CONTRACT 2612A - PERM Memorandum of Understanding CLOSED1 •
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
ARTICLE I - RECOGNITION
SECTION 1. Pursuant to the provisions of the City of El Segundo Resolution No. 3208,
establishing procedures governing employer - employee organization relations, the City of El
Segundo (hereinafter referred to as the'City' and 'Employer' (interchangeably) has recognized the
California Teamsters Public, Professional and Medical Employees Union, 911, an affiliate of the
International Brotherhood of Teamsters (hereinafter referred to as the "Union ") as the exclusive
representative of employees within the bargaining unit consisting of the following classified
positions:
Accountant
Administrative Analyst II
Associate Planner
Budget Analyst/Accountant
Business License Specialist
Community Cable Program Manager
Environmental Safety Coordinator
Equipment and Facilities Supervisor
Government Building Supervisor
Librarian
Park Supervisor
Purchasing Agent
Recreation Supervisor
Senior Accountant
Senior Fire Protection Analyst
Street Maintenance Supervisor
Wastewater Supervisor
Water Supervisor
Youth Counselor
SECTION 2. The City recognizes the Union as the representative of the employees in the
classifications and assignments set forth in Section 1, above, for the purpose o f meeting the joint
obligations of the City and Union as set forth within the Meyers - Milias -Brown Act, Government
Code §§ 3500 et seq.
ARTICLE II - NON - DISCRIMINATION
Neither the City nor the Union shall discriminate against any employee because of race, color,
age, creed, national origin, sex, handicap, medical condition, marital status, or union activities in
any matter.
ARTICLE III - HEALTH AND WELFARE
SECTION 1. Health Insurance -- Supervisory employees participate as members of the
PERS administered Public Employees' Medical and Hospital Care Program. Employees have a
choice of a wide variety of HMO and Indemnity medical coverage plans.
SECTION 2. Dental Insurance - The City provides fully paid dental insurance for the
employee and all eligible dependents.
SECTION 3. 0 Pti C_a I Insurance - The City provides fully paid optical insurance for the
employee and all eligible dependents.
SECTION 4. Life Insurance - Employees are provided a fully paid $50,000 term life
insurance policy. Additional coverage for self ($100,000 maximum) and for family members maybe
purchased at group rates by the individual employee.
SECTION 5. Insurance Cap —The City's aggregate contribution for current dental, optical
and life insurance shall be capped at $135.00 per month. The City shall provide optical benefits for
each employee and the employee's dependents through the Joint Council of Teamsters 42 Welfare
Trust Fund Plan. Within the monthly contribution cap currently established for dental, optical and
life insurance coverage, the City's monthly contributions toward dental and life insurance coverage
for an employee shall be made after the City's full monthly vision benefit contribution for an
employee and his /her dependents has been made.
SECTION 6. Lo_ rya Term ,mml isabil tv Insurance (LTD) - The City provides all supervisory
personnel with a fully paid long term disability insurance policy which allows continuance of 66 -2/3
% of the first $7,500 of the employee's monthly salary. The policy applies to non -job related
occurrences and benefits are payable following a 60 day waiting period. The maximum benefit
period varies on the basis of the employee's age at the time disability begins.
SECTION 7. Workers C_ � ensat%an - The City provides employees who receive job
related injuries that are compensable under California Worker's Compensation Laws 75 % of their
regular monthly salary for a period of up to one year.
SECTION 8. Flexible Soendinq account - Pursuant to applicable federal laws, the City
allows for payment of employee paid insurance premiums, non - reimbursed medical expenses
and /or dependent care expenses with pre -tax dollars. Participation in the program is voluntary.
SECTION 9. Bereavement Leave - The present practice of granting three (3) working days
of bereavement leave per incident shall be increased to forty (40) hours 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 use of bereavement leave, shall include the
children, parents, siblings, grandparents of the employee, the employee's spouse or significant
other.
ARTICLE IV - RETIREMENT
SECTION 1. Employees participate in the Public Employees Retirement System (PERS)
2% at 60 Miscellaneous Plan. The Plan's retirement benefits are integrated with Social Security.
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The City pays both the employers and the employees required contribution to PERS. Social
Security contributions are equally shared by the City and the employee. The Senior Fire Protection
Analyst shall for the term of the agreement participate as a local Safety member pursuant to
Government Code §20019 under the PERS System.
Effective January 1, 1992, the City's contract with PERS was amended to include the single highest
year retirement calculation option. The present City contract with PERS also calls for incremental
yearly increases in the City contribution towards retirees medical coverage (currently $375 per
month) so that by 1995 the contribution for current employees and retirees will be equal.
As soon as practicable, the City shall amend 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 21354.
SECTION 2, Deferred Compensation Plan - Employees are eligible to participate in the
International City Management Association Retirement Corporation (ICMA -RC) and the United
Conference of Mayors (PEBSCO) Deferred Compensation Plans. Participation is voluntary and
there is no City contribution to the plan.
SECTION 3. Leave Payoff - Employees separating from the City service are paid the
accumulated total of their unused vacation leave and personal floating holiday.
SECTION 4. Government Code §20022(a)(1) provides that "compensation for purposes of
computing PERS retirement benefits includes remuneration paid in cash because of holidays, sick
leave and vacation, as well as other remuneration furnished in payment for services. This MOU
section memorializes that members of this unit have been contractually eligible to receive City paid
cash equivalencies for vacation, sick leave and floating holidays accrued during the employee's
final year of employment. Said members have also been eligible to receive a cash distribution
equal to the monthly differential between $500.00 and the monthly amount designated by each
member for funding health insurance and similar programs (herein referred to as an "insurance
differential. ") Pursuant to City Council action in December 1991, the former
management/confidential unit was modified, with members of this Supervisory Unit being removed
from the then existing management/confidential unit. The classifications now contained within this
Supervisory Unit being removed from the then existing management/confidential unit. The
classifications now contained within this Supervisory Unit were included within the prior
management/confidential unit. The classifications now contained within this Supervisory Unit were
included within the prior management/confidential unit and City contractual agreements prior to
December 1, 1992 to provide the management/confidential unit members with payment for
vacation, sick leave and floating holidays accrued during the final year of employment, as well as
the above insurance differential, fully inured to the benefit of those classifications now within the
Supervisory Unit.
On June 2, 1992, the City Council adopted the first Memorandum of Understanding between the
City and the Supervisory Unit, with Article VII of said MOU providing in pertinent part that all wages,
hours and terms and conditions of employment in full force and effect prior to the adoption of the
MOU, are to remain in full force and effect and are to be set forth within a later document entitled a
"Comprehensive Memorandum of Understanding." As members of the prior
management/confidential unit, those classifications within the Supervisory Unit were therefore
subject to earlier Council determination providing the described paid remuneration forvacation, sick
leave and floating holidays accrued during the final year of employment, as well as the above
insurance differential, and the June 2, 1992 Memorandum of Understanding contractually signifies
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that said benefits are to remain in full force and effect unless and until altered pursuant to the meet
and confer process. This "Comprehensive Memorandum of Understanding" thereby codifies pre -
December 1992 contractual provision of the stated "compensation" benefits to unit members.
ARTICLE V - SICK LEAVE
SECTION 1. Employees accrue sick leave at a rate of eight (8) hours per month. The
maximum carryover of sick leave from November 30 to December 1 of each year is six hundred
(600) hours.
City provides a seventy percent (70 %) payoff each December 1 of any accumulated sick leave
hours above the maximum carryover.
Employees who, on July 1, 1998, had an accumulated sick leave balance higher than six hundred
(600) hours will have a maximum carryover equal to their accumulated sick leave balance on that
date. No such maximum carryover can be greater than one thousand fifty -six (1056) hours. Should
an employee's personal sick leave accrual limit drop below six hundred (600) hours, their future
maximum carryover shall not be allowed to exceed six hundred (600) hours.
Employees, with at least five (5) full years of service with the City, receive payment for eighty
percent (80 %) of their accumulated sick leave upon service retirement, disability retirement, or
death.
SECTION 2. Annual Medical Examination - Employees are eligible for a fully paid
comprehensive medical examination each year.
The City currently utilizes both Centinela Hospital's Fitness Institute and the Center for Heart and
Health for the examinations.
The results of the examination include extensive written documentation and feedback, fitness
consultation, recommended further testing and /or adjustments to current lifestyle practices and
ongoing monitoring.
Up to two (2) days of sick leave may be used each year for physical examinations.
SECTION 3. Sick Leave U!sa e for IFamjly? are -Affected employees are eligible to utilize
a maximum of six (6) available eight (8) hour days of sick leave per calendar year in order that care
may be provided to immediate family members suffering from illness or injury. The term "immediate
family member" shall exclusively include the children, parents, siblings, grandparents of the
employee, the employee's spouse or significant other. The City shall require each affected
employee utilizing sick leave for said purpose to provide in writing a sworn statement evidencing the
facts justifying the use of sick leave in this regard.
SECTION 4. Catastropbjc lllnea Leave - An employee may transfer sick leave,
vacation
or compensatory leave to a sick 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 City has the right to verify all
catastrophic illnesses before donation from the sick leave bank.
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ARTICLE VI - EMPLOYEE ASSISTANCE PROGRAM (EAP)
Provides confidential assistance, referrals and counseling to the employee and members of the
immediate family. The program is designed to provide professional assistance and support to help
employees and their families resolve problems that affect their personal lives or job performance.
ARTICLE VII - VACATION
SECTION 1. Employees shall receive either:
"ORIGINAL ACCRUAL SCHEDULE"
Years of Service Days
Upon completion of:
1 -7 years 12 days
8 -14 years 17 days
15 or more 22 days
or
"ALTERNATIVE ACCRUAL SCHEDULE"
From commencement of the 1 st year of service through and including completion of
the 5th year of service - Twelve (12) vacation days accrual per year, with a "day"
being the equivalent of eight (8) hours;
From commencement of the 6th year of service through and including completion of
the 10th year of service - Fifteen (15) vacation days accrual per year, with a "day"
being the equivalent of 8 hours;
From commencement of the 11 th year of service through and including completion of
the 15th year of service - Eighteen (18) vacation days accrual per year, with a "day"
being the equivalent of eight (8) hours;
From commencement of the 16th year of service and for all years of service thereafter - Twenty -two
(22) vacation days accrual per year, with a "day" being, the equivalent of eight (8) hours.
An employee desiring to participate in the "alternative" accrual schedule shall so advise payroll in
writing of their election, no later than September 6, 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 pursuant to the alternative schedule or
maintenance of accrual pursuant to the original schedule, shall be irrevocable.
SECTION 2. Employees may use their accrued vacation leave after six (6) months of
employment.
SECTION 3. Maximum accumulation of vacation allowed is the equivalent of two (2) years
service accrual.
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SECTION 4. Employees who have completed one year of service may receive cash
payment in lieu of accrued vacation time up to a maximum of one -half the annual accrual which
they are entitled by length of service. Employees may exercise this option once per calendar year.
ARTICLE VIII - HOLIDAYS
SECTION 1 Employees shall receive the following holidays:
January 1st
The third Monday in February
The last Monday in May
July 4th
The first Monday in September
November 11th
Thanksgiving Day and the Friday thereafter
December 24th
December 25th
December 31 st
Floating Holiday
SECTION 2. In the event any of the above holidays fall on the last day an employee is off
on his /her regular days off, the following day shall be observed as a holiday.
SECTION 3. In the event any of the above holidays fall on the first day of an employee's
regular days off, the previous day shall be considered as a holiday.
SECTION 4. The floating holiday may be used six (6) months after the employee's initial
appointment date.
ARTICLE IX - PROFESSIONAL DEVELOPMENT
Employees are reimbursed 100% of the cost of tuition and books to a maximum of $1,250 per
calendar year for satisfactory completion of work related college courses. Requires prior written
approval of department head and City Manager and requires a C average or better grade.
With the approval of the department head and /or City Manager, the City also pays the cost of an
employee's professional membership fees and conference, meeting and workshop attendance.
Employees who participate in the program must sign the following agreement:
Educational Reimbursement - 'I certify that I successfully completed the course(s),
receiving at least a grade of 'C' or better.' (Attach copy of grade verification) "Further, 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, in accordance with the following schedule."
Below is the reimbursement schedule for the full months worked between course
completion and resignation dates and the percentage of the total reimbursement to be
refunded to the City.
100%
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7 50%
2 100%
8
40%
3 90%
9
30%
4 80%
10
20%
5 70%
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10%
6 60%
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0%
Probationary employees are not eligible to participate in this program.
ARTICLE X - COMPUTER LOAN PROGRAM
Employees are eligible to receive an interest -free loan not to exceed $4,000 for the purpose of
purchasing personal computer hardware, software, ergonomically correct furniture and related
equipment. Loans shall be repaid through payroll deductions over a three (3) -year period. The
City shall retain title, as security, to any equipment purchased through the program until the loan is
fully paid off. After the fact financing shall be permitted upon the loan applicant receiving prior
written approval from the Finance Director. Outstanding loan balances must be paid off at the time
an employee separates from the City. The Finance Department shall prepare guidelines for
implementation of the program and shall update those guidelines periodically as necessitated by
changes in technology or organizational requirements.
ARTICLE XI - SALARY
SECTION 1. Sala dtgstments
(a). Effective on October 6, 2001, the base salary set forth in the City's Salary Table
(Attachment A hereto) shall be increased by two and one -half (2.5 %).
(b) Effective on October 5, 2002, the base salary set forth within each step of the salary
ranges shall be increased by two and one -half percent (2.5 %).
(c) Effective on October 4, 2003, the base salary set forth within each step of the salary
ranges shall be increased by two and one -half percent (2.5 %).
SECTION 2. Additional P - Effective December 30, 2000, employees shall be paid a
monthly distribution of Six Hundred Dollars ($600.00) as additional pay. The City shall pay the
employer's and the employee's PERS contribution on the $600.00 of additional pay.
SECTION 3. Accelerated Sala Sry t�dvancement - Employees who have yet to reach
the top step of their salary range are eligible to receive an accelerated salary step advancement of
up to 5 % in a 12 month period upon recommendation and approval by the department head and
City Manager. An accelerated salary advancement is intended to recognize an employee's job
performance which consistently and uniquely exceeds normal expectations.
SECTION 4. Direct D post —The City shall electronically deposit employees' paychecks
directly into a savings or checking account designated by the employee. Employees shall be
responsible for providing the Finance Department with the correct transit routing number of their
banking institution and the correct number of the account into which their paycheck will be
deposited. Exceptions to this policy shall be granted upon an employee's written request to the
Finance Director.
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SECTION 5. lllmil aae Reimbursement - Employees of the City shall be entitled to
reimbursement for City authorized use of their privately owned vehicles in the conduct of City
business at the rate of twenty -five ($.25) cents per mile.
SECTION 6. Educational Incentive Pa — Eligible employees shall be entitled to receive
educational incentive pay. The educational incentive pay shall be equal to five percent (5 %) of the
employee's base salary and shall be paid at the same times and in the same manner as base
salary. 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 September 1, 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. Bachelor degrees awarded prior to September 1, 2000 cannot be used to fulfill the
requirements above.
Section 7. Salary of Recreation Supervisors — Effective July 1, 2000, employees
occupying the classification and assignment of Recreation Supervisor shall be paid according to the
"Y -Rated Salary Table For Recreation Supervisors," included herein as "Attachment B." Effective
October 6, 2001, employees occupying the classification and assignment of Recreation Supervisor
shall be placed in Salary Range 33S of the City's Salary Table (Attachment A hereto).
ARTICLE XII - UNIFORM ALLOWANCE
Union member(s) occupying the classification of Environmental Safety Coordinator is required to
purchase and maintain prescribed uniforms and personal equipment. In consideration thereof, the
City agrees to provide individual(s) in such classification with the following annual
uniform /equipment maintenance allowance: $396.
The Environmental Safety Coordinator shall receive replacement uniforms as set forth below.
Additionally, individuals occupying the classifications of Park Supervisor, Equipment Maintenance
Supervisor, Government Building Supervisor, Street Supervisor, Wastewater Supervision and
Senior Fire Prevention Analyst shall be provided by the City with a uniform consisting of a white
shirt, navy or black slacks, a jacket and identification consisting of a breast pocket emblem stating
the name of the City, the name of the holder, and the individual's job title. To the extent that
footwear otherwise not suitable for non - course and scope of employment use is demonstrated as
being required for the safe and efficient performance of such an individual's duties, then the City
shall provide said footwear in a style and at a cost as determined solely by the City, with
appropriate informational input being provided by the Union. The City's determination regarding
footwear shall not be subject to administrative or judicial appeal.
ARTICLE XIII - OVERTIME
SECTION 1. Fair Labor Standards Act — Overtim _Comper tien
(a). Pursuant to the Fair Labor Standards Act, employees occupying the classifications
and assignments described in Article I, Section I, except Associate Planner, Community
Cable Program Manager, Librarian, Senior Accountant, Water Supervisor and Wastewater
Supervisor, are entitled to overtime pay at the rate of one and one -half (1.5) times their
regular rate of pay for all hours worked in excess of forty (40) hours in a seven (7) day
workweek, commencing 0001 hours on Sunday and ending at 2400 hours on Saturday.
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(b). Employees in the classifications and assignments of Associate Planner, Community
Cable Program Manager, Librarian, Senior Accountant, Water Supervisor and Wastewater
Supervisor shall receive four (4) days of Administrative Leave per year.
(c). Eligible employees shall accrue four (4) eight (8) hour days of Administrative Leave,
representing a total of thirty -two (32) hours of leave, on January 1 of each year.
Administrative Leave is provided to allow eligible employees time off work each year in
addition to their existing vacation, sick and /or other leave benefits. Employees will be
required to complete a Personnel Action Form (PAF) and obtain their Supervisor's approval
prior to using Administrative Leave. Unused Administrative Leave may not be carried over
from one calendar year to the next. All unused Administrative Leave time will expire on
December 31 of each year at 2400. The City shall not provide payoff to employees for
unused Administrative Leave time.
SECTION 2. Definition of hours worked for overtime - Computation pup rses.
The following shall not be considered as time worked for purposes of computing entitlement to
overtime compensation:
1. Meal breaks;
2. Utilization of paid or non -paid leaves of absence (including but not limited to
vacation leave, sick leave, holiday leave, leave without pay, compensatory time off;
3. All travel time to and from the work site when responding to a regularly scheduled
shift;
4. All time in off -duty voluntary training assignments (homework, study time, meal time,
sleep, etc.).
5. All off -duty travel;
6. All time for personal preparation and clean up;
7. Any other time not deemed "hours worked" by the FLSA.
SECTION 3. Overtime Authorization
No employee shall be eligible for receipt of overtime compensation unless the working of overtime
hours has been specifically authorized in advance by the employee's supervisor.
SECTION 4. Affected employees shall be entitled to accumulate a maximum of sixty (60)
hours of compensatory time off. Utilization of compensatory time off shall be subject to approval of
the affected employee's department head.
SECTION 5. Affected employees ordered by a supervisor to return to a designated
worksite other than during the employee's regularly scheduled hours of work and at a time not
contiguous with said regularly scheduled hours of work, shall be provided a minimum of four (4)
hours work time credit. Said minimum of four (4) hours shall then be included within the work
period described in Section 1 for computation of overtime purposes.
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ARTICLE XIV - GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF TERMS
A. Grievance - A grievance is a violation, misinterpretation or
misapplication of a specific written departmental or agency rule or
regulation or a specific provision of a memorandum of
understanding. A grievance is distinct from an appeal in that it is a
violation, misinterpretation or misapplication of a specific written
departmental or agency rule and /or policy or a specific provision of a
memorandum of understanding.
B. Grievant - A grievant is an employee or group of employees
adversely affected by an act or omission of the agency.
C. Day - A day is a calendar day.
D. Immediate au etvisor - The first level supervisor of the grievant.
SECTION II, TIME LIMITS
A. C_ rneiiance 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 appeal provided in each
level shall begin the day following receipt of a written decision or
appeal by the parties.
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 grievants in
accordance with the time limits, the decision last made by the City
shall be deemed final.
SECTION III. PROCEDURE
Grievances will be processed following the procedures set forth below.
A. Level I - Within ten 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 informally with the employee's immediate supervisor. The supervisor
shall hold discussions and attempt to resolve the grievance within five (5) days.
B. Level 111- In the event such efforts do not produce a mutually satisfactory resolution,
the grievant shall have ten (10) calendar days to file a formal written grievance after
the employee's immediate supervisor is unable to resolve the grievance through the
discussion process. Under no circumstances may a grievance be filed more than
twenty -five (25) days from the date the employee knew or should have known of the
incident giving rise to the grievance.
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Procedure for Filing a Grievance -
In filing a grievance, the employee should set forth the following information:
a. The specific section of the 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.
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 Ill - If the grievance is not resolved by the immediate supervisor the grievant
may present the grievance in writing to the department head within five (5) 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 five (5) working days.
The City Manager or designee will conduct an informal hearing and render a
decision. Each party shall have a right to present witnesses and evidence at the
hearing. The conclusions and findings of this hearing shall be final.
E. Level V - In the event the grievant disagrees with the City Manager's decision,
he /she may petition the City Council within ten (10) calendar days of the decision of
the City Manager. Such petition shall be made in writing and must set forth the
grounds for the petition including all documentation that supports the allegation that
there has been a violation, misrepresentation or misapplication of a specific written
departmental or agency rule or regulation of a specific provision of the Memorandum
of Understanding. The City Council may within their sole discretion and by majority
vote decide whether to review the grievance, the decision of the City Manager shall
be final.
In the event the City Council votes to review the grievance, the Council shall
consider the matter within thirty (30) calendar days of the City Council motion to
review the grievance. The City Council shall approve, modify or disapprove the
findings and decision of the City Manager within thirty (30) calendar days of its
review. The time limits for City Council consideration may be waived by agreement
of the parties. The decision of the City Council shall be final.
SECTION IV. RAA -r =°e EXCLUDED �RnM THE r�pi��ienir�
rvar K ws.7, n ✓ % ak %ILI— V �r$ X%w ue p, Nw � RE,
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.
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B. The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews.
C. The procedure is not intended to be used to challenge the merits of a
reclassification, lay -off, transfer, denial or reinstatement, of 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, but are subject to the formal appeal
process as outlined in Ordinance 586.
SECTION V. CONFERENCES
Grievants and City representatives, upon request, shall have the right to a
conference at any level of the grievance procedure.
SECTION 4. EMPLOYEE APPEALS FROM DISCIPLINARY ACTIONS
A. Any permanent employee in the Classified Service who has been suspended, for a
period of six (6) days or more, demoted, dismissed, or reduced in pay shall have a
period of ten (10) days following written notification in which to file an appeal or
answer the charges.
B, The employee shall forthwith be given in said written notification a statement of the
extent and nature of any disciplinary action and a full explanation of the reasons for
the action including specific information as to time and place of incidents.
C. Each disciplinary action shall automatically be given administrative review by the
City Manager, immediately after the written notification, and the City Manager may
countermand the disciplinary action or modify the discipline imposed prior to any
hearing as hereinafter provided.
D. Appeals and requests for hearings shall be filed with the City Manager, and then
immediately referred to the Los Angeles County Civil Service Commission or City
Council, as the case may be.
E, The Commission shall have the right to refuse to hold a hearing in any case in which
the appellant fails to present sufficient grounds to warrant a hearing.
F. Procedures for all hearings to be conducted by the County shall be in
accordance with the Rules of the Los Angeles County Civil Service Commission.
ARTICLE XV - LAYOFF
SECTION 1. Grounds for L. 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 effected by any such change.
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SECTION 2. Notice to Employees. 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.
SECTION 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.
SECTION 4. Procedures for Layoff - A permanent employee in a classification effected 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.
SECTION 5. Sneaking Tie's - Provided that seniority, hiring date is equal 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:
1.
"Unsatisfactory" rating
- 0 retention points.
2,
"Improvement needed" rating
_ 6 retention points.
3.
"Satisfactory" rating
- 12 retention points.
4.
"Exceeds expectations" rating
- 18 retention points,
5,
"Outstanding" rating
24 retention points.
SECTION 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 eligible 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 to 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.
SECTION 7. Displac m nt ffi is An employee designated for layoff as a result of abolition of a
position or classification may displace (bump) an employee in a lower classification, if the employee
previously held permanent status in such classification. An employee who is bumped shall be laid
off in the same manner as an employee whose position or classification is abolished.
SECTION & SS lary Placement An employee who is assigned to a lower classification as a result
of a displacement (bump) shall receive the compensation reflected by the step of the salary range
of the new classification closest to the compensation of the employee in the previous classification,
and the employee will also be assigned a new salary anniversary date on the effective date of the
appointment. 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-
13
previously held position, 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 a reemployment list or lists, as set forth in subsection (f).
SECTION 9. Reemployment List The names of permanent employees who have been laid off
under this section (including employees who 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 for three years from the date their names were
placed on the list. As a vacancy within a classification or a lower related classification becomes
available, the name appearing at the top for 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.
SECTION 10. fights La�on_f,ern�ment If a person is reemployed by the City within three years,
the employee's accumulated sick leave allowance, seniority and vacation accrual shall be
reinstated. Employees should be placed on the same salary step previously held upon
reemployment.
ARTICLE XVI - MISCELLANEOUS
SECTION 1. Credit Union - Employees are eligible to join the regional Centinela South
Bay Credit Union.
SECTION 2. Temporary Assignment to Other - Where 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, "appreciable period of time" is defined as ten consecutive working days (eight working days
if on four /ten plan) or longer.
SECTION 3. Rest Periods- All bargaining unit employees shall be provided a fifteen (15) minute
rest -break near the end -point of every four hours 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 fifteen (15) minute 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. Said scheduling shall be in accord with
pre- existing City practices and procedures.
Failure by an employee to utilize a rest or lunch break shall not result in any accumulation or other
"banking" of said unused time, nor shall failure to utilize said rest or lunch break time result in
conclusion of the employees regularly scheduled work 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 compensated in accord with this MOU,
City Rules and Regulations and applicable statutory requirements. Additionally, in said
14
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.
SECTION 4. Request for Reclassification Review - A bargaining unit employee may make
a request for reclassification once every two years if the employee's job duties and responsibilities
are significantly different. All such reclassification requests shall be reviewed by the Director of
Human Resources. The Director of Human Resources shall recommend to the City Manager the
approval of any reclassification request which reflects a substantial change in the duties and
responsibilities of the classification. Final approval from the City Council is required. Any
reclassification approved by the City Manager shall become effective the pay period following
approval.
SECTION 5. Seniority - For the purpose of this Memorandum, "seniority" shall mean a
bargaining unit member's total continuous length of employment with the City in a regular, allocated
position. Definitions of "continuous," uninterrupted service by separation and includes actual time
worked, authorized leave of absence with or without pay, military leave, family leave and injury
leave; without pay not to exceed one (1) year. For purposes of this section, a leave of absence
without pay is limited to a maximum of ninety days.
SECTION 6. Standby tv - 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 Duty, 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 or activities. However, standby duty requires that employees:
1. Be ready to respond immediately.
2. 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.
3. Be able to report to work within one (1) hour of notification.
4. 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.
5. Respond to any call back during the assigned standby period
As with any City equipment, any paging device assigned to an employee is the responsibility of the
standby employee during the 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.
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.
For each period of standby duty, employees shall be provided the choice of two (2) hours of
compensatory time off or two (2) hours of paid time. A period of standby duty shall be defined as
one (1) day, commencing at 0001 and ending at 2400.
An employee who uses sick leave or vacation leave during a standby period, occurring on or after
September 9, 2000, shall not be provided any form of compensation for the standby period, unless
15
the employee's department head approves, in writing, the provision of the normal standby period
compensation.
ARTICLE XVII - DRUG -FREE WORKPLACE- STATEMENT
AND SUBSTANCE ABUSE POLICY,
SMOKING POLICY AND BREAK POLICY
The parties have met and conferred in good faith regarding the adoption of a drug -free workplace
statement and substance abuse policy as well as non - smoking policy and break policy and the
same shall be implemented concurrent with adoption of this MOU.
ARTICLE XVIII- PERSONNEL FILE
SECTION 1. The official personnel file of each employee shall be maintained in the Human
Resources Department. A unit member and /or a Union representative authorized by the member,
in writing, may review or obtain copies of material from the employee's file with the exception of
material that includes ratings, reports or records which are obtained prior to the employment of the
employee involved.
SECTION 2. Employees shall be provided any copies of derogatory material placed in their official
file. Employees will be requested to acknowledge they received any derogatory material prior to it
being placed in their personnel file.
SECTION 3. All customer or citizen letters of a positive nature and /or any City commendations,
letters of achievements and recognition will be placed in the employee's personnel file.
ARTICLE XIX - MAINTENANCE OF MEMBERSHIP
Upon approval of this agreement by the El Segundo City Council, all unit employees who voluntarily
became members of the Union and those unit employees who voluntarily become members of the
Union during the term of this agreement shall remain members until the expiration of the
agreement. Notwithstanding the above, employees may terminate their Union membership within
forty -five (45) calendar days prior to the agreement expiration date. Membership in an employee
organization shall continue to be voluntary on the part of the employees. The Union shall indemnify
and hold harmless the City and its Council individually and collectively from any legal costs and /or
damages arising from claims, demands, or liability by reason of litigation arising from this article.
The Union agrees to pay the City all legal fees and legal costs incurred in defending the City or its
officers, employers, or agents against any court action or administrative action challenging the
legality or constitutionality of the provisions of this article or its implementation.
ARTICLE XX - ZIPPER CLAUSE
This Memorandum of Understanding constitutes the sole agreement between the parties. The
parties acknowledge that during the meet and confer sessions which preceded and resulted in this
Memorandum of Understanding, each had the unlimited right and opportunity to make proposals
with respect to any subject or matter not removed by law from the sphere of meet and confer and
that this Memorandum of Understanding was arrived at by the parties after the exercise of those
rights and opportunities.
16
ARTICLE XXI - CATASTROPHIC LEAVE BANK
Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that effective July 1,
1997, or as soon thereafter as is possible, the City shall establish a Catastrophic Leave Bank for
represented employees as follows:
I. PURPOSE
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.
11. 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.
Ill. 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 and twenty (120) hours of
accumulated illness /injury 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.
ARTICLE XXII - TERM OF AGREEMENT
This Memorandum of Understanding shall be effective through and including September 30, 2004.
17
dent
For the City of El Segundo:
, Assistant City Manager
Bob Hyland,
Senior Human Resources nalyst
I;Odo'� "�� - 4V'f lexaee
olloGby Vn, Vic esident Bret Plumlee, Finance Director
MOU — Supervisory and Professional Employees
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„.
Tentative Agreement
Between the City of El Segundo ( "City ") and the
Supervisory and Professional Employees' Association ( "Union ")
The current memorandum between the City and Union shall be extended
for a period of three (3) years continuing in full force and effect through
September 30, 2004.
2. Effective as soon as possible, employees participating in the Public
Employees Retirement System (PERS) 2% at 60 Miscellaneous Plan shall
be upgraded to receive the PERS 2% at 55 Miscellaneous Plan.
3. Effective January 1, 2001, the City shall increase "Additional Pay," used
by employees to purchase medical benefits, from $500 per month to $600
per month.
4. Effective December 1, 2001, the City shall increase the amount of "Sick
Leave Payoff," for eligible employees who have accrued more than 600
hours of total Sick Leave, from 50% of the cash value of the hours over
the allowable maximum`'to 70% of the cash value of the hours over the
allowable maximum. (Amendment to Article V, Section 1 of existing MOU).
5. Employees represented by the Union shall receive an annual 2.5% cost -
of- living (COLA) adjustment on the following dates: October 1, 2001,
October 1, 2002 and October 1, 2003.
6. Effective April 1, 2001, the City shall increase the minimum amount of
compensation for "Standby Pay" from one (1) hour to two (2) hours during
each period Standby duty (Amendment to ATTACHMENT H of existing
MOU).
7. Effective September 1, 2000, employees shall not be eligible to receive
"Standby Pay" during a period in which they are utilizing "Sick Leave” or
"Vacation Leave" benefits, unless the Department Head of the Department
in which the employee is assigned grants written approval of such use of
the "Standby Pay" provisions of the Memorandum of Understanding
between the City and the Union (Amendment to ATTACHMENT H of
existing MOU).
8. Effective July 1, 2001, the following positions shall be designated as
"Exempt" (per ATTACHMENT A of existing MOU) and entitled to four (4)
eight -hour days of Administrative Leave off, with respect to Fair Labor
Standards Act (FLSA) requirements: Associate Planner, Community Cable
Program Manager, Librarian, Senior Accountant, Wastewater Supervisor
and Water Supervisor.
9. Effective April 1, 2001, the City shall increase the minimum amount of
compensation for "Call Back Pay" from two (2) hours to four (4) hours
(Amendment to Article XIII, Section 5 of existing MOU).
10. By October 15, 2000, the City and Union shall incorporate the terms of this
tentative agreement into a comprehensive MOU and finalize all changes
to the comprehensive MOU.
11. Effective immediately, upon approval by City Council, the City shall create
an Educational Incentive Program (5% increase) for employees who
acquire a degree and who are working in a job class that does not require
a degree.
For the El Segundo Supervisory and For the City of El Segundo:.
Professional Employees' Association;
Chester Mordasini,
Business Representative
Gary Ga 'bi, President
rt, Assistant City Manager
r
Bob Hyland,
Senior Human Resources Analyst
by e Breen ace President Bret Plumlee, Finance Director