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HomeMy WebLinkAboutItem No. 08 MOU with LIUNA Local 777 July 1, 2017 - June 30, 2021Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: RES 2014-043 Agenda Date: 9/12/2017 Status: Consent AgendaVersion: 1 File Type: ResolutionIn Control: City Council / Successor Agency Agenda Number: 8) Page 1 City of Lake Elsinore Printed on 9/7/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Jason Simpson, Assistant City Manager Date:September 12, 2017 Subject:Memorandum of Understanding (MOU) with LIUNA Local 777 (LIUNA) for July 1, 2017 to June 30, 2021 Recommendation adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE CHANGE OF BENEFITS FOR UNION REPRESENTED EMPLOYEES FOR THE PERIOD OF JULY 1, 2017 TO JUNE 30, 2021 Background The City Council and the employees represented by LIUNA Local 777 (LIUNA) have come to an agreement as documented in the attached Memorandum of Understanding (MOU) for the period of July 1, 2017 to June 30, 2021. Discussion This Resolution shall apply to Fiscal Years (FY) 2017-2018, 2018-2019, 2019-2020 and 2020- 2021 commencing July 1, 2017 and ending June 30, 2021. Highlights The attached four-year agreement with LIUNA includes the following highlights: Term: Four (4) Year Agreement from July 1, 2017 to June 30, 2021 1. Compensation 0% Increase July 1, 2017 0% Increase July 1, 2018 1% Increase (split 0.5% January 1, 2019 & 0.5% July 1, 2019) 2% Increase July 1, 2020 MOU 2017-2021 September 12, 2017 Page 2 2. Classes and Ranges Staff completed a market study on positions and determined that a few classifications were below market and will be given up to a 5% annual increase over the next couple of years until they are brought to within market. The salary ranges for Maintenance Worker I, Maintenance Worker II, Mechanic, Accountant I, Account Specialist I, Account Specialist II, and Account Specialist III shall be increased by 5% effective upon approval and adoption of this Agreement, and by an additional 5% effective the first pay period in July 2018. The salary ranges for Code Enforcement Officer I and Code Enforcement Officer II will increase by 2.5% effective upon approval and adoption of this Agreement, and by an additional 2.5% effective the first pay period in July 2018. 3. Medical Insurance Allowance Effective upon approval and adoption of this Agreement, the medical contribution will be $1,250, an increase of $50, with annual adjustments of: effective July 1, 2018, the medical contribution will be $1,300; effective July 1, 2019, the medical contribution will be $1,325; and effective July 1, 2020, the medical contribution will be $1,350. If an employee elects not to participate in the City’s medical coverage program, and meet other program requirements, the City will contribute a maximum of $350 toward a Health Retirement Account (HRA) or Deferred Compensation Program (ICMA 457 Plan). 4. Implement a Comprehensive Annual Leave Program Effective upon approval and adoption of this Agreement, employees shall receive Annual Leave in lieu of vacation and sick leave credits. This includes conversion of existing vacation and sick leave balances to a new annual leave bank for all employees, with a cap of 708 at conversion, with a maximum accrual cap of 788. 5. Other changes a. Standby Pay from $175 to $200 (each seven day standby period) b. Completion of a Parity and Classification Study by December 31, 2020 by the City. c. The Deputy City Clerk position (vacant) will be a confidential position, removed from LIUNA represented group. d. Eliminate GIS Data Analyst, GIS Specialist, GIS Technician I positions e. Eliminate Lead Worker – Weed Abatement position f.Eliminate Graphics Technician position g. Add Senior Community Development Technician position h. Various wording changes (mutually agreed upon) i.The City will meet and confer on Personnel Rules and Regulations changes being proposed but still in process. LIUNA agreed that items not legally subject to meet and confer could not go to impasse if they do not agree with changes proposed. However, the goal is to keep lines of communication open and work through issues collaboratively. j.Labor/Management Committee formed to address issues of mutual concern in a problem-solving context for efficiency, effective or improving quality of service delivery. MOU 2017-2021 September 12, 2017 Page 2 Fiscal Impact The four-year agreement represents an annual average increase of $316,253 or 2.86% of Total Salaries and Benefits (total compensation) over the term of the agreement. There is some one-time costs related to conversion of the leave banks to an Annual Leave Program. Attachments A Resolution Approving change of benefits B Redline Memorandum of Understanding with LIUNA Local 777 to July 1, 2017 to June 30, 2021 RESOLUTION NO. 2017 - _____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,APPROVING THE CHANGE OF BENEFITS FOR UNION REPRESENTED EMPLOYEES FOR THE PERIOD OF JULY 1, 2017, TO JUNE 30, 2021 Whereas,the City Council and the employees represented by LIUNA Local 777 have come to an agreement for the period of July 1, 2017 to June 30, 2021 (See attached Exhibit 1). Because of this agreement and in an effort to maintain parity, a resolution changing the benefits for union represented employees is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1.This Resolution shall apply to Fiscal Years 2017-18, 2018-19, 2019-20 and 2020- 21 commencing July 1, 2017, and ending June 30, 2021, for the Memorandum of Understanding by and between LIUNA and the City of Lake Elsinore as reflected in attachment labeled Exhibit 1. Section 2.This Resolution shall take effect from and after the date of its passage and adoption. Section 3. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 12th day of September 2017. Robert E. Magee Mayor Attest: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LAKE ELSINORE) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No.2017- ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 12, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Susan M. Domen, MMC City Clerk MEMORANDUM OF UNDERSTANDING 2017-2021 BY AND BETWEEN CITY OF LAKE ELSINORE AND LIUNA LOCAL 777 TABLE OF CONTENTS PAGE ARTICLE I APPLICATION & RECOGNITION 2 ARTICLE II TERM 3 ARTICLE III CITY RIGHTS AND RESPONSIBILITIES 3 ARTICLE IV COMPOSITION OF BARGAINING UNIT 3 ARTICLE V COMPENSATION 4 ARTICLE VI BENEFITS 11 ARTICLE VII HOLIDAYS & LEAVE 16 ARTICLE VIII CATASTROPHIC LEAVE DONATIONS 21 ARTICLE IX BOOT ALLOWANCE 22 ARTICLE X MEET AND CONFER ON PERSONNEL RULES 22 ARTICLE XI LABOR/MANAGEMENT COMMITTEE 23 ARTICLE XII AGENCY SHOP 23 ARTICLE XIII SUPPLEMENTAL INSURANCE 23 ARTICLE XIV SECTION 125 PLAN 24 ARTICLE XV STANDBY PAY 24 ARTICLE XVI STANDBY VEHICLE 24 ARTICLE XVII TUITION REIMBURSEMENT 27 ARTICLE XVIII SAVINGS CLAUSE 27 ARTICLE XIX GENERAL CONDITIONS 28 ARTICLE XX COMPLETION OF BARGAINING 29 2 The City of Lake Elsinore (hereinafter called the “City” or “Employer”) and 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 I.T. Database Analyst I Account Specialist II I.T. Technician I Account Specialist III I.T. Technician II Accountant I Information System Analyst Administrative Assistant Lake Operations Supervisor Assistant Planner Lead Worker - Facilities Associate Civil Engineer Lead Worker - Lake Operations Associate Planner Lead Worker - Parks Building Inspector Lead Worker - Street Operations Code Enforcement Officer I Maintenance Worker I Code Enforcement Officer II Maintenance Worker II Code Enforcement Supervisor Mechanic Community Development Technician Office Specialist I Community Development Technician II Office Specialist II Community Services Coordinator Office Specialist III Engineering Inspector Parks Supervisor Engineering NPDES Coordinator Public Works Supervisor Engineering Technician Recreation Supervisor Engineering Technician II Sr. Accountant Equipment Operator Sr. Building Inspector Graffiti Technician Sr. Planner Special Events Coordinator 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. 3 ARTICLE II TERM This MOU shall apply to Fiscal Years 2017-2018, 2018-2019, 2019-2020 and 2020-2021 with regard to all wages, benefits and other terms and conditions of employment commencing July 1, 2017 and ending June 30, 2021. ARTICLE III 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. ARTICLE IV COMPOSITION OF BARGAINING UNIT The classes of employees represented by this Agreement along with related grades and salary ranges are reflected in Exhibit B. 4 ARTICLE V COMPENSATION A.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. 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 City Council. Affected employee organizations shall be given prior notice of amendments and revisions, in accordance with State Law. B.HOURS OF WORK The work period shall be defined as a fixed as a regularly recurring period of 168 hours or 7 consecutive 24-hour days. This period starts at 12:00 Noon, Friday, and ends at 11:59 A.M. on the following 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 by the law. 5 C.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 notify of changes in work schedule two weeks in advance except in cases of an emergencies. 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. D.HOURS AND PAY Employees shall be paid on the basis of the hourly rates set forth based upon actual hours worked. The pay period shall be a 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. E.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). EXAMPLE: M T W T F S S M T W T F S S Employee A 9 9 9 9 9 9 9 9 8 Employee B 9 9 8 9 9 9 9 9 9 Employee C 9 9 9 9 9 9 9 9 8 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. Unscheduled annual leave, shall not count as hours worked toward the calculation of overtime. Annual 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 day on which no work is scheduled employees will be given either the preceding or following day off as a paid holiday. 6 F.CLASSES AND RANGES The classes of employees and related grades and salary ranges for LIUNA represented full-time employees for the term of this agreement shall be set forth in Exhibits B-1, B-2, B-3, B-4, B-5 attached hereto. The salary ranges for Maintenance Worker I, Maintenance Worker II, Mechanic, Accountant I, Account Specialist I, Account Specialist II, and Account Specialist III shall be increased by 5% effective upon approval and adoption of this Agreement, and by an additional 5% effective the first pay period in July 2018. The salary ranges for Code Enforcement Officer I and Code Enforcement Officer II shall be increased by 2.5% effective upon approval and adoption of this Agreement, and by an additional 2.5% effective the first pay period in July 2018. G.SALARY STEPS Salary step advancement 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 ad 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: 1. 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. 2. 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 a copy given immediately to the employee. 3. In case of a promotion, the employee shall be entitled to a minimum of the nearest higher monthly salary which is at least five percent higher than his/her previous base salary 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 promoted. 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 his/her duties, said employee may be granted a special salary step 7 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 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 “E” 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 the 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. H.COMPENSATION ADJUSTMENTS Effective first pay period in January 2019 there will be a half percent (0.5%) increase added to base salary. Effective first pay period in July 2019 there will be a half percent ( 0.5%) increase added to the base salary. Effective first pay period in July 2020 there will be a two percent (2%) increase added to the base salary. I.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) 7-day work period. Non-exempt employees shall receive additional compensation for overtime in accordance with the following provisions: 1. Non-exempt employees shall be compensated at one and one-half times their regular rate of pay for all overtime hours worked in excess of 8 40 hours in one (1) 7-day work period. Hours of unscheduled annual leave and/or unpaid leave shall not be considered “hours worked” in determining eligibility for time and one-half compensation. 2. 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. Non-exempt employees may accrue no more than 240 hours of compensatory time. All overtime 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 of pay received by the employee during the last three years of the employee’s employment, or (2) the final regular rate of pay of the employee, whichever is higher. 3. 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. 4. A minimum of two (2) hours pay at time and one-half of the employee’s hourly rate 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 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 in 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; an employee who spends between 16 and 30 minutes on the telephone will be paid for thirty (30) minutes work, etc. 5. Recognized holidays and scheduled annual leave days will be calculated as time worked in computing overtime. 9 J.STAND-BY POLICY 1. 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 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. 2. Duty Requirements – Employees on a stand-by shall be required, at all times, to carry a functioning City-issued cell phone, 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. 3. 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 $200.00 for each seven-day stand-by period. 4. 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 $25 per day. During a personal emergency, the stand-by person may select a substitute from the approval list without department approval. 5. Duty List – The Department Manager shall be responsible for scheduling employees for stand-by duty and providing a duty roster to the Sheriff’s 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 and voicemail number. K.BILINGUAL PAY The City agrees to an annual Bilingual Pay bonus of $600 to qualified employees payable on a pro rata basis each pay period. Qualified employees will have been tested for bilingual ability and have agreed to provide bilingual services in the course of their employment. 10 L.PARITY AND CLASSIFICATION STUDY The City will perform a classification study, to be completed no later than December 31, 2020. The following cities will be surveyed: Murrieta, Perris, Temecula, Corona and Menifee. The City will meet and confer with LIUNA prior to the implementation of any changes following the classification study upon completion in 2020. To the extent the City is required to meet and confer by law, the parties understand that impasse procedures apply; to the extent the City is meeting and discussing with the union where meet and confer is not required by law, the parties understand that impasse procedures do not apply. The City shall provide the LIUNA Board Members with a copy of the Study upon completion in 2020. M.LONGEVITY PAY The City provides Longevity Pay of 5%, payable on a pro rata basis each pay period, at the end of the 10 th, 15th and 20th years (120 th, 180th and 240th month respectively), subject to Department Head recommendation and City Manager approval, for employees at the top step of their range. N.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 the executive, administrative, 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 in the Personnel Rules and Regulations. Those classes not considered exempt are listed in Exhibit B-1. O.PAY DAYS, DIRECT DEPOSIT & CHECK STUBS The official pay day will be the Thursday following the end of the pay period. New employees are required to participate in Direct Deposit. The City provides check stubs supplying, on a current basis, complete information of all deductions, annual leave, floating holidays and administrative leave. P.TEMPORARY 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%) increase in pay for work in the higher 11 classification. Within six (6) months the position will be reevaluated to determine permanency or continued temporary status and appropriate compensation. Q.BONUS PAY The City shall have the right to develop and establish policies and procedures pertaining to bonus and/or incentive pay. R.ANNUAL LEAVE PAYOUT Employees that accrue annual leave shall be eligible to cash out a maximum of eighty (80) accrued annual leave hours in a fiscal year provided that they leave at least a minimum of forty (40) accrued annual leave hours on the books. Employees shall be eligible to cash out accrued annual leave hours no more than twice a calendar year, up to a maximum of eighty (80) hours. Employees must complete an annual leavepayout request form, obtain acknowledgement from their director and approval from finance and the City Manager. S.RECALL PROCEDURE 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. T.PUBLIC CONTACT The City Administration has implemented a program limiting public access hours to 8 a.m. to 5 p.m., Monday through Thursday, and 8 a.m. to 4 p.m. on Friday, in conjunction with the 9/80 program implementation. ARTICLE VI BENEFITS A. GENERAL Classified employees shall be entitled to certain benefits of economic value in addition to salaries, economic incentives, holidays, vacations, etc., provided herein. B. UNIFORMS Effective with approval and adoption of this MOU, except for the Public Works Department, regular full-time employees required to wear and maintain uniforms in the performance of their job duties shall receive a monetary allowance of $50 per pay period. The following positions are required to wear and maintain uniforms: 12 Code Enforcement Officer I Building Inspector Code Enforcement Officer II Engineering Inspector Code Enforcement Supervisor The uniform allowance shall be used to purchase and maintain shirts, pants and boots to the extent required in the performance of their job duties. The City will continue to provide required and necessary equipment for Code Enforcement employees. The City will purchase an initial set of uniforms for new employees. When an employee stops working at the City, the City will collect and retain any uniforms. Uniformed employees of the Public Works Department shall be furnished uniforms and boots required in the performance of duties in accordance with policies established in this MOU and by the Department Head and approved by the City Manager. C. MEDICAL, DENTAL, VISION 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 premium for such insurances 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. 1. 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. 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 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. 13 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. 2.Medical Insurance Allowance Employees will receive the PEMCHA minimum defined as the statutory medical insurance contribution pursuant to Government Code Section 22892. The City will contribute an additional allowance towards the employee’s monthly health insurance premium for the employee and their dependents. Effective upon approval and adoption of this Agreement, the medical contribution will be ($1250) per month. Effective July 1, 2018 the medical contribution will be ($1300) per month. Effective July 1, 2019 the medical contribution will be ($1325) per month. Effective July 1, 2020 the medical contribution will be ($1350) per month. Any employee eligible for Medicare coverage shall designate Medicare as his/her primary insurance coverage. If an employee elects not to participate in the City’s medical coverage program, and upon providing proof of qualifying alternate group coverage, the City will contribute up to a maximum of $350 into a Health Retirement Account (HRA) established by the City or a deferred compensation program. 3. Life The City agrees to maintain the group life insurance policy for all LIUNA represented employees in the amount of $50,000 unless a higher amount for a given class is specified. 14 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. 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. Retirement Formulas: a)Classic CalPERS Employees hired prior to July 1, 2011 (Tier 1) 1.Employees will participate in the 2.5% @ 55, single highest year, formula provided by CalPERS. 2.Each employee shall pay the full eight percent (8%) employee contribution. b)Employees hired between July 1, 2011 and January 1, 2013 or hired after July 1, 2011 and from a Reciprocal Agency within 6 month break in service (Tier 2) [PEPRA] 1.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. c)Employees hired after January 1, 2013 and new to CalPERS membership and was not a member of a Reciprocal Agency or had a break in service for longer than 6 months from CalPERS or a Reciprocal Agency. This Tier is mandated by State and must follow the current policy and guidelines. (Tier 3) [PEPRA] 1. Employees will participate in the 2% @ 62, three (3) year average, formula provided by CalPERS 2. The total current maximum salary reportable is $113,700 Pensionable Compensation Cap per PEPRA 3. Each employee shall pay the full 6.25% current employee contribution 15 5.Retiree Medical a) All LIUNA represented employees filling authorized positions regardless of hire date shall receive medical insurance for the employee and their eligible family members. Employees will receive the PEMCHA minimum contribution. The PEMCHA minimum is the statutory medical insurance contribution pursuant to Government Code Section 22892. 1. Employees hired prior to January 1, 2014 shall receive an additional contribution equal to the difference between the medical insurance premium total minus the PEMCHA minimum. 2. Employees hired after January 1, 2014 shall only receive the PEMCHA minimum contribution. 6. LIUNA Pension Effective December 1, 1996, all eligible union members were enrolled in the LIUNA Pension Plan. The City will deduct $.63 per hour of regular work up to forty (40) hours per week maximum for each covered employee. This deduction will adjust based on the LIUNA Pension Rehabilitation fee agreement. 7. 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. 8. Medicare Employers and employees both pay taxes required by the Federal Insurance Contributions Act (FICA) to fun two federal government benefit programs: Social Security and Medicare. Social security is comprised of Old Age and Survivor’s Insurance (OASI) and Disability Insurance (DI), and Medicare benefits are provided by the Health Insurance (HI) Program. The employee share of social security and Medicare taxes is withheld for wages and the employer calculates its share, then the employer pays both shares to the Federal government. 9. 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. 16 10. 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, CPR and First-Aid Certification. 11. 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). 12. 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. ARTICLE VII HOLIDAYS & LEAVE 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. 17 Whenever any of the above listed holidays falls on a Sunday, the holiday shall be observed by the City on the following Monday. Whenever any of the above listed holidays falls on a Saturday, the preceding Friday shall be observed by the City as a holiday. B.ANNUAL LEAVE PROGRAM Effective upon approval and adoption of this Agreement, employees shall receive Annual Leave in lieu of vacation and sick leave credits. 1.Each full-time employee shall receive Annual Leave in lieu of vacation and sick leave in accordance with the following schedule: Working Days ** Years of Service _of Accrual per Year Employment date thru 4th Year 192 hours/year (24 (1 thru 48 months)days x 8 hrs) 5th thru 6th year 200 hours/year (25 (49 thru 72 months)days x 8 hrs) 7th, 8th,thru 9th year 208 hours/year (26 (73 thru 108 months)days x 8 hrs) 10th year 216 hours/year (27 (109-120 months)days x 8 hrs) 11th year 224 hours/year (28 (121-132 months) days x 8 hrs) 12th year 232 hours/year (29 (133-144 months) days x 8 hrs) 13th year 240 hours/year (30 (145-156 months) days x 8 hrs) 14th year 248 hours/year (31 (157-168 months) days x 8 hrs) 15th year 256 hours/year (32 (169-180 months)days x 8 hrs) 16th year 264 hours/year (33 (181-192 months)days x 8 hrs) 17th plus years 272 hours/year (34 (193 months+)days x 8 hrs) **One (1) annual leave day is equal to 8 hours. 18 2.Unused Annual Leave. Any employee who is eligible for Annual Leave and terminates his or her employment with the City will be paid for any accrued, unused Annual Leave hours. 3.Length of Annual Leave. Annual Leave in excess of eighty (80) consecutive hours will require the City Manager’s approval. 4.Employees may be permitted annually to cash out up to eighty (80) hours of accumulated Annual Leave as long as a balance of not less than forty (40) hours, but no more than 788 hours of Annual Leave remain. 5.Upon approval and adoption of this Agreement, employees’ existing vacation and sick leave balances shall be converted to Annual Leave. If an employee’s Annual Leave bank exceeds 708 hours following the conversion, the employee shall have the option to cash out the balance, and/or deposit the balance into a deferred compensation program. 6.All Annual Leave shall be scheduled and taken in accordance with the best interests of the City and the department or division in which the employee is employed. Annual leave shall not be unduly disruptive to department or division operations, nor shall employee annual leave requests be unreasonably denied. Employee Annual Leave requests shall be submitted and granted or denied in writing in a timely manner. Annual Leave requests must be submitted in accordance with departmental policies on this subject. However, when two (2) or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same Annual Leave time and approval cannot be given to all employees requesting it, employees shall be granted their preferred Annual Leave period in order of request. 7.Physician’s Certificate: An employee absent on unscheduled annual leave in excess of three (3) consecutive working days due to illness or injury, may be required by his/her Department Head or designee to submit a written statement by a physician certifying that the employee’s condition prevented the employee from performing his/her duties. The Department Head or designee may also require a written statement that such employee is able to resume his/her normal duties. 8.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. 19 9.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. C. MATERNITY LEAVE As supported by a physician’s statement, an employee medically disabled 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.) D. 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 funeral services of one not a member of the employee’s immediate family shall be chargeable to accrued annual leave time, compensatory time off, or may be taken as a leave of absence, subject to the approval of the Department Head. Immediate family is defined as parent, stepparent, spouse, domestic partner (as defined in accordance with Family Code section 297), child, grandchild, grandparent, brother, sister, stepchild, mother-in-law, father-in-law, daughter-in- law, son-in-law, sister-in-law, brother-in-law. Bereavement for parent/child shall include those acting as a legal guardian and/or in loco parentis. E. INDUSTRIAL ACCIDENT LEAVE If an employee is injured on the job and is eligible for Worker’s Compensation, at the employee’s option the City will debit the disabled employee’s annual leave the actual amount that would offset the differential between the disability rates 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. F. 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 remits to the City all fees received for such duties 20 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 work shift. 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 termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. G. 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. H. 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 City Council. I. 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 annual leave, personal leave or compensatory time off for the planned absence. Otherwise, school leave is unpaid. 21 ARTICLE VIII 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. C.Conditions under which leave credits may be donated to a Time-Bank. 1.Any City employee may donate annual leave or compensatory time. 22 2.Donations of annual leave 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 annual leave 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 annual leave 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. 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: Chief Mechanic Maintenance Worker I Equipment Operator Maintenance Worker II Graffiti Technician Mechanic Lake Operations Supervisor Parks Specialist Lead Worker - Lake Operations Parks Supervisor Lead Worker - Parks Public Works Supervisor Lead Worker - Streets Sr. Lead Worker 23 ARTICLE X MEET AND CONFER ON PERSONNEL RULES The City is in the process of updating the Personnel Rules and Regulations. The City will meet and discuss with LIUNA prior to the implementation of any changes to the Personnel Rules and Regulations. To the extent the City is required to meet and confer by law, the parties understand that impasse procedures apply; to the extent the City is meeting and discussing with the union where meet and confer is not required by law, the parties understand that impasse procedures do not apply. ARTICLE XI LABOR/MANAGEMENT COMMITTEE A.The City and LIUNA 777 encourage the use of the Labor Management Committee (LMC) to address issues of mutual concern in a problem solving context. Upon mutual agreement, a Labor Management Committee shall be convened to address specific or ongoing issues, such as making the worksite more efficient and effective or improving the quality of service. B.Once convened, the LMC will consist of up to six (6) members, three (3) selected by the Union, and three (3) selected by the City. The Co-Chairs of the LMC shall be selected from the members of the LMC, one individual selected by the Union, and one individual selected by the City. LMC recommendations, if any, will be advisory in nature. The Co-Chairs shall agree on an agenda prior to the date of the meeting. LMC meetings shall not be considered contract negotiations and shall not be considered a substitute for the grievance procedure. Employees who participate as part of the LMC will suffer no loss of compensation for attending meetings of the LMC. Dates and times of meetings and agendas of the LMC shall be mutually determined by the members of the LMC. ARTICLE XII AGENCY SHOP The "Agency Shop Side Letter of Agreement" is attached as Exhibit C and is incorporated herein by reference. ARTICLE XIII SUPPLEMENTAL INSURANCE The City agrees to provide a voluntary payroll deduction for employees to purchase supplemental insurance sponsored by the Union. The City shall make no contribution toward the purchase of such insurance. 24 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: A.Duty Requirements - Employees on a stand-by status shall be required, at all times, to carry a functioning City-issued cell phone, 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. B.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 $200.00 for each seven day stand-by period. 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 25 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: 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. c)Employees are not allowed to smoke in City vehicles at any time. 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. 26 A.Vehicle “Take Home” Criteria: 1.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. 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. 27 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. ARTICLE XVII TUITION REIMBURSEMENT As set forth in the City’s Personnel Rules and Regulations, employees shall be reimbursed for tuition, registration fees and texts required for the eligible courses, up to Three Thousand Two Hundred and Fifty Dollars ($3,250.00). Expenses for parking, travel, lodging, meals, processing fees, transcript fees, materials and any other costs are not reimbursable. 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 XVIII 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. 28 ARTICLE XIX GENERAL CONDITIONS A. PEACEFUL PERFORMANCE 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.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. Alleged violations of this Section shall not be grievable under the grievance procedure contained herein. 29 ARTICLE XX COMPLETION OF BARGAINING With 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: __________________ ON BEHALF OF THE CITY OF LAKE ELSINORE _______________________________ Grant Yates, City Manager Dated:__________________ APPROVED AS TO LEGAL FORM _______________________________ Laura J. Kalty, LCW City Labor Relations Counsel Dated:__________________ Date: __________________ ON BEHALF OF LIUNA, LOCAL 777 ________________________ Rita Thompson, LIUNA 777 Lake Elsinore Chapter President and ______________________________ Paul Bechely, LIUNA 777 Labor Relations Representative 30 CITY OF LAKE ELSINORE MOU 2017-2021 / EXHIBIT B-1 LIST OF POSITIONS AND RANGES POSITION RANGE Account Specialist I 28 Account Specialist II 34 Account Specialist III 39 Accountant I 44 Administrative Assistant 44 Assistant Planner 51 Associate Civil Engineer 59 Associate Planner 57 Building Inspector 49 Chief Mechanic 57 Code Enforcement Officer I 41 Code Enforcement Officer II 47 Code Enforcement Supervisor 57 Community Development Technician 44 Community Development Technician II 49 Community Services Coordinator 47 Customer Service Specialist 29 Engineering Inspector 59 Engineering / NPDES Coordinator 52 Engineering Technician 44 Engineering Technician II 49 Equipment Operator 44 Graffiti Technician 36 POSITION RANGE I.T. Database Analyst 49 I.T. Technician I 44 I.T. Technician II 49 Information System Analyst 65 Lake Operations Supervisor 57 Lead Worker- Facilities 46 Lead Worker- Lake Operations 46 Lead Worker- Parks 46 Lead Worker- Street Operations 46 Maintenance Worker I 30 Maintenance Worker II 36 Mechanic 36 Office Specialist I 23 Office Specialist II 29 Office Specialist III 39 Parks & Recreation Analyst 57 Parks Specialist 44 Parks Supervisor 57 Public Works Supervisor 57 Recreation Supervisor 57 Senior Accountant 55 Senior Code Enforcement Officer 52 Senior Building Inspector 58 Senior Community Dev. Technician Senior Engineering Technician 54 Senior Lead Worker 52 Senior Planner 64 Special Events Coordinator 47 31 32 33 34 35 36 AGENCY SHOP SIDE LETTER OF AGREEMENT EXHIBIT C 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 employee's 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 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 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 37 (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 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 Precision 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. 38 5.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.] 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 Council Approval 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