyst GIS Technician I Graffiti Technician Information System Analyst Information Technology Supervisor I.T. Technician I I.T. Technician II Lake Operations Supervisor Lead Worker - Facilities Lead Worker - Lake Operations Lead Worker - Parks Lead Worker - Streets Lead Worker - Weed Abatement Maintenance Worker I Maintenance Worker 11 Mechanic Office Specialist I Office Specialist II Office Specialist III Parks & Recreation Analyst Parks Specialist Parks Supervisor Planning Technician Public Works Supervisor Redevelopment Project Analyst Recreation Supervisor Sr. Accountant Sr. Building Inspector Sr. Civil Engineer Sr. Code Enforcement Officer Sr. Planner Copies of the adopted Memorandum of Understanding and City Personnel Rules will be distributed to all employees through a joint publication effort between the City of Lake Elsinore and LIUNA, Local 777. The City agrees to allow for employee Union meetings and minimal use of office equipment with prior approval by the Director of Administrative Services. 2 Page 6 of 49 ARTICLE II TERM This MOU shall apply to Fiscal Years 2011 -2012 and 2012 -2013 with regard to all wages, benefits and other terms and conditions of employment commencing July 1, 2011 and ending June 30, 2013. ARTICLE III PERSONNEL RULES AND REGULATIONS The City and the Union have met and conferred, and agreed upon, new Personnel Rules and Regulations. Those Personal Rules and Regulations were effective upon adoption by the City Council. The following provisions of the June 21, 1999 Personnel Rules and Regulations remain in effect during the term of this MOU (unless otherwise modified in this MOU): Chapter 5, Compensation Section 2 Hours of Work Section 3 Work Schedule Section 4 Hours and Pay Section 6 Overtime Section 7 Stand -by Policy Section 8 Longevity Pay Section 10 Payday & Check Stubs Section 12 Bonus Pay Chapter 6, Benefits Section 1 General Section 2 Uniforms Section 3 Medical & Life Insurance Section 4 Retirement Section 5 Additional Benefits Section 6 Deferred Compensation 3 Page 7 of 49 Chapter 7, Leave Section 1 Holiday Section 2 Vacations Section 3 Sick Leave Section 4 Maternity Leave Section 5 Bereavement Leave Section 6 Industrial Accident Leave Section 7 Jury Duty and Subpoenas Section 8 Military Leave Section 9 Other Leaves Section 10 School Leave The above provisions are attached as Exhibit A and incorporated herein by reference. ARTICLE IV CITY RIGHTS AND RESPONSIBILITIES The City retains, solely and exclusively all the rights, powers and authority exercised or held prior to the execution of the Memorandum of Understanding, except as expressly limited by a specific provision of this Memorandum of Understanding. Without limiting the generality of the foregoing the rights, powers, and authority retained solely and exclusively by City and not abridged herein, include, but are not limited to the following: To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments, and facilities in whole or in part; to layoff employees for lack of work or lack of funds; to direct the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees. To establish reasonable work standards and make reasonable accommodations in employment; to determine schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services and to take whatever action is necessary to prepare for and operate in an emergency, pursuant to City ordinances. In the event that an emergency is declared, the City shall notify the Union within 48 hours of said declaration, providing it with the opportunity to meet and confer over the impact of the emergency upon the existing Memorandum of Understanding. 4 Page 8 of 49 ARTICLE V COMPOSITION OF BARGAINING UNIT The classes of employees represented by this Agreement along with related grades and salary ranges are reflected in Exhibit B -1. ARTICLE VI COMPENSATION & BENEFITS A. CLASSES AND RANGES The classes of employees and related grades and salary ranges for employees for the term of this agreement shall be set forth in Exhibit B -1, attached hereto. B. COMPENSATION ADJUSTMENTS 1. The City has proposed a forty -five dollar ($45.00) per month increase in the City's health insurance contribution. In lieu of such an increase, each individual represented by the Union, on the payroll on July 1, 2011, shall receive a one -time payment of five hundred and forty dollars ($540.00). Any employee who separates employment prior to July 1, 2012 shall have deducted from his /her final paycheck a pro rata share of the above payment for the months not employed (i.e. an employee separating on April 1, 2012 would have a deduction equivalent to 25% of $540.00 [$135.00]). A new employee hired after July 1, 2011 shall not be entitled to the above payment, either in full or on a pro -rata basis. Each individual represented by the Union, on the payroll on July 1, 2012, shall receive a one -time payment of five hundred and forty dollars ($540.00). Any employee who separates prior to July 1, 2013 shall have deducted from his /her final paycheck a pro rata share of the above payment for the months not employed (i.e. an employee separating on April 1, 2013 would have a deduction equivalent to 25% of $540.00 [$135.00]). A new employee hired after July 1, 2012 shall not be entitled to the above payment, either in full or on a pro -rata basis. 5 Page 9 of 49 2. Medical Benefits A. Employees hired prior to July 1, 2011 The City shall pay a maximum of one thousand, two hundred dollars ($1200.00) towards an employee's monthly health insurance premium for the employee and their dependants. Any employee eligible for Medicare coverage shall designate Medicare as his /her primary insurance coverage. B. Employees hired after July 1, 2011 Effective July 1, 2011 any new hire employee will receive the statutory medical insurance contribution pursuant to Government Code Section 22892. The City will contribute an additional amount to a flexible spending account ( "FSA ") to equal a maximum total of $700.00. Any excess FSA will be deposited into a Health Retirement Account ( "HRA ") established by the City. Any employee eligible for Medicare coverage shall designate Medicare as his /her primary insurance coverage. 3. LIUNA Pension Plan Effective December 1, 1996, all eligible union members were enrolled in the LIUNA Pension Plan. The City will deduct $.30 per hour of regular work up to a forty (40) hours per week maximum for each covered employee. Also, as noted in Article VI. B1., during fiscal years 2011 -2012 and 2012 -2013, sixty dollars ($60.00) will be contributed by the City toward the LIUNA pension surcharge fee. 4. Bilingual Pay The City agrees to an annual Bilingual Pay bonus of $600 to qualified employees payable at the end of each fiscal year. Qualified employees will have been tested for bilingual ability and have agreed to provide bilingual services in the course of their employment. C. INSURANCE & BENEFITS 1. Life Page 10 of 49 The City agrees to maintain the group life insurance policy for all regular employees in the amount of $25,000 unless a higher amount for a given class is specified. 2. Health & Dental a) The City will remain in the medical coverage program offered by the Public Employees' Retirement System of the State of California (CalPERS). Each employee may choose any one of the plans offered by CalPERS and available in Riverside County. Any employee eligible for Medicare coverage shall designate Medicare as his /her primary insurance coverage. b) Dental coverage will be maintained at the same or equivalent level of benefit for the term of this agreement. The City's Dental Plan will be provided by Standard Insurance Company. 1) Active and retiree coverage. The parties agree that issues such as administration of benefits, eligibility and level of benefits are a matter of coverage between the insured and the carrier and are not subject to the dispute resolution machinery of the Grievance Procedure. 2) Policies and benefits therein are subject to change by the carrier, by marketplace, by CalPERS Regulations or other intervening regulations or law. In the event of such change the City shall not be required to maintain any benefit or benefit level other than that contained in mutually agreed to carrier policies. c) Vision coverage will be maintained at the same or equivalent level of benefit for the term of this agreement. 3. Retirement 0 Employees hired prior to July 1, 2011 1. Employees will participate in the 2.5% @ 55, single highest year, formula provided by CalPERS. 2. Effective July 1, 2011 each employee shall pay two percent (2 %) of the eight percent (8 %) employee contribution. Effective July 1, 2012 each employee shall pay four percent ON of the eight percent (8 %) employee contribution. 7 Page 11 of 49 B. Employees hired after July 1, 2011 Employees will participate in the 2% @ 60, three (3) year average, formula provided by CalPERS. 2. Each employee shall pay the full seven percent (7 %) employee contribution. 4. Social Security The City is recognized by the Social Security Administration as an eligible employer and as such the City and its employees must make appropriate contributions as determined by the Social Security Administration. 5. Deferred Compensation The City will continue to provide a deferred compensation program that appropriately interfaces with the CalPERS program. Said program shall be considered voluntary in nature. 6. Holidays The City Holiday schedule shall remain as set forth in Article VII herein. 7. Training The City will continue to make provisions for and provide materials and instructors for employees in the areas of Sexual Harassment Prevention, Customer Service, Public Liability and CPR or First -Aid Certification. 8. Recall If an employee is called back within one year of layoff they will receive the same pay and benefits as if rehired to the same position. Page 12 of 49 9. Direct Deposit of Payroll Checks The City will implement this process for all employees hired after July 1, 2004. Existing employees may voluntarily agree to participate. 10. Health & Safety Committee The City agrees to establish a Health and Safety Committee including general employees, management employees, the LIUNA representative and the Director of Administrative Services (or his /her designate). E. PUBLIC CONTACT The City Administration has implemented a program limiting public access hours to 8 a.m. to 5 p.m., Monday through Friday, in conjunction with the 9/80 program implementation. ARTICLE VII HOLIDAYS & WORK SCHEDULE A. HOLIDAYS The following Holidays will be observed, or as adjusted by advance resolution, to meet business needs: 1. January 1 New Year's Day 2. Third Monday in January Martin Luther King Jr. Day 3. Third Monday in February President's Day 4. Last Monday in May Memorial Day 5. July 4 Independence Day 6. First Monday in September Labor Day 7. Second Monday in October Columbus Day 8. November 11 Veteran's Day 9. Fourth Thursday in November Thanksgiving Day 10. Friday after Thanksgiving Day after Thanksgiving 11. December 25 Christmas Day 12. Floating Holiday Employee Designation 13. The City also observes a full work day before Christmas as a holiday for one half of the employees and a full work day before New Year's for the other half of the employees, with the provision that the Department Director may have to decide which employees get which day, based on the departmental needs and requirements. 9 Page 13 of 49 B. WORK SCHEDULE 1. 9/80 Plan The City and Union agree to adopt the so called 9 -80 plan, whereby on a departmental basis, as approved by the City Manager, unit employees shall be scheduled to work on a regular work schedule of nine(9) days of ten(10) normal work days each during the two week work period (80 hours). Usually employees working thusly shall work 36 hours in one calendar week and 44 in another, although this may vary. EXAMPLE: For Employees scheduled under this section, overtime shall be paid for time worked in excess of forty (40) hours in a City designated work period. The work period shall be established for each individual employee so that Forty (40) hours or actual work is within each designated seven (7) day work period. Vacation leave and sick leave shall be taken in keeping with established policy and assessed on an hourly basis. Holidays shall continue to be observed on a daily basis. When a holiday falls on a Friday on which no work is scheduled under the City's 9/80 plan, employees will be given an additional floating holiday. 2. Schedule Changes The City will make its best efforts to notify employees of changes in work schedule two weeks in advance. 10 Page 14 of 49 ARTICLE Vlll CATASTROPHIC LEAVE DONATIONS A. Definition of catastrophic illness or injury. Catastrophic illness or injury is a severe illness or injury which is expected to incapacitate the employee for an extended period of time and which creates a financial hardship because the employee has exhausted all accumulated leave. Catastrophic illness or injury is further defined as a debilitating illness or injury of an immediate family member (i.e., the spouse, son, daughter, step -son, step- daughter, foster -son, foster - daughter, parents, grandparents, brother or sister of the employee or any other person living in the immediate household of the employee) that results in the employee being required to take time off from work for an extended period to care for the family member creating a financial hardship because the employee has exhausted all accumulated leave. B. Conditions and procedures under which a Time -Bank for catastrophic illness /injury may be established. 1. Only the City Manager, upon concurrence from the Administrative Services Director, may request establishment of a Time -Bank for an employee within the department who is suffering a financial hardship due to a catastrophic illness or injury. 2. When the City Manager has determined that an employee would benefit from the establishment of a Time -Bank, the Department Head will contact the employee to determine if the employee desires to participate in a Time -Bank program. If the employee desires to participate in the Time - Bank program, the Department Head will contact the City Manager and recommend the establishment of the program. 3. The Time -Bank will be established on behalf of an individual employee. The bank will accept donations of leave from one or more donors. 4. The Time -Bank will be operated by the Administrative Services Department. The Department Head will take actions to help ensure that individual employee decisions to donate or not donate to a Time -Bank are kept confidential and that employees are not pressured to participate. 5. On establishing a Time -Bank program, the Administrative Services Department should ensure that only credits that are necessary are donated. All donations are not retrievable. 11 Page 15 of 49 C. Conditions under which leave credits may be donated to a Time -Bank. 1. Any City employee may donate vacation or compensatory time. Sick leave may not be donated. 2. Donations of vacation or compensatory time must be in increments of 8 hours or more and drawn from one bank only. 3. The donation of leave hours is irreversible. Should the person receiving the donation not use all donated leave for the catastrophic illness /injury, any balance will remain with that person or will be converted to cash upon that person's separation. 4. An employee may not donate leave hours which would reduce their accrued total leave balances of vacation and compensatory time to less than 80 hours. 5. Donated leave shall be changed to its cash value and then credited to the recipient in equivalent hours at the recipient's base hourly rate. 6. Employees will use a provided form to submit donations directly to the Administrative Services Department. Adjustment to donors and recipient's paid leave balances will be made. D. Conditions under which leave credits in a Time -Bank may be used. 1. Only the employee for whom the Time -Bank has been established may receive leave credits from the Time -Bank. Such leave credits shall be added to the employee's vacation balance. 2. The affected employees will provide verification of their (or immediate family member's) illness or injury on an Attending Physician's Statement to Support Leave or Return from Leave while using time donated under this program. 3. The use of donated credits shall be for a maximum of twelve (12) continuous months for any one catastrophic illness. 12 Page 16 of 49 ARTICLE IX BOOT ALLOWANCE The following classifications shall be reimbursed an annual boot allowance of a maximum of one hundred and fifty dollars ($150.00) per fiscal year: Associate Civil Engineer Building Inspector Chief Mechanic Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Supervisor Engineering Inspector Equipment Operator Graffiti Technician Lake Operations Supervisor Lead Worker- Facilities Lead Worker- Lake Operations Lead Worker— Parks Lead Worker- Stadium Operations Lead Worker- Street Operations Lead Worker- Weed Abatement Maintenance Worker I Maintenance Worker II Mechanic Parks Specialist Parks Supervisor Public Works Supervisor Senior Building Inspector 13 Page 17 of 49 ARTICLE X REOPENER ON "TRANSFERRED" ITEMS AND PERSONNEL RULES During the term of this MOU, the parties agree to reopen the MOU to meet and confer on the items "transferred" from the June 21, 1999 Personnel Rules and Regulations, set forth in Article III. ARTICLE XI REOPENER FOR EMPLOYER - EMPLOYEE RELATIONS RESOLUTION During the term of this MOU, the parties agree to reopen the MOU to meet and confer on implementation of an Employer - Employee Relations Resolution. ARTICLE XII AGENCY SHOP The "Agency Shop Side Letter of Agreement" is attached as Exhibit C and is incorporated herein by reference. ARTICLE XIII AFLAC The City agrees to provide a voluntary payroll deduction for employees to purchase AFLAC insurance sponsored by the Union. The City shall make no contribution toward the purchase of such insurance. 14 Page 18 of 49 ARTICLE XIV SECTION 125 PLAN The City has established a voluntary Section 125 Plan pursuant to the regulations of the Internal Revenue Service. The selection of the third party plan administrator shall be the sole discretion of the City. Employer related administrative costs shall be borne by the City. Employee related administrative costs shall be borne by the individually enrolled employee. ARTICLE XV STANDBY PAY Chapter 5, Section 7 (Stand -by Policy) in attached Exhibit A shall be modified as follows: B. Duty Requirements - Employees on a stand -by status shall be required, at all times, to carry a functioning City- issued cell phone, pager, voice mail device and be able to respond to calls within 30 minutes of being paged. In addition, employees are expected to maintain a state of mental alertness and physical dexterity similar to that which is required for the performance of their regular duties. A stand -by assignment shall be for seven (7) consecutive calendar days starting on Friday at the end of the normal work shift. C. Compensation - In any situation where an employee has been in a designated stand -by status and is to remain on -call, then the employee shall be compensated at a rate of $175.00 for each seven day stand -by period. 15 Page 19 of 49 ARTICLE XVI STANDBY VEHICLE The City will provide a "take- home" City vehicle for the employee(s) assigned standby. Such employee(s) shall be subject to the following policy: This policy applies to all employees required or authorized to operate a vehicle owned or leased by the City. For the purpose of this policy, "home" shall mean an employee's personal residence, or any other residence where an employee spends the night. POLICY Vehicles are made available to City employees to facilitate the conduct of City business. These vehicles shall be used only for authorized City business and shall be operated only by City employees possessing valid California driver's licenses of the appropriate class for the vehicle. A. Authorized Use of City Vehicles includes the following: 1. Transporting employees to and from the job site or otherwise facilitating job- related duties. 2. Transporting non -City employees in the course of authorized business (i.e., field checking a site with a contractor, engineer, vendor, or other interested party). This may also include transportation to lunch or other meal, if authorized by the Department Head. 3. Attending an authorized meeting on official business. 4. Driving a City vehicle to lunch or other meal if that vehicle is your normal transportation to and from work if authorized by the employee's Department Head. 5. Any use justified by emergency or extraordinary circumstances which is reported to the employee's supervisor immediately following the emergency. B. Unauthorized Use 1. The City does not authorize the use of its vehicles whether for "take home" purposes, or in conjunction with performing assigned duties, or both, for the following purposes: 16 Page 20 of 49 a) City vehicles are not to be used for personal business. b) Transporting non -City employees, whether or not en route to an authorized destination, i.e., dropping a child off at school, or giving a neighbor a ride to work. 2. In the event of an accident or injury during unauthorized use, the City shall not provide coverage, nor defend and indemnify the employee's actions for property damage or resulting injuries. TAKING HOME CITY VEHICLES By authorizing employees to take home City vehicles, the City assumes the daily cost of that employee's commuting expense. Unless the authorization to use a City vehicle confers a benefit to the City and is in the City's best interests, requests to take City vehicles home will not be approved. Use of a City vehicle for commuting will be reported as income to the Internal Revenue Service, in accordance with applicable rules. A. Vehicle "Take Home" Criteria: One of the following criteria must be met before an employee will be given permission to routinely take a vehicle home: a) The employee's duties involve emergency work, and the employee is regularly on call, or the employee has special equipment or a specially equipped vehicle. b) The employee's duties require special equipment or a specially equipped vehicle, and the employee has an assignment that requires regular and frequent field work during off -duty hours. 2. The one -way commute distance from the employee's home shall not exceed thirty (30) miles or thirty (30) minutes from the City limits. A waiver of this condition may be permitted; see Exceptions to Policy Requirements outlined in this policy. B. Occasional Overnight Use of City Vehicles: On rare occasions, there may be a need for an employee not authorized to regularly drive a vehicle home to keep a pool car or assigned vehicle overnight. Permission to use a City vehicle overnight (e.g., to take it home) shall be obtained from the Department Head prior to use. Any employee authorized to use a City vehicle overnight shall comply with all of the regulations set forth herein. 17 Page 21 of 49 C. Storage. Safety and Return of "Take Home" Vehicles: Any employee authorized to keep a City vehicle overnight shall comply with the following regulations in addition to all other applicable regulations contained in this policy: 1. Parking (preferably covered) must be provided at the employee's residence, and the vehicle must be parked overnight off the street. 2. Employees are expected to take all necessary precautions to ensure the safety of their assigned vehicle while it is parked at their home. 3. Employees must make arrangements to return their assigned vehicle(s) to the proper City premises before departing on vacation or extended absence unless the employee's Department Head deems otherwise. REVIEW OF "TAKE HOME" AUTHORIZATION Each department shall submit to the City Manager a list of employees authorized to take home City vehicles. This report shall include the employee's name, job classification, vehicle number and type, and the one -way distance from the employee's residence to his /her job site. Department Head approval is required to authorize assigning a "take home" vehicle to a new employee. The City Manager shall receive an updated report any time there is a change in vehicle assignments. EXCEPTIONS TO POLICY REQUIREMENTS Permission to deviate from this policy requires the approval of the Department Head and the City Manager. All such requests and authorizations shall be in writing. is Page 22 of 49 ARTICLE XVII TUITION REIMBURSEMENT Section 18 (13)(5) of Resolution No. 2006 -73, adopted May 23, 2006, shall be amended as follows: Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California. An employee shall not receive reimbursement in excess of Three Thousand Two Hundred and Fifty Dollars ($3,250.00). Any employee who leaves City employment within twelve (12) months of receiving tuition reimbursement shall refund to the City the amount of such tuition reimbursement. Such refund may be deducted from the employee's final paycheck. ARTICLE XXIII SAVINGS CLAUSE Should any provision of this agreement, or any application thereof, be unlawful by virtue of any Federal, State or Local laws and regulations, such provision of this Agreement shall be effective and implemented only to the extent permitted by such laws and regulations. As to all other respects, the provisions of this Agreement shall continue in full force and effect for the life thereof. 19 Page 23 of 49 ARTICLE XIX GENERAL CONDITIONS 1. During the term of this Agreement, neither the Union or its agents or any Bargaining Unit Employee, for any reason, will authorize, institute, aid, condone or engage in a work slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the City. 2. United Public Employees of California, LIUNA, Local 777, agrees to notify all of its officers, stewards, and staff of their obligation and responsibility for maintaining compliance with this Section, including the responsibility to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating this Section to return to work. B. NON- DISCRIMINATION The City and Union agree that neither party will illegally discriminate or cause the other to discriminate against any employee on the basis of age, sex, race, religious creed, color, national origin, ancestry, marital status, physical or mental disability, sexual orientation, or political affiliation, and agree to take such action as necessary to assure that this purpose is achieved. 2. Alleged violations of this Section shall not be grievable under the grievance procedure contained herein. 20 Page 24 of 49 ARTICLE XX COMPLETION OF BARGAINING With the exception of the limited reopeners provided within this Agreement the Union and the City, for the life of this Memorandum, voluntarily and unqualifiedly waive and relinquish the right to meet and confer, and agree that neither party shall be obligated to meet and confer with respect to any subject or matter not specifically referred to or covered in this Memorandum, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated and signed this Memorandum. Date: Dated: Dated: Date: ON BEHALF OF THE CITY OF LAKE ELSINORE Robert Brady, City Manager APPROVED AS TO LEGAL FORM Steve A. Filarsky City Labor Relations Counsel ON BEHALF OF UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA, LOCAL 777 Tobian Soto, Union President and Kathie Delgado, Representative 21 Page 25 of 49 CITY OF LAKE ELSINORE MOU 2011 — 2013 / EXHIBIT A PERSONNEL RULES AND REGULATIONS- JUNE 21, 1999 COMPENSATION, BENEFITS AND LEAVES CHAPTER 5- COMPENSATION Section 1- Plan 13 Section 2- Hours of Work 13 Section 3- Work Schedule 13 Section 4- Hours & Pay 14 Section 5- Salary Steps 14 Section 6- Overtime 15 Section 7- Stand -by Policy 16 Section 8- Longevity Pay 17 Section 9- Exempt Employees 17 Section 10- Pay Day & Check Stubs 18 Section 11- Temporary Upgrade 18 Section 12- Bonus Pay 18 CHAPTER 6- BENEFITS Section 1- General 19 Section 2- Uniforms 19 Section 3- Medical and Life Insurance 19 Section 4- Retirement 19 Section 5- Additional Benefits 19 Section 6- Deferred Compensation 20 CHAPTER 7- LEAVES Section 1- Holidays 21 Section 2- Vacation 22 Section 3- Sick Leave 23 Section 4- Maternity Leave 25 Section 5- Bereavement Leave 25 Section 6- Industrial Accident Leave 25 Section 7- Jury Duty and Subpoenas 25 Section 8- Military Leave 2 Section 9- Other Leave 26 Section 10- School Leave 26 Page 26 of 49 CITY OF LAKE ELSINORE MOU 2011 -2013 / EXHIBIT B -1 SALARY RANGE / STEP SCHEDULE Account Specialist 1 28 14.9928 15.7427 16.5295 17.3562 18.2239 Account Specialist II 34 17.2421 18.1042 19.0095 19.9600 20.9580 Account Specialist III 39 19.8286 20.8200 21.8611 22.9542 24.1019 Accountant 1 44 22.6106 23.7412 24.9284 26.1746 27.4834 Accounting Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Administrative Assistant 44 22.6106 23.7412 24.9284 26.1746 27.4834 Assistant Planner 51 26.6946 28.0295 29.4309 30.9026 32.4476 Associate Civil Engineer 59 31.9567 33.5546 35.2323 36.9938 38.8437 Associate Planner 57 30.4221 31.9433 33.5404 35.2175 36.9783 Building Inspector 49 25.4338 26.7056 28.0410 29.4431 30.9153 Chief Mechanic 57 30.4221 31.9433 33.5404 35.2175 36.9783 Code Enforcement Officer 1 41 20.7816 21.8207 22.9117 24.0575 25.2603 Code Enforcement Officer 11 47 24.0724 25.2763 26.5402 27.8670 29.2604 Code Enforcement Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Community Development Technician 44 22.6106 23.7412 24.9284 26.1746 27.4834 Community Services Coordinator 47 24.0724 25.2763 26.5402 27.8670 29.2604 Customer Service Specialist 29 15.3361 16.1030 16.9081 17.7535 18.6412 Deputy City Clerk 57 30.4221 31.9433 33.5404 35.2175 36.9783 Engineering Inspector 59 31.9567 33.5546 35.2323 36.9938 38.8437 Engineering Technician 44 22.6106 23.7412 24.9284 26.1746 27.4834 Engineering Technician II 49 25.4338 26.7056 28.0410 29.4431 30.9153 Engineering/ NPDES Coordinator 52 27.3316 28.6982 30.1332 31.6397 33.2218 Equipment Operator 44 22.6106 23.7412 24.9284 26.1746 27.4834 Executive Assistant 47 24.0724 25.2763 26.5402 27.8670 29.2604 GIS Data Analyst 57 30.4221 31.9433 33.5404 35.2175 36.9783 GIS Technician 1 36 18.3311 19.2478 20.2101 21.2208 22.2818 Graffiti Technician 36 18.3311 19.2478 20.2101 21.2208 22.2818 I.T. Technician 1 44 22.6106 23.7412 24.9284 26.1746 27.4834 I.T. Technician 11 49 25.4338 26.7056 28.0410 29.4431 30.9153 Information System Analyst 65 37.6213 39.5024 41.4776 43.5513 45.7288 Information Tech Supervisor 69 41.7405 43.8279 46.0200 48.3195 50.7355 Lake Operations Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Lead Worker- Facilities 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Lake Operations 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Parks 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Street Operations 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Weed Abatement 46 23.9660 25.1644 26.4227 27.7439 29.1309 Maintenance Worker 1 30 16.0051 16.8053 17.6455 18.5277 19.4541 Maintenance Worker II 36 18.3311 19.2478 20.2101 21.2208 22.2818 Mechanic 36 18.3311 19.2478 20.2101 21.2208 22.2818 Office Specialist 1 23 13.3356 14.0022 14.7024 15.4376 16.2096 Office Specialist II 29 15.3361 16.1030 16.9081 17.7535 18.6412 Office Specialist 111 39 19.8286 20.8200 21.8611 22.9542 24.1019 Parks & Recreation Analyst 57 30.4221 31.9433 33.5404 35.2175 36.9783 Parks Specialist 44 22.6106 23.7412 24.9284 26.1746 27.4834 Parks Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Planning Technician 36 18.3311 19.2478 20.2101 21.2208 22.2818 Public Works Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Page 27 of 49 Recreation Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Redevelopment Project Analyst 60 32.7142 34.3502 36.0675 37.8708 39.7645 Senior Accountant 55 29.2422 30.7041 32.2398 33.8516 35.5443 Senior Building Inspector 58 31.7912 33.3804 35.0496 36.8021 38.6421 Senior Planner 64 36.5914 38.4211 40.3419 42.3592 44.4769 Page 28 of 49 CITY OF LAKE ELSINORE MOU 2011— 2813 1 EXHIBIT A PERSONNEL RULES AND REGULATIONS- JUNE 21, 1999 COMPENSATION, BENEFITS AND LEAVES CHAPTER 5- COMPENSATION Section 1- Plan 13 Section 2- Hours of Work 13 Section 3- Work Schedule 13 Section 4- Hours & Pay 14 Section 5- Salary Steps 14 Section 6- Overtime 15 Section 7- Stand -by Policy 16 Section 8- Longevity Pay 17 Section 9- Exempt Employees 17 Section 10- Pay Day & Check Stubs 18 Section 11- Temporary Upgrade 18 Section 12- Bonus Pay 18 CHAPTER 6- BENEFITS Section 1- General 19 Section 2- Uniforms 19 Section 3- Medical and Life Insurance 19 Section 4- Retirement 19 Section 5- Additional Benefits 19 Section 6- Deferred Compensation 20 CHAPTER 7- LEAVES Section 1- Holidays 21 Section 2- Vacation 22 Section 3- Sick Leave 23 Section 4- Maternity Leave 25 Section 5- Bereavement Leave 25 Section 6- Industrial Accident Leave 25 Section 7- Jury Duty and Subpoenas 25 Section 8- Military Leave 26 Section 9- Other Leave 26 Section 10- School Leave 26 Page 29 of 49 CHAPTER 5 - COMPENSATION SECTION 1. Plan An employee compensation plan has been established to provide salary schedules, salary rates, salary ranges and steps and time intervals for salary review. Each position in the plan shall be assigned a salary range or rate. All persons employed by the City shall be compensated in accordance with the compensation plan then in effect as set forth in Exhibits "A" and `B" of the current Memorandum of Understanding. The Personnel Officer shall from time to time, review the compensation plan and the compensation ranges established for some or all of the classes set forth in the classification plan and may recommend changes thereto. In arriving at recommended salary rates or ranges, consideration may be given to such factors as: prevailing rates of pay and of working conditions for similar work in other public agencies and in private employment, to current costs of living to suggestions of Department Heads and to the City's financial condition and policies. Prior to any such recommendation, the Personnel Officer and Representatives of employee organizations which are recognized for purposes of meeting and conferring/consulting, shall meet -and- confer /consult in good faith to endeavor to reach agreement on matters concerning wages, hours, and other terms and conditions or employment in classifications represented by such employee organizations. The compensation plan adopted as a part hereof may, from time to time, be amended by action of the City Council. Affected employee organizations shall be given prior notice of amendments and revisions, in accordance with State Law. SECTION 2. Hours of Work The work period shall be defined as a fixed and regularly recurring period of 168 hours or 7 consecutive 24 -hour days. This period starts at 12:01 A.M., Saturday, and ends at 12:00 P.M. Midnight on Friday. The work day shall be defined as any fraction of the work period above that when calculated or added together, totals 40 hours per work period. Employees required by the nature of their job to work a period of time greater than that defined herein, shall be compensated for hours in excess of the full-time work week on the basis of, and in accordance with, the provisions set forth herein relating to overtime, unless otherwise provided for herein or by the law. SECTION 3. Work Schedule Department Heads shall designate working schedules for the employees of their appropriate departments to carry out work of the Department. The Department Heads may alter the schedule from time to time as the needs of the department may require. The City will make its best efforts to provide employees with notification of changes in work schedule two weeks 13 Page 30 of 49 in advance. The Department Head shall report in writing to the City Manager any work schedules put into effect and any changes made thereto; such changes must be in keeping with the intent of any employer - employee agreement which has been approved by the City Council. SECTION 4. Hours and Pay Employees shall be paid on the basis of the hourly rates set forth in the most current Memorandum of Understanding, based upon actual hours worked. The pay period shall be a regularly recurring period of 336 hours, or 14 consecutive 24 -hour days. Exempt employees are compensated on the basis of professional expectancies and not upon hours worked. They are expected to devote sufficient time to their duties to complete tasks at superior levels of performance and be accountable to the City and public for their activities. SECTION 5. Salary Slug Salary steps comprising the hourly salary range for all positions shall be in accordance with the current Memorandum of Understanding Salary Schedule. Salary step advancements shall be granted upon approval of the Department Head (or the City Council in the case of the City Manager) for continued meritorious and efficient service and continued improvement by the employee in the efficient performance of the duties of his/her position. Employees shall be eligible for consideration for salary step advancement as follows: A. To the `B" Step of the salary range or, in those cases where an employee is hired at a step above "A" Step, to the next higher step in the salary range upon completion of the probationary period and acceptance to regular status as defined in Chapter 2 of these rules. B. To the next step of the salary range in one year upon recognition of meritorious and efficient service, by the Department Head. Review and evaluation of said service shall be in writing, discussed with the employee and signed in the presence of the Personnel Officer or his/her designee and a copy given immediately to the employee. C. In case of a promotion, the employee shall be entitled to a minimum of a 5% increase if such increase will not result in a salary rate in excess of the regular top step of the class to which he/she is promot#-d. The employee's new anniversary date shall be the date of said promotion and the date upon which future merit raises will be based. In those cases approved by the Department Head and the Personnel Officer wherein an employee demonstrates exceptional ability and proficiency in the performance of 14 Page 31 of 49 his/her duties, said employee may be granted a special salary step advancement to the next higher regular step in the salary range without regard to the above minimum length of service provisions. An employee who is being paid on a salary step higher than the "A" Step, may be reduced by one or more steps on the basis of unsatisfactory work performance or conduct. Such an action to reduce the employee's salary to a lower step, shall only be made in conjunction with disciplinary action taken pursuant to the provisions set forth herein. An incumbent employee reclassified from his/her position to a lower job class, shall retain his/her rate of pay and anniversary date for purposes of merit pay increases, or shall be placed on a regular step of the lower salary schedule closest to their rate of pay. If the `B" Step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, the rate of pay shall be identified as the "Y" Step of the lower salary schedule. An employee compensated at the "Y" Step because of downward reclassification shall remain in the "Y" Step until such time as his/her job class is assigned to a salary schedule in which the "E" Step is equivalent to or higher than the "Y" Step, at which time the employee shall be placed in the "E" Step. An incumbent employee reclassified with his/her position to an equivalent job class, shall retain his/her rate of pay and anniversary date for purposes of merit pay increases. SECTION 6. Overtime Subject to approval by the City Manager and to the following provisions, a Department Head may prescribe reasonable periods of overtime to meet the operational needs of their department. Overtime is defined as hours worked by any employee subject to the provisions of the Fair Labor Standards Act in excess of forty (40) hours worked in one (1) week or 80 hours in a two week pay period, where a 9/80 schedule is in place. Said non- exempt employees shall receive additional compensation for overtime in accordance with the following provisions: A. Non - exempt employees shall be compensated at one and one -half times their regular hourly rate for all overtime hours worked in excess of 40 hours paid in a week. Hours of unpaid leave shall not be considered "hours worked" in determining eligibility for time and one -half compensation. B. In lieu of monetary compensation for overtime hours worked in excess of 40, non - exempt employees may elect to receive compensatory time off at a rate not less than one and one -half hours for each hour of overtime. An employee who works in a public safety activity, emergency response activity, or a seasonal activity may accrue no more than 480 hours of compensatory time. All other non - exempt employees may accrue no more than 240 hours of compensatory time. All overtime 15 Page 32 of 49 in excess of these maximum accruals will be compensated in cash only. An employee with accrued compensatory time shall be permitted to use such time within a reasonable period after making the request if the use does not unduly disrupt the operations of the City. Upon termination, any accrued and unused compensatory time will be paid at the rate that is not less than (1) the average regular rate received by the employee during the last three years of the employee's employment, or (2) the final regular rate of the employee, whichever is higher. C. Any City recognized holiday worked shall be paid at the rate of one and one -half times the regular hourly rate plus nine (9) hours pay for said holiday, unless the holiday was a scheduled eight (8) hour day. D. A minimum of two (2) hours pay at time and one -half shall be paid to any employee who is called back to work during non - regularly scheduled work hours. Call back time worked beyond two (2) hours will be paid at time and one -half. This section shall not be interpreted as requiring a minimum payment of two (2) hours when an employee's work shift is extended or he/she is called in early to work his/her shift. If an employee is called to perform City work during non - regularly scheduled work hours, which work is handled over the telephone and does not require the employee's physical presence at the job site, the employee will be compensated for such telephone calls in fifteen (15) minute increments. For example, an employee who is required to spend up to 15 minutes on the telephone performing City work during non- regularly scheduled work hours will be paid for 15 minutes work; an employee who spends between 16 and 30•minutes on the telephone will be paid for thirty (30) minutes work, etc. E. Recognized holidays, legitimate sick leave days and approved vacation days will be calculated as time worked in computing overtime. SECTION 7. Stand -by Policy A. Duty Sign up - The Department Director shall designate the minimum standards qualifying an individual to perform a stand -by function. The department will first seek stand -by individuals by means of a voluntary sign up list. If fewer than two employees volunteer for stand -by duty, then the Department Director shall assign the 16 Page 33 of 49 appropriate number of employees to stand -by status. Such assignment shall be on a rotation basis. Procedures will be adopted and instruction provided prior to implementation of this policy. B. Duty Requirements - Employees on a stand -by status shall be required, at all times, to carry a functioning City- issued cell phone, pager, voice mail device and be able to respond to calls within 30 minutes of being paged. In addition, employees are expected to maintain a state of mental alertness and physical dexterity similar to that which is required for performance of their regular duties. A stand -by assignment shall be for fourteen consecutive calendar days starting on Friday at the end of the normal work shift. C. Compensation - In any situation where an employee has been in a designated stand -by status and is to remain on -call, then the employee shall be compensated at a rate of $105 for each seven day stand -by period. D. Substituting for an Employee - Any employee designated to serve in a stand -by capacity may seek a substitute by another employee, subject to submitting such proposal to the Department Manager and subject to the Department Director's approval of the substitution. The substitute shall be compensated at $15 per day. During a personal emergency, the stand -by person may select a substitute from the approved list without department approval. E. Duty List - The Department Manager shall be responsible for scheduling employees for stand -by duty and providing a duty roster to the Sheriffs Department and the City Manager. The Duty roster will list stand -by employees with their stand -by duty dates, home telephone numbers, and City - issued cell phone, pager, voice mail number. SECTION 8. Longevity Pay The City provides Longevity Pay of 5% at the end of the. 10t', 15'' and 20* years, subject to Department Head recommendation and City Manager approval, for employees at the top step of their range. SECTION 9. Exempt Employees Certain classes of employment are considered to be "exempt" from the provisions of the Fair Labor Standards Act (FLSA) on the basis of executive, administrative, 17 Page 34 of 49 or professional functions. Incumbents employed in those classes shall not be eligible for overtime pay but shall be entitled to paid Administrative Leave as set forth herein. Those classes not considered exempt are listed in Exhibit A of the Memorandum of Understanding. SECTION 10. Pay Day & Check Stubs The official pay day will be the Thursday following the end of the pay period. The City provides check stubs supplying, on a current basis, complete information of all deductions, sick leave, vacation leave, floating holidays and administrative leave. SECTION 11. TempgM Upgrade In the event an employee is assigned a temporary upgrade to a classification that is in a higher pay range than the one in which he/she is regularly employed, he/she shall receive compensation as follows: The employee must first work in the higher classification for not less than twenty (20) consecutive working days within a 12 -month period. After having accumulated twenty (20) working days in the higher classification, thereafter the employee shall receive a five percent (5.0 %) increase in pay for work in the higher classification. Within six (6) months the position will be reevaluated to determine permanency or continued temporary status and appropriate compensation. SECTION 12. Bonus Pay The City shall have the right to develop and establish policies and procedures pertaining to bonus and/or incentive pay. 18 Page 35 of 49 CHAPTER 6 - BENEFITS SECTION 1. General Classified employees shall be entitled to certain benefits of economic value in addition to salaries, economic incentives, holidays, vacations, etc., provided for herein. SECTION 2. Uniforms Uniformed employees of the Public Works Department and other designated employees shall be furnished uniforms in accordance with policies established by the Department Head and approved by the City Manager. SECTION 3. Medical and Life Insurance Subject to market conditions and changes necessitated thereby, the City shall make available single party and dependents hospitalization, major medical, dental, and life insurance to all employees, and to such other officials as may be designated by the City Council. The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with which the City has contracted for such insurance coverage. During periods of approved medical leave with pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees. SECTION 4. Retirement The City shall pay the appropriate employer's contribution toward retirement benefits in accordance with the provisions of the contract between the City of Lake Elsinore and the Public Employee's Retirement System. In addition the City shall pursuant to the Sick Leave Buy Back Policy accumulated by the employee upon retirement as a supplemental retirement benefit. The City is recognized by the Social' Security Administration as an eligible employer and as such the City and its employee must make appropriate contributions as determined by the Social Security Administration. SECTION 5. Additional Benefits The City may enact such additional benefits, or compensation in lieu thereof, as it may see fit in accordance with the City's compensation policy 19 Page 36 of 49 SECTION 6. Deferred Compensation The City shall make available a qualified Deferred Compensation Plan in which all full-time employees may participate. The City Council may, at its discretion, make additional contributions to such Plan for any employee. 20 Page 37 of 49 CHAPTER 7 -LEAVE SECTION 1. Holidays All officers and employees of the City of Lake Elsinore except as herein noted, shall be entitled to the following holidays: 1. January 1 2. Third Monday in January 3. Third Monday in February 4. Last Monday in May 5. July 4 6. First Monday in September 7. Second Monday in October 8. November 11 (as designated) 9. Last Thursday in November 10. Friday after Thanksgiving 11. December 25 12. Floating Holiday New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Employee Designation 13. The City also observes a full work day before Christmas as a holiday for one half of the employees and a full work day before New Year's for the other half of the employees with the provision that the Department Head may have to decide which employees get which day based on public works needs and requirements. When a holiday falls on a Sunday, the following workday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding workday shall be deemed to be a holiday in lieu of the day observed. As Christmas Eve and Christmas are successive holidays, if either of them fall on a Saturday or Sunday, the City will celebrate the double holiday on the Friday preceding and the Monday following such a weekend. Employees must be eligible for pay for both their regularly scheduled shifts 21 Page 38 of 49 preceding and following a holiday in order to receive holiday pay. SECTION 2. Vacations The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally and physically refreshed. Each incumbent of a full- time position shall accrue vacation leave with pay on the following basis: A. Accrual Rate: Except as provided in Paragraph F, the following shall be the annual accrual rate for full -time employees with one (1) through nine (9) years of service. Years of Service Working Days of Accrual Per Year Employment date thru 5 12 b thru 7 13 8 thru 9 14 Employees with ten (10) or more years of service shall accrue one (1) more working day of vacation for each additional year of 'employment up to a maximum twenty -two (22) days per year. B. Pay Period: A complete bi- weekly pay period for which benefits herein shall accrue is defined as a bi- weekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period. C. Full -Time: Full -time employment, for purposes of this Section, shall be construed as the forty (40) hour week, regardless of the number of hours actually worked in a week. D. Scheduling: The arranging of vacation schedules shall be the responsibility of the Department Head, primarily with particular regard for the needs of the City and, secondly, insofar as possible, with the wishes of the employee. E. Unused Accrual: An incumbent who separates from the service of the City shall receive payment for unused vacation leave to which he would otherwise be entitled as of the date of separation. F. Maximum Accrual: Vacation leave may be accumulated to no more than two (2) year's accumulation. The vacation accrual rate for all employees who have reached the maximum accrual amount allowed, shall be zero 22 Page 39 of 49 days per year. G. In -Lieu Compensation: It is the policy of the City to encourage employee use of vacation time on a periodic basis to allow the employee a time of rest and recreation in order that he /she may return to the work place physically and mentally refreshed. Compensation in lieu of vacation shall not be granted except in those cases where an employee has earned the maximum accrual and is prevented from taking vacation to reduce the accrual because, in the opinion of the City Manager, the use of vacation time by the employee at that time would make it difficult for the City to provide essential services. SECTION 3. Sick Leave A. Accrual: Sick leave shall be accrued at the rate of one (1) day per month for all full -time employees. B. Use Allowed: Accrued sick leave is a conditional benefit and may only be used in the event of the occurrence of one of the following: • a bonafide illness or disability of the employee; • a bonafide illness or disability of a member of the employee's immediate family as defined herein which requires his/her attention; • being subject to quarantine or being exposed to a contagious disease which may endanger the health of other employees; • to attend an appointment for a medical, dental or optical examination; or, • a comparable incident as so determined by the employee's Department Head. C. Abuse: The use of sick leave in a manner inconsistent with the above parameters is not permitted. Misuse of sick leave including but not limited to patterned or excessive use of sick leave is cause for disciplinary action. D. Extended Use: Evidence may be required in the form of the City physician's certificate, or any other individual licensed to practice medicine in the State of California, in determining the adequacy of the 23 Page 40 of 49 reasons for any of the employee's absences during which sick leave time is requested. Evidence will be required for any absence of a duration of three (3) or more consecutive working days during which sick leave time is requested, unless waived by the Department Head. At its discretion, City shall have the right to require an employee to undergo, at City cost, a medical examination and tests related to an employee's sick leave utilization and medical fitness for duty, as it relates to the use of sick leave. E. Release: An employee absent for a period of two consecutive work days per month (Friday and the following Monday are considered to be consecutive work days) due to an illness or injury, may be required to bring a release from the employee's physician stating the employee is now capable of returning to active non - limited work. Requirement of such release shall be at the discretion of the City. F. Partial Dav: Whenever any portion of a work day is taken as sick leave, the amount of sick leave used shall be equal to the actual time taken off. G. Incentive: In order to reduce lost time, the City provides this sick leave incentive program to those employees who demonstrate • a good attendance record. Each classified employee eligible for sick leave accrual shall be credited an additional four and one half (4.5) hours vacation leave for each quarter year (the maximum annual sick leave incentive being eighteen (18) hours if sick leave was not used. Said vacation leave credit, if and when earned, shall not affect sick leave. H. Buy Back: City employees who end their employment with the City of Lake Elsinore for any reason (i.e. layoff, voluntary quit, retire, death), shall be compensated in cash for unused sick leave at final rate of pay based on the following: 0 to 2 years None 2 to 10 years 50% 17 years 75% 17 or more years 100% There shall be no maximum amount of sick leave eligible for cash compensation subject to the foregoing schedule. All current employees as of the adoptiop date of these rules shall be eligible for this benefit for the term of their employments 24 Page 41 of 49 SECTION 4. Maternity Leave As supported by a physician's statement, an employee medically disabled due to pregnancy and childbirth, shall be granted a medical leave of absence of six (6) weeks. Upon request, said employee shall be granted additional leave of absence not to exceed four (4) months total absence. During such leaves, the employee shall use accrued sick leave and vacation; and, upon depletion of said accrued hours, shall be placed on medical leave without pay status for the remainder of the leave of absence. The Personnel Officer, at his/her discretion, may grant a nonmedical leave of absence without pay to an employee who requests additional leave beyond the period of medical disability due to pregnancy and childbirth; however, said additional nonmedical leave shall not exceed three (3) months. (Disabilities under this section shall be administered without discrimination with respect to other leaves for disability and shall be consistent with the Family Medical Leave Act.) SECTION 5. Bereavement Leave When an employee is compelled to be absent from duty by reason of the death of a member of his/her immediate family, such employee shall be granted three (3) working days of bereavement leave, to attend services, grieve, assist in estate arrangements, or travel for same, with pay. If an employee must travel more than two hundred fifty (250) miles to attend funeral services, five (5) working days of "bereavement leave" with pay shall be granted. Absence from duty in excess of the number of days authorized by this paragraph or absence from duty to attend the funeral services of one not a member of the employee's immediate family shall be chargeable to accrued vacation leave time or may be taken as a leave of absence, subject to the approval of the Department Head. SECTION 6. Industrial Accident Leave If an employee is injured on the job and is eligible for Worker's Compensation, the City will debit the disabled employee's sick leave the actual amount that would offset the differential between the disability rate computed by Worker's Compensation and the daily base pay of said employee. For purposes of realizing benefits under this section, an employee shall endorse the Worker's Compensation check for the employee's full base salary. SECT ION 7. Jury Duty and Subpoenas Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that no more than three (3) City employees are rendering such services concurrently, and further provided the employee 25 Page 42 of 49 remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) days from the termination of his/her jury service. In the matter of Three Lakes Municipal Court in Lake Elsinore or Perris, the employee, if not impaneled, is expected to return to duty following the normal lunch break. All employees when released from jury duty are expected to contact their immediate supervisor by telephone, unless one hour or less remains on their normal workshifl. Employees other than those who are parties to an action of malfeasance, who are subpoenaed to appear as witnesses on behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty (30) days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. SECTION 8. Military Leave State, military, and veterans code and other applicable laws shall govern the granting of military leaves of absence and the rights of employees returning from such-absence. SECTION 9 Other Leaves The City Manager may grant a leave of absence without pay to any officer or employee of the City, except those appointed by the City Council. SECTION 10 School Leave An employee who is a parent, guardian, or grandparent with custody of a child in school (K -12) or of a child attending a licensed child day care facility, and who works in a location with 25 or more employees, may take off up to 9 hours per calendar month, and up to 40 hours per year, to participate in the activities of the school or licensed day care facility. Employees desiring to take school leave must give the City reasonable advance notice of the planned absence, and must provide documentation from the school as proof that the employee was present at the school or day care center on a specific date and time. If both parents work at the same location, the parent who first gives notice of the absence may take school leave as a matter of right; the second parent may take school leave at the same time for the same event only with his or her supervisor's permission and at the supervisor's discretion. Employees taking school leave must use any existing vacation, personal leave or compensatory time off for the planned absence. Otherwise, school leave is unpaid. Page 43 of 49 CITY OF LAKE ELSINORE MOU 2011 -20131 EXHIBIT B -1 SALARY RANGE / STEP SCHEDULE Account Specialist 1 28 14.9928 15.7427 16.5295 17.3562 18.2239 Account Specialist II 34 17.2421 18.1042 19.0095 19.9600 20.9580 Account Specialist 111 39 19.8286 20.8200 21.8611 22.9542 24.1019 Accountant 1 44 22.6106 23.7412 24.9284 26.1746 27.4834 Accounting Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Administrative Assistant 44 22.6106 23.7412 24.9284 26.1746 27.4834 Assistant Planner 51 26.6946 28.0295 29.4309 30.9026 32.4476 Associate Civil Engineer 59 31.9567 33.5546 35.2323 36.9938 38.8437 Associate Planner 57 30.4221 31.9433 33.5404 35.2175 36.9783 Building Inspector 49 25.4338 26.7056 28.0410 29.4431 30.9153 Chief Mechanic 57 30.4221 31.9433 33.5404 35.2175 36.9783 Code Enforcement Officer 1 41 20.7816 21.8207 22.9117 24.0575 25.2603 Code Enforcement Officer II 47 24.0724 25.2763 26.5402 27.8670 29.2604 Code Enforcement Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Community Development Technician 44 22.6106 23.7412 24.9284 26.1746 27.4834 Community Services Coordinator 47 24.0724 25.2763 26.5402 27.8670 29.2604 Customer Service Specialist 29 15.3361 16.1030 16.9081 17.7535 18.6412 Deputy City Clerk 57 30.4221 31.9433 33.5404 35.2175 36.9783 Engineering Inspector 59 31.9567 33.5546 35.2323 36.9938 38.8437 Engineering Technician 44 22.6106 23.7412 24.9284 26.1746 27.4834 Engineering Technician 11 49 25.4338 26.7056 28.0410 29.4431 30.9153 Engineering/ NPDES Coordinator 52 27.3316 28.6982 30.1332 31.6397 33.2218 Equipment Operator 44 22.6106 23.7412 24.9284 26.1746 27.4834 Executive Assistant 47 24.0724 25.2763 26.5402 27.8670 29.2604 GIS Data Analyst 57 30.4221 31.9433 33.5404 35.2175 36.9783 GIS Technician 1 36 18.3311 19.2478 20.2101 21.2208 22.2818 Graffiti Technician 36 18.3311 19.2478 20.2101 21.2208 22.2818 I.T. Technician 1 44 22.6106 23.7412 24.9284 26.1746 27.4834 I.T. Technician 11 49 25.4338 26.7056 28.0410 29.4431 30.9153 Information System Analyst 65 37.6213 39.5024 41.4776 43.5513 45.7288 Information Tech Supervisor 69 41.7405 43.8279 46.0200 48.3195 50.7355 Lake Operations Supervisor 57 30.4221 31.9433 33.5404 352175 36.9783 Lead Worker- Facilities 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Lake Operations 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Parks 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Street Operations 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Weed Abatement 46 23.9660 25.1644 26.4227 27.7439 29.1309 Maintenance Worker 1 30 16.0051 16.8053 17.6455 18.5277 19.4541 Maintenance Worker 11 36 18.3311 19.2478 20.2101 21.2208 22.2818 Mechanic 36 18.3311 19.2478 20.2101 21.2208 22.2818 Office Specialist 1 23 13.3356 14.0022 14.7024 15.4376 16.2096 Office Specialist 11 29 15.3361 16.1030 16.9081 17.7535 18.6412 Office Specialist III 39 19.8286 20.8200 21.8611 22.9542 24.1019 Parks & Recreation Analyst 57 30.4221 31.9433 33.5404 35.2175 36.9783 Parks Specialist 44 22.6106 23.7412 24.9284 26.1746 27.4834 Parks Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Planning Technician 36 18.3311 19.2478 20.2101 21.2208 22.2818 Public Works Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Page 44 of 49 Recreation Supervisor 5 57 3 30.4221 3 31.9433 3 33.5404 3 Page 45 of 49 EXHIBIT C AGENCY SHOP SIDE LETTER OF AGREEMENT 1. Legislative Authority The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full -time unit employees represented by United Public Employees of California, LIUNA Local 777 (hereinafter "Union ") have the right to join or not join the Union. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees must either join the Union or pay to the Union a service fee in lieu thereof. Such service fee shall be established by the Union, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Union. 2. Union Dues /Service Fees (a) Effective October 15, 2005, the Payroll Department shall provide all current employees and any employees hired thereafter with an authorization notice advising them that the City has entered into an Agency Shop agreement with the Union, and that all employees subject to the Agreement must either join the Union, pay a service fee to the Union, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employees signature authorizing payroll deduction of Union dues or a service fee, or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to Payroll. (b) If the form is not completed properly and returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Union dues, service fee, or charitable contribution shall begin no later than the first full pay period after receipt of the authorization form. (c) The employee's earnings must be sufficient after the other legal and required deductions are made to cover C: \Documents and Settin98 \v0pre88ey \L0ca1 Settings \Temporary Internet Files \0IA3 \A9ency Shop.289.doc 1 Page 46 of 49 the amount of the dues or fees authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non -pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Union dues and service fees. 3. Religious Exemption (a) Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following Funds: 1. American Cancer Society 2. American heart Association 3. American Red Cross Charitable contributions shall be by regular payroll deductions only in order to qualify as a condition of continued exemption from the requirement of financial support to the Union. (b) Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Union within 14 calendar days of receipt by the City. The Union shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of C: \Documents and settingeWpressey \Local Settings\Temporary Internet Files\OLK3 \Agency Shop.289.doc 2 Page 47 of 49 the employee's choice shall commence but shall be held in escrow pending resolution of the - challenge. 4. Recision The agency shop provision in this memorandum of understanding may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (a) A request for such a vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit; (b) The vote is by secret ballot; (c) The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the City and the Union may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. (d) If a "recision vote" is approved by unit members during the term of a current MOU, the Union agrees not to petition for or seek Agency Shop status for the remainder of the current MOU. S. Records The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the organization, within 60 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 accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. [An employee organization required to file financial reports under the Labor - Management Disclosure Act of 1959 covering employees governed by this provision, or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports.) C: \Documents and Settings\mpressey \Local Settings \Temporary Internet Files \OLK3 \Agency Shop.289.doc 3 Page 48 of 49 6. Indemnification The Union shall indemnify, defend and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation, including claims relating to the Union's /Association's use of monies collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with the agency fee obligation, and the Union agrees to pay any attorney, arbitrator or court fees related thereto. 7. Election Prior to the implementation of this provision, the California State Mediation and Conciliation Service shall conduct a secret ballot election to be held on October 5, 2005. All eligible unit members shall be allowed to participate in the voting, irrespective of current membership in the Union. Ballots shall be counted at the conclusion of the October 5, 2005 balloting. 8. City CouncilAipproval If the foregoing Agency Shop provisions are approved by the employees on October 5, 2005, then authorization to approve this Side Letter of Agreement shall be submitted to the City Council at its next regular meeting. Dated: October 13, 2005 Dated: October 13, 2005 bert A. B ady n behalf of the. ity of Lake Elsinore I 4ao�� na�a-& Kathie Delgad On behalf of -the United Public Employees of California, LIUNA, Local 777 C: \Documents and Settings \mpressey \Local Settings \Temporary Internet Fi1es \0LK3\Agency Shop.269.doc 4 Page 49 of 49