CC RESOLUTION 4763RESOLUTION NO. 4763
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO CITY EMPLOYEES'
ASSOCIATION BARGAINING UNIT.
The City Council of the City of El Segundo does resolve as follows:
Section 1: Discussions which have taken place in the Meet and Confer Process have
resulted in a mutually agreeable Memorandum of Understanding between the City of El
Segundo and this Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum
of Understanding between the City of El Segundo and this Bargaining Unit. A copy of the
Memorandum of Understanding is attached as Exhibit "A ".
Section 3: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND ADOPTED this .17th day of November , 2011.
Eric . Busch,
Mayor
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 4763 was duly passed and adopted by said City Council, approved and
signed by the Mayor. and attested to by the City Clerk, all at a regular meeting of said
Council held on the -17 day of November, 2011, and the same was so passed and adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
Busch, Fisher, Jacobson
Fuentes
Brann
None
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 17th day of
November, 2011.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
"Exhibit A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO CITY EMPLOYEES ASSOCIATION
ARTICLE / SECTION NUMBER ............................................ ............................... PAGE
Article 1 - General Provisions
1.01
Preamble ......................................................................... ...............................
3
1.02
Conclusions and Term of Agreement ............................... ...............................
3
1.03
Implementation of Agreement .......................................... ...............................
3
1.04
Recognition ..................................................................... ...............................
4
1.05
Management Rights ........................................................ ...............................
4
1.06
Association Membership ..................................................... ..............................4
14
1.07
Organizational Security ........ ..............................4
16
1.08
Savings ........................................................................... ...............................
5
1.09
No Strike ......................................................................... ...............................
5
1.10
Non - Discrimination .......................................................... ...............................
5
1.11
Steward's Time ............................................................... ...............................
6
1.12
Association Administrative Time ......................................... ..............................6
19
1.13
Grievance Procedure ...................................................... ...............................
6
1.14
Layoff Procedure ............................................................ ...............................
9
1.15
Personnel Policies .......................................................... ...............................
11
Article 2 - Salaries and Benefits
2.01
Cost of Living Adjustment ....... ............................... ......... ...............................
2.02
Overtime /Compensatory Time ........................................ ...............................
12
2.03
Family Emergency Care Sick Leave Utilization ................. .............................12
2.04
Uniform Allowance and Replacement ............................. ...............................
13
2.05
Wellness Program .......................................................... ...............................
13
2.06
Employee Group Insurance Program ............................. ...............................
14
2.07
Retirement ..................................................................... ...............................
16
2.08
Differential Pay .............................................................. ...............................
17
2.09
Computer Purchase Program ........................................ ...............................
17
2.10
Sick Leave ..................................................................... ...............................
18
2.11
Flexible Spending Account ............................................. ...............................
19
2.12
Bereavement Leave /Emergency Leave ......................... ...............................
19
2.13
Step Advancement ........................................................ ...............................
19
2.14
Minimum Service with City of El Segundo to Receive
Pay for a Designated Percentage of Accumulated Sick Leave ......................
22
2.15
Worker's Compensation Provisions ............................... ...............................
23
2.16
Holidays ......................................................................... ...............................
23
2.17
Life Insurance ................................................................ ...............................
25
2.18
Vacation ........................................................................ ...............................
25
2.19
Vacation Time Accumulation and Sale ........................... ...............................
26
2.20
Vacation Time Accrual - For Temporary Industrial Disability .........................
26
2.21
Long Term Disability Plan ............................................... ...............................
26
2.22
Direct Deposit ................................................................ ...............................
26
2.23
Promotional Examinations .............................................. ...............................
26
2.24
Standby Duty ................................................................. ...............................
27
2.25
Educational Incentive Pay .............................................. ...............................
28
2.26
Longevity Pay ................................................................. ...............................
29
2.27
Class A and Class B Drivers License Pay ....................... ...............................
29
2.28
Paid Family Leave Benefits ............................................. ...............................
30
2.29
El Segundo City Employees Association Insurance ......... .............................30
Article 3 - Other Provisions
3.01
Drug Free Workplace Statement and Substance Abuse Policy ..................
30
3.02
Smoking Policy ............................................................. ...............................
30
3.03
Drug Free Workplace Statement and Substance Abuse
Policy.............................................................................. ...............................
30
3.04
Department of Transportation Drug Testing
Guidelines..................................................................... ...............................
31
3.05
Catastrophic Leave Bank Policy ....................................... .............................31
3.06
Occupational Illness & Injury Policy ..............................................................
31
3.07
Break Policy .................................................................... ...............................
31
3.08
Alternative Work Schedules ............................................ ...............................
32
3.09
Education Reimbursement .............................................. ...............................
32
3.10
Catastrophic Leave Bank ............................................... ...............................
33
3.11
Temporary Service in a Higher Classification .................... .............................34
3.12
Promotions .................................................................... ...............................
34
3.13
Termination Pay ............................................................ ...............................
34
3.14
Jury Duty ....................................................................... ...............................
34
3.15
Physical Examinations ................................................... ...............................
35
3.16
Joint Labor Management Team ..................................... ...............................
35
3.17
Disciplinary Action - Authority to Take ........................... ...............................
35
3.18
Street Maintenance Worker Duties ............................... ...............................
35
3.19
Work Schedules ............................................................. ...............................
36
3.20
Library Work Schedule ................................................... ...............................
36
3.21
No Layoffs .................................................................. ...............................
37
Appendix A - Bargaining Unit Classifications
2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO CITY EMPLOYEES ASSOCIATION
ARTICLE 1 - GENERAL PROVISIONS
Article 1.01 Preamble
This Memorandum of Understanding (hereinafter "MOU" or "Agreement ") is made and
entered into between the EL SEGUNDO CITY EMPLOYEES ASSOCIATION,
hereinafter referred to as "Association ", and the management representatives of the El
Segundo City Council, hereinafter referred to as the "City ", pursuant to the California
Government Code Section 3500 et. seq.
Article 1.02 Conclusions and Term of Agreement
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment and the benefits contained herein are given in
consideration for the various provisions contained herein which may be a change in the
prior employment practices of the City. Further, it is mutually agreed that this MOU shall
commence on October 1, 2011 and be effective through and including September 30,
2013 with an option of extending to September 30, 2014 solely by the Association. The
Association shall inform the City of its decision whether or not to extend the agreement
no later than March 30, 2013.
This MOU contains all of the covenants, stipulations and provisions agreed upon by the
parties relating to employee wages, hours and other terms and conditions of
employment. Therefore, for the life of this agreement, neither party shall be compelled
to meet and confer with the other concerning any mandatory meet and confer issue
which is covered by this Agreement. Except as set forth above, nothing herein shall be
construed as a waiver of the parties' rights to negotiate matters within the scope of
bargaining.
Notwithstanding any provisions of this MOU, the City can meet and consult with the
Association on the City's Personnel Rules and Regulations which are within the scope
of representation
Article 1.03 Implementation of Agreement
This MOU shall be jointly presented to the El Segundo City Council for implementation
along with all the ordinances, resolutions and such other additional actions as may be
necessary to implement the provisions of this MOU. If the City Council fails to adopt the
necessary ordinances and resolutions to implement the provisions of this MOU, the
parties agree to meet and confer.
Article 1.04 Recognition
The City hereby confirms its recognition of the Association as the exclusive
representative of employees in the general employees representation unit, and agrees
to meet and confer with the Association on all matters relating to the scope of
representation pertaining to the said employees as authorized by the law. The
appropriate unit represented by the Association is generally described as all full time
permanent and part-time permanent non - safety employees in the City's "classified
service," except Police Assistant 1 /11, Police Service Officer 1 /II, and those classes
defined as management/confidential or supervisory /professional. This recognition of the
Association shall not be subject to challenge except as provided under the provisions of
the City's Employer - Employee Organization Relations Resolution #3208. [This list of
classes within the bargaining unit is attached to this MOU as Appendix A.]
Article 1.05 Management Riahts
Except as limited by the speck and express terms of this MOU, the City hereby retains
and reserves unto itself all rights, powers, authority, duties and responsibilities
confirmed on and vested in it by the laws and the Constitution of the State of California
and /or United States of America.
The management and direction of the work force of the City is vested exclusively in the
City and nothing in this MOU is intended to circumscribe or modify the existing rights of
the City to direct the work of its employees; hire, promote, demote, transfer, assign and
retain employees in positions within the City, subject to the rules and regulations of the
City, discipline employees for proper cause; maintain the efficiency of governmental
operations; relieve employees from duties because of lack of work; take action as may
be necessary to carry out the City's mission and services in emergencies; and to
determine the methods, means and personnel by which the operations are to be carried
out, including the right to contract or subcontract any services performed by the City and
require overtime work by City employees.
Article 1.06 Association Membership
The City agrees to:
1. Provide official dues deductions for all employees who subscribe to
Association membership;
2. Provide official payroll deductions for approved Association insurance and
welfare plans, not to exceed five programs;
3. Provide the Association with a list of newly hired employees in the
representation unit monthly.
Article 1.07 Organizational Security
Upon approval of this Agreement by the El Segundo City Council, all unit employees
who voluntarily became members of the Association and those unit employees who
voluntarily become members of the Association during the term of this agreement shall
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remain members until the expiration of the agreement. Notwithstanding the above,
employees may terminate their Association membership within forty-five (45) calendar
days prior to the agreement expiration date. Effective June 12, 2001, a Letter of
Agreement between the El Segundo City Employees Association and the City of El
Segundo regarding implementation of Agency Shop provisions was signed by
representatives of the City and the Association. That Letter of Agreement is hereby
incorporated by reference into this Agreement. The Association 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 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 Association agrees to pay
any attorney, arbitrator or court fees related thereto.
Article 1.08 Savinas
If any provision or the application of any provision of this MOU as implemented should
be rendered or declared invalid by a final court action or decree or preemptive
legislation, the remaining sections of this MOU shall remain in full force and effect for
the duration of said MOU.
Article 1.09 No- Strike
The Association agrees that during the term of this MOU their members employed by
the City of El Segundo will not strike, or engage in any work stoppage or slow down,
engage in a concerted failure to report for duty, or fail to perform their duties in whole or
in part for the purposes of inducing, influencing or coercing a change in conditions, or
compensation, or the rights privileges or obligations of employment.
The Association also agrees that their members employed by the City of El Segundo
will not refuse to cross a picket line in the performance of their normal and customary
duties nor attempt to influence, either directly, or indirectly, the employees to honor an
existing picket line in the performance of their normal and customary duties as
employees.
Article 1.10 Non - Discrimination
The Association and the City recognize and agree to protect the rights of all employees
to join and /or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with Government Code Sections 3550
and 3511.
The City and the Association agree that they shall not illegally discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions
or affiliations and shall act affirmatively to accomplish equal employment opportunities
for all employees. The City and the Association shall reopen any provision of this
Agreement for the purpose of complying with any final order of the Federal or State
agency or court of competent jurisdiction requiring a modification or change in any
provision or provisions of this Agreement in compliance with State or Federal anti-
discrimination laws.
Article 1.11 Steward's Time
Upon timely request and for suitable reasons, the City Manager may authorize release
of the Association President or his /her authorized representative from normal duties to
assist in personnel matters involving Association members.
Article 1.12 Association Administrative Time
Association officers and board members will be allowed up to a total of 72 hours as a
group per year of administrative leave to attend Association and labor relations
seminars. All or part of these hours may be used for other conferences or seminars
with the approval of the City Manager.
Article 1.13 Grievance Procedure
The Association may grieve on behalf of an individual, group of employees or the
Association as a whole.
1. DEFINITION OF TERMS
A. Grievance - A grievance is an allegation of a violation,
misinterpretation or misapplication of a specific written
departmental or agency rule or regulation or a specific provision of
this MOU. A grievance is distinct from an appeal of discipline which
is covered by the Personnel Rules and Regulations (Rule 15 and
16).
B. Grievant - A grievant is an employee or group of employees
adversely affected by an act of omission of the agency.
b. Steps within the Grievance Procedures will be completed
within (10) ten working days.
C. Day - A day is a working day.
D. Immediate Supervisor - The first level supervisor of the grievant.
2. TIME LIMITS
A. Compliance and Flexibility - With the written consent of both
parties, the time limitation for any step may be extended or
shortened.
B. Calculation of Time Limits - Time limits for the appeal provided at
each level shall begin the day following receipt of a written decision
or appeal by the parties.
6
C. Failure to Meet Timeliness - Failure at any level of this procedure to
communicate the decision on a grievance by the City within the
specified time limits shall permit lodging an appeal at the next level
of the procedure within the time allotted had the decision been
given. If the grievance is not processed by the grievant or grievant
in accordance with the time limits, the decision last made by the
City shall be deemed final.
3. PROCEDURE
Grievances will be processed following the procedures set forth below.
A. Level I - Within ten (10) days of the date the employee reasonably
knew or should have known of the incident giving rise to the
grievance, the employee should make an effort to resolve the
grievance with the employee's immediate supervisor. The
supervisor shall hold discussions and attempt to resolve the
grievance within ten (10) days.
B. Level II - In the event such efforts do not produce a mutually
satisfactory resolution, the employee or employees aggrieved must
reduce their grievance to writing and file it with the immediate
supervisor. Under no circumstances shall the formal written
grievance be filed more than ten (10) days from the date the
employee knew or should have known of the incident giving rise to
the grievance.
Procedure for Filing a Grievance
In filing a grievance, the employee should set forth the following
information:
a. The specific section of the Memorandum of Understanding,
departmental or agency rules or regulations allegedly
violated, misinterpreted or misapplied.
b. The specific act or omission which gave rise to the alleged
violation, misinterpretation or misapplication.
C. The date or dates on which the violation, misinterpretation or
misapplication occurred.
d. What documents, witnesses or other evidence supports the
grievant's position.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the immediate
supervisor, the grievant may present the grievance in writing to the
department head within ten (10) days. The department head will
respond in writing within ten (10) days.
D. Level IV - If the grievance is not resolved by the department head,
the grievant may present the grievance in writing to the City
Manager within ten (10) days. The City Manager or designee will
conduct an informal hearing and render a decision. Each party
shall have the right to present witnesses and evidence, at the
hearing. The conclusions and findings of this hearing shall be final.
4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE
A. The grievance procedure is not intended to be used for the purpose
of resolving complaints, requests or changes in wages, hours or
working conditions.
B. The procedure is not intended to be used to challenge the content
of employee evaluations or performance reviews. An employee
may however, challenge the content of an evaluation by filing an
appeal to his /her department head. In the event that an employee
is directly supervised by a department head, the employee may
challenge the content of the evaluation by filing an appeal to
another department heard, who has been agreed upon by the
employee and his /her supervisor (department head). In either
event, the department head's determination shall be final, and thus
no further appeals will be permitted.
C. The procedure is not intended to be used to challenge the merits of
a reclassification, lay -off, transfer, denial of reinstatement, or denial
of a step or merit increase.
D. The procedure is not intended to be used in cases of reduction in
pay, demotion, suspensions or a termination which are subject to
the formal appeal process outlined in Ordinance 586 and the
Personnel Rules and Regulations.
5. CONFERENCES
Grievant(s) and City representatives, upon request, shall have the right to
a conference at any level of the grievance procedure.
6. WRITTEN MATERIAL
Copies of written material which may be used for disciplinary purposes
shall be provided to the employee prior to placement in their official
personnel file. The employee shall have the right to rebut any such
document and have the rebuttal attached to the document prior to it
becoming a permanent part of the employee's personnel file.
8
Article 1.14 Layoff Procedure
Grounds for Layoff - Whenever, in the judgment of the City Council, it
becomes necessary to reduce the workforce because of a lack of funds,
lack of work or reorganization, an employee may be laid off, reduced in
classification or displaced by another employee. Such layoff, reduction or
displacement shall result from action of the City Manager or his designee.
Such action shall not entitle the laid off, reduced or displaced employee to
a right of appeal. The City Manager shall recommend to the City Council
each classification to be affected by any such change.
2. Notice to Employees - The City shall notify the Association thirty (30) days
prior to the implementation of layoffs, to provide for adequate time to meet
and confer regarding the impact. An employee filling a full time position
shall be given fourteen (14) calendar days prior notice of lay off.
Employees transferred, reduced or displaced shall be given five (5)
calendar days notice. The City Council may approve a reduction in the
notice requirements, if so recommended by the City Manager.
3. At -Will Employees - The City Manager retains the right to layoff or alter the
work assignment of the following employees at any time without notice or
right of appeal: emergency employees, temporary or seasonal
employees, part-time employees, original probationary employees,
promotional probationary employees and employees designated as at -will.
The promotional probationary employee shall revert to his/her previously
held classification and position without loss of seniority.
4. Procedures for Layoff - A permanent employee in a classification affected
by a reduction in force shall be laid off based on seniority in City service,
that is the employee with the least City service shall be laid off first,
followed by the employee with the second least City service, etc. Seniority
shall be determined by hire date. Seniority shall mean full -time
employment in any classification in the City of El Segundo.
5. Breaking Ties - In cases where two or more employees have the same
date of hire (i.e. equal seniority), retention points for job performance shall
be credited on the basis of the average of the overall evaluation ratings for
the last three (3) years in a classification, provided the last rating had been
filed at least thirty (30) days prior to the date of the layoff notice.
Retention points are as follows:
"Unsatisfactory" Rating - 0 points
"Improvement needed" Rating - 6 points
"Satisfactory" Rating - 12 points
"Exceeds expectations" Rating - 18 points
"Outstanding" Rating - 24 points
9
In the event of a tie in seniority, the employee with the lowest average of
retention points shall be laid off first. In the event that one or more of the
affected employees do not have a sufficient number of performance
evaluations on file, ties shall be broken by a coin toss.
6. Reduction to a Vacant Position - An employee designated for layoff as a
result of abolition of a position or classification may be offered
appointment to a vacant position in a lower classification, if the employee
is qualified by education and /or experience for such position. If there is
more than one qualified employee to be offered such appointment(s), the
offer(s) shall be based on seniority, with the employee with the highest
seniority offered the position first, then the next highest, etc. If the
employees have the same seniority, then the procedure for breaking ties
set forth above shall apply. An employee accepting such appointment
shall be placed on the step for the lower classification most closely
corresponding, but in no case higher, than the salary step of his /her
previously held position, and the employee will be assigned a new salary
anniversary date on the effective date of the appointment.
7. Displacement Rights - An employee designated for layoff as a result of
abolition of a position or classification may displace ( "bump ") an employee
in a lower classification in which the employee has prior service, provided
the laid off has greater seniority than the employee in the lower
classification. Full -time members of the unit who are laid off will be
permitted to bump non - benefited temporary and part -time employees if a)
the classification is in the unit and b) the City determines that the laid off
employee is qualified for the temporary or part-time position. In such
cases, the full -time employee who has been laid off will assume temporary
or part-time status.
An employee who is bumped shall be laid off in the same manner as
employee whose position or classification is abolished.
8. Salary Placement - An employee who is assigned to a lower
classification as a result of a displacement (bump) shall be placed on the
step of the salary range of the new classification which is closest to the
compensation of the employee in the previous classification, but in no
case higher, and the employee will be assigned a new salary anniversary
date on the effective date of the appointment. The employee shall,
however, retain seniority while his/her name remains on reemployment list
or lists.
9. Re- Employment List - The names of permanent employees who have
been laid off under this section (including employees who have bumped
down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for
which the employee is qualified by education and /or experience. Persons
on such lists shall retain eligibility for appointment therefrom for a period of
10
three years from the date their names were placed on the list. As a
vacancy within a classification or lower related classification becomes
available, the name appearing at the top of the list shall be offered the
opportunity to fill the vacancy. The name of an individual selected from
the list to fill the vacancy who refuses the re- employment offer shall be
permanently removed from the re- employment list without right of appeal.
Laid -off employees do not earn seniority credit or benefits while on the re-
employment list.
10. Rights on Re- Employment - If a person is reemployed by the City within
three years, the employee's seniority, sick leave and vacation accrual
rates shall be reinstated. Any accumulated sick leave and /or vacation
earnings shall also be reinstated to the extent that the employee did not
receive compensation for such earnings at the time of lay off. Upon
reemployment, employees will be placed on the same salary step held at
the time of lay off.
Article 1.15 Personnel Policies
Overtime Distribution - The City shall assign overtime work as equitably as
possible among all qualified employees in the same classification in the
same organizational unit. Such overtime work shall to the extent possible
be assigned on the basis of volunteers. In the assignment of overtime
under this provision, however, management may consider special skills
required to perform particular work.
2. Good Friday - Employees shall be entitled to use vacation time for leaves
with pay on Good Friday provided such absences are scheduled and
approved by the City.
ARTICLE 2 - SALARIES AND BENEFITS
Article 2.01 Cost of Livinsa Adjustment
If general fund actual core gross revenues increase by $1.5 million or more in fiscal year
2011 -12 compared to fiscal year 2010 -2011 and /or by $1.5 million in fiscal 2012 -13 as
compared to 2011 -12, then the employees covered under this MOU will be entitled to a
COLA increase effective the pay period including October 1 of the fiscal year
immediately following the qualifying fiscal year(s). In other words, if the general fund
actual core gross revenues in fiscal year 2011 -12 and /or 2012 -13 are $1.5 million or
more greater than those in the previous fiscal year, the COLA increase will take effect
October 1, 2012 and /or 2013. The amount of the COLA increase will be based upon
the percentage increase in the Consumer Price Index (CPI -U) in the Los Angeles -
Riverside- Orange County geographic area for the twelve month period ending the most
recent August 31. General fund core gross revenues for this section shall mean all
revenues except Net of All Transfers, other Licenses and Permits (account numbers:
3400 -3499) and Charges for Services (account numbers: 3800 - 3899).
11
Article 2.02 OvertimelComuensatory Time
Overtime Calculation - An employee who is required to work more than
forty (40) hours during any given work week shall be compensated at the
rate of one and one -half times his /her regular rate of pay. The City, for
purposes of calculating overtime pay, will include holiday, compensatory
time and pre- approved vacation leave as time worked. Sick leave will not
be considered as time worked for purposes of determining eligibility for
overtime pay.
2. Compensatory Time - Employees may substitute compensatory time for
overtime pay if approved by their Department Head as follows:
A. The employee can maintain up to eighty (80) hours of accrued
compensatory overtime at any one time, and carry over unused
time from year to year.
B. The employee may use compensatory time in conjunction with
normal vacation time with prior approval of their Department Head.
C. The employee can use up to forty (40) hours of compensatory time
at any one time.
3. Cash in of Compensatory Time — Employees may cash in accrued
compensatory time, once per calendar year, at the employee's current
base rate of pay, by notifying the payroll division of their intent to do so no
later than November 20th. Payment to the employees will be made on or
about the 10th of December.
4, Recall Minimum Hours - Employees who are required to return to work at
a time other than their scheduled work day shall be compensated for a
minimum of four (4) hours work.
Article 2.03 Family Emeruencv Care Sick Leave Utilization
The City shall comply with the Federal and State regulations of the Family and Medical
Leave Act. Affected employees shall be entitled to utilize six (6) days of accumulated
sick leave per calendar year for providing immediate family medical necessity- related
care. "Immediate family" shall be defined as including children, parents, siblings,
grandparents of the employee, the employee's spouse, domestic partner or significant
other. Utilization of said sick leave shall be contingent upon the employee making
application for sick leave use and providing his/her department head with
documentation evidencing that the sick leave is to be distributed because of an
immediate family member receiving medical attention by any type of health care
provider.
12
Article 2.04 Uniform Allowance and Replacement
The City shall pay uniform, clothing, and personnel equipment allowance as follows:
A. Police Cadet, Crime Scene Investigator 1 /II and Fire Prevention Specialist - $240
per year or equivalent per month of active duty.
B. Newly appointed Police Cadets shall be provided with a uniform advance of $110
and $75, respectively, at the time of appointment.
C. The City reserves the right to provide uniforms in lieu of the allowances provided
for herein. Affected employees occupying the classifications of Police Cadet,
Crime Scene Investigator 1 /II and all Fire Prevention Specialist classifications
shall have unserviceable uniforms replaced by the City by means of the
replacement policies and procedures applicable to sworn uniformed City police
personnel. Said replacement policy shall be in addition to any uniform
maintenance allowance paid to affected employees.
The City shall provide rain gear for Building Inspectors 1 /II and shall additionally provide
safety shoes in an amount not to exceed $100.00 (pre -tax) per 12 -month period for
those individuals required by the City to wear safety shoes. The City shall contract with
a vendor for provision of said safety shoes and the affected employees shall be required
to obtain the shoes from said vendor unless it can be demonstrated to the satisfaction of
the employee's department head that the vendor does not have footwear which is
usable by the employee. Upon receipt of written authorization from the department
head to do so, the employee may in such case purchase safety shoes at a location of
his/her choice, subject to the maximum $100.00 pre -tax City contribution. Requests for
an additional shoe allowance when such individuals have wom or damaged safety
shoes shall not be unreasonably denied. If denied, the reason for such denial shall be
provided in writing to the employee.
Employees occupying the following classifications shall have uniforms and shoes
provided:
All Maintenance Worker 1 /II a
Custodian
Meter Reader /Repairer
Facilities Systems Mechanic
Tree Maintenance Worker
Article 2.05 Wellness Program
nd Leadworker Classifications
Building Inspector 1 /II
Equipment Mechanic 1 /II
Maintenance Craftsworker
Senior Park Maintenance Worker
The parties shall create during the term of this Agreement a joint labor- management
"wellness committee ", the purpose of which shall be to inform and educate unit
members as to manners in which individual lifestyles can be adjusted to promote health
and fitness. Any and all recommendations of the committee shall be advisory only and
the composition of the committee shall be as agreed upon by the parties in accord with
future organizational meetings to be coordinated by representatives of management
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and labor.
Article 2.06 Employee Group Insurance Programs
Medical
A. Effective January 1991, the City will contract with the California
PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
B. Effective January 1, 2005, the City's contribution for medical and
mental health insurance will be equal to the premium cost of full
family coverage for the average of the HMO's available to all PERS
covered employees in Los Angeles County or $807 /month,
whichever is higher. (This amount will be known as the "2005
formula ".) Effective January 1, 2006, the City shall pay for 80% of
the increased premium which exceeds the formula set forth above.
Employees shall be responsible for the remaining 20 %. (For
example, if the premium increase for the average cost of the HMO
plans increases by 10% over the anticipated 2005 average
premium of $757.29 /month (ie., an increase of $75.73 /month to
$833.02 /month), the City would pay up to $827.82/month ($807
plus 80% of the increase above $807) and the employee would pay
the remaining $5.20 /month).
Effective January 1, 2007; the City's maximum contribution shall be
the 2005 formula, the 80% contribution for 2006, plus 80% of the
increased premium which exceeds the 2005 contribution. (For
example, if the premium increase for the average cost of the HMO
plans increases by another 10% over the hypothetical 2005 rate of
$833.02 /month (ie, an increase of $83.30 /month to $916.32
/month), the City would pay up to $894.46 /month ($807 + $20.82 +
$66.84 ) and the employee would pay the remaining $21.86 /month.
Effective January 1, 2005, employees may opt out of insurance and
receive $250 /month in cash. The opt out benefit is only available
so long as the city's insurance rate is not adversely affected by the
"opt out ". The employee must provide verification of alternative
coverage in order to opt out and is responsible for the tax
consequences of the cash payment. The cash benefit is not
subject to PERS retirement credit.
C. Effective January 1, 2012, the City Contribution towards medical
insurance and EAP premiums will be $1,096.36 /month.
Effective January 1 of each year of the contract, the City
Contribution towards medical insurance and EAP premiums will
increase by 50% of the annual increase in the average HMO family
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coverage rate.
The "average HMO family coverage rate" is calculated by taking the
average of each Los Angeles Area (Los Angeles -San Bernardino-
Ventura) family- coverage premium amount for all HMO plans
offered through the PERS Health Program.
The following hypothetical calculation for the 2013 City Contribution is used for
illustration purposes only:
Sample Calculation for 50% of annual increase in the average HMO family coverage
rate:
Sample Calculation for City Contribution:
2012 City
Contribution
2012 HMO family
2013 HMO
$1,096.36
+ $15.00
-$1.111.36
coverage
family coverage
premium rate
premium rate
Blue Shield HMO
$1327.87
$1355027
Blue Shield HMO
Net Value
$1,142.05
$1,170.46
Kaiser HMO
$1,210.64
$1,244.82
Annual Increase
50% of
(2013 Average —
Annual
2012 Average)
Increase
Average:
$1,226.85
$1,256.85
$30.00
$15.00
Sample Calculation for City Contribution:
2012 City
Contribution
Add 50% of annual
increase
2013 City
Contribution
$1,096.36
+ $15.00
-$1.111.36
D. Effective upon City participation in the Public Employees' Medical
and Hospital Care Program the City will initiate a future retiree
health insurance contribution program for retirees who participate in
the Public Employees' Medical and Hospital; Care Program. The
program will provide for the following maximum contributions:
Year of Retirement Amount of Monthly Contribution
1991 * $16.00
1992 * 25% of City Contribution made for
employee with coverage which is
the same as that of the retiree.
1993 * 50% "
1994 * 75% "
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1995 * 100% "
*Should the contribution listed be less than $75.00 the retiree shall
receive $75.00.
Employees must have a minimum of five (5) years of service with
the City in order to be eligible for paid retiree medical insurance.
E. Effective October 1, 2007, the maximum future City contribution for
medical insurance, for both active employees and retirees, shall be
$1600 per month.
2. Dental
During the term of this agreement, the City will pay the premium for City
contracted dental insurance for employees and eligible dependents. The
City's aggregate contribution for current dental, optical and life insurance
shall be capped at $135.00 per employee per month
3. Optical
During the term of this agreement, the City will pay the premium for City
contracted optical insurance for employees and eligible dependents. The
City's aggregate contribution for current dental, optical and life insurance
shall be capped at $135.00 per employee per month.
Article 2.07 Retirement
The City shall provide as deferred compensation a set dollar amount to be
paid toward the employee's contribution to the Public Employees'
Retirement System. The dollar amount to be paid as deferred
compensation for the term of this agreement shall be an amount equal to
four percent (4 %) of the sum of the total earnings less than $133.33 per
month. Total earnings less deferred pay and special compensation as
defined by CalPERS equals base pay. The City agrees to pay on behalf
of the employees covered under this agreement the member contribution
on shift differential, uniform allowance and uniform replacement when
such benefits are includable as additional compensation for PERS
purposes.
Effective the pay period beginning November 5, 2011 through the end of
the contract only (September 30, 2013 or 2014), employees agree to pay
three percent (3 %) (pre -tax) of the employee contribution. If in the future
the City's Employer share for the City's 2 % @55 Miscellaneous Retirement
Tier, i.e. PERS rate, returns to the FY 2010/2011 percentage or lower, all
represented classifications will receive a three percent (3 %) COLA
increase to base salary.
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2. Effective January 1, 1992 the City's contract with the California Public
Employees' Retirement System was amended to add Section 20024.2,
One -Year Final Compensation.
3. The City has amended its contract with the Public Employees' Retirement
System (PERS) to provide eligible employees with the benefits of the 2%
at age 55 (Modified) retirement plan in accordance with Government Code
Section 21354.
(b) Tier 11— As soon as practicable, the City shall amend its contract with
the California Public Employees' Retirement System (PERS) to implement
the 2 %@60 retirement formula in accordance with Government Code
Section 21353. This new formula shall apply to employees hired on or
after the effective date of the PERS contract amendment. Implementation
of the PERS contract amendment is contingent upon all "local
miscellaneous" employees in the City agreeing to the Tier II retirement
formula.
4. Effective April 12, 2008, the City's contract with the California Public
Employees' Retirement System and the City Council, City of El Segundo
was amended to provide Section 21548, "Pre-Retirement Optional
Settlement 2 Death Benefit" for bargaining unit members (local
miscellaneous members).
Article 2.08 Differential Pay
Shift Differential — Employees shall be entitled to shift differential pay of
ninety cents ($.90) per hour for the total number of hours worked during
their scheduled shift when a minimum of four (4) hours of an employee's
scheduled shift occurs between the hours of 5:00 p.m. and 6:00 a.m.
Employees who work overtime shall not be entitled to shift differential pay
for hours in which they receive overtime pay.
Article 2.09 Computer Purchase Proaram
Contingent upon the City determining that sufficient funds exist for said
purpose, provision to each affected employee of a maximum $4000.00
cumulative interest free loan for an initial purchase of personal computer
hardware, software and ergonomic- related furniture and equipment. An
employee with an outstanding balance on a prior computer loan as of July
1, 1998 will have that amount currently due from the previous loan
subtracted from the amount the employee can borrow interest free under
this program.
2. Subsequent loans or amounts in excess of the above maximum interest
free loan, would be at an interest rate of 3 %. All loans would include a 35-
month repayment term.
3. Anti -virus software shall be required as a prerequisite in granting
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requested loans.
4. The City's determination in this regard is not subject to administrative or
judicial appeal. Loans shall be repaid through payroll deductions over a
three year period. Outstanding loan balances must be paid off at the time
an employee separates from City service and the City shall be authorized
to recover any loan balance by making deductions from the employee's
final check.
5. The City would retain title, as security, to any equipment purchased with
funds from the above described loans, until such time as the loan is fully
paid off. The City is to be notified of any exchange or updating of
equipment.
Article 2.10 Sick Leave
1. Sick Leave Accumulation - Employees shall receive one (1) eight (8) hour
day accumulation for each month's service not to exceed a maximum of
600 hours. Current employees with more than 600 hours of accumulated
sick leave will be allowed to utilize that amount as their personal sick leave
cap throughout the remainder of their service with the City.
2. Sick Leave Payment Upon Separation - Affected employees having a
minimum of 5 years of service will be paid for 50% of their unused sick
leave upon death or termination. Employees shall receive 100% of their
unused sick leave upon a service or disability retirement.
I Sick Leave - Payment of One -Half of Accrual - On the first day of
December of each year, employees who maintain a balance of 600 hours
of sick leave accrual shall be paid for (100 %) of sick leave accumulated
and not used during the preceding twelve -month period. Payment shall be
made on or before December 10th.
4. Sick Leave Accrued - Payment on Termination Prior to December 1 st -
Employees who terminate prior to the first day of December while
maintaining a balance of more than 600 hours of sick leave shall also be
paid seventy percent (70 %) of their unused accrued sick leave
accumulated since the preceding December 1st.
5. Sick Leave Certification - Any employee taking sick leave shall, upon his
or her return to work, sign a statement certifying the reasons for such sick
leave. Employees absent five or more consecutive working days, or four
consecutive working days for employees assigned to a four -day ten -hour
working schedule must submit a statement from a doctor that the
employee was under his care and is able to return to work. Upon the
recommendation of a Department Director or his/her designee the City
Manager or the Director of Human Resources may, before allowing such
leave or before permitting an employee to return to work, require
submission of a doctor's certificate for any absence. Any employee who
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makes a false claim to sick leave or who refuses to cooperate in an
investigation by the City of his or her claim shall be subject to disciplinary
action.
In addition to the above, effective January 1, 2001, after an employee has
used seventy -two (72) hours or more of sick leave during the employee's
12 -month annual performance evaluation period, the employee's
department head may require, for each sick leave absence thereafter
during the year, that the employee provide a statement from a doctor
verifying that the employee was under a doctor's care during the absence
and that the employee is now able to return to work. In accordance with
Labor Code Section 234 use of family sick leave will not be included when
determining whether an employee has exceeded the 72 hour threshold set
forth above.
6. Sick Leave Requests - Requests for sick leave benefits will not
unreasonably be denied. Employees agree not to abuse the use of sick
leave.
Article 2.11 Flexible Spendina Account
The City will implement a Flexible Spending Account pursuant to the terms and
conditions of this plan no later than January 31, 1989.
Article 2.12 Bereavement Leave /Emergency Leave
Bereavement Leave - Employees shall be entitled to three (3) days of
bereavement leave with pay per incident which shall be increased to one
work week per incident in those circumstances where travel to a funeral or
other memorial proceeding is 500 or more miles one way as measured
from the El Segundo City Hall. Additionally, the definition of the
"immediate family" whose funeral or memorial proceeding qualifies for the
use of bereavement leave, shall include the children, parents, siblings,
grandparents of the employee, the employee's spouse or significant other.
2. Personal Emergencies - Employees, upon request, shall be entitled to
utilize vacation, Personal Leave Day /Floating Holiday or accumulated
compensatory time off for bona fide and substantiated personal
emergencies, i.e. serious illness of immediate family members, and cases
of extreme and unusual hardships of an emergency nature. In certain
circumstances, notification requirements may be waived.
Article 2.13 Step Advancement
Step Advancement Basic Salary Schedule - The advancement of a new
employee from Step A shall be on the new employee's anniversary date
which is established as the day immediately following satisfactory
19
completion of his or her first six months' service; Steps B, C, and D
contemplate one year's service in each of such classification subject to the
limitation of Section 6 below and the advancements therefrom shall be on
the anniversary date of the employee; Step E contemplates continued
service in such classification until further advancement is indicated by
reason of longevity.
Notwithstanding the above, a supervisor may recommend to the
department head that an employee receive an accelerated advancement
of part or all of the next salary step B, C, D, or E (excluding Longevity Pay
), based on exemplary job performance. If the department head concurs,
he /she shall submit a written report on the prescribed form to the Director
of Human Resources citing specific examples of work performed by the
employee that consistently exceeds expectations and warrants approval of
part or all of the next salary step prior to the employee's anniversary date.
The Director of Human Resources shall submit the request along with a
recommendation for action by the City Manager. Recommended
accelerated salary increases shall be in whole percentages ranging from
1 -5 %. An employee may receive more than one salary step
advancement, but in most cases the total granted shall not exceed 5% in a
twelve (12) month period. The accelerated salary advancement(s) shall
not change the affected employee's anniversary date. In no case shall an
employee receive compensation that exceeds the E -step of their
respective salary range.
2. Class Series Classifications - Notwithstanding the provisions of Section 1,
the following classes:
Accounts Specialist 1 /11
Building Inspector 1 /II
Crime Scene Investigator 1 /11
Equipment Mechanic 1 /II
Library Clerk 1 /11
License Permit Specialist 1 /11
Office Specialist 1 /11
Park Maintenance Worker 1 /II
Public Works Inspector 1/11
Street Maintenance Worker 1 /II
Wastewater Maintenance Worker 1 /II
Water Maintenance Worker 1 /II
The classifications listed above shall be described as class series
classifications and shall be paid at either of two different salary range
levels assigned to each class.
In each of these classes, entry level may be made at two different work
performance, skill, and assigned responsibility levels corresponding to the
two different salary range levels. When entry is made at Level I, the
employee shall progress through steps of the range assigned to that level
in the manner described in Section 1, except as noted below. When entry
20
is made at Level II, the employee shall advance through the steps of the
range assigned to that level in the same manner as described in Section
1.
Every person employed at Level I shall be eligible to advance to Level Il
without regard to the number of other employees at either of the levels or
budget limitations. To assure the latter, class series positions shall be
budgeted at Level II in all cases. Merit considerations, as clarified by the
factors listed below, shall be the exclusive basis for advancement to Level
II.
When a person is employed at Level I, such employee may be advanced
to Level II upon a determination by the Department Head and approval of
the Director of Human Resources that the employee's work performance,
skill development, and demonstrated ability to perform higher level duties
causes his /her assignment to Level II to be appropriate. No employee
shall be advanced to Level II without such an evaluation.
In making the determination to advance to Level II according to the above -
noted factors, such determination shall not be made simply by subjective
evaluation but shall be upon a finding that the employee's work
performance meets specific criteria developing from the following factors,
among others deemed appropriate:
Length of service at Level I;
Acquisition of specialized skills required of the position;
Achievement of specific job - related goals and objectives during a
specified period of time;
Increased ability to work without close supervision;
Ability to exercise increased individual judgment;
Ability to provide leadership and guidance to less experienced
employees;
Ability to understand and properly apply departmental rules;
Ability to produce work which is acceptable both in terms of quality
and quantity and which represents at least the average level of
work produced by other Level II employees.
Specific criteria for advancement within a class series shall be prepared
jointly by each Department Head and the Director of Human Resources.
Such criteria shall be approved by the City Manager. No employee shall
be advanced from Level I to Level II except upon recommendation of the
Department Head and approval of the City Manager.
Whenever an employee is moved from Level I to Level II, such employee
shall be compensated at the lowest rate of compensation provided for in
the higher Level II salary range which exceeds by not less than five
21
percent the rate of compensation received by said employee at the time of
assignment to Level II, unless otherwise ordered by the City Council.
While occupying a position assigned to a class series classification, an
employee shall serve only one probation period.
3. Longevity Achievement on Merit - Employees to whom this Chapter
applies who are eligible to receive longevity pay shall receive longevity
pay based upon an overall rating of "standard" or higher as determined by
the employee's performance evaluation. If the employee fails to qualify for
longevity pay because of failure to have attained a "standard" or higher
rating, and the employee's overall performance subsequently improves to
at least a "standard" level, the longevity pay increase shall be granted
upon the issuance of a satisfactory performance report.
4. Step Advancement - Anniversary Date - An employee advanced from any
range to another range of the Basic Salary Schedule shall receive a new
anniversary date which is the date of the change. If the employees
anniversary date falls in the first week of the pay period, the effective date
of the increase will be the first day of that pay period; if the effective date
falls on the second week of the pay period, the effective date of the
increase will be the first day of the following pay period. Other changes in
salary, unless specifically directed by the Council or as provided in Section
6 shall not change the anniversary date, except for promotions made in
accordance with the Personnel Merit System Ordinance or the Personnel
Rules and Regulations. The City Council reserves the right, at any time,
and in its sole discretion, to change the range number assigned to any
officer or employee and to determine the particular step in any range
number which is to be thereafter assigned to any such officer or
employee, subject to meet and confer with the Association.
Notwithstanding the above, an employee in a classification under Section
2 shall not be assigned a new anniversary date when he /she is advanced
from Level I to Level II in that same classification.
5. Increases on Merit - Basic Salary Schedule - An employee shall be eligible
for advancement to a higher step on the basis of service time as described
in Section 1 and satisfactory performance of duties. An employee will be
presumed to merit an increase unless his or her Department Head, with
the concurrence of the Director of Human Resources, notifies the
employee in writing no later than the end of the pay period which begins
after said employee's anniversary date that the increase should be
withheld, stating reasons. The reasons shall be provided to the employee
in writing. If the employee's performance subsequently improves to a
satisfactory level, the step increase will be granted and the date of
increase will become the employee's anniversary date.
Article 2.14 Minimum Service with City of El Segundo to Receive Pay for a
Dealanated Percentage of Accumulated Sick Leave
22
Employees who retire must have been employed for a minimum of five (5) years with
the City of El Segundo in a classification covered by this Agreement in order to receive
pay for unused sick leave balance.
Article 2.15 Workers' Compensation Provisions
Permanent employees who are members of the Public Employees' Retirement System
and who receive injuries that are compensable under the California Workers'
Compensation Laws (other than those to whom the provisions of Section 4850 of the
Labor Code apply) shall be entitled to receive:
1. Seventy -five percent of the employee's regular salary for any so- called
waiting period provided for in the Workers' Compensation Laws.
2. Thereafter, for a period of up to one year, or until earlier retirement on
disability pension or a finding of permanent and stationary disability by a
medical doctor, the difference between seventy -five percent of the
employee's regular monthly salary and the amount of any temporary
disability payments under the California Workers' Compensation Laws.
Such payment shall cease when the employee receives a permanent
disability award or is physically able to return to work.
3. These payments shall be provided without deductions for State or Federal
Income Taxes, to the extent allowable by the Internal Revenue Service.
Article 2.16 Holidays
1. Holiday Schedule - The following Days shall be considered as holidays for
City employees:
January 1st
The third Monday in January (Martin Luther King Jr. Day)
The third Monday in February (President's Day)
The last Monday in May (Memorial Day)
July 4th
The first Monday in September (Labor Day)
November 11th (Veteran's Day)
Thanksgiving Day
December 24th
December 25th
December 31 st
23
2. Effective October 1, 2011, the Friday after Thanksgiving is removed from the
list of observed holidays, except for employees who are regularly scheduled
to work on Fridays.
3. Members of this unit assigned to work a 4/10 schedule shall have holidays
paid in 10 -hour increments, consistent with daily work hours. Employees with
an approved work schedule pursuant to Article 3.19 or 3.20 of this MOU
will have holidays paid consistent with their approved daily work hours.
4. Floating Holidays
(a) In the event any of the above Holidays falls on a Sunday, the Holiday
shall be observed on Monday. If the Holiday falls on a day an employee is
regularly scheduled to be off duty, e.g. a Friday or Saturday for employees
working a 4/10, Monday- Thursday schedule, the employee shall earn ten
(10) hours of Floating Holiday —or- in another increment if the work
schedule assigned is pursuant to Article 3.19 or 3.20 which results in daily
work hours other than ten (10).
(b) Members of this unit were previously given thirty two (32) hours of
Floating Holiday based on the 2011 holiday schedule (issued January
2011). An additional eight (8) hours of Floating Holiday shall be added to
each employee's leave bank for the remainder of calendar year 2011.
Hours shall be credited the pay period after Council approval of this MOU.
(c) Beginning January 1, 2012, Floating Holiday hours shall be credited to the
employee's leave bank at the beginning of the pay period which includes
the holiday.
(d) Floating Holiday hours may not be carried over to the following calendar
year. However, Floating Holiday hours earned during the months of
November and December only, may be carried over to the next calendar
year but must be used by October 31St of that year. This applies to the
one -time additional eight (8) hours of Floating Holiday provided under 4(b)
above.
2. Holiday Pay - If an employee is required to work upon a City Holiday, he or
she shall be entitled to time and one -half for such work in addition to the
straight time holiday pay described in 2.16(3) above.
3. Personal Leave /Floating Holiday - In addition to the holidays enumerated in
Article 2.16, each employee who has completed six months of service shall
be entitled to select one ten (10) hour day per calendar year —or- in another
increment if the work schedule assigned is pursuant to Articles 3.19 or 3.20
which results in daily work hours other than ten (10), as a Personal Leave
Day /Floating Holiday with the approval of the employee's supervisor after a
minimum of seven days prior notice. The Personal Leave /Floating Holiday
24
shall be credited to the employee's leave bank every January. Employees
hired on or after July 1 will receive the Personal Leave /Floating Holiday and
may use this time prior to completing six (6) months of service with supervisor
approval —or- carry over the hours to the next calendar year to be used by
March 31 "t of that year.
Article 2.17 Life Insurance
The City will provide a $30,000 Life Insurance policy for each employee.
Article 2.18 Vacation
Employees shall receive either:
ORIGINAL ACCRUAL SCHEDULE
1. Twelve working days per year with full salary for the first seven years of
continuous service with the City.
2. Seventeen working days per year with full salary after seven years and
until the completion of fourteen years of continuous service.
3. Twenty-two working days per year with full salary after fourteen years of
continuous service.
X0
ALTERNATIVE ACCRUAL SCHEDULE
1. Twelve days per year from commencement of the first year of service t
through and including completion of the fifth year of service.
2. Fifteen days per year upon commencement of the sixth year of service
through and including completion of the tenth year of service.
3. Eighteen days per year upon commencement of the eleventh year of
service through and including completion of the fifteenth year of service.
4. Twenty -two days per year upon commencement of the sixteenth year of
service and for all years of service thereafter.
An employee desiring to participate in the "alternative" accrual schedule shall so
advise Human Resources Department in writing of their election, no later than
October 19, 1994. Failure to advise of an election to accrue vacation pursuant to
the alternative schedule shall result in the employee continuing to accrue
vacation on the "original" schedule. An election to accrue vacation on the
alternative schedule or maintenance of accrual pursuant to the original schedule,
shall be irrevocable.
25
For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall
accrue on a monthly basis. Vacation leaves may be taken only after an employee has
completed six month's continuous service (although still on probation).
Article 2.19 Vacation Time Accumulation and Sale
Vacation time shall be accumulated from date of last continuous permanent
employment. All vacation shall be taken at such times as are agreeable to the head of
the department and approved by the City Manager. Earned vacations shall not be
accumulated for a longer period than for two years' service.
For the duration of this agreement only, an employee may sell back up to twenty five
percent (25 %) of his/her annual vacation accrual, to which they are entitled by length of
service. Each employee may sell back vacation once per calendar year and only during
the first two -weeks of December.
Article 2.20 Vacation Time Accrual - For Temporary Industrial Disability
Notwithstanding the provisions of Article 2.19, employees on temporary industrial
disability may accrue vacation time for longer than two years.
Article 2.21 Long Term Disability Plan
The City will add all unit members to its currently existing Long Term Disability Plan.
Article 2.22 Direct Deposit
It is agreed between the City and Association that it is in the mutual interest of the City
and its employees that all covered employees utilize the currently available direct
deposit system. Employees who do not desire to utilize direct deposit shall make their
wishes known in writing to the City's Director of Human Resources, together with a
statement of their reasons therefore. Requests for exceptions to this direct deposit
policy shall not be unreasonably denied.
Article 2.23 Promotional Examinations
For the purpose of interpreting Section 1-6 -9 (B) of the El Segundo Municipal Code,
entitled "Examinations ", the City agrees that a sufficient number" shall be three (3)
eligible, quantified applicants who have indicated an interest in a particular promotion in
writing to the Director of Human Resources. Examinations may be specked by the
Personnel Officer, as promotional only, as open only, or as both open and promotional.
26
Article 2.24 Standby Duty
Standby duty is the time that employees, who have been released from
duty, are specifically required by their supervisor to be available for return
to duty when required by the City. During standby, employees are not
required to remain at their City work station or any other specified location.
Standby duty employees are free to engage in personal business and
activities. However, standby duty requires that employees:
A. Be ready to respond immediately.
B. Be reachable by paging device or telephone. The City may, in its'
discretion, provide a paging device, e.g., a beeper, to an assigned
standby duty employee.
C. Be able to report to work within one (1) hour of notification.
D. Refrain from activities which might impair their ability to perform
assigned duties. This includes, but is not limited to, abstaining from
the consumption of any alcoholic beverage and the use of any
illegal drug or incapacitating medication.
E. Respond to any call back during the assigned standby duty.
2. As with any City equipment, any paging device assigned to an employee
is the responsibility of the standby employee during standby assignment.
The employee is liable for loss or damage to the paging device, which is
caused by the employee's negligence or intentional acts.
3. Failure of an employee to comply with the provisions of standby duty may
subject the employee to discipline, up to and including termination of
employment with the City.
4. For each assigned period of standby duty employees shall be provided
two (2) hours of pay per day.
5. Employees recalled to duty shall receive a minimum of four (4) hours of
recall pay.
6. An employee who uses sick leave or vacation leave during a standby
period, occurring on or after, October 15, 2000, shall not be provided any
form of compensation for the standby period, unless the employee's
department head approves, in writing, the provision of the normal standby
period compensation.
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Article 2.25 Educational Incentive Pay
Eligible employees shall be entitled to receive educational incentive pay. The
educational incentive shall be as shown below and shall be paid at the same times and
in the same manner as base salary. Educational incentive pay is reported as
compensation to PE RS. (Revised October 2011).
A. Education Pay
Eligibility for educational incentive pay is limited to those employees who (a) are
working in a job classification that does not require a bachelor's degree or higher
degree to qualify for the classification, (b) were awarded a bachelor's degree on or after
October 15, 2000, and (c) were awarded such degree in one of the majors of public
administration, business administration, engineering, or other job - related major, which
had been approved by the department head, in writing, prior to admission of the specific
employee into that major. Bachelor degrees awarded prior to October 15, 2000 cannot
be used to fulfill the requirements above.
Job Classifications Occupying Salary Grades 11 -19:
$
219.64 /month
Job Classifications Occupying Salary Grades 20 -29:
$
281.16 /month
Job Classifications Occupying Salary Grades 30 -39:
$
334.21 /month
If during the term of this Agreement a job classification is assigned a salary grade
higher than 39, the flat dollar monthly amount of education incentive pay for the
employee shall be equivalent to five percent (5 %) of the base salary E Step of the
salary grade.
B. Certification Pay
Employees in the following job classifications shall be entitled to certification pay for
obtaining and maintaining a certification above the level required on the City Council
approved class specification:
Meter Reader /Repairer
Street Maintenance Leadworker
Tree Maintenance Worker
Wastewater Maintenance Leadworker
Wastewater Maintenance Worker II
Water Maintenance Leadworker
Water Maintenance Worker II
Job Classifications Occupying Salary Grades 11 -19:
$ 219.64 /month
Job Classifications Occupying Salary Grades 20 -29:
$ 281.16 /month
Job Classifications Occupying Salary Grades 30 -39:
$ 334.21 /month
Eligible certifications) will be determined by the employee's Department Director.
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If during the term of this Agreement a job classification is assigned a salary grade
higher than 39, the flat dollar monthly amount of certification pay for the employee shall
be equivalent to five percent (5 %) of the base salary E Step of the salary grade
Article 2.26 Lonnevity Pay
Effective October 1, 2005, employees shall be entitled to the following longevity pay
based on years of service with the City of El Segundo:
Job Classifications Occupying Salary Grades 11 -19:
Completion of 5 years of service
Completion of 10 years of service
Completion of 15 years of service
Job Classifications Occupying Salary Grades 20 -29
Completion of 5 years of service
Completion of 10 years of service
Completion of 15 years of service
Job Classifications Occupying Salary Grades 30 -39
Completion of 5 years of service
Completion of 10 years of service
Completion of 15 years of service
$ 43.93 /month
$ 87.86 /month
$ 131.78 /month
$ 56.23 /month
$ 112.46 /month
$ 168.69 /month
$ 66.84 /month
$ 133.68 /month
$ 200.53 /month
If during the term of this Agreement a job classification is assigned a salary grade
higher than 39, the flat dollar monthly amount of longevity pay for the employee shall be
equivalent to one percent (1 %) of the base salary E Step of the salary grade for five (5)
years of service; two percent (2 %) of the base salary E Step of the salary grade for ten
(10) years of service; and three percent (3 %) of the base salary E Step of the salary
grade for fifteen (15) years of service.
Longevity Pay is reported as compensation to PERS.
(Revised October 2011)
Article 2.27 Class A and Class B Drivers License Pay
Employees in the following job classification shall be entitled to a $75 per month stipend
for obtaining and maintaining the Class A California Drivers License required on the City
Council approved class specification:
Equipment Mechanic II
Fire Equipment Mechanic
Employees in the following job classifications shall be entitled to a $50 per month
stipend for obtaining and maintaining the Class B California Drivers License required on
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the City Council approved class specification:
Street Maintenance Leadworker
Street Maintenance Worker II
Tree Maintenance Worker
Wastewater Maintenance Leadworker
Wastewater Maintenance Worker II
Water Maintenance Leadworker
Water Maintenance Worker II
Employees in the job classification of Park Maintenance Worker II who voluntarily obtain
and maintain a Class B California Drivers License shall also be entitled to the $50 per
month stipend, and shall be subject to all Department of Transportation requirements
aapalicable to the possession of such license.
Article 2.28 Paid Family Leave Benefits
Employees eligible for Paid Family Leave benefits under the State Disability Insurance
program shall be required to take up to two weeks of earned but unused vacation leave
prior to the employee's initial receipt of these benefits. Employees may use any
available family illness leave in lieu of the vacation time.
Article 2.29 El Segundo City Employees Association Insurance
The El Segundo City Employees Association sponsored optional insurance plans shall
be made available via automatic payroll deduction. All associated insurance costs to be
borne by unit employees.
ARTICLE 3 - OTHER PROVISIONS
Article 3.01 Drun -Free Workplace Statement and Substance Abuse Policy
The parties have met and conferred in good faith regarding the adoption of a Drug -Free
Workplace Statement and Substance Abuse Policy, dated July 1, 2008, and the same
shall be implemented concurrent with the adoption of this MOU.
Article 3.02 Smoking Policy
The parties have met and conferred in good faith regarding the adoption of a non-
smoking policy dated 10/5/1994, and the same shall be implemented concurrent with
the adoption of this MOU.
Article 3.03 Drun Free Workplace Statement and Substance Abuse Policy
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All safety sensitive employees (holders of Class B licenses) must submit to a drug test
and an alcohol test upon returning to duty after an absence of thirty (30) days or more,
or after being removed from duty because a drug and /or alcohol test detected a
prohibited presence of a controlled substance or alcohol in the employee's system.
Article 3.04 Department of Transportation Drua Testing Guidelines
The parties have agreed upon Department of Transportation Drug Testing Guidelines.
Article 3.05 Catastrophic Leave Bank Policv
The parties have agreed upon a Catastrophic Leave Bank Policy.
Article 3.06 Occupational Illness and Iniury Policy
The parties have agreed upon an occupational injury and illness policy dated June 23,
2004.
Article 3.07 Break Policv
All affected employees performing in classifications traditionally described as "field
classifications" (generally including employees with the Divisions of Parks, Streets,
Water and Wastewater) shall be provided one (1) thirty (30) minute rest -break to be
taken near the mid -point of the first four hours of the employees regularly scheduled
work shift. Included with this break is all time required to secure the work site, to travel
to and from any rest -break location, and to reconvene work at the conclusion of the rest -
break.
All remaining employees shall be provided a fifteen (15) minute rest -break near the mid-
point of every fours of scheduled work. In order to ensure that such affected employees
are prepared to reconvene performance of their duties precisely at the conclusion of the
rest - break, such employees are encouraged to take their break within the building
where they are regularly assigned or on the grounds immediately adjacent to the work
assignment.
As regards lunch breaks, all affected employees are scheduled for either a thirty (30) or
sixty (60) minute lunch break depending upon the work assignment. Such scheduling
shall be in accord with pre- existing City practices and procedures.
Failure by any employee to utilize a rest or lunch break shall not result in any
accumulation or other "banking" of said unused time, nor shall such failure result in
conclusion of the employees' regularly scheduled shift at a time earlier than scheduled
nor shall any unused break time be utilized to extend a lunch break. However, in any
instance where management mandates that a rest or lunch break not be taken because
of the need to provide services to the City, then said additional work time shall be
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compensated in accord with this MOU, City Rules and Regulations and applicable
statutory requirements. Additionally, in said circumstances, management does have the
discretion to allow for early termination of an employee's regularly scheduled work hours
in amounts of time equivalent to the missed breaks.
The consumption of food or other refreshments at times other than during rest and
lunch breaks is discouraged. This break policy shall be implemented by all supervisory
and management personnel and shall prevail over any inconsistent City or Department
policy, written or otherwise.
Article 3.08 Alternative Work Schedules
Bargaining Unit employees shall be assigned to a work schedule as determined by the
Department Head. If the employee requests change to the schedule, the Department
Head and employee may mutually agree to the change. If the change proves not to be
operationally sound, the Department Head may reverse the change.
Article 3.09 Education Reimbursement
1. Reimbursement Procedures - Permanent employees may participate in
the City's Educational Reimbursement Program.
2. Repayment Upon Termination - Employees who participate in the
Educational Reimbursement Program will be required to sign the following
agreement:
"I certify that 1 have successfully completed the course(s), receiving a
grade of "C" or better. A copy verifying this grade is attached. I agree to
refund the City or have deducted from my final paycheck any educational
reimbursement funds received under this program if I should leave the
City's employ, voluntarily or through termination with cause, within one
year after completion of the course work for which I am to receive
reimbursement. The amount of refund shall be determined in accordance
with following schedule:
When Depart Percentage
1 month after course completion
100%
2 months
100%
3 months
90%
4 months
80%
5 months
70%
6 months
60%
7 months
50%
8 months
40%
9 months
30%
10 months
20%
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11 months 10%
12 months 0%
3. Eligible employees may receive no more than one thousand seven
hundred fifty dollars ($1,750.00) per calendar year under this program.
Article 3.10 Catastrophic Leave Bank
The City shall institute a catastrophic leave bank as follows:
Pur ose - To establish a program whereby City employees may donate
accumulated time to a catastrophic sick leave bank to be used by
permanent, part-time and full -time employees who are incapacitated due
to a catastrophic illness or injury.
2. Definition - A catastrophic illness or injury is a chronic or long term health
condition that is incurable or so serious that, if not treated, it would likely
result in a long period of incapacity.
3. Procedures
A. There is established a joint - employer /employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
B. Employees may transfer sick leave, vacation or compensatory
leave to the Catastrophic Leave Bank to be donated to an
employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made on
July 1 of each year on forms provided by the City of El Segundo.
The employee to receive the donation will sign the "Request to
Receive Donation" form allowing publication and distribution of
information regarding his /her situation.
C. Sick leave, vacation and compensatory time leave donations will be
made in increments of no less than one day. These will be hour for
hour donations.
D. Employees must hold a minimum of one hundred (100) hours of
accumulated illnessfinjury leave after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee
not use all of the donated time for the catastrophic illness or injury,
any balance will remain in the Catastrophic Leave Bank to be
administered by the committee and utilized for the next catastrophic
leave situation.
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Article 3.11 Temporary Service in a Hinher Classification
When an employee is qualified for and is required for an appreciable period of time to
serve temporarily in and have the responsibility for work in a higher class or position,
when approved by the City Manager, such employee, while so assigned, shall receive
the entrance salary rate of that class or whatever step thereof that is not less than five
percent above his or her present rate, whichever is higher. For the purpose of this
section, "applicable period of time" is defined as nine consecutive working days (eight
working days if on four -ten plan) or longer.
Article 3.12 Promotions
In all cases where an employee regulated by Chapters 1A3 and 1A4 is promoted to a
classification in Chapters 1A3 or 1A4 for which a higher rate of compensation is
provided, then such employee so promoted shall enter into such higher classification at
the lowest rate of compensation provided for such higher classification which exceeds
by not less than five percent the base rate of compensation, excluding special
assignment pay, received by said employee is such given classification at the time of
such promotion, unless otherwise ordered by the City Council. All supervisors shall be
paid a base rate not less than the next higher base rate than any of their subordinates.
In the event that a supervisor is paid a base rate of pay equal to or lower than one of his
regularly assigned subordinate's base rate, the supervisor's base rate shall be
advanced to a step in his /her salary range which is next higher than any subordinate's
base pay exclusive of longevity pay, educational incentive pay, and special assignment
pay.
Article 3.13 Termination Pav
Upon termination of employment during a pay period, pay shall be prorated and paid for
each day worked in said pay period and the terminal salary warrant shall include
accrued vacation pay to the time of termination.
Article 3.14 Jury Duty
Employees shall be entitled to a leave of absence for jury duty subject to compliance
with all of the following conditions.
A. The employee must provide written notice of the expected jury duty
to his or her supervisor as soon as possible, but in no case later
than 14 days before the beginning of jury duty.
B. During the first two weeks of jury duty, an employee shall be
entitled to receive his or her regular compensation.
C. For any portion of jury duty that extends beyond the first two weeks,
such extended jury duty period shall be without regular pay.
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D. Any compensation for the first two weeks of jury duty, except travel
reimbursement pay, must be deposited with the Director of Human
Resources.
E. While on jury duty, the employee must report to work during any
portion of a day that the employee is relieved of jury duty for three
or more consecutive hours.
F. The employee must provide documentation of his or her daily
attendance on jury duty.
G. However, notwithstanding Section C above, employees may
access accrued vacation leave, sick leave and compensatory time
if jury duty extends beyond two weeks.
Article 3.15 Physical Examinations
The City will allow up to two (2) days of accumulated sick leave per year to be used for
purposes of physical examinations, subject to submission of a doctor's verification. The
City further agrees that requests for sick leave benefits will not unreasonably be denied.
Article 3.16 Joint Labor Management Team
Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that
representatives of the City and the Association shall create joint labor management
teams to foster improved communication and productivity.
Article 3.17 DisciRlinary Action - Authority to Take
Modify Personnel Rule 14.4 to include the following:
Prior to making a final decision to take disciplinary action involving
suspension, demotion, dismissal or reduction in pay, the City Manager
shall give written notice of the proposed action to the concerned
employee. The notice shall include a statement of reasons that a
disciplinary action is being proposed and shall include a copy of the
charges being considered by the City Manager. Except when of a
confidential nature, the supporting documentation will be provided with the
written notice to the employee. A written notice delivered to the
employee's last known address shall constitute adequate notice.
Article 3.18 Street Maintenance Worker Duties
Effective October 1, 2000, the City may utilize employees working in the Street
Maintenance Worker 1 /11 job classification for the purpose of providing concrete
maintenance and installation services. The following limitations shall apply: Employees
35
shall not be required to perform such duties for a period exceeding ten (10) hours during
each two -week pay period or be expected to pour more than one (1) yard of concrete
each week.
Article 3.19 Work Schedules
1, 4/10 Work Schedule - Beginning the pay period of October 8, 2011, full -time
employees, other than Library staff, will be assigned a 40 hourtweek schedule by
working "4/10's" (four days a week; ten (10) hours a day) except as follows::
A. Reduced Workweek Schedule -- Department Heads and the City Manager, in
their discretion, may allow employees to work a reduced workweek schedule.
The reduced workweek shall be no less than thirty -six (36) hours per week and
not less than nine (9) hours per day. The following conditions apply:
a. Employees must submit their request in writing to the Department
Head.
b. Requests will be evaluated to determine if the reduced work schedule
poses any service or operational impacts on the Department.
c. If approved, requests may be evaluated at any time but not less than
annually during the budget cycle to determine if the arrangement can
continue.
d. Upon written notice, the reduced workweek schedule may be
terminated by either party. Advance notice in the form of one pay period
will be required. The employee shall then convert to a 4/10 work schedule,
consistent with the work hours of employees in that particular work unit.
e. Employees working a reduced workweek shall suffer no loss in
benefits, to the extent allowed, and will have their pay reduced to reflect
the reduction in work hours.
f. Reduced work hours "start" and "end" times shall be set by the
Department Head or City Manager according to the needs of the
department.
Article 3.20 Library Work Schedule
1. In accordance with the FLSA 7(b) exemption for CEA Library employees
assigned to work evening and weekend hours based upon the unique staffing
needs of the Library, Library employees will not work a traditional 4/10 schedule
comprised of four days in a week for 10 hours in a day. Instead, the work
schedule for these employees will occur on a rotating basis according to
department needs, but the work hours for each employee will amount to two
hundred and forty (240) hours worked every three (3) pay periods and will not
exceed twelve (12) hours per day or fifty -six (56) hours per work week.
2. FLSA 7(b) exemption for Library Employees = Partial Exemption to overtime
provisions under Section 7(b) of the Fair Labor and Standards Act (29 U.S.C. §
207(b)) applies to CEA employees working in the City Library who must work
36
evening and weekend hours (including the classifications of Senior Library
Assistant, Library Assistant, Library Clerk II, and Library Clerk 1). In accordance
with the 7(b) exemption, employees working in the Library will receive overtime
for all hours worked in excess of 12 hours in a day, 56 hours in a work week.
Employees working under this exemption may not work in excess of 2,240 hours
in a 52 -week period.
3. In the event the Library hours of operation are changed during the term of this
Agreement, the parties agree to meet and confer for purposes of reviewing the
work schedule and making the necessary modifications to ensure the
operational needs of the Department are met.
Library Administration will not modify the current work schedule until at least 30
days has elapsed from the beginning of meetings with Library employees. Once
the 30 day time period has elapsed or sooner if the parties reach an agreement
regarding scheduling, the Library Administration may modify the work schedule
by providing reasonable advance notice of any changes to employees' work
schedules.
Article 3.21 — No Layoffs
The City agrees to guarantee that no layoffs of unit members will occur
during the term of this MOU unless at any time during the term of the
contract the general fund actual core gross revenues as defined in Article
2 for any six (6) month period fall seven and one half percent (7.5 %)
below the prior fiscal year actual core gross revenues for the same six (6)
month period.
2. Before instituting any layoffs the City will agree to meet and confer in good
faith with the Association to explore alternative cost saving approaches.
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APPENDIX A
BARGAINING UNIT CLASSIFICATIONS
CITY MANAGER
Community Cable Program Specialist
Computer Graphics Designer
Network Assistant
Senior Network Assistant
CLERICAL AND SECRETARIAL
Senior Administrative Specialist
Administrative Specialist
Administrative Technical Specialist (Public Works)
Office Specialist II
Office Specialist I
Records Technician
BUILDING SAFETY
Senior Building Inspector
Building Inspector II
Building Inspector I
License /Permit Specialist II
License /Permit Specialist I
ENGINEERING
Civil Engineering Assistant
Engineering Technician
Public Works Inspector
EQUIPMENT AND BUILDING MAINTENANCE CLASSIFICATIONS
Custodian
Equipment Mechanic II
Equipment Mechanic I
Equipment Service Worker
Facilities Systems Mechanic
Fire Equipment Mechanic
PLANNING CLASSIFICATIONS
Assistant Planner
Planning Technician
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STREET MAINTENANCE CLASSIFICATIONS
Street Maintenance Leadworker
Street Maintenance Worker II
Street Maintenance Worker I
WATER/WASTEWATER CLASSIFICATIONS
Water Maintenance Leadworker
Meter Reader /Repairer
Water Maintenance Worker II
Water Maintenance Worker I
Wastewater Maintenance Leadworker
Wastewater Maintenance Worker II
Wastewater Maintenance Worker I
FINANCE CLASSIFICATIONS
Accounting Technician
Accounts Specialist II
Accounts Specialist I
Revenue Inspector
FIRE CLASSIFICATIONS
Fire Prevention Specialist
LIBRARY SERVICES CLASSIFICATIONS
Senior Library Assistant
Library Assistant
Library Clerk II
Library Clerk I
RECREATION AND PARKS CLASSIFICATIONS
Recreation Coordinator
Maintenance Craftsworker
Tree Maintenance Worker
Park Maintenance Worker II
Park Maintenance Worker I
Pool Maintenance Technician
Senior Park Maintenance Worker
POLICE CLASSIFICATIONS
Crime Scene Investigator II
Crime Scene Investigator I
Police Cadet (Permanent Part-time)
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For the City Employees' Association
Nick Petrevski,
President
- ; jJ
Mike YAcKin ley,
Vice President
1_�a4xm� a5��.Z
Fernando Diaz,
Secretary
6
Kimberlee Carter,
Treasurer
Ra
Wendell Phillips,
ESCEA Union Rep esentative
l 5
Date
,s
For the City:
Doug Willmore,
City Manager
- bZ&%kkCtdA_
Deborah Cullen,
Director of Finance /Human Resources
Martha, A. Dijkstra,
Human Resources Manager