Cities Index.
Item F-5 Agenda Report

Beverly Hills City Council
June 21, 2022

Document
Item F-5 Agenda Report
Meeting
June 21, 2022
Body
Beverly Hills City Council
Pages
40
Original file
2.2 MB
Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

AGENDA REPORT
Meeting Date: June 21, 2022
Item Number:

To:

F-5
Honorable Mayor & City Council
From: Peter Brown, Labor Negotiator
Subject: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BEVERLY HILLS AND MUNICIPAL EMPLOYEES’ ASSOCIATION OF

BEVERLY HILLS PART-TIME UNIT
Attachments: 1. Tracked Changed Municipal Employees’ Association of Beverly Hills Part-Time Unit 2021-2023 Memorandum of Understanding (MOU)

2. Municipal Employees’ Association of Beverly Hills Part-Time Unit 2021-2023 Memorandum of Understanding (MOU)

3. Fiscal Analysis of the Municipal Employees’ Association of Beverly Hills Part-Time Unit 2021-2023 Memorandum of Understanding (MOU)

RECOMMENDATION
It is recommended that the Memorandum of Understanding (MOU) between the City of Beverly Hills and the Municipal Employees’ Association of Beverly Hills Part-Time Unit be approved.

INTRODUCTION
The Municipal Employees’ Association of Beverly Hills Part-Time Unit Memorandum of Understanding is before you for consideration. This association represents part-time classifications.

The last Memorandum of Understanding (MOU) for the Municipal Employees’ Association of Beverly Hills Part-Time Unit expired October 8, 2021. Representatives of the Part-Time Unit and the City, having met and conferred in good faith beginning in June 2021, reached a tentative agreement in mid-April 2022. The new Part-Time Unit MOU has a term of two (2) years, from October 9, 2021 to October 6, 2023. The agreed-upon terms are found in the attached MOU.

Meeting Date: June 21, 2022

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DISCUSSION
Significant terms of the proposed Part-Time Unit MOU are as set forth below. 1) Term of Agreement
 October 9, 2021 – October 6, 2023
2) Salary
 Cost of living (COLA) increases:
 Year One: 2.0% (effective the pay period following Council approval of the 2021-2023 MOU)
 Year Two: 2.0% (effective the pay period including October 1, 2022)
 Lump Sum Payment:
 All employees in the bargaining unit on July 2, 2022 (the first day of the pay period following City Council approval of the MOU) will receive a lump sum payment equivalent to 1.0% of base salary and 0.25% of base salary for wellness pay (for the period of October 9, 2021 through the last day of the pay period preceding City Council approval of the MOU). This lump sum payment is non-pensionable as it is provided in the same fiscal year as a base salary increase.
3) Salary Schedule
 Restructure of the salary schedule from three steps to a five-step salary schedule consistent with other bargaining groups. Effective the pay period following Council approval of this MOU, each current employee will be placed on the salary schedule (Exhibit A) at a pay rate that will be the first step at or above their current pay rate.

4) Advancement Through Range
 Removal of language requiring an hourly employee to work 500 hours before their first step advancement.
5) Performance Evaluations and Effective Date of Merit Increase  Change language to state an employee will receive an automatic step increase if they have not received a performance evaluation within 14 days of their anniversary date (reduction from 60 days). 6) Bilingual Pay
 Addition of language establishing bilingual pay. Eligible employees will receive $200 per year once certified in speaking Spanish, Farsi, Korean, Russian, Sign, Hebrew, or any other language designated by the City. 7) Passport Services Assignment
 Addition of language establishing a six percent (6%) special assignment pay for each hour an employee is assigned to work the Passport Desk.

Meeting Date: June 21, 2022

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8) Wellness Pay
 Effective pay period following Council approval of MOU, employees will receive an additional 0.5% to their existing 1.0% (for a total of 1.5% of annual base pay) for wellness pay.
 Effective pay period including October 1, 2022, employees will receive an additional 0.5% (for a total of 2.0% of annual base pay) for wellness pay, subject to cost sharing per the terms outlined in the MOU. 9) Regular Part-Time Employee Leave Accrual
 Addition of language stating Regular Part-Time employees who become a full-time employee of the City shall receive seniority credit on a 2:1 ratio towards vacation accrual.
10) Bereavement Leave
 Addition of language establishing bereavement leave of two (2) scheduled work shifts per calendar year for the death of the following family members: child, parent (including parent-in-law), spouse, registered domestic partner, grandparent, grandchild, or sibling. 11) Hours
 Addition of language stating supervisors and managers are encouraged to provide employees with 14 days advanced notice of their assigned work schedules whenever possible.
12) General
 Reorganization of articles and sections
 Clarifying language to improve the ease of understanding and/or administration of MOU provisions
 Corrections or revisions to language in existing contract terms  Memorialization of procedures and practices not previously contained in the MOU.
 Removal of language no longer applicable or out of date, and addition of new language based upon current laws or regulations
In compliance with the City’s labor relations ordinance, Beverly Hills Municipal Code, Article 5 Section 2-5-503-B, the City Council may adopt or amend a memorandum of understanding only after two (2) public meetings. The first public meeting for these Employee Labor Negotiations occurred during the City Council Meeting on August 17, 2021. The second meeting, occurring this evening, is for the City Council to consider adoption of the negotiated terms of the Memorandum of Understanding for the Municipal Employees’ Association of Beverly Hills Part-Time Unit. Additionally, as required by the ordinance, a fiscal analysis of the proposed MOU was conducted. This fiscal analysis and the proposed Memorandum of Understanding were placed on the City’s website two weeks prior to this meeting, on June 7, 2020. The same documents are included as attachments to this report.

Meeting Date: June 21, 2022

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FISCAL IMPACT
In compliance with the Beverly Hills Municipal Code, Article 5 Section 2-5-505:

Economic Analysis, a fiscal impact analysis of the proposed Memorandum of Understanding was conducted by the outside firm, MGO Certified Public Accountants (Attachment 3). The preliminary total cost calculated was $787,232. Per the review conducted, there were minor formula changes recommended that resulted in an increased cost of $8,121 bringing the total to $795,353 over the two-year term.

Year 1 Year 2 Two-Year Total
Total 160,168 $ 635,185 $ 795,353 $
PT MOU Compounded Summary by Year
As the MOU expired on October 8, 2021, the Year 1 costs reflected above cover the period from October 9, 2021 through the pay period including October 1, 2022. Year 1 costs represent both a negotiated lump sum payment and other new provisions (2% COLA, 0.5% increased wellness pay, etc.) in effect for approximately three months (from July 2, 2022 through the pay period including October 1, 2022). Year 2 costs represent the aggregation of the impact of Year 1 provisions coupled with additional benefits (another 2% COLA, 0.5% increased wellness pay, etc.) that become effective in October 2022. Total cost over the two years of this MOU is $795,353.

Jeff Muir,
Director of Finance
Shelley Ovrom,
Director of Human Resources
Approved By Approved By
ATTACHMENT 1
Tentative Agreement - April 15, 2022

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND
MUNICIPAL EMPLOYEES’ ASSOCIATION

OF BEVERLY HILLS

PART-TIME UNIT
October 91, 202119 - October 68, 20231
i

TABLE OF CONTENTS
Page
INTRODUCTION .................................................................................................................. 1

1. SALARIES................................................................................................................. 1

2. OVERPAYMENT....................................................................................................... 2

3. DEFINITIONS ........................................................................................................... 2

4. APPOINTMENT AND ADVANCEMENT ................................................................... 3 A. Salary Placement......................................................................................... 3 B. Advancement Through Range .................................................................... 3 C. Performance Evaluations and Effective Date of Merit Increase ................ 4 D. Change in Classification or Status............................................................... 4 E. Acting Pay.................................................................................................... 4

5. ASSIGNMENT PAY .................................................................................................. 5 A. Lead Parking Attendant Assignment........................................................... 5 B. Rexford Attendant Assignment .................................................................. 5 C. Uniform Ordering Assignment.................................................................... 5

6. WELLNESS PAY........................................................................................................ 5

7. HEALTH INSURANCE............................................................................................... 6 A. Medical Insurance....................................................................................... 6 B. Opt-Out of Medical Insurance .................................................................... 6 C. Dental Insurance......................................................................................... 6 D. Vision Insurance.......................................................................................... 7

8. LEAVE BENEFITS...................................................................................................... 7 A. Regular Part Time Employee Leave Accrual ............................................... 7 B. Leave Request............................................................................................. 8 C. Leave Without Pay ...................................................................................... 8 D. Jury Duty and Witness Leave ...................................................................... 8 E. Paid Sick Leave Law Compliance................................................................. 9 F. Leave for School Activities........................................................................ 10 G. Family Care Leave ..................................................................................... 10 H. Military Leave............................................................................................ 10

9. HOLIDAYS.............................................................................................................. 10 A. Definitions................................................................................................. 10 B. City Determination of Employee’s Holiday Work Schedule ..................... 11 C. Premium Pay for Hours Worked on Holidays........................................... 11 D. Employees Not Scheduled to Work on Holidays...................................... 11

10. UNIFORMS ............................................................................................................ 11

11. HOURS................................................................................................................... 12

12. REST PERIODS AND MEAL TIMES......................................................................... 13

13. NON-DISCRIMINATION ........................................................................................ 14

14. MANAGEMENT RIGHTS........................................................................................ 14

15. PERSONNEL FILES ................................................................................................. 14

16. ASSOCIATION RELATED BUSINESS....................................................................... 15 A. Stewards Program..................................................................................... 15 B. Dues Deduction......................................................................................... 15 ii
C. Bulletin Boards.......................................................................................... 16 D. Use of City Facilities.................................................................................. 16 E. Association Business and Training ............................................................ 16 F. Payroll Deduction...................................................................................... 16 G. Translation Duties..................................................................................... 16 H. Personal Vehicles...................................................................................... 17

17. GRIEVANCE PROCEDURE FOR REGULAR PART-TIME EMPLOYEES ..................... 17 A. Definition of Grievance............................................................................. 17 B. Timeliness of Grievance............................................................................ 17 C. Grievance Procedure ................................................................................ 17 D. Hourly Part-Time Employees.................................................................... 18 E. Seasonal Part-Time Employees................................................................. 18

18. JOB DESCRIPTIONS AND RECRUITMENT OPPORTUNITIES ................................. 18

19. SERVICE CREDIT POINTS....................................................................................... 19

20. RETIREMENT......................................................................................................... 19 A. Social Security Alternative Retirement Plan............................................. 19 B. CalPERS Retirement Benefits.................................................................... 19

21. SAVINGS CLAUSE .................................................................................................. 21 EXHIBIT “A”: SALARY SCHEDULES ..................................................................................... 23 EXHIBIT “B”: DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” ..................... 31

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PART-TIME UNIT
(MUNICIPAL EMPLOYEES’ ASSOCIATION)

MEMORANDUM OF UNDERSTANDING
Municipal Employees’ Association of Beverly Hills, (herein after referred to as "MEA" or “Association”) a formally recognized employee organization, representing all its members within the Part-Time Unit, and duly authorized representatives of the management of the City of Beverly Hills (hereinafter referred to as "the City"), have met and conferred, freely exchanging information, opinions, and proposals, and have reached the following agreement on matters within the scope of representation.

INTRODUCTION

1. Integration: This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes all prior Memoranda of Understanding between the parties hereto.

It is recognized that there now exists now certain past practices or procedures which are in force and effect which affect wages, hours, and working conditions. To that extent, it is agreed that such practices, policies, and procedures shall remain in force and effect during the term of this agreement, unless they are inconsistent with provisions of this Memorandum of Understanding (hereinafter referred to as “MOU”), or unless subsequently changed by the meet & and confer process.

2. Term: Unless otherwise specified herein, this MOU shall be effective October 9July 1, 202119, and shall expire on October 68, 20231.

3. Agreement to Meet Regarding Administration of MOU: The City and MEA agree that they will meet informally during the term of this MOU to address any problems that arise related to the administration of this MOU. This includes, but is not limited to, changes in state or federal law that impact this agreement.

4. Furloughs: If the City requests that the Association meet and confer with the City on the subject of furloughs, the Association agrees it will do so promptly.

5. Unless specifically addressed in this MOU, any economic changes to this 2021-2023 MOU are effective on the first day of the pay period following City Council approval of this MOU.

5. The parties are continuing to negotiate on the subject of compensation for providing services at the Passport Desk in the Library.

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1. SALARIES
The City and MEA agree that those part-time employees who share the same classification as a full -time employee shall receive the same hourly rate as the full- time employee. Thus, any modifications to their compensation will only occur if such modifications are made to the fulltime employees’ (represented by the Technical Services Unit) compensation.

The following increases shall apply only to all employees in the bargaining unit except those who do not share the same classification as a full-time position:

Effective pay period including October 1, 2019, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2020, employees will receive a base salary increase of two percent (2.0%).

Effective the first day of the pay period following City Council approval of this MOU, employees shall receive a payment for the equivalent of one percent (1.0%) of base salary and .25% of base salary for wellness pay for the period of October 9, 2021 through the last day of the pay period preceding City Council approval of this MOU.

Effective the first day of the pay period following City Council approval of this MOU, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2022, employees will receive a base salary increase of one and two percent (2.0%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “A”.

Effective the pay period following Council approval of this MOU, each current employee will be placed on the salary schedule (Exhibit A) at a pay rate that will be at the first step at or above their current pay rate. On their next two anniversary dates from the date of Council approval of this MOU, assuming the employee qualifies for a step increase, they will be moved to a step that will ensure their pay rate is at or the lowest step that is equal to or above the step they would have been advanced to in the salary schedule of the 2019-2021 MOU. This provision shall only apply to employees in the bargaining unit effective on the first day of the pay period following City Council approval of this MOU.

Employees in the classifications of Pre-School Teaching Assistant, Pre-School Teacher and Pre-School Head Teacher shall be advanced to Step three (3) of the new salary schedule effective on the first day of the first pay period following council approval of this MOU.

For employees in other classifications, including, but not limited to, the classifications of recreation leader, recreation specialist and community services assistant (tennis clerk),

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that are being studied by the City and the Association, the parties will continue to negotiate over the study, including employees’ placement on the salary range.

2. EMPLOYEES WORKING IN TWO CLASSIFICATIONS
All bargaining unit employees covered by the MOU, shall be permitted to apply for, and hold, a second part-time position with the City in a different classification.

Such employees shall be paid the respective designated hourly rate of pay for each hour worked in each of the positions they hold.

An employee holding two hourly part-time positions in different classifications will not convert to a regular part-time employee if the sum of the hours regularly scheduled to work in each position totals 25 or more hours per week.

32. OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime, or any other form of compensation contained in this MOU), than he/shethey areis entitled to receive (i.e., is overpaid), the City will inform the employee and the President of the Association. The City will work with the employee to reconcile the overpayment, and if overpaid will work to create a repayment schedule.

43. DEFINITIONS
The parties agree that part-time employment includes three (3) different types of employees. All employees in the bargaining unit are at-will (as defined by Labor Code section 2922) and do not have civil service protection. These types of employees are defined as follows:

1. Regular Ppart-Ttime: an employee exempt from the civil service system who has been appointed to work 25 hours or more aper workweek.

2. Hourly Part-Time: an employee exempt from the civil service system who has been appointed to work less than 1,000 hours in a fiscal year.

3. Seasonal pPart-Ttime: an employee exempt from the civil service system who has been appointed to work for 120 days or less at a rate of for 40 hours or less a week.

54. APPOINTMENT AND ADVANCEMENT
A. Salary Placement

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Part-time appointments to a position in any authorized classification are normally made at the first step of the appropriate salary schedule. At the discretion of the appointing authority and approval of the Human Resources DirectorDirector of Human Resources, appointments may be made at a higher step. All appointments require the approval of the respective appointing authority and the Director of Human Resources.

There are certain classifications within the bargaining unit (such as Recreation Specialist) which are assigned to a salary range that does not have associated steps. These employees are placed within the range at an hourly rate designated and approved in accordance with approval process referenced in the prior paragraph.

The parties have been engaged since 2016 in evaluating the creation of salary steps for those classifications that have salary ranges as opposed to salary steps. The parties agree they will continue to negotiate this issue during the term of this MOU.

B. Advancement Through Range

1. Hourly and Seasonal employee advancement:

An hourly employee will be eligible to receive a merit increase upon the completion of 500 hours, provided that he/she has received a performance evaluation with an overall rating of satisfactory or better. That increase shall be effective at the beginning of the pay period following the completion of 500 hours.

Annually thereafter, (assuming the employee’s last performance evaluation had an overall rating of satisfactory or better) hourly employees will be eligible for salary step increases each year on the employee’s anniversary of the date he/she reached 500 hours, until he/she has achieved the top step of the salary range.

2. Salary advancement for employees in classifications without steps:

Employees who are in a classification with an associated range that does not have designated salary steps will be eligible for a salary increase of $0.50 per hour upon completion of 500 hours, provided the employee has received a satisfactory or better performance evaluation. That increase shall be effective at the beginning of the pay period following the completion of 500 hours. Annually thereafter, (assuming the employee’s last performance evaluation had an overall rating of satisfactory or better) these employees will be eligible for merit increases of $0.50 per hour. Upon recommendation from the supervisor and approval by the department head, an increase of more than $.50 may be granted.

3. Salary Advancement for Regular Part-Time Employees

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Regular and Hourly Ppart-Ttime employees, upon the employee’s anniversary date, will be are eligible each year to receive a merit increase to the next step on the salary schedule effective on their anniversary date provided said employee has received a performance evaluation with an overall rating of satisfactory or better. Thereafter, Rregular and Hourly Ppart-Ttime employees will be eligible for salary step increases each year on their respective anniversary dates until they have achieved the top step of the salary range. Such step increases will only be granted upon the employee earning a satisfactory or better performance evaluation. The effective date of the increase shall be the employee’s anniversary date.

Seasonal Part-Time employees are paid a flat rate and do not advance through salary steps.

C. Performance Evaluations and Effective Date of Merit Increase All performance evaluations shall be issued and advancements shall be effective on the anniversary date and properly noted on the appropriate personnel forms. In the event the employee does not receive a performance evaluation within fourteen (14) 60 days, the employee will receive the applicable salary adjustmentmove to the next step on the salary range retroactive to its due date. The effective date of the merit increase shall be the anniversary date.

D. Change in Classification or Status
If a Regular or Hourly Part-Time an employee is moved to a new, higher classification, he/shethey shall be placed at the lowest a salary step of in the new classification thatwhich provides the employeewill be an hourly rate increase of at least five percent (5%) higher than the employee’s salary in his/her prior classificationbut no higher than the top step of the higher classification. If a Regular or Hourly Part-Time employee voluntarily demotes, they shall be placed at the salary step of their new classification that is closest to, but not above the hourly rate the employee was paid in the classification from which they demoted.

If an employee moves from an hourly part-time to regular part-time position within the same classification prior to reaching his/her first salary advancement, he/she will still receive a step increase upon completion of 500 hours (rather than waiting a year until after he/she is in the regular part-time position for a year). In this case, the employee will be eligible for annual step increases from the date he/she reaches 500 hours.

E. Acting Pay
Every employee assigned to and working in a classification with a salary range above that of the employee's regularly- assigned position as the result of special departmental need shall be paid six percent (6%) higher than the employee’s current base salary as acting pay or the bottom step of classification to which the employee is assigned whichever amount is higher.

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Employees receiving acting pay shall not receive the pay when on universal leave for one consecutive calendar week or longer.

1. Where an employee is assigned to work in a position out of classification with less than two weeks’ notice, the acting pay can be approved (and the employee is then authorized to be paid) by an email where the Department Head approves it. The employee will not be required to perform the work until he/shethey receives written approval (in the form of an email from the Department Head) authorizing the work and pay.

2. Where the employee is assigned to work in a position out of classification with more than two weeks’ notice (i.e., the work will be performed more than two weeks after the request is made) the process for approval requires that established departmental procedures are followed and authorization from the Ddepartment Hhead or designee is obtained. This requires the completion and approval of the necessary personnel forms (personnel action form and acting pay request form) submitted to Human Resources.

To be eligible for compensation (as described above) for working in a position out of classification, the employee has to satisfy the minimum qualifications for the higher classification, and also be capable of performing the specific tasks which he/shethey will be performing during this acting time and which differentiates it from the lower classification.

The parties agree that to the extent permitted by law, the compensation for Acting Pay is special compensation for “classic member” employees enrolled in CalPERS as defined in Exhibit B to this MOU and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.

F. Bilingual Pay
The City shall pay two hundred dollars ($200) per year (paid$7.69 bi-weekly) ($200 per year) to employees who are authorized by their supervisor to use bilingual skills and who are certified by the City’s bilingual testing providerCounty of Los Angeles or other agencies approved by the City.

The certification will be to test the written and oral proficiency in Spanish, Farsi, Korean, Russian, Sign, Hebrew or any other language designated by the City. Those employees who receive bilingual pay will be required to speak the alternate language in the course and scope of their employment. In addition, if receiving the pay, an employee may be asked to assist in translating even if unrelated to his/her specific job duties.

The parties agree that to the extent permitted by law, the compensation for Bilingual Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Bilingual Premium.

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65. ASSIGNMENT PAY
All compensation adjustments require formal action to be effective. As such, no compensation adjustments authorized by this article shall become effective until an official transaction form authorizing the adjustment is approved by the Human Resources DirectorDirector of Human Resources.

A. Lead Parking Attendant Assignment
Employees in the classification of Parking Attendant who are assigned as a shift lead will receive assignment pay of fourteen percent (14%) while so assigned.

B. Rexford Attendant Assignment
Employees in the classification of Parking Attendant who are assigned to the Rexford Parking Structure Booth will receive assignment pay of five percent (5%) while so assigned.

C. Uniform Ordering Assignment
Employees in the classification of Parking Attendant who are assigned the responsibility of ordering uniforms will receive assignment pay of five percent (5%) while so assigned. The Parking Attendant shares some of the responsibilities with the Parking Supervisor (who is not represented by the Association). The delineation of the responsibilities is as follows:

Parking Attendant Uniform Bonus Assignment Parking
Attendant
Parking
Supervisor
Uniform Assignment checklist X
Uniform Fittings X X
Prepare Uniforms for Pick Up Vendor/Employees X
Receive Uniforms from Vendor/Employees X
Provide invoice for review X
Review invoices - noting revisions X X
Report errors to Supervisor X
Report errors to Manager/PW X
Schedule uniform fittings for new employees X
Request changes to uniforms/sizes/returns X X
Report damages X X
Secure Inventory X
Weekly meeting X X
D. Passport Services Assignment

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Employees assigned to Passport Desk in the Library to perform Passport service shall be paid six percent (6%) of their hourly rate for each hour they are assigned to the Passport Desk.

76. WELLNESS PAY
The City agrees that effective the pay period including October 1, 2019, employees in the unit will receive one half of one percent (1.00.5%) for each hour worked up to 40 hours in a week (i.e., not for overtime hours) of each employee’s annual base pay for wellness pay. Effective the pay period following City Council approval of this MOU, the City agrees that employees in the unit will receive an additional one-half of one percent (0.5%) (for a total of 1.5% of annual base pay) for wellness pay.

Wellness pay is provided to employees to promote wellness. This includes, but is not limited to, purchase of gym memberships, physical fitness equipment or medical exams or treatments designed to improve overall employee health. The City and the Association agree that this form of pay does not qualify as special compensation per Title 2 Section 571 or 571.1 and is therefore not pensionable.

Effective the pay period including October 1, 2022, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 2.0% of annual base pay) for wellness pay.

However, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds

10.303%, (the 2020-2021 Rate) the amount of the wellness pay shall be reduced by the one-half of the percentage increase over 10.303%, up to a maximum of one percent (1%). For example, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 11.503% (a 1.2% increase over the 2020-2021 rate), employees’ receipt of Wellness Pay will be reduced by 0.6% on an ongoing basis (i.e., will decrease from 2.0% to 1.4%). If the City’s Fiscal Year 2022- 2023 Employer Miscellaneous Normal Cost Rate increases to 12.5% (which is more than 2% above the 2020-2021 rate), the employees’ Wellness Pay shall be reduced by one percent (1%), the maximum amount (i.e., will decrease from 2.0% to 1.0%).employees in the unit who are in CalPERS will cost share on an ongoing basis (in accordance with Government Code section 20516(f)) as follows:

Classic Employees: One-half (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of compensation earnable.

New Members as defined by the Public Employees’ Pension Reform Act of 2013: One-half (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of pensionable compensation.

This cost share would be effective the first day of the pay period including October 1, 2022. For example, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases

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to 11.503% (a 1.2% increase over the 2020-2021 rate), employees will cost share 0.6% on an ongoing basis. If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 12.5% (which is more than 2% above the 2020-2021 rate), the employees shall cost share 1.0%, the maximum amount. Rate increases will be applied to the one thousandth of a percent. If there is rounding necessary, the City will round up. The maximum cost share an employee can pay effective the first day of the pay period including October 1, 2022 is one percent (1.0%).

If the Association ever informs the City that it no longer agrees to cost share, the employees’ wellness pay will be reduced by the same percentage as reduction in the cost share.

For employees who are not in CalPERS, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303%, the City’s contribution to each employee’s 457 FICA Plan Account will be reduced by one half of the amount above 10.303% up to a maximum of one percent (1%).

Effective the pay period including October 1, 2020, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 1% of annual base pay) for wellness pay.

87. HEALTH INSURANCE
A. Medical Insurance
Regular Ppart-Ttime employees (as well as any other employee in the unit who reach the hours’ threshold for coverage under the Affordable Care Act) will be offered health insurance benefits at the time of hire. The City shall provide health insurance plans through the Public Employees’ Retirement System (CalPERS).

The City shall contribute an amount equal to the single party premium rate of Kaiser HMO for the Los Angeles Region (as set forth by CalPERS) for the purchase of medical insurance. This contribution is inclusive of the annual CalPERS statutory minimum amount. Since the City is only paying for single party coverage, a Rregular Ppart-Ttime employee may purchase dependent insurance, either two party or family coverage over the City’s contribution at the employee’s expense. An employee may select coverage of any CalPERS medical plan for themselves him or herself and any eligible dependents.

If at any time during the term of the MOU, the City is subject to penalties under the Affordable Care Act (“ACA”), the parties agree to reopen negotiations on that provision of the cafeteria plan subjecting the City to such penalties for the limited purpose of making changes to ensure that such penalties are avoided.

B. Opt-Out of Medical Insurance

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A Rregular Ppart-Ttime employee may opt out of medical insurance if the employee is able to demonstrate to the City’s satisfaction that he/she has minimum essential coverage as defined by the Affordable Care Act, (through another source other than coverage in the individual market, whether or not obtained through Covered California). Employees electing to “opt out” (i.e., not receive any insurance benefits) will receive $100 per month added to their paycheck. . After electing this provision, an employee who later requests to re-enroll shall do so pursuant to CalPERS rules and procedures. who opts out will not receive the City’s health insurance contribution in Section 8A who satisfies the Eligible Opt-Out Arrangement rules of the Affordable Care Act, shall be paid $100 per month in lieu of medical insurance benefits. An employee who later requests to re-enroll may do so pursuant to CalPERS rules and regulations. The City shall provide employees the opt-out form on an annual basis during the open enrollment period.

C. Dental Insurance
The City shall make available a dental benefit plan for Rregular Ppart-Ttime employees. The City shall contribute the single party rate for this plan. A Rregular Ppart-Ttime employee may select dependent coverage at the employee’s cost. While Guardian is currently the carrier for dental insurance, the benefits, terms, conditions, and provider for such plan shall be as determined solely by the City (provided that such plan is no less favorable than a plan available to any other group of City employees).

D. Vision Insurance
The City shall make available a vision insurance plan for Rregular Ppart-Ttime employeesin which . Employees in the unit they can enroll in the City’s vision insurance at their own expense.

98. LEAVE BENEFITS
A. Regular Part- Time Employee Leave Accrual

1. Regular Ppart-Ttime employees will accrue universal leave. Leave accruals are called universalSuch leave and may be used for illness and injury (as traditional sick leave is used) or scheduled in advance for rest and relaxation (the way traditional vacation is used). Time in sService (to be eligible for universal leave as set forth in the chart below)credit will begin to accrue on an employee’s date of hire. An employee who leaves this unit for another position in a full-time unit and then returns to the part-time unit (i.e., this unit) will have their time in the fulltime unit count as time in service for purposes of accruing universal leave.

Regular Ppart-Ttime employees shall accrue leave as set forth in the following chart. The number identified below for years of service for leave accrual will be multiplied by the number of hours worked in a pay period for eligible employees.

Thus, for example, if an employee with 9 years of service works 50 hours in a pay

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period, his/hertheir leave accrual will be 50 x .06 = 3 leave hours accrued in the pay period.

First 7 years of service
as a Rregular PpartTtime employee
7 - 14 years of service as
a Rregular Ppart-Ttime
employee
After 14 years of service as
a Rregular Ppart-Ttime
employee
.04 .06 .08
Said leave may be used for any authorized absence.

2. Leave accruals shall be cashed out upon separation from City employment at the employee’s final base hourly rate of pay.

3. Regular Ppart Ttime employees may accrue up to a maximum of 240 hours of universal leave as provided herein. Once an employee accrues 240 hours of universal such leave, he/shethey will not accrue additional universal leave until he/shethey reduced his/hertheir accruals below 240 hours. Supervisors will not unreasonably deny a request to use universal leave requested in advance so that employees at the 240 hour cap may reduce their accruals.

4. The unused leave balance of Rregular Ppart-Ttime employees appointed to fulltime probationary or exempt positions will be converted to vacation time credit, effective on the date of appointment, since full- time employees earn vacation, not universal leave. Such vacation time shall be subject to all of the rules, regulations, or procedures that apply to vacation time and its use in the applicable unit, group, or department, including, without limitation, rules applying to the use of vacation during probation.

5. Regular Part-Time employees who become a full-time employee of the City shall receive seniority credit on a 2:1 ratio towards vacation accrual. For example, a 12-year Regular Part-Time employee who becomes a member of the full-time MEA bargaining unit shall accrue vacation as though they were a six-year employee in the full-time unit. Only time spent as a Regular Part-Time counts for purposes of qualifying for this benefit.

B. Leave Request
An employee using universal leave as traditional vacation shall make written request for such leave. Ordinarily, seven (7) days’ advanced notice shall be required to use leave as traditional vacation. However, an employee wishing to use universal leave as traditional vacation with less than seven (7) days’ notice may make a request. Such request will be considered within the discretion of the employee's supervisor. Every Ddepartment Hhead shall, if necessary, establish a leave schedule for each calendar year. The Ddepartment Hhead will make decisions on base leave time requests based on seniority (defined as length of service with the City) and will grant leave time if the employee can be spared. Once leave time is requested, the Ddepartment Hhead

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shall notify the employee as soon as possible whether his/hertheir request is approved, and if not, when alternate leave time may be granted. An employee using universal leave for unscheduled absences (e.g., sick leave) shall follow department protocols.

C. Leave Without Pay
An part-time employee may be granted leave time without pay. The Ddepartment Hhead will make decisions on base leave time requests based on seniority and will grant leave time if the employee can be spared. Once leave time is requested, the Ddepartment Hhead shall notify the employee as soon as possible whether his/hertheir request is approved, and if not, when leave time may be granted. The City will endeavor to grant requests for leave without pay whenever possible. However, given the operational needs of the City, there is no guarantee that the employee’s job will remain open once the leave expires. In addition, even if the employee’s job is still available, changes in work schedule or job location may occur if necessary for operational reasons.

D. Jury Duty and Witness Leave
Jury Duty

1. An employee who is called for jury duty shall be compensated (as though he or she was working) for those hours of absence due to the jury duty that occurs during the employee’s regularly- scheduled working hours. Employees are required to provide documentation to Human Resources that they are on jury duty and once completed, documentation from the court that they have completed their jury duty service. This documentation is necessary for employees to receive pay for jury duty.

2. If a unit member is required to be absent from work to report for jury duty, the employee will notify his/hertheir supervisor of the absence as soon as possible, including, a phone message the night before if the employee finds out via a phone recording that he/shethey must report the next day.

3. An employee on jury duty must either return to work after the jury service is done for the day if there are still four (4) hours or more left on his/hertheir shift or call in to his/hertheir supervisor and ask to use leave to cover the rest of his/hertheir shift.

4. An employee who is called to jury duty on a non-working day will not receive compensation or be authorized to change their schedule as a result of being called to jury duty.

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5. An employee who is scheduled for a swing or graveyard shift on a day he/shethey areis called to jury service will be authorized to change his/hertheir work hours in order to report to jury service under the same provisions of 1-3 above.

6. An employee who is called to jury duty will not be subject to working his/hertheir full graveyard or swing shift if there is not a minimum of ten (10) hours before or after assigned jury duty. If there is less than ten (10) hours between the end of a shift and the start of jury duty, an employee will be permitted to leave his/hertheir shift early to allow for a minimum break of ten (10) hours. If there is less than ten (10) hours between the end of jury duty and the start of their shift, an employee will be able to delay his/hertheir usual start time to ensure a ten (10) hour break in between. In this event, the employee’s usual end time will remain the same.

For any additional time taken off before or after jury duty, an employee will be required to utilize paid accrued time subject to supervisor approval.

Witness Leave
Any employee who is required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding in a matter other than one to which the employee is a party, shall be allowed time off without loss of pay to perform such duties. All fees to which the employee is entitled by law for such services shall be paid (less transportation allowance, if any) to the City. Per California Labor Code Section 230(b), an employee shall be allowed time off without pay to appear at a matter outside the scope of his/hertheir employment in which the employee is a party. An employee who is participating in a judicial or quasi-judicial proceeding that is within the scope of his/hertheir employment shall be paid as part of work hours.

E. Paid Sick Leave Law Compliance
The City will comply with Labor Code 245-249 by providing paid sick leave for part-time Hhourly employees at the rate of one (1) hour for every thirty (30) hours worked. Additionally, universal leave accrued by Rregular Ppart-Ttime employees may be used as sick leave for the reasons specified by law. An Hhourly employee may use half of his/hertheir annual accrual of sick leave for family illness reasons specified by law. An Hhourly or Sseasonal employee who becomes a Rregular Ppart-Ttime employee shall haveretains any sick leave he/shethey accrued converted to universal leave at the time they become a Regular Part-Time employeewhich may be used when the employee becomes a regular part-time employee. All of that sick leave can be used by the employee for his/her own sickness.

F. Leave for School Activities
All requests for leave for the purposes provided by California Labor Code section 230.8 (leave to participate in school- related activities of the children of association members) will comply with the law.

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G. Family and Medical Care and Kin-Care Leave
The City shall comply with California Labor Code section 233 (Kin-Care) and the state and federal Family and Medical Care Leave Acts. The City’s policies regarding these laws are available on the Bevy and in the Human Resources Departmentoffice.

H. Military Leave
The City shall comply with the federal (Uniformed Services Employment and Reemployment Rights Act) and state (Military and Veterans Code) law when an employee’s absence is due to military leave.

I. Bereavement Leave
Bereavement leave for Regular Part-Time employees is an absence occasioned by the death of a family member, herein defined as a spouse, parent, grandchild, brother, sister, child, step-child, grandparent, in-law relations (father-in-law, brother-in-law, daughter-in-law, etc.) or registered domestic partner of the employee. This list shall include anyone over whom the employee has a legal guardianship.a child, parent (including parent in law), spouse, registered domestic partner, grandparent, grandchild or sibling.

Up to a maximum of two scheduled work shifts of bereavement leave per calendar year may be used in the event of the death of a family member.

Requests for bereavement leave shall be made in writing, when feasible, and shall be approved by the department head or designee.
109. HOLIDAYS
A. Definitions:

The following are holidays subject to this article.

New Year’s Day (January 1st)
Martin Luther King, Jr. Day (3rd Monday in January)
Presidents’ Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (4th of July)
Labor Day (1st Monday in September)
Veterans Day (November 11th)
Thanksgiving Day (4th Thursday in November)
The day after Thanksgiving Day

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Christmas Day (December 25th)
These are generally recognized as City holidays on which City facilities may be closed and/or service levels impacted. If the City recognizes “Juneteenth” as an additional City holiday for any bargaining unit, it shall be recognized for this unit as well.

Premium holiday pay is defined as one and one-half (1 ½) times the employee’s regular rate of pay for time worked on a holiday listed above.

B. City Determination of Employee’s Holiday Work Schedule The City shall determine a Rregular Ppart-Ttime employee’s holiday work schedule no less than fourteen (14) days prior to the actual workday. Generally, an employee’s normal work schedule within the workweek shall not be changed to avoid payment of holiday pay.

Normal work schedule is defined as the specific hours to be worked as well as the physical location of that work. The physical location may be any or all locations as determined by the applicable Ddepartment Hhead and/or theirhis or her designee.

C. Premium Pay for Hours Worked on Holidays
Regular Ppart-Ttime employees who are authorized to work any of the holidays designated in this article will be paid premium holiday pay for all hours worked.

Hourly Part-Time employees assigned to work on Independence Day (July 4th), Veterans Day (November 11
th
), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25 th
)
or New Year’s Day (January 1st) shall be paid the premium holiday rate.

In no case, even if the employee works in excess of forty (40) hours per week, will the employee receive more than one and one half (1½) times for any hours worked.

D. Employees Not Scheduled to Work on Holidays:

Employees (including Rregular Ppart-Ttime, Hhourly, or Sseasonal) who are not required to work on a holiday shall not receive holiday pay. However, an employee may choose to use his/hertheir accrued universal leave on holidays he/shethey areis not required to work (because the City or their work location is closed) but would otherwise be scheduled.

If a holiday one of the following holidays (New Year’s Day, 4 th of July, Veteran’s Day or Christmas)
falls or is recognized as falling on a weekendan employee’s regular work day and the City closes a City facility(ies) on the preceding Friday or subsequent Monday, Regular Part-Time employees who are not required to work on the Friday or Monday as a result will be entitled to work the

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hours they would have otherwise been scheduled (on the closed Friday or Monday which is not an official holiday) within the same pay period.
110. UNIFORMS
Uniformed personnel shall receive uniforms at the City's expense. Said uniforms shall be the property of the City. The City shall replace damaged or worn- out uniform parts, as necessary.

The specific uniform requirements shall be contained in the A.R. 3B.14.

The parties agree that to the extent permitted by law, the value of the uniforms provided herein is special compensation and shall be reported as such pursuant to Title 2, CCR 571(a)(5). The City will report as special compensation the value of the uniforms for unit members who are “Classic Members” (as described in Exhibit C to this MOU) per the Public Employees’ Pension Reform Act of 2013. “New members” as defined under the Public Employees’ Pension Reform Act of 2013 are not permitted to have the value of the uniforms reported as special compensation. 121. HOURS
The hours of work for pPart-Ttime employees, by their nature, vary. Generally, Ppart-Ttime employees will work a regular schedule. Part-time employees shall receive their respective hourly rate for work up to forty (40) hours per workweek. Hours worked over forty (40) hours per workweek will be compensated at one and one-half (1½) times the employee’s regular rate of pay.

The scheduling of hours for Ppart-Ttime employees shall be based on seniority (defined as time in the employee’s classification), herein defined as length of service with the City. The more senior employees possessing the necessary skills to perform the work within the job classification will be assigned the greater number of hours. Scheduling of hours within each job classification shall be made in the following order: Regular Part-Ttime, Hourly Part-Ttime and Seasonal PartTtime.

The scheduling of the shifts starting times for Ppart- Ttime employees shall be based upon seniority, herein defined as time in the employee’s classificationlength of service with the City.

The more senior employees possessing the necessary skills to perform the work within the job classification will be given preference in the selection of shiftsstart times. Shiftselectionsstarting time within each job classification shall be made in the following order: Regular Part- Ttime, Hourly Part-Ttime and Seasonal Part-Ttime.

Notwithstanding the above, management has the right to schedule employees based upon the need and the qualifications necessary to perform the specific work needed to be completed.

Management retains the right to establish work schedules and hours, including making schedule changes where necessary. Supervisors and managers are encouraged to provide employees with 14 days advance notice of their assigned work schedules whenever possible.

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When the pre-school is on a break and/or students are not in attendance, the Pre-School teachers Head Pre School Teachers and Pre School Assistants will still be assigned to work a minimum of twenty-five (25) hours per week. However, all such work must be performed at the City (with the exception of purchasing supplies or equipment) and must be accounted for on the teachers’ time sheets. The teachers, at their option, may request to use accrued leave time (i.e., universal leave) to cover all or part of the twenty-five (25) hours. Approval of such leave time will be in accordance with the leave approval practices and provisions of this MOUAgreement.

Accurately Reporting Time Worked
Employees are required to accurately report all time worked on their time sheets and submit all time sheets by the deadline established by the Payroll Division of the Finance Department. Under no circumstances may an employee work any time in addition to his/hertheir regular work hours before or after work or on an unpaid meal break without first receiving approval in advance from his/hertheir supervisor.

Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time. This is illustrated by the following:
0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
For example, if an employee whose work schedule is 7:30 a.m. to 12:30 p.m. works until 12:48 p.m. he/shethey would record 5.3 hours for the day.

The parties agree that if the City makes any timekeeping system upgrades during the term of this MOU, if there are any meet and confer/consult obligations (either impacts or any decisions which may require meet and confer) the Association and/or the City agree to promptly meet and confer/consult if requested by the other party.
132. REST PERIODS AND MEAL TIMES
At the discretion of the City, rest periods will be provided to employees whenever possible. Such rest periods will be provided at the rate of ten (10) consecutive minutes for each four (4) (or major portion thereof) hours worked, and will occur as near as possible to the middle of the work

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period. Rest periods are paid as time worked and will be scheduled by the City. The City may require employees to remain on the premises during the ten (10) minute break(s).

Ten (10) minute rest periods will be provided as follows for the hours involved.

Total Hours of Work Rest Periods Authorized Per Shift
0- 3.5 0

3.5- 6.0 1

6.0-10.0 2

10.0-14.0 3

14.0-18.0 4
A one-half (0.5) hour meal period will be provided for every five (5)-hour work period, unless six (6) hours of work will complete the day's work and the employee voluntarily elects to forego the meal period. As the City and the Association agree that customer service is important, those employees whose work stations necessarily come into contact with the public will not be allowed to consume food at their work stations. Such employees will, if eligible for a meal period as outlined above, be required to take their meal periods away from their respective work station.

Meal periods will be uncompensated by the City unless agreed to by the City in advance of the individual meal period.
143. NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religious creed, color, sex, age, disability, national origin, sexual orientation, ancestry, gender, gender identity, gender expression, marital status, or any other protected status defined under anti-discrimination laws. 154. MANAGEMENT RIGHTS
Except as limited by the specific and express terms of the MOU, the City hereby retains and reserves unto itself, all rights, powers, authority, duty, and responsibilities confirmed on and vested in it by the law and the constitution of the State of California and/or United States of America.

The management and the direction of the work force of the City is vested exclusively in the City and nothing in the MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees; the right to hire, promote, demote, transfer, assign, schedule and retain employees in positions within the City; suspend or discharge employees; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means, and appropriate job classification organizational structure and personnel by which the operations are carried out; and to establish qualifications and quality standards.

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165. PERSONNEL FILES
The City shall maintain only one official personnel file for each employee covered herein. The official personnel file shall be housed in the City's Human Resources Department. Employees herein shall be entitled to review the contents of their official personnel file at reasonable intervals provided that the employee schedules an appointment, at least twenty- four (24) hours in advance, during the regular hours of the Human Resources Department. Employees often receive commendations or other positive comments about their work from citizens or other employees. Employees have the right to request that any such positive written comments be placed in their personnel file and said comments will be placed in the personnel file. Comments adverse to an employee’s interests shall be provided to the employee prior to such comments being placed in the employee’s personnel file. An employee shall have thirty (30) calendar days in which to attach a response to an adverse comment. Any such response shall accompany the adverse comment in the employee’s personnel file.
176. ASSOCIATION- RELATED BUSINESS
A. Stewards Program
MEA may select a total of six (6) stewards for this Unit. MEA shall give to the City's representative a written list of employees who have been selected as stewards. This list shall be kept current by MEA and submitted to the Human Resources DirectorDirector of Human Resources every six (6) months. The role of the steward is to provide timely MEA representation to employees seeking such assistance in the resolution of employment disputes or potential employment disputes.

Stewards, when leaving their work locations to fulfill their responsibilities as steward, shall first obtain permission from their immediate supervisor and inform them of the general nature of the business. Permission to leave shall be granted promptly unless such absence would cause undue interruption of work. If such permission cannot be granted promptly, the steward shall be, if possible, informed when time may be made available.

MEA stewards shall complete a time- use slip to document MEA activity time used as part of the allocation set forth herein. This slip shall be initialed by the steward using the time and by the supervisor authorizing it. The authorization slip shall be submitted to the Human Resources Department. Steward business which is subject to release time according to this Article may be conducted only at City work locations. Employees must track their use of Steward business in the City’s timekeeping system by using appropriate payroll codes so that the City can keep accurate, ongoing records of the amount of leave used for the year at any time.

Upon entering a work location, the steward shall inform the appropriate supervisor of the nature of the business. Permission to leave the job shall be granted promptly to the employee involved unless such absence would cause an undue interruption of work. If the employee cannot be

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made available, the steward shall be immediately informed, if possible, when the employee may be made available.

MEA agrees that a steward shall not log compensatory time (which is only applicable to a Steward in the full-time MEA unit) or overtime pay for the time spent performing any function of a steward. To the extent possible, due to the nature of part-time employment, the City expects some of the stewards to conduct association related business on his/hertheir own time.

B. Dues Deduction
The City shall remit the dues deductions in the amount the Association sets on a periodic basis.

Deduction authorizations shall remain in full force and effect until, and so long as, MEA remains the formally- recognized employee representative for this Unit.

As some Ppart-Ttime employees work a limited number of hours, the MEA does not wish for dues to constitute a financial hardship. If two percent (2%) of the employee’s (Association) gross pay per pay period is less than the amount of the dues, then the payroll deduction shall be two percent (2%) of the employee’s gross pay. .

C. Bulletin Boards
MEA may post no more than two (2) MEA documents at any one time on City bulletin boards, provided that such documents are not of a political or discriminatory nature. The President of the MEA, or his/hertheir designee, shall be the only party authorized to approve notices for placement on City bulletin boards.

D. Use of City Facilities
Representatives of MEA may use City facilities for general membership meetings with City approval and prior approvalclearance from the individuals(s) responsible for scheduling rooms in the department. The MEAUnion may hold their Board of Stewards meetings during the lunch period or after work in the Library or other facilities, subject to City approval.

E. Association Business and Training
The City will grant up to one hundred (100) hours per contract year (October 1 – September 30) to MEA for the purpose of training and to conduct MEAUnion business in this bargaining unit.

TheSaid time shall be allocated by MEA as it believes appropriate. The Human Resources Department shall be notified of the use of this time and maintain records of its use as necessary.

MEA representatives utilizing this time shall notify their supervisors and shall endeavor to provide as much advance notice as possible. If the time is being used for training, the employee must notify their supervisor for approval as training is known in advance. Employees must track their use of the one hundred (100) hours in the City’s timekeeping system by using appropriate payroll codes so that the City can keep accurate, ongoing records of the amount of leave used for the

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year at any time. If an employee in the unit participates in the MEA issues meeting during work hours, it will not be deducted from the 100 hours.

F. Payroll Deduction
If, during the term of this MOU, the Association, on its own, provides its employees with an employee-paid disability insurance program and/or vision plan, the City agrees to make payroll deductions to ensure that the benefit is indeed being paid for by each employee who takes this benefit.

FG. Translation Duties
Neither Supervisors nor employees designated as Leads or Lead Workers shall direct employees to perform translation duties as part of their job.

GH. Personal Vehicles
Employees in this unit are not required to use their personal vehicles for City business. 187: GRIEVANCE PROCEDURE FOR REGULAR PART-TIME EMPLOYEES The City and the Association recognize that disputes related to this MOU will occur from time to time. It is both parties’ intent and desire that any such disputes be resolved quickly and amicably.

However, the parties recognize that occasionally disputes will need to be resolved by a neutral party. It is for that reason that the parties agree to the following provisions of their grievance procedure.

A. Definition of a Grievance
An allegation by an Regular Part-Time employee or the Association that there has been a violation, misinterpretation, or misapplication of the terms of this MOU or any past practice.

B. Timeliness of a Grievance
All grievances must be filed within sixty (60) calendar days of the occurrence giving rise to the grievance or the time within which the grievant (either the Regular Part-Time employee or Association) knew or should have known of the occurrence.

C. Grievance Procedure
The parties acknowledge that a grievance procedure is beneficial to resolve MOU disputes.

1. Step 1 – If either an employee or Association is the grievant – Communication with the Human Resources Department: Whenever an employee or Association believes that there

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has been a violation, misinterpretation, or misapplication of the terms of this MOU, the employee or Association shall inform the Human Resources DirectorDirector of Human Resources in writing of the alleged violation, misinterpretation, or misapplication. The Human Resources DirectorDirector of Human Resources shall either promptly schedule a meeting with the designated employee or the Association representative to discuss the grievance grievance, or may respond in writing within fifteen (15) thirty (30) calendar days. If a meeting is scheduled, the Human Resources DirectorDirector of Human Resources shall present his/hertheir determination in writing within fifteen (15) calendar days of the meeting. The response will be sent by e-mail to the designated employee or Association representative.

2. Step 2 – City Manager: If the employee or Association is not satisfied with the results of Step 1 (or the Human Resources DirectorDirector of Human Resources does not respond within the time limits for a response), the employee or Association may move the grievance to the City Manager. To do so, the employee or Association must present, in writing, to the Human Resources DirectorDirector of Human Resources a document setting forth the alleged violation, misinterpretation, or misapplication of the terms of this MOU and requesting that the grievance be submitted to the City Manager. This document must be presented within ten (10) calendar days of the date the Step 1 response was e-mailed to the employee or Association representative, or within ten (10) calendar days from the last date the response was due if no response is was given.

3. The City Manager or designee (who may only be the Assistant or Deputy City Manager) may hear the grievance or may choose to have a hearing officer (mutually selected by the parties from a list obtained from the Public Employment Relations Board) hear the grievance, and then issue a recommendation to the City Manager. If a hearing officer is chosen, he/shethey will make a recommendation to City Manager. The City Manager may accept, reject or modify the hearing officer’s recommendation or any part thereof. The City Manager's decision shall be issued within thirty (30) days and shall be the final administrative decision on the matter, subject to appeal under CCP §1094.5. who, within thirty (30) days, will issue a final decision on the grievance.

D. Hourly Part-Time Employees
Employee complaints and concerns over working conditions may be submitted to the Human Resources DirectorDirector of Human Resources for review. This review does not extend due process and/or any other rights or privileges to hourly employees. Rather, tThe Human Resources DirectorDirector of Human Resources will evaluate the matter and determine whether the complaint or concern is or is not valid. It is an opportunity to bring forth a complaint or concern, not a right to a hearing or any other process. If the Human Resources DirectorDirector of Human Resources determines that the complaint or concern is valid, he/shethey will determine whether action is necessary to address the issues raised in the complaint or concern.

MEA and the City agree that all hourly part-time employees are at-will and serve at the pleasure of the City. Hourly employees are not entitled to submit MOU disputes and/or disciplinary cases

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to the Human Resources DirectorDirector of Human Resources for review, and are not entitled to participate pursue an individualin the grievance using the procedure above.

E. Seasonal Part-Time Employees
MEA and the City agree that all seasonal part-time employees are at-will and serve at the pleasure of the City. Seasonal Ppart-Ttime employees shall have no right to review of MOU disputes, disciplinary matters and/or complaints orf concerns over working conditions by the Human Resources DirectorDirector of Human Resources. They shall also have no right to participate in the pursue an individual grievance using the procedure above. 198. JOB DESCRIPTIONS AND RECRUITMENT OPPORTUNITIES
The City shall provide MEA with a copy of any proposed change to any existing and/or new job description and MEA shall provide comments, if any, to the City within two (2) weeks upon receipt of the job description(s).

The City values the need and desire for all employees to be aware of new job openings and to have the ability to apply for those positions. The City agrees to notify MEA when openings occur and ensuresthat positions are open for at least seven (7) calendar daysto give existing employees the opportunity to apply for the opening. However, in the case of operational need, the City can request of the Association to be relieved of the seven (7) day posting requirement and the Association agrees that it will respond to the request within twenty-four (24) hours. 2019. SERVICE CREDIT POINTS
Service Credit Points – Service credit points shall be applicable to part-time City of Beverly Hills employees who pass the qualifying examination for a full-time position in the City. Those parttime employees who work a continuous 1,000 hours per calendar year (i.e., Regular Part-Time Employees) shall be entitled to one- half (1/2) of one service credit point for each year of service up to ten (10) service credit points. Service credit points shall be added to the examination score. 210. RETIREMENT
A. Social Security Alternative Retirement Plan
The City has adopted an Alternate Retirement Plan (ARP) through the Public Agency Retirement Services (PARS) for those unit employees who are not members of the California Public Employees’ Retirement System (CalPERS) and who are otherwise subject to mandatory Social Security coverage requirements. All eligible unit employees (i.e., all unit employees who are not included in CalPERS) will be covered by the PARS 457 Alternative Retirement Plan. Employees will continue to participate in and will make contributions toward Medicare, as required by law.

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If an employee is enrolled in the ARP plan at the time of hire and subsequently works 1,000 hours in any fiscal year, he/shethey will automatically be enrolled in CalPERS and shall be removed from the ARP provided through PARS.

The PARS 457 Alternative Retirement Plan provides that each pay period, 6.2% will be deducted from all eligible employees’ salaries and deposited into their PARS 457 FICA Plan Account. In addition, each pay period, the City will contribute 1.3% of each eligible employee's salary to their PARS 457 FICA Plan Account.

The form of the ARP, including subsequent up-dates, changes, or amendment, shall be as determined solely by the City, provided it meets the minimum benefit requirements for an alternate retirement system under the Internal Revenue Code. Any change in the substance of the plan must be made by agreement of the parties.

Employees with thirty (30) or more qualifying quarters in Social Security who wish to remain in Social Security for the purpose of obtaining the 40 qualifying quarters required to vest in Social Security may petition the Human Resources DirectorDirector of Human Resources.

B. CalPERS Retirement Benefits
Regular Part-Time employees will be enrolled in CalPERS at the time of hire and will receive the same retirement formula as other, similarly- situated, miscellaneous City employees who are enrolled in CalPERS. Should an Hhourly employee at any point work in excess of 1,000 hours in any given fiscal year, he/shethey will be enrolled in CalPERS.

The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth in Exhibit “B” to this MOU.

1. For “Classic Member” Employees
a) Retirement Formula: The City contracts with CalPERS to provide the 2.5% at 55 retirement formula set forth in California Government Code Section 21354.4.
b) Single Highest Year: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for miscellaneous employees of which “classic member” employees in the unit are included per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS.
c) Payment of Employee/Member Contribution: Classic Members pay their 8% Member Contribution. The City has adopted the CalPERS resolution in

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accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

2. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)
a) Retirement Formula: Employees Unit members who are defined as “new members” under the PEPRA, are covered by the 2%@ 62 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.20(a).
b) Retirement Benefit Calculation Period: For employeesunit members defined as “new members” under the PEPRA, such employees’ final compensation will be based on the highest annual average pensionable compensation during the three consecutive years of employment immediately preceding the effective date of theirhis or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).
c) Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS each year in their annual valuation, through a payroll deduction. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

In addition, new members will pay an additional amount for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). That amount will be the difference between the current half of the normal cost amount and eight percent (8%), so that their total retirement contribution will be eight percent (8%).

3. Additional Optional Benefits For All Employees in CalPERS a) 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor's Benefit per Government Code section 21574. Employees pay the employee premium for this benefit. b) Pre-Retirement Option 2 Benefit: The City’s contract with CalPERS provides for Pre-Retirement Optional Settlement 2 Benefit as set forth in Government Code Section 21548 for all employees covered by CalPERSin the unit.

Page 26 of 40 ends

c) Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024. d) Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551. e) Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.
f) Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620. g) Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.
221. SAVINGS CLAUSE
If any benefit or provision of the MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining benefits or provisions of the MOU shall remain in full force and effect. In the event of such invalidation, the parties shall replace any illegal or unenforceable benefit with another benefit or provision of equal or similar value. The City and Association shall meet and confer in good faith concerning the provision of a replacement benefit or provision of equal or similar value, including whether a replacement benefit or provision is necessary and appropriate. This section shall not require a replacement benefit or provision that will result in financial or administrative burden to the City, including the amount and timing, greater than the benefit or provision it is replacing. If the parties are unable to reach agreement, they agree to submit the matter to the procedure set forth in Article 185.

FOR THE MUNICIPAL EMPLOYEES’ ASSOCIATION OF BEVERLY HILLS _________________________ __________________________
Steve Jaramillo, President Date
Bargaining Team:
____________________________ ____________________________ Michal Burk Date
____________________________ ____________________________ Michael HoardRuth Perez Date

Page 27 of 40 ends

____________________________ ____________________________ Isoke MuhsinRyan Nelson Date
____________________________ ____________________________ Robert Wexler Date

FOR THE CITY OF BEVERLY HILLS
____________________________ ____________________________ Shelley Ovrom Date
____________________________ ____________________________ Kirsten Rowe Date
____________________________ ____________________________ Michael Nettles Date
____________________________ ____________________________ Peter Brown Date

Page 28 of 40 ends

EXHIBIT “A”

PART TIME UNIT HOURLY SALARY SCHEDULE
Effective 09/28/2019
PAC # Classification Step 1 Step 2 Step 3
RPT Hourly
6200
Administrative InternUndergrad $ 13.21 $ 15.19 $ 17.17 6200 Administrative Intern-Grad $ 17.17 $ 19.13 $ 21.11 5580 Assistant Market Manager $ 24.60 $ 25.83 $ 27.12
Building Maintenance
Attendant * (G-22) $ 19.72 - $ 24.43
4580 Cable TV/Video Assistant $ 12.24 - $ 27.90
4570 Cable TV/Video Associate I $ 25.29 - $ 31.35
4575 Cable TV/Video Specialist $ 12.24 - $ 40.56
5605 5606 Child Care Assistant - $ 12.24 $ 12.24
5600 5601 Child Care Counselor $ 12.24 $ 14.50 $ 16.79
Code Enforcement Investigator $ 21.35 $ 22.88 $ 24.41
Crime Prevention Officer $ 23.28 - $ 28.15
6191
Customer Service
Representative * (G-52) $ 26.58 - $ 32.92
6195 6196 Data Entry Specialist $ 14.66 $ 18.33 $ 21.99 5581 Farmer's Market Coordinator $ 22.36 $ 23.53 $ 24.77 3125 Fire Cadet $ 12.24 $ 12.40 $ 13.46
4025 Librarian I * (G-75) $ 33.41 - $ 41.39
4022 4021 Librarian II * (H-05) $ 36.54 - $ 45.27
4050 4051 Library Clerk I * (G-35) $ 22.44 - $ 27.80
4046 4047 Library Clerk II * (G-45) $ 24.79 - $ 30.71
4062 Library Page I $12.24 Flat Rate
4060 4061 Library Page II * (F-07) $ 12.24 - $ 14.33
4036 Library Technician * (G-58) $ 28.21 - $ 34.95
Lifeguard $ 12.55 $ 13.53 $ 14.51
Mechanic Helper $ 14.66 - $ 21.99
Park Maintenance Worker $ 16.94 $ 18.97 $ 21.00
3765 3766 Park Ranger $ 19.90 $ 22.14 $ 24.65
3615 3616 Parking Attendant $ 12.85 $ 14.36 $ 15.90
3617 Parking Specialist $ 12.85 $ 14.36 $ 15.90
3610 3611 Permit Parking Assistant $ 12.85 $ 14.36 $ 15.90 3115 Personnel & Training Specialist $ 23.96 - $ 29.35
3130 Police Cadet $ 16.89 $ 18.58 $ 20.27

Page 29 of 40 ends

5595 Preschool Assistant $ 12.24 $ 13.72 $ 15.24
5590 Preschool Teacher $ 15.53 $ 18.33 $ 21.10
5585 Preschool Head Teacher $ 22.00 $ 24.22 $ 26.41
5518 Program Operations Specialist $ 26.03 $ 28.97 $ 32.24 5560 Recreation Leader I $12.24 Flat Rate
5555 5556 Recreation Leader II $ - $ 12.24 $ 12.24
5550 5551 Recreation Leader III $ 12.55 $ 13.53 $ 14.51 5545 5546 Recreation Specialist $ 12.24 - $ 35.19
4041 Senior Library Clerk * (G-55) $ 27.38 - $ 33.92
4056 Senior Library Page * (F-16) $ 12.65 - $ 15.68
4546 Senior Support Specialist * (H-05) $ 36.54 - $ 45.27 5565 5566 Tennis Clerk $ 12.24 $ 12.58 $ 15.24
Tree Maintenance Worker $ 17.86 $ 19.95 $ 22.08
5542 Venue Coordinator $ 27.02 - $ 35.18
Volunteer Coordinator $ 20.69 $ 22.11 $ 23.51
*Salaries are based upon the 5-Step Salary Range of the equivalent classification in the MEA FullTime Unit (Salary range identified in parentheses)

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PART TIME UNIT HOURLY SALARY SCHEDULE
Effective 01/01/2020 (to comply with Minimum Wage requirements) PAC # Classification Step 1 Step 2 Step 3
RPT Hourly
6200
Administrative InternUndergrad $ 13.21 $ 15.19 $ 17.17 6200 Administrative Intern-Grad $ 17.17 $ 19.13 $ 21.11 5580 Assistant Market Manager $ 24.60 $ 25.83 $ 27.12
Building Maintenance
Attendant * (G-22) $ 19.72 - $ 24.43
4580 Cable TV/Video Assistant $ 13.00 - $ 27.90
4570 Cable TV/Video Associate I $ 25.29 - $ 31.35
4575 Cable TV/Video Specialist $ 13.00 - $ 40.56
5605 5606 Child Care Assistant - $ 13.00 $ 13.00
5600 5601 Child Care Counselor $ 13.00 $ 14.50 $ 16.79
Code Enforcement Investigator $ 21.35 $ 22.88 $ 24.41
Crime Prevention Officer $ 23.28 - $ 28.15
6191
Customer Service
Representative * (G-52) $ 26.58 - $ 32.92
6195 6196 Data Entry Specialist $ 14.66 $ 18.33 $ 21.99 5581 Farmer's Market Coordinator $ 22.36 $ 23.53 $ 24.77 3125 Fire Cadet $ 13.00 $ 13.00 $ 13.46
4025 Librarian I * (G-75) $ 33.41 - $ 41.39
4022 4021 Librarian II * (H-05) $ 36.54 - $ 45.27
4050 4051 Library Clerk I * (G-35) $ 22.44 - $ 27.80
4046 4047 Library Clerk II * (G-45) $ 24.79 - $ 30.71
4062 Library Page I $13.00 Flat Rate
4060 4061 Library Page II * (F-07) $ 13.00 - $ 14.33
4036 Library Technician * (G-58) $ 28.21 - $ 34.95
Lifeguard $ 13.00 $ 13.53 $ 14.51
Mechanic Helper $ 14.66 - $ 21.99
Park Maintenance Worker $ 16.94 $ 18.97 $ 21.00
3765 3766 Park Ranger $ 19.90 $ 22.14 $ 24.65
3615 3616 Parking Attendant $ 13.00 $ 14.36 $ 15.90
3617 Parking Specialist $ 13.00 $ 14.36 $ 15.90
3610 3611 Permit Parking Assistant $ 13.00 $ 14.36 $ 15.90 3115 Personnel & Training Specialist $ 23.96 - $ 29.35
3130 Police Cadet $ 16.89 $ 18.58 $ 20.27
5595 Preschool Assistant $ 13.00 $ 13.72 $ 15.24

Page 31 of 40 ends

5590 Preschool Teacher $ 15.53 $ 18.33 $ 21.10
5585 Preschool Head Teacher $ 22.00 $ 24.22 $ 26.41
5518 Program Operations Specialist $ 26.03 $ 28.97 $ 32.24 5560 Recreation Leader I $13.00 Flat Rate
5555 5556 Recreation Leader II $ - $ 13.00 $ 13.00
5550 5551 Recreation Leader III $ 13.00 $ 13.53 $ 14.51 5545 5546 Recreation Specialist $ 13.00 - $ 35.19
4041 Senior Library Clerk * (G-55) $ 27.38 - $ 33.92
4056 Senior Library Page * (F-16) $ 13.00 - $ 15.68
4546 Senior Support Specialist * (H-05) $ 36.54 - $ 45.27 5565 5566 Tennis Clerk $ 13.00 $ 13.00 $ 15.24
Tree Maintenance Worker $ 17.86 $ 19.95 $ 22.08
5542 Venue Coordinator $ 27.02 - $ 35.18
Volunteer Coordinator $ 20.69 $ 22.11 $ 23.51
*Salaries are based upon the 5-Step Salary Range of the equivalent classification in the MEA FullTime Unit (Salary range identified in parentheses)

Page 32 of 40 ends

PART TIME UNIT HOURLY SALARY SCHEDULE
Effective 09/26/2020
PAC # Classification Step 1 Step 2 Step 3
RPT Hourly
6200
Administrative InternUndergrad $ 13.47 $ 15.49 $ 17.51 6200 Administrative Intern-Grad $ 17.51 $ 19.52 $ 21.54 5580 Assistant Market Manager $ 25.09 $ 26.34 $ 27.66
Building Maintenance
Attendant * (G-22) $ 20.11 - $ 24.91
4580 Cable TV/Video Assistant $ 13.26 - $ 28.45
4570 Cable TV/Video Associate I $ 25.80 - $ 31.98
4575 Cable TV/Video Specialist $ 13.26 - $ 41.37
5605 5606 Child Care Assistant - $ 13.26 $ 13.26
5600 5601 Child Care Counselor $ 13.26 $ 14.78 $ 17.12
Code Enforcement Investigator $ 21.77 $ 23.33 $ 24.90
Crime Prevention Officer $ 23.75 - $ 28.71
6191
Customer Service
Representative * (G-52) $ 27.11 - $ 33.58
6195 6196 Data Entry Specialist $ 14.95 $ 18.70 $ 22.43 5581 Farmer's Market Coordinator $ 22.81 $ 24.00 $ 25.26 3125 Fire Cadet $ 13.26 $ 13.26 $ 13.73
4025 Librarian I * (G-75) $ 34.08 - $ 42.22
4022 4021 Librarian II * (H-05) $ 37.27 - $ 46.17
4050 4051 Library Clerk I * (G-35) $ 22.89 - $ 28.35
4046 4047 Library Clerk II * (G-45) $ 25.28 - $ 31.32
4062 Library Page I $13.26 Flat Rate
4060 4061 Library Page II * (F-07) $ 13.26 - $ 14.62
4036 Library Technician * (G-58) $ 28.77 - $ 35.65
Lifeguard $ 13.26 $ 13.80 $ 14.80
Mechanic Helper $ 14.95 - $ 22.43
Park Maintenance Worker $ 17.27 $ 19.35 $ 21.42
3765 3766 Park Ranger $ 20.29 $ 22.59 $ 25.14
3615 3616 Parking Attendant $ 13.11 $ 14.65 $ 16.21
3617 Parking Specialist $ 13.11 $ 14.65 $ 16.21
3610 3611 Permit Parking Assistant $ 13.11 $ 14.65 $ 16.21 3115 Personnel & Training Specialist $ 24.44 - $ 29.93
3130 Police Cadet $ 17.23 $ 18.95 $ 20.67
5595 Preschool Assistant $ 13.26 $ 14.00 $ 15.55

Page 33 of 40 ends

5590 Preschool Teacher $ 15.84 $ 18.70 $ 21.53
5585 Preschool Head Teacher $ 22.44 $ 24.71 $ 26.94
5518 Program Operations Specialist $ 26.55 $ 29.55 $ 32.89 5560 Recreation Leader I $13.26 Flat Rate
5555 5556 Recreation Leader II $ - $ 13.26 $ 13.26
5550 5551 Recreation Leader III $ 13.26 $ 13.80 $ 14.80 5545 5546 Recreation Specialist $ 13.26 - $ 35.89
4041 Senior Library Clerk * (G-55) $ 27.93 - $ 34.60
4056 Senior Library Page * (F-16) $ 13.26 - $ 15.99
4546 Senior Support Specialist * (H-05) $ 37.27 - $ 46.17 5565 5566 Tennis Clerk $ 13.26 $ 13.26 $ 15.55
Tree Maintenance Worker $ 18.21 $ 20.35 $ 22.52
5542 Venue Coordinator $ 27.56 - $ 35.89
Volunteer Coordinator $ 21.11 $ 22.55 $ 23.98
*Salaries are based upon the 5-Step Salary Range of the equivalent classification in the MEA FullTime Unit (Salary range identified in parentheses)

Page 34 of 40 ends

PART TIME UNIT HOURLY SALARY SCHEDULE
Effective 01/01/2021 (to comply with Minimum Wage requirements) PAC # Classification Step 1 Step 2 Step 3
RPT Hourly
6200
Administrative InternUndergrad $ 14.00 $ 15.49 $ 17.51 6200 Administrative Intern-Grad $ 17.51 $ 19.52 $ 21.54 5580 Assistant Market Manager $ 25.09 $ 26.34 $ 27.66
Building Maintenance
Attendant * (G-22) $ 20.11 - $ 24.91
4580 Cable TV/Video Assistant $ 14.00 - $ 28.45
4570 Cable TV/Video Associate I $ 25.80 - $ 31.98
4575 Cable TV/Video Specialist $ 14.00 - $ 41.37
5605 5606 Child Care Assistant - $ 14.00 $ 14.00
5600 5601 Child Care Counselor $ 14.00 $ 14.78 $ 17.12
Code Enforcement Investigator $ 21.77 $ 23.33 $ 24.90
Crime Prevention Officer $ 23.75 - $ 28.71
6191
Customer Service
Representative * (G-52) $ 27.11 - $ 33.58
6195 6196 Data Entry Specialist $ 14.95 $ 18.70 $ 22.43 5581 Farmer's Market Coordinator $ 22.81 $ 24.00 $ 25.26 3125 Fire Cadet $ 14.00 $ 14.00 $ 14.00
4025 Librarian I * (G-75) $ 34.08 - $ 42.22
4022 4021 Librarian II * (H-05) $ 37.27 - $ 46.17
4050 4051 Library Clerk I * (G-35) $ 22.89 - $ 28.35
4046 4047 Library Clerk II * (G-45) $ 25.28 - $ 31.32
4062 Library Page I $14.00 Flat Rate
4060 4061 Library Page II * (F-07) $ 14.00 - $ 14.62
4036 Library Technician * (G-58) $ 28.77 - $ 35.65
Lifeguard $ 14.00 $ 14.00 $ 14.80
Mechanic Helper $ 14.95 - $ 22.43
Park Maintenance Worker $ 17.27 $ 19.35 $ 21.42
3765 3766 Park Ranger $ 20.29 $ 22.59 $ 25.14
3615 3616 Parking Attendant $ 14.00 $ 14.65 $ 16.21
3617 Parking Specialist $ 14.00 $ 14.65 $ 16.21
3610 3611 Permit Parking Assistant $ 14.00 $ 14.65 $ 16.21 3115 Personnel & Training Specialist $ 24.44 - $ 29.93
3130 Police Cadet $ 17.23 $ 18.95 $ 20.67
5595 Preschool Assistant $ 14.00 $ 14.00 $ 15.55

Page 35 of 40 ends

5590 Preschool Teacher $ 15.84 $ 18.70 $ 21.53
5585 Preschool Head Teacher $ 22.44 $ 24.71 $ 26.94
5518 Program Operations Specialist $ 26.55 $ 29.55 $ 32.89 5560 Recreation Leader I $14.00 Flat Rate
5555 5556 Recreation Leader II $ - $ 14.00 $ 14.00
5550 5551 Recreation Leader III $ 14.00 $ 14.00 $ 14.80 5545 5546 Recreation Specialist $ 14.00 - $ 35.89
4041 Senior Library Clerk * (G-55) $ 27.93 - $ 34.60
4056 Senior Library Page * (F-16) $ 14.00 - $ 15.99
4546 Senior Support Specialist * (H-05) $ 37.27 - $ 46.17 5565 5566 Tennis Clerk $ 14.00 $ 14.00 $ 15.55
Tree Maintenance Worker $ 18.21 $ 20.35 $ 22.52
5542 Venue Coordinator $ 27.56 - $ 35.89
Volunteer Coordinator $ 21.11 $ 22.55 $ 23.98
*Salaries are based upon the 5-Step Salary Range of the equivalent classification in the MEA FullTime Unit (Salary range identified in parentheses)

Page 36 of 40 ends

EXHIBIT “A”

PART-TIME UNIT HOURLY SALARY SCHEDULE
EFFECTIVE JULY 2, 2022
RPT Hourly Classification FTE Step 1 Step 2 Step 3 Step 4 Step 5 N/A 6201 Administrative InternGrad $18.07 $18.98 $19.93 $20.92 $21.97 N/A 6200 Administrative InternUndergrad $15.30 $16.07 $16.87 $17.71 $18.59 TBD TBD Art Handler $29.81 $31.39 $33.04 $34.78 $36.61
TBD TBD Arts and Events Specialist $29.81 $31.39 $33.04 $34.78 $36.61 N/A 5580 Assistant Market Manager $25.59 $26.87 $28.21 $29.62 $31.11 TBD TBD Building Maintenance
Attendant G-22 $20.51 $21.64 $22.83 $24.09 $25.41
N/A 4575 Cable TV/Video Specialist $34.72 $36.45 $38.27 $40.19 $42.20 5600 5601 Child Care Counselor $18.06 $19.01 $20.01 $20.91 $21.96 5599 5598 Child Care Site
Coordinator $24.51 $25.73 $27.02 $28.38 $29.79
TBD TBD Code Enforcement
Investigator $22.21 $23.32 $24.48 $25.70 $26.99
5565 5566
Community Services
Assistant (was Tennis
Clerk)
$15.30 $16.07 $16.87 $17.71 $18.59
5555 5556
Community Services
Facility Attendant (was
Rec Leader II)
$15.30 Flat Rate
TBD TBD Crime Prevention Officer $24.23 $25.44 $26.70 $28.04 $29.45 6191 6192 Customer Service
Representative G-52 $27.65 $29.17 $30.77 $32.47 $34.25
N/A 5581 Farmer's Market
Coordinator $23.27 $24.43 $25.65 $26.94 $28.28
N/A 3125 Fire Cadet $15.30 Flat Rate
TBD TBD Food Service Specialist $20.26 $21.32 $22.44 $23.56 $24.74 N/A 4025 Librarian I G-75 $34.76 $36.67 $38.69 $40.82 $43.06 4022 4021 Librarian II H-05 $38.02 $40.11 $42.31 $44.64 $47.10 4050 4051 Library Clerk I G-35 $23.35 $24.63 $25.98 $27.41 $28.92 4046 4047 Library Clerk II G-45 $25.79 $27.21 $28.70 $30.28 $31.95 N/A 4062 Library Page $15.30 Flat Rate
N/A 4036 Library Technician G-58 $29.35 $30.96 $32.67 $34.46 $36.36 TBD TBD Lifeguard $15.30 Flat Rate
TBD TBD Mechanic Helper $18.82 $19.77 $20.75 $21.79 $22.88

Page 37 of 40 ends

6195 6196 Office Clerk (was Data
Entry Specialist) $18.82 $19.77 $20.75 $21.79 $22.88
TBD TBD Park Maintenance Worker $17.97 $18.87 $19.82 $20.81 $21.85 3765 3766 Park Ranger $21.09 $22.15 $23.26 $24.42 $25.64 3615 3616 Parking Attendant $15.30 $16.07 $16.87 $17.71 $18.59 3617 N/A Parking Specialist $21.85 $22.94 $24.09 $25.30 $26.56 3610 3611 Permit Parking Assistant $15.30 $16.07 $16.87 $17.71 $18.59 3115 3116 Personnel & Training
Specialist $25.11 $26.37 $27.69 $29.07 $30.53
N/A 3130 Police Cadet $17.57 $18.45 $19.38 $20.35 $21.36 5595 N/A
Preschool Teaching
Assistant (was Preschool
Assistant)
$18.06 $19.01 $20.01 $20.91 $21.96
5585 N/A Preschool Head Teacher $33.10 $34.76 $36.50 $38.31 $40.23 5590 N/A Preschool Teacher $24.51 $25.73 $27.02 $28.38 $29.79 5518 5519 Program Operations
Specialist $27.60 $28.98 $30.43 $31.95 $33.55
N/A 5560 Recreation Aide (was
Recreation Leader I) $15.30 Flat Rate
5550 5551 Recreation Leader $17.40 $18.32 $19.29 $20.30 $21.37 5545 5546 Recreation Specialist -
Seasonal $25.50 Flat Rate
5545 5546 Recreation Specialist
(Hourly and RPT) $15.30 $16.07 $16.87 $17.71 $18.59
4041 N/A Senior Library Clerk G-55 $28.49 $30.05 $31.71 $33.45 $35.29 4056 N/A Senior Library Page F-16 $15.00 $15.00 $15.00 $15.46 $16.31 N/A 4546 Senior Support Specialist H-05 $38.02 $40.11 $42.31 $44.64 $47.10 TBD TBD Sr. Arts and Events
Specialist $32.80 $34.53 $36.34 $38.26 $40.27
4573 N/A Sr. Video Production
Specialist $29.29 $30.83 $32.46 $34.17 $36.00
TBD TBD Tree Maintenance Worker $18.90 $19.84 $20.84 $21.88 $22.97 5542 N/A Venue Coordinator G-71 $33.40 $35.24 $37.18 $39.22 $41.38 4572 N/A
Video Producer/Editor
(was Cable TV/Video
Associate I)
G-75 $34.76 $36.67 $38.69 $40.82 $43.06
N/A 4581
Video Production
Specialist (was Cable
TV/Video Asst.)
$25.60 $26.95 $28.37 $29.78 $31.27
TBD TBD Volunteer Coordinator $21.53 $22.61 $23.74 $24.93 $26.17

Page 38 of 40 ends

PART-TIME UNIT HOURLY SALARY SCHEDULE
EFFECTIVE SEPTEMBER 24, 2022
RPT Hourly Classification FTE Step 1 Step 2 Step 3 Step 4 Step 5 N/A 6201 Administrative Intern-Grad $18.43 $19.36 $20.33 $21.34 $22.41 N/A 6200 Administrative InternUndergrad $15.61 $16.39 $17.21 $18.06 $18.96 TBD TBD Art Handler $30.41 $32.02 $33.70 $35.48 $37.34
TBD TBD Arts and Events Specialist $30.41 $32.02 $33.70 $35.48 $37.34 N/A 5580 Assistant Market Manager $26.10 $27.41 $28.77 $30.21 $31.73 TBD TBD Building Maintenance
Attendant G-22 $20.92 $22.07 $23.29 $24.57 $25.92
N/A 4575 Cable TV/Video Specialist $35.41 $37.18 $39.04 $40.99 $43.04 5600 5601 Child Care Counselor $18.42 $19.39 $20.41 $21.33 $22.40 5599 5598 Child Care Site Coordinator $25.00 $26.24 $27.56 $28.95 $30.39 TBD TBD Code Enforcement
Investigator $22.65 $23.79 $24.97 $26.21 $27.53
5565 5566 Community Services
Assistant (was Tennis Clerk) $15.61 $16.39 $17.21 $18.06 $18.96 5555 5556
Community Services Facility
Attendant (was Rec Leader
II)
$15.61 Flat Rate
TBD TBD Crime Prevention Officer $24.71 $25.95 $27.23 $28.60 $30.04 6191 6192 Customer Service
Representative G-52 $28.20 $29.75 $31.39 $33.12 $34.94
N/A 5581 Farmer's Market
Coordinator $23.74 $24.92 $26.16 $27.48 $28.85
N/A 3125 Fire Cadet $15.61 Flat Rate
TBD TBD Food Service Specialist $20.67 $21.75 $22.89 $24.03 $25.23 N/A 4025 Librarian I G-75 $35.45 $37.40 $39.46 $41.63 $43.92 4022 4021 Librarian II H-05 $38.78 $40.91 $43.16 $45.53 $48.04 4050 4051 Library Clerk I G-35 $23.81 $25.12 $26.50 $27.96 $29.50 4046 4047 Library Clerk II G-45 $26.30 $27.75 $29.28 $30.89 $32.59 N/A 4062 Library Page $15.61 Flat Rate
N/A 4036 Library Technician G-58 $29.94 $31.58 $33.32 $35.15 $37.09 TBD TBD Lifeguard $15.61 Flat Rate
TBD TBD Mechanic Helper $19.20 $20.17 $21.17 $22.23 $23.34 6195 6196 Office Clerk (was Data Entry
Specialist) $19.20 $20.17 $21.17 $22.23 $23.34
TBD TBD Park Maintenance Worker $18.33 $19.25 $20.22 $21.23 $22.29 3765 3766 Park Ranger $21.51 $22.59 $23.73 $24.91 $26.15

Page 39 of 40 ends

3615 3616 Parking Attendant $15.61 $16.39 $17.21 $18.06 $18.96 3617 N/A Parking Specialist $22.29 $23.40 $24.57 $25.81 $27.09 3610 3611 Permit Parking Assistant $15.61 $16.39 $17.21 $18.06 $18.96 3115 3116 Personnel & Training
Specialist $25.61 $26.90 $28.24 $29.65 $31.14
N/A 3130 Police Cadet $17.92 $18.82 $19.77 $20.76 $21.79 5595 N/A
Preschool Teaching
Assistant (was Preschool
Assistant)
$18.42 $19.39 $20.41 $21.33 $22.40
5585 N/A Preschool Head Teacher $33.76 $35.46 $37.23 $39.08 $41.03 5590 N/A Preschool Teacher $25.00 $26.24 $27.56 $28.95 $30.39 5518 5519 Program Operations
Specialist $28.15 $29.56 $31.04 $32.59 $34.22
N/A 5560 Recreation Aide (was
Recreation Leader I) $15.61 Flat Rate
5550 5551 Recreation Leader $17.75 $18.69 $19.68 $20.71 $21.80 5545 5546 Recreation Specialist -
Seasonal $26.01 Flat Rate
5545 5546 Recreation Specialist (Hourly
and RPT) $15.61 $16.39 $17.21 $18.06 $18.96
4041 N/A Senior Library Clerk G-55 $29.06 $30.65 $32.34 $34.12 $35.99 4056 N/A Senior Library Page F-16 $15.30 $15.30 $15.30 $15.77 $16.63 N/A 4546 Senior Support Specialist H-05 $38.78 $40.91 $43.16 $45.53 $48.04 TBD TBD Sr. Arts and Events Specialist $33.46 35.22 $37.07 $39.03 $41.08 4573 N/A Sr. Video Production
Specialist $29.88 31.45 $33.11 $34.85 $36.72
TBD TBD Tree Maintenance Worker $19.28 $20.24 $21.26 $22.32 $23.43 5542 N/A Venue Coordinator G-71 $34.07 $35.94 $37.92 $40.00 $42.21 4572 N/A Video Producer/Editor (was
Cable TV/Video Associate I) G-75 $35.45 $37.40 $39.46 $41.63 $43.92 N/A 4581
Video Production
Specialist (was Cable
TV/Video Asst.)
$26.11 27.49 $28.94 $30.38 $31.90
TBD TBD Volunteer Coordinator $21.96 $23.06 $24.21 $25.43 $26.69

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EXHIBIT “B”
DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA.

The parties acknowledge that the PEPRA controls over definitions such as “new member” and “classic member” and put their understanding of the definitions in their MOU for informational purposes so that employees understand their retirement benefits.

New Member
Government Code section 7522.04(f) defines “new member” as follows:
(f) "New member" means any of the following:
(1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.

Classic Member
CalPERS refers to all members who do not fit the definition of new member as a classic member ATTACHMENT 2

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND
MUNICIPAL EMPLOYEES’ ASSOCIATION

OF BEVERLY HILLS

PART-TIME UNIT
October 9, 2021 - October 6, 2023
i

TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................... 1

1. SALARIES .................................................................................................................... 2

2. EMPLOYEES WORKING IN TWO CLASSIFICATIONS ....................................................... 2

3. OVERPAYMENT .......................................................................................................... 3

4. DEFINITIONS .............................................................................................................. 3

5. APPOINTMENT AND ADVANCEMENT .......................................................................... 3 A. Salary Placement ....................................................................................................... 3 B. Advancement Through Range .................................................................................. 3 C. Performance Evaluations and Effective Date of Merit Increase .............................. 4 D. Change in Classification or Status ............................................................................. 4 E. Acting Pay .................................................................................................................. 4 F. Bilingual Pay .............................................................................................................. 5

6. ASSIGNMENT PAY ...................................................................................................... 5 A. Lead Parking Attendant Assignment......................................................................... 5 B. Rexford Attendant Assignment ................................................................................ 5 C. Uniform Ordering Assignment .................................................................................. 6 D. Passport Services Assignment .................................................................................. 6

7. WELLNESS PAY ........................................................................................................... 6

8. HEALTH INSURANCE ................................................................................................... 7 A. Medical Insurance ..................................................................................................... 7 B. Opt–Out of Medical Insurance ................................................................................. 8 C. Dental Insurance ....................................................................................................... 8 D. Vision Insurance ........................................................................................................ 8

9. LEAVE BENEFITS ......................................................................................................... 8 A. Regular Part-Time Employee Leave Accrual ............................................................. 8 B. Leave Request ........................................................................................................... 9 C. Leave Without Pay .................................................................................................. 10 D. Jury Duty and Witness Leave .................................................................................. 10 E. Paid Sick Leave Law Compliance ............................................................................. 11 F. Leave for School Activities ...................................................................................... 11 G. Family and Medical Care and Kin-Care Leave ......................................................... 11

10. HOLIDAYS................................................................................................................. 12 A. Definitions ............................................................................................................... 12 B. City Determination of Employee’s Holiday Work Schedule ................................... 13 C. Premium Pay for Hours Worked on Holidays ......................................................... 13 D. Employees Not Scheduled to Work on Holidays .................................................... 13

11. UNIFORMS ............................................................................................................... 13

12. HOURS ..................................................................................................................... 14

13. REST PERIODS AND MEAL TIMES .............................................................................. 15

14. NON-DISCRIMINATION ............................................................................................. 16

15. MANAGEMENT RIGHTS ............................................................................................ 16

16. PERSONNEL FILES ..................................................................................................... 16

17. ASSOCIATION-RELATED BUSINESS ............................................................................ 17 ii
A. Stewards Program ................................................................................................... 17 B. Dues Deduction ....................................................................................................... 17 C. Bulletin Boards ........................................................................................................ 18 D. Use of City Facilities ................................................................................................ 18 E. Association Business and Training .......................................................................... 18 F. Translation Duties ................................................................................................... 18 G. Personal Vehicles .................................................................................................... 18

18. GRIEVANCE PROCEDURE FOR REGULAR PART-TIME EMPLOYEES ............................... 18 A. Definition of a Grievance ........................................................................................ 19 B. Timeliness of a Grievance ....................................................................................... 19 C. Grievance Procedure .............................................................................................. 19 D. Hourly Part-Time Employees .................................................................................. 20 E. Seasonal Part-Time Employees ............................................................................... 20

19. JOB DESCRIPTIONS AND RECRUITMENT OPPORTUNITIES .......................................... 20

20. SERVICE CREDIT POINTS ........................................................................................... 20

21. RETIREMENT ............................................................................................................ 21 A. Social Security Alternative Retirement Plan ........................................................... 21 B. CalPERS Retirement Benefits .................................................................................. 21

22. SAVINGS CLAUSE ...................................................................................................... 23 EXHIBIT “A” ......................................................................................................................... 25 PART-TIME UNIT HOURLY SALARY SCHEDULE ...................................................................... 25 EXHIBIT “B” ......................................................................................................................... 29 DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA. ............................................................................ 29

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PART-TIME UNIT
(MUNICIPAL EMPLOYEES’ ASSOCIATION)

MEMORANDUM OF UNDERSTANDING
Municipal Employees’ Association of Beverly Hills, (herein after referred to as "MEA" or “Association”) a formally recognized employee organization, representing all its members within the Part-Time Unit, and duly authorized representatives of the management of the City of Beverly Hills (hereinafter referred to as "the City"), have met and conferred, freely exchanging information, opinions, and proposals, and have reached the following agreement on matters within the scope of representation.

INTRODUCTION

1. Integration: This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes all prior Memoranda of Understanding between the parties hereto.

It is recognized that there now exists certain past practices or procedures which are in force and effect which affect wages, hours, and working conditions. To that extent, it is agreed that such practices, policies, and procedures shall remain in force and effect during the term of this agreement, unless they are inconsistent with provisions of this Memorandum of Understanding (hereinafter referred to as “MOU”), or unless subsequently changed by the meet and confer process.

2. Term: Unless otherwise specified herein, this MOU shall be effective October 9, 2021, and shall expire on October 6, 2023.

3. Agreement to Meet Regarding Administration of MOU: The City and MEA agree that they will meet informally during the term of this MOU to address any problems that arise related to the administration of this MOU. This includes, but is not limited to, changes in state or federal law that impact this agreement.

4. Furloughs: If the City requests that the Association meet and confer with the City on the subject of furloughs, the Association agrees it will do so promptly.

5. Unless specifically addressed in this MOU, any economic changes to this 2021-2023 MOU are effective on the first day of the pay period following City Council approval of this MOU. .

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1. SALARIES
The City and MEA agree that those part-time employees who share the same classification as a full-time employee shall receive the same hourly rate as the full-time employee. Thus, any modifications to their compensation will only occur if such modifications are made to the fulltime employees’ (represented by the Technical Services Unit) compensation.

The following increases shall apply to all employees in the bargaining unit except those who share the same classification as a full-time position:

Effective the first day of the pay period following City Council approval of this MOU, employees shall receive a payment for the equivalent of one percent (1.0%) of base salary and .25% of base salary for wellness pay for the period of October 9, 2021 through the last day of the pay period preceding City Council approval of this MOU.

Effective the first day of the pay period following City Council approval of this MOU, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2022, employees will receive a base salary increase of one and two percent (2.0%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “A”.

Effective the pay period following Council approval of this MOU, each current employee will be placed on the salary schedule (Exhibit A) at a pay rate that will be at the first step at or above their current pay rate. On their next two anniversary dates from the date of Council approval of this MOU, assuming the employee qualifies for a step increase, they will be moved to a step that will ensure their pay rate is at the lowest step that is equal to or above the step they would have been advanced to in the salary schedule of the 2019-2021 MOU. This provision shall only apply to employees in the bargaining unit on the first day of the pay period following City Council approval of this MOU.

2. EMPLOYEES WORKING IN TWO CLASSIFICATIONS
All bargaining unit employees covered by the MOU, shall be permitted to apply for, and hold, a second part-time position with the City in a different classification.

Such employees shall be paid the respective designated hourly rate of pay for each hour worked in each of the positions they hold.

An employee holding two hourly part-time positions in different classifications will not convert to a regular part-time employee if the sum of the hours regularly scheduled to work in each position totals 25 or more hours per week.

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3. OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime, or any other form of compensation contained in this MOU), than they are entitled to receive (i.e., is overpaid), the City will inform the employee and the President of the Association. The City will work with the employee to reconcile the overpayment, and if overpaid will work to create a repayment schedule.

4. DEFINITIONS
The parties agree that part-time employment includes three (3) different types of employees. All employees in the bargaining unit are at-will (as defined by Labor Code section 2922) and do not have civil service protection. The types of employees are defined as follows:

1. Regular Part-Time: an employee who has been appointed to work 25 hours or more per workweek.

2. Hourly Part-Time: an employee who has been appointed to work less than 1,000 hours in a fiscal year.

3. Seasonal Part-Time: an employee who has been appointed to work for 120 days or less for 40 hours or less a week.

5. APPOINTMENT AND ADVANCEMENT
A. Salary Placement
Part-time appointments to a position in any authorized classification are normally made at the first step of the appropriate salary schedule. At the discretion of the appointing authority and approval of the Director of Human Resources, appointments may be made at a higher step. All appointments require the approval of the respective appointing authority and the Director of Human Resources.

B. Advancement Through Range
Regular and Hourly Part-Time employees are eligible each year to receive a merit increase to the next step on the salary schedule effective on their anniversary date provided said employee has received a performance evaluation with an overall rating of satisfactory or better. Thereafter, Regular and Hourly Part-Time employees will be eligible for salary step increases each year on their respective anniversary dates until they have achieved the top step of the salary range. Such step increases will only be granted upon the employee earning a satisfactory or better performance evaluation. The effective date of the increase shall be the employee’s anniversary date.

Seasonal Part-Time employees are paid a flat rate and do not advance through salary steps.

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C. Performance Evaluations and Effective Date of Merit Increase All performance evaluations shall be issued and advancements shall be effective on the anniversary date and properly noted on the appropriate personnel forms. In the event the employee does not receive a performance evaluation within fourteen (14) days, the employee will move to the next step on the salary range retroactive to the anniversary date.

D. Change in Classification or Status
If a Regular or Hourly Part-Time employee is moved to a new, higher classification, they shall be placed at the lowest salary step of the new classification that provides the employee an hourly rate increase of at least five percent (5%) but no higher than the top step of the higher classification. If a Regular or Hourly Part-Time employee voluntarily demotes, they shall be placed at the salary step of their new classification that is closest to, but not above the hourly rate the employee was paid in the classification from which they demoted.

E. Acting Pay
Every employee assigned to and working in a classification with a salary range above that of the employee's regularly-assigned position as the result of special departmental need shall be paid six percent (6%) higher than the employee’s current base salary as acting pay or the bottom step of classification to which the employee is assigned whichever amount is higher.

Employees receiving acting pay shall not receive the pay when on universal leave for one consecutive calendar week or longer.

1. Where an employee is assigned to work in a position out of classification with less than two weeks’ notice, the acting pay can be approved (and the employee is then authorized to be paid) by an email where the Department Head approves it. The employee will not be required to perform the work until they receive written approval (in the form of an email from the Department Head) authorizing the work and pay.

2. Where the employee is assigned to work in a position out of classification with more than two weeks’ notice (i.e., the work will be performed more than two weeks after the request is made) the process for approval requires that established departmental procedures are followed and authorization from the Department Head or designee is obtained. This requires the completion and approval of the necessary personnel forms (personnel action form and acting pay request form) submitted to Human Resources.

To be eligible for compensation (as described above) for working in a position out of classification, the employee has to satisfy the minimum qualifications for the higher classification, and also be capable of performing the specific tasks which they will be performing during this acting time and which differentiates it from the lower classification.

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The parties agree that to the extent permitted by law, the compensation for Acting Pay is special compensation for “classic member” employees enrolled in CalPERS as defined in Exhibit B to this MOU and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.

F. Bilingual Pay
The City shall pay $7.69 bi-weekly ($200 per year) to employees who are authorized by their supervisor to use bilingual skills and who are certified by the City’s bilingual testing provider. The certification will be to test the oral proficiency in Spanish, Farsi, Korean, Russian, Sign, Hebrew or any other language designated by the City. Those employees who receive bi-lingual pay will be required to speak the alternate language in the course and scope of their employment. In addition, if receiving the pay, an employee may be asked to assist in translating even if unrelated to his/her specific job duties.

The parties agree that to the extent permitted by law, the compensation for Bilingual Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Bilingual Premium.

6. ASSIGNMENT PAY
All compensation adjustments require formal action to be effective. As such, no compensation adjustments authorized by this article shall become effective until an official transaction form authorizing the adjustment is approved by the Director of Human Resources.

A. Lead Parking Attendant Assignment
Employees in the classification of Parking Attendant who are assigned as a shift lead will receive assignment pay of fourteen percent (14%) while so assigned.

B. Rexford Attendant Assignment
Employees in the classification of Parking Attendant who are assigned to the Rexford Parking Structure Booth will receive assignment pay of five percent (5%) while so assigned.

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C. Uniform Ordering Assignment
Employees in the classification of Parking Attendant who are assigned the responsibility of ordering uniforms will receive assignment pay of five percent (5%) while so assigned. The Parking Attendant shares some of the responsibilities with the Parking Supervisor (who is not represented by the Association). The delineation of the responsibilities is as follows:

Parking Attendant Uniform Bonus Assignment Parking
Attendant
Parking
Supervisor
Uniform Assignment checklist X
Uniform Fittings X X
Prepare Uniforms for Pick Up Vendor/Employees X
Receive Uniforms from Vendor/Employees X
Provide invoice for review X
Review invoices - noting revisions X X
Report errors to Supervisor X
Report errors to Manager/PW X
Schedule uniform fittings for new employees X
Request changes to uniforms/sizes/returns X X
Report damages X X
Secure Inventory X
Weekly meeting X X
D. Passport Services Assignment
Employees assigned to Passport Desk in the Library to perform Passport service shall be paid six percent (6%) of their hourly rate for each hour they are assigned to the Passport Desk.

7. WELLNESS PAY
The City agrees that, employees in the unit will receive one percent (1.0%) for each hour worked up to 40 hours in a week (i.e., not for overtime hours) for wellness pay. Effective the pay period following City Council approval of this MOU, the City agrees that employees in the unit will receive an additional one-half of one percent (0.5%) (for a total of 1.5% of annual base pay) for wellness pay.

Wellness pay is provided to employees to promote wellness. This includes, but is not limited to, purchase of gym memberships, physical fitness equipment or medical exams or treatments designed to improve overall employee health. The City and the Association agree that this form of pay does not qualify as special compensation per Title 2 Section 571 or 571.1 and is therefore not pensionable.

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Effective the pay period including October 1, 2022, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 2.0% of annual base pay) for wellness pay.

However, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds

10.303%, (the 2020-2021 Rate) employees in the unit who are in CalPERS will cost share on an ongoing basis (in accordance with Government Code section 20516(f)) as follows: Classic Employees: One-half (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of compensation earnable.

New Members as defined by the Public Employees’ Pension Reform Act of 2013: One-half (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of pensionable compensation.

This cost share would be effective the first day of the pay period including October 1, 2022. For example, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 11.503% (a 1.2% increase over the 2020-2021 rate), employees will cost share 0.6% on an ongoing basis. If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 12.5% (which is more than 2% above the 2020-2021 rate), the employees shall cost share 1.0%, the maximum amount. Rate increases will be applied to the one thousandth of a percent. If there is rounding necessary, the City will round up. The maximum cost share an employee can pay effective the first day of the pay period including October 1, 2022 is one percent (1.0%).

If the Association ever informs the City that it no longer agrees to cost share, the employees’ wellness pay will be reduced by the same percentage as reduction in the cost share.

8. HEALTH INSURANCE
A. Medical Insurance
Regular Part-Time employees (as well as any other employee in the unit who reach the hours’ threshold for coverage under the Affordable Care Act) will be offered health insurance benefits at the time of hire. The City shall provide health insurance plans through the Public Employees’ Retirement System (CalPERS).

The City shall contribute an amount equal to the single party premium rate of Kaiser HMO for the Los Angeles Region (as set forth by CalPERS) for the purchase of medical insurance. This contribution is inclusive of the annual CalPERS statutory minimum amount. Since the City is only paying for single party coverage, a Regular Part-Time employee may purchase dependent insurance, either two party or family coverage over the City’s contribution at the employee’s expense. An employee may select coverage of any CalPERS medical plan for themselves and any eligible dependents.

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If at any time during the term of the MOU, the City is subject to penalties under the Affordable Care Act (“ACA”), the parties agree to reopen negotiations on that provision of the cafeteria plan subjecting the City to such penalties for the limited purpose of making changes to ensure that such penalties are avoided.

B. Opt–Out of Medical Insurance
A Regular Part-Time employee who opts out will not receive the City’s health insurance contribution in Section 8A who satisfies the Eligible Opt-Out Arrangement rules of the Affordable Care Act, shall be paid $100 per month in lieu of medical insurance benefits. An employee who later requests to re-enroll may do so pursuant to CalPERS rules and regulations.

C. Dental Insurance
The City shall make available a dental benefit plan for Regular Part-Time employees. The City shall contribute the single party rate for this plan. A Regular Part-Time employee may select dependent coverage at the employee’s cost. While Guardian is currently the carrier for dental insurance, the benefits, terms, conditions, and provider for such plan shall be as determined solely by the City (provided that such plan is no less favorable than a plan available to any other group of City employees).

D. Vision Insurance
The City shall make available a vision insurance plan for Regular Part-Time employees in which they can enroll at their own expense.

9. LEAVE BENEFITS
A. Regular Part-Time Employee Leave Accrual

1. Regular Part-Time employees will accrue universal leave. Such leave and may be used for illness and injury (as traditional sick leave is used) or scheduled in advance for rest and relaxation (the way traditional vacation is used). Time in service (to be eligible for universal leave as set forth in the chart below) will begin to accrue on an employee’s date of hire. An employee who leaves this unit for another position in a full-time unit and then returns to the part-time unit (i.e., this unit) will have their time in the full-time unit count as time in service for purposes of accruing universal leave.

Regular Part-Time employees shall accrue leave as set forth in the following chart.

The number identified below for years of service for leave accrual will be multiplied by the number of hours worked in a pay period for eligible employees.

Thus, for example, if an employee with 9 years of service works 50 hours in a pay

Page 9 ends

period, their leave accrual will be 50 x .06 = 3 leave hours accrued in the pay period.

First 7 years of service
as a Regular Part-Time
employee
7 - 14 years of service as
a Regular Part-Time
employee
After 14 years of service as
a Regular Part-Time
employee
.04 .06 .08
Said leave may be used for any authorized absence.

2. Leave accruals shall be cashed out upon separation from City employment at the employee’s final base hourly rate of pay.

3. Regular Part Time employees may accrue up to a maximum of 240 hours of universal leave. Once an employee accrues 240 hours of universal leave, they will not accrue additional universal leave until they reduce their accruals below 240 hours. Supervisors will not unreasonably deny a request to use universal leave requested in advance so that employees at the 240 hour cap may reduce their accruals.

4. The unused leave balance of Regular Part-Time employees appointed to full-time probationary or exempt positions will be converted to vacation time credit, effective on the date of appointment, since full-time employees earn vacation, not universal leave. Such vacation time shall be subject to all of the rules, regulations, or procedures that apply to vacation time and its use in the applicable unit, group, or department, including, without limitation, rules applying to the use of vacation during probation.

5. Regular Part-Time employees who become a full-time employee of the City shall receive seniority credit on a 2:1 ratio towards vacation accrual. For example, a 12-year Regular Part-Time employee who becomes a member of the full-time MEA bargaining unit shall accrue vacation as though they were a six-year employee in the full-time unit. Only time spent as a Regular Part-Time counts for purposes of qualifying for this benefit.

B. Leave Request
An employee using universal leave as traditional vacation shall make written request for such leave. Ordinarily, seven (7) days’ advanced notice shall be required to use leave as traditional vacation. However, an employee wishing to use universal leave as traditional vacation with less than seven (7) days’ notice may make a request. Such request will be considered within the discretion of the employee's supervisor. Every Department Head shall, if necessary, establish a leave schedule for each calendar year. The Department Head will make decisions on leave time requests based on seniority (defined as length of service with the City) and will grant leave time if the employee can be spared. Once leave time is requested, the Department Head shall notify

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the employee as soon as possible whether their request is approved, and if not, when alternate leave time may be granted. An employee using universal leave for unscheduled absences (e.g., sick leave) shall follow department protocols.

C. Leave Without Pay
An employee may be granted leave time without pay. The Department Head will make decisions on leave time requests based on seniority and will grant leave time if the employee can be spared.

Once leave time is requested, the Department Head shall notify the employee as soon as possible whether their request is approved, and if not, when leave time may be granted. The City will endeavor to grant requests for leave without pay whenever possible. However, given the operational needs of the City, there is no guarantee that the employee’s job will remain open once the leave expires. In addition, even if the employee’s job is still available, changes in work schedule or job location may occur if necessary for operational reasons.

D. Jury Duty and Witness Leave
Jury Duty

1. An employee who is called for jury duty shall be compensated (as though he or she was working) for those hours of absence due to the jury duty that occurs during the employee’s regularly-scheduled working hours. Employees are required to provide documentation to Human Resources that they are on jury duty and once completed, documentation from the court that they have completed their jury duty service. This documentation is necessary for employees to receive pay for jury duty.

2. If a unit member is required to be absent from work to report for jury duty, the employee will notify their supervisor of the absence as soon as possible, including, a phone message the night before if the employee finds out via a phone recording that they must report the next day.

3. An employee on jury duty must either return to work after the jury service is done for the day if there are still four (4) hours or more left on their shift or call in to their supervisor and ask to use leave to cover the rest of their shift.

4. An employee who is called to jury duty on a non-working day will not receive compensation or be authorized to change their schedule as a result of being called to jury duty.

5. An employee who is scheduled for a swing or graveyard shift on a day they are called to jury service will be authorized to change their work hours in order to report to jury service under the same provisions of 1-3 above.

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6. An employee who is called to jury duty will not be subject to working their full graveyard or swing shift if there is not a minimum of ten (10) hours before or after assigned jury duty. If there is less than ten (10) hours between the end of a shift and the start of jury duty, an employee will be permitted to leave their shift early to allow for a minimum break of ten (10) hours. If there is less than ten (10) hours between the end of jury duty and the start of their shift, an employee will be able to delay their usual start time to ensure a ten (10) hour break in between. In this event, the employee’s usual end time will remain the same. For any additional time taken off before or after jury duty, an employee will be required to utilize paid accrued time subject to supervisor approval.

Witness Leave
Any employee who is required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding in a matter other than one to which the employee is a party, shall be allowed time off without loss of pay to perform such duties. All fees to which the employee is entitled by law for such services shall be paid (less transportation allowance, if any) to the City. Per California Labor Code Section 230(b), an employee shall be allowed time off without pay to appear at a matter outside the scope of their employment in which the employee is a party. An employee who is participating in a judicial or quasi-judicial proceeding that is within the scope of their employment shall be paid as part of work hours.

E. Paid Sick Leave Law Compliance
The City will comply with Labor Code 245-249 by providing paid sick leave for part-time Hourly employees at the rate of one (1) hour for every thirty (30) hours worked. Additionally, universal leave accrued by Regular Part-Time employees may be used as sick leave for the reasons specified by law. An Hourly employee may use half of their annual accrual of sick leave for family illness reasons specified by law. An Hourly or Seasonal employee who becomes a Regular Part-Time employee shall have any sick leave they accrued converted to universal leave at the time they become a Regular Part-Time employee.

F. Leave for School Activities
All requests for leave for the purposes provided by California Labor Code section 230.8 (leave to participate in school-related activities of the children of association members) will comply with the law.

G. Family and Medical Care and Kin-Care Leave
The City shall comply with California Labor Code section 233 (Kin-Care) and the state and federal Family and Medical Care Leave Acts. The City’s policies regarding these laws are available on the Bevy and in the Human Resources Department.

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H. Military Leave
The City shall comply with the federal (Uniformed Services Employment and Reemployment Rights Act) and state (Military and Veterans Code) law when an employee’s absence is due to military leave.

I. Bereavement Leave
Bereavement leave for Regular Part-Time employees is an absence occasioned by the death of a family member, herein defined as a child, parent (including parent in law), spouse, registered domestic partner, grandparent, grandchild or sibling.

Up to a maximum of two scheduled work shifts of bereavement leave per calendar year may be used in the event of the death of a family member.

Requests for bereavement leave shall be made in writing, when feasible, and shall be approved by the department head or designee.

10. HOLIDAYS
A. Definitions
The following are holidays subject to this article.

New Year’s Day (January 1st)
Martin Luther King, Jr. Day (3rd Monday in January)
Presidents’ Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (4th of July)
Labor Day (1st Monday in September)
Veterans Day (November 11th)
Thanksgiving Day (4th Thursday in November)
The day after Thanksgiving Day
Christmas Day (December 25th)
These are generally recognized as City holidays on which City facilities may be closed and/or service levels impacted. If the City recognizes “Juneteenth” as an additional City holiday for any bargaining unit, it shall be recognized for this unit as well.

Premium holiday pay is defined as one and one-half (1 ½) times the employee’s regular rate of pay for time worked on a holiday listed above.

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B. City Determination of Employee’s Holiday Work Schedule The City shall determine a Regular Part-Time employee’s holiday work schedule no less than fourteen (14) days prior to the actual workday. Generally, an employee’s normal work schedule within the workweek shall not be changed to avoid payment of holiday pay.

Normal work schedule is defined as the specific hours to be worked as well as the physical location of that work. The physical location may be any or all locations as determined by the applicable Department Head and/or their designee.

C. Premium Pay for Hours Worked on Holidays
Regular Part-Time employees who are authorized to work any of the holidays designated in this article will be paid premium holiday pay for all hours worked.

Hourly Part-Time employees assigned to work on Independence Day (July 4th), Veterans Day (November 11
th
), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25 th
)
or New Year’s Day (January 1st) shall be paid the premium holiday rate.

In no case, even if the employee works in excess of forty (40) hours per week, will the employee receive more than one and one half (1½) times for any hours worked.

D. Employees Not Scheduled to Work on Holidays
Employees (including Regular Part-Time, Hourly, or Seasonal) who are not required to work on a holiday shall not receive holiday pay. However, an employee may choose to use their accrued universal leave on holidays they are not required to work (because the City or their work location is closed) but would otherwise be scheduled.

If a holiday falls or is recognized as falling on an employee’s regular work day and the City closes a City facility(ies), Regular Part-Time employees who are not required to work as a result will be entitled to work the hours they would have otherwise been scheduled within the same pay period.

11. UNIFORMS
Uniformed personnel shall receive uniforms at the City's expense. Said uniforms shall be the property of the City. The City shall replace damaged or worn-out uniform parts, as necessary.

The parties agree that to the extent permitted by law, the value of the uniforms provided herein is special compensation and shall be reported as such pursuant to Title 2, CCR 571(a)(5). The City will report as special compensation the value of the uniforms for unit members who are “Classic Members” (as described in Exhibit C to this MOU) per the Public Employees’ Pension Reform Act of 2013. “New members” as defined under the Public Employees’ Pension Reform Act of 2013 are not permitted to have the value of the uniforms reported as special compensation.

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12. HOURS
The hours of work for Part-Time employees, by their nature, vary. Generally, Part-Time employees will work a regular schedule. Part-time employees shall receive their respective hourly rate for work up to forty (40) hours per workweek. Hours worked over forty (40) hours per workweek will be compensated at one and one-half (1½) times the employee’s regular rate of pay.

The scheduling of hours for Part-Time employees shall be based on seniority (defined as time in the employee’s classification). The more senior employees possessing the necessary skills to perform the work within the job classification will be assigned the greater number of hours.

Scheduling of hours within each job classification shall be made in the following order: Regular Part-Time, Hourly Part-Time and Seasonal Part-Time.

The scheduling of the shifts for Part-Time employees shall be based upon seniority, herein defined as time in the employee’s classification. The more senior employees possessing the necessary skills to perform the work within the job classification will be given preference in the selection of shifts. Shift selections within each job classification shall be made in the following order: Regular Part-Time, Hourly Part-Time and Seasonal Part-Time.

Notwithstanding the above, management has the right to schedule employees based upon the need and the qualifications necessary to perform the specific work needed to be completed.

Management retains the right to establish work schedules and hours, including making schedule changes where necessary. Supervisors and managers are encouraged to provide employees with 14 days advance notice of their assigned work schedules whenever possible.

When the preschool is on a break and/or students are not in attendance, the Pre-School teachers Head Pre School Teachers and Pre School Assistants will still be assigned to work a minimum of twenty-five (25) hours per week. However, all such work must be performed at the City (with the exception of purchasing supplies or equipment) and must be accounted for on the teachers’ time sheets. The teachers, at their option, may request to use accrued leave time (i.e., universal leave) to cover all or part of the twenty-five (25) hours. Approval of such leave time will be in accordance with the leave approval practices and provisions of this MOU.

Accurately Reporting Time Worked
Employees are required to accurately report all time worked on their time sheets and submit all time sheets by the deadline established by the Payroll Division of the Finance Department. Under no circumstances may an employee work any time in addition to their regular work hours before or after work or on an unpaid meal break without first receiving approval in advance from their supervisor.

Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time. This is illustrated by the following:

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0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
For example, if an employee whose work schedule is 7:30 a.m. to 12:30 p.m. works until 12:48 p.m. they would record 5.3 hours for the day.

The parties agree that if the City makes any timekeeping system upgrades during the term of this MOU, if there are any meet and confer/consult obligations (either impacts or any decisions which may require meet and confer) the Association and/or the City agree to promptly meet and confer/consult if requested by the other party.

13. REST PERIODS AND MEAL TIMES
At the discretion of the City, rest periods will be provided to employees whenever possible. Such rest periods will be provided at the rate of ten (10) consecutive minutes for each four (4) (or major portion thereof) hours worked, and will occur as near as possible to the middle of the work period. Rest periods are paid as time worked and will be scheduled by the City. The City may require employees to remain on the premises during the ten (10) minute break(s).

Ten (10) minute rest periods will be provided as follows for the hours involved.

Total Hours of Work Rest Periods Authorized Per Shift
0-3.5 0

3.5-6.0 1

6.0-10.0 2

10.0-14.0 3

14.0-18.0 4
A one-half (0.5) hour meal period will be provided for every five (5)-hour work period, unless six (6) hours of work will complete the day's work and the employee voluntarily elects to forego the meal period. As the City and the Association agree that customer service is important, those employees whose workstations necessarily come into contact with the public will not be allowed to consume food at their workstations. Such employees will, if eligible for a meal period as outlined above, be required to take their meal periods away from their respective workstation.

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Meal periods will be uncompensated by the City unless agreed to by the City in advance of the individual meal period.

14. NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religious creed, color, sex, age, disability, national origin, sexual orientation, ancestry, gender, gender identity, gender expression, marital status, or any other protected status defined under anti-discrimination laws.

15. MANAGEMENT RIGHTS
Except as limited by the specific and express terms of the MOU, the City hereby retains and reserves unto itself, all rights, powers, authority, duty, and responsibilities confirmed on and vested in it by the law and the constitution of the State of California and/or United States of America.

The management and the direction of the work force of the City is vested exclusively in the City and nothing in the MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees; the right to hire, promote, demote, transfer, assign, schedule and retain employees in positions within the City; suspend or discharge employees; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means, and appropriate job classification organizational structure and personnel by which the operations are carried out; and to establish qualifications and quality standards.

16. PERSONNEL FILES
The City shall maintain only one official personnel file for each employee. The official personnel file shall be housed in the City's Human Resources Department. Employees shall be entitled to review the contents of their official personnel file at reasonable intervals provided that the employee schedules an appointment, at least twenty-four (24) hours in advance, during the regular hours of the Human Resources Department. Employees often receive commendations or other positive comments about their work from citizens or other employees. Employees have the right to request that any such positive written comments be placed in their personnel file and said comments will be placed in the personnel file. Comments adverse to an employee’s interests shall be provided to the employee prior to such comments being placed in the employee’s personnel file. An employee shall have thirty (30) calendar days in which to attach a response to an adverse comment. Any such response shall accompany the adverse comment in the employee’s personnel file.

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17. ASSOCIATION-RELATED BUSINESS
A. Stewards Program
MEA may select a total of six (6) stewards for this Unit. MEA shall give to the City's representative a written list of employees who have been selected as stewards. This list shall be kept current by MEA and submitted to the Director of Human Resources every six (6) months. The role of the steward is to provide timely MEA representation to employees seeking such assistance in the resolution of employment disputes or potential employment disputes.

Stewards, when leaving their work locations to fulfill their responsibilities as steward, shall first obtain permission from their immediate supervisor and inform them of the general nature of the business. Permission to leave shall be granted promptly unless such absence would cause undue interruption of work. If such permission cannot be granted promptly the steward shall be, if possible, informed when time may be made available.

MEA stewards shall complete a time-use slip to document MEA activity time used as part of the allocation set forth herein. This slip shall be initialed by the steward using the time and by the supervisor authorizing it. The authorization slip shall be submitted to the Human Resources Department. Steward business which is subject to release time according to this Article may be conducted only at City work locations. Employees must track their use of Steward business in the City’s timekeeping system by using appropriate payroll codes so that the City can keep accurate, ongoing records of the amount of leave used for the year at any time.

Upon entering a work location, the steward shall inform the appropriate supervisor of the nature of the business. Permission to leave the job shall be granted promptly to the employee involved unless such absence would cause an undue interruption of work. If the employee cannot be made available, the steward shall be immediately informed, if possible, when the employee may be made available.

MEA agrees that a steward shall not log compensatory time (which is only applicable to a Steward in the full-time MEA unit) or overtime pay for the time spent performing any function of a steward. To the extent possible, due to the nature of part-time employment, the City expects some of the stewards to conduct association related business on their own time.

B. Dues Deduction
The City shall remit the dues deductions in the amount the Association sets on a periodic basis.

Deduction authorizations shall remain in full force and effect until, and so long as, MEA remains the formally-recognized employee representative for this Unit.

As some Part-Time employees work a limited number of hours, the MEA does not wish for dues to constitute a financial hardship. If two percent (2%) of the employee’s gross pay per pay period is less than the amount of the dues, then the payroll deduction shall be two percent (2%) of the employee’s gross pay.

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C. Bulletin Boards
MEA may post no more than two (2) MEA documents at any one time on City bulletin boards, provided that such documents are not of a political or discriminatory nature. The President of the MEA, or their designee, shall be the only party authorized to approve notices for placement on City bulletin boards.

D. Use of City Facilities
Representatives of MEA may use City facilities for general membership meetings with City approval and prior approval from the individuals(s) responsible for scheduling rooms in the department. The MEA may hold their Board of Stewards meetings during the lunch period or after work in the Library or other facilities, subject to City approval.

E. Association Business and Training
The City will grant up to one hundred (100) hours per contract year to MEA for the purpose of training and to conduct MEA business in this bargaining unit. The time shall be allocated by MEA as it believes appropriate. The Human Resources Department shall be notified of the use of this time and maintain records of its use as necessary. MEA representatives utilizing this time shall notify their supervisors and shall endeavor to provide as much advance notice as possible. If the time is being used for training, the employee must notify their supervisor for approval as training is known in advance. Employees must track their use of the one hundred (100) hours in the City’s timekeeping system by using appropriate payroll codes so that the City can keep accurate, ongoing records of the amount of leave used for the year at any time. If an employee in the unit participates in the MEA issues meeting during work hours, it will not be deducted from the 100 hours.

F. Translation Duties
Neither Supervisors nor employees designated as Leads or Lead Workers shall direct employees to perform translation duties as part of their job.

G. Personal Vehicles
Employees in this unit are not required to use their personal vehicles for City business.

18. GRIEVANCE PROCEDURE FOR REGULAR PART-TIME EMPLOYEES The City and the Association recognize that disputes related to this MOU will occur from time to time. It is both parties’ intent and desire that any such disputes be resolved quickly and amicably.

However, the parties recognize that occasionally disputes will need to be resolved by a neutral party. It is for that reason that the parties agree to the following provisions of their grievance procedure.

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A. Definition of a Grievance
An allegation by a Regular Part-Time employee or the Association that there has been a violation, misinterpretation, or misapplication of the terms of this MOU or any past practice.

B. Timeliness of a Grievance
All grievances must be filed within sixty (60) calendar days of the occurrence giving rise to the grievance or the time within which the grievant (either the Regular Part-Time employee or Association) knew or should have known of the occurrence.

C. Grievance Procedure
The parties acknowledge that a grievance procedure is beneficial to resolve MOU disputes.

1. Step 1 – If either an employee or Association is the grievant – Communication with the Human Resources Department: Whenever an employee or Association believes that there has been a violation, misinterpretation, or misapplication of the terms of this MOU, the employee or Association shall inform the Director of Human Resources in writing of the alleged violation, misinterpretation, or misapplication. The Director of Human Resources shall either promptly schedule a meeting with the designated employee or the Association representative to discuss the grievance, or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the Director of Human Resources shall present their determination in writing within fifteen (15) calendar days of the meeting.

The response will be sent by e-mail to the designated employee or Association representative.

2. Step 2 – City Manager: If the employee or Association is not satisfied with the results of Step 1 (or the Director of Human Resources does not respond within the time limits for a response), the employee or Association may move the grievance to the City Manager. To do so the employee or Association must present, in writing, to the Director of Human Resources a document setting forth the alleged violation, misinterpretation, or misapplication of the terms of this MOU and requesting that the grievance be submitted to the City Manager. This document must be presented within ten (10) calendar days of the date the Step 1 response was e-mailed to the employee or Association representative, or within ten (10) calendar days from the last date the response was due if no response was given.

3. The City Manager or designee (who may only be the Assistant or Deputy City Manager) may hear the grievance or may choose to have a hearing officer (mutually selected by the parties from a list obtained from the Public Employment Relations Board) hear the grievance, and then issue a recommendation to the City Manager. If a hearing officer is chosen, they will make a recommendation to City Manager. The City Manager may accept, reject or modify the hearing officer’s recommendation or any part thereof. The City Manager's decision shall be issued within thirty (30) days and shall be the final administrative decision on the matter, subject to appeal under CCP §1094.5.

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D. Hourly Part-Time Employees
Employee complaints and concerns over working conditions may be submitted to the Director of Human Resources for review. The Director of Human Resources will evaluate the matter and determine whether the complaint or concern is or is not valid. It is an opportunity to bring forth a complaint or concern, not a right to a hearing or any other process. If the Director of Human Resources determines that the complaint or concern is valid, they will determine whether action is necessary to address the issues raised in the complaint or concern. Hourly employees are not entitled to submit MOU disputes to the Director of Human Resources for review, and are not entitled to pursue an individual grievance using the procedure above E. Seasonal Part-Time Employees
Seasonal Part-Time employees shall have no right to review of MOU disputes, and/or complaints or concerns over working conditions by the Director of Human Resources. They shall also have no right to pursue an individual grievance using the procedure above.

19. JOB DESCRIPTIONS AND RECRUITMENT OPPORTUNITIES
The City shall provide MEA with a copy of any proposed change to any existing and/or new job description and MEA shall provide comments, if any, to the City within two (2) weeks upon receipt of the job description(s).

The City values the need and desire for all employees to be aware of new job openings and to have the ability to apply for those positions. The City agrees to notify MEA when openings occur and ensures that positions are open for at least seven (7) calendar days to give existing employees the opportunity to apply for the opening. However, in the case of operational need, the City can request of the Association to be relieved of the seven (7) day posting requirement and the Association agrees that it will respond to the request within twenty-four (24) hours.

20. SERVICE CREDIT POINTS
Service credit points shall be applicable to employees who pass the qualifying examination for a full-time position in the City. Those part-time employees who work a continuous 1,000 hours per calendar year (i.e., Regular Part-Time Employees) shall be entitled to one-half (1/2) of one service credit point for each year of service up to ten (10) service credit points. Service credit points shall be added to the examination score.

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21. RETIREMENT
A. Social Security Alternative Retirement Plan
The City has adopted an Alternate Retirement Plan (ARP) through the Public Agency Retirement Services (PARS) for those unit employees who are not members of the California Public Employees’ Retirement System (CalPERS) and who are otherwise subject to mandatory Social Security coverage requirements. All eligible unit employees (i.e., all employees who are not included in CalPERS) will be covered by the PARS 457 Alternative Retirement Plan. Employees will continue to participate in and will make contributions toward Medicare, as required by law.

If an employee is enrolled in the ARP plan at the time of hire and subsequently works 1,000 hours in any fiscal year, they will automatically be enrolled in CalPERS and shall be removed from the ARP provided through PARS.

The PARS 457 Alternative Retirement Plan provides that each pay period, 6.2% will be deducted from all eligible employees’ salaries and deposited into their PARS 457 FICA Plan Account. In addition, each pay period, the City will contribute 1.3% of each eligible employee's salary to their PARS 457 FICA Plan Account.

The form of the ARP, including subsequent up-dates, changes, or amendment, shall be as determined solely by the City provided it meets the minimum benefit requirements for an alternate retirement system under the Internal Revenue Code. Any change in the substance of the plan must be made by agreement of the parties.

Employees with thirty (30) or more qualifying quarters in Social Security who wish to remain in Social Security for the purpose of obtaining the 40 qualifying quarters required to vest in Social Security may petition the Director of Human Resources.

B. CalPERS Retirement Benefits
Regular Part-Time employees will be enrolled in CalPERS at the time of hire and will receive the same retirement formula as other, similarly-situated, miscellaneous City employees who are enrolled in CalPERS. Should an Hourly employee at any point work in excess of 1,000 hours in any given fiscal year, they will be enrolled in CalPERS.

The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth in Exhibit “B” to this MOU.

1. For “Classic Member” Employees
a) Retirement Formula: The City contracts with CalPERS to provide the 2.5% at 55 retirement formula set forth in California Government Code Section 21354.4.

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b) Single Highest Year: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for miscellaneous employees of which “classic member” employees in the unit are included per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS.
c) Payment of Employee/Member Contribution: Classic Members pay their 8% Member Contribution. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

2. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)
a) Retirement Formula: Employees who are defined as “new members” under the PEPRA, are covered by the 2%@ 62 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.20(a).
b) Retirement Benefit Calculation Period: For employees defined as “new members” under the PEPRA, such employees’ final compensation will be based on the highest annual average pensionable compensation during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).
c) Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS each year in their annual valuation, through a payroll deduction. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

In addition, new members will pay an additional amount for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). That amount will be the difference between the current half the normal cost amount and eight percent (8%), so that their total retirement contribution will be eight percent (8%).

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3. Additional Optional Benefits For All Employees in CalPERS a) 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor's Benefit per Government Code section 21574. Employees pay the employee premium for this benefit. b) Pre-Retirement Option 2 Benefit: The City’s contract with CalPERS provides for Pre-Retirement Optional Settlement 2 Benefit as set forth in Government Code Section 21548 for all employees covered by CalPERS. c) Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024. d) Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551. e) Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.
f) Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620. g) Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

22. SAVINGS CLAUSE
If any provision of the MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining provisions of the MOU shall remain in full force and effect. In the event of such invalidation, the parties shall replace any illegal or unenforceable benefit with another benefit or provision of equal or similar value. The City and Association shall meet and confer in good faith concerning the provision of a replacement benefit or provision of equal or similar value, including whether a replacement benefit or provision is necessary and appropriate. This section shall not require a replacement provision that will result in financial or administrative burden to the City, including the amount and timing, greater than the provision it is replacing. If the parties are unable to reach agreement, they agree to submit the matter to the procedure set forth in Article 18.

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FOR THE MUNICIPAL EMPLOYEES’ ASSOCIATION OF BEVERLY HILLS _________________________ __________________________
Steve Jaramillo, President Date
Bargaining Team:
____________________________ ____________________________ Michal Burk Date
____________________________ ____________________________ Ruth Perez Date
____________________________ ____________________________ Ryan Nelson Date
____________________________ ____________________________ Robert Wexler Date

FOR THE CITY OF BEVERLY HILLS
____________________________ ____________________________ Shelley Ovrom Date
____________________________ ____________________________ Kirsten Rowe Date
____________________________ ____________________________ Michael Nettles Date
____________________________ ____________________________ Peter Brown Date

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EXHIBIT “A”

PART-TIME UNIT HOURLY SALARY SCHEDULE
EFFECTIVE JULY 2, 2022
RPT Hourly Classification FTE Step 1 Step 2 Step 3 Step 4 Step 5 N/A 6201 Administrative InternGrad $18.07 $18.98 $19.93 $20.92 $21.97 N/A 6200 Administrative InternUndergrad $15.30 $16.07 $16.87 $17.71 $18.59 TBD TBD Art Handler $29.81 $31.39 $33.04 $34.78 $36.61
TBD TBD Arts and Events Specialist $29.81 $31.39 $33.04 $34.78 $36.61 N/A 5580 Assistant Market Manager $25.59 $26.87 $28.21 $29.62 $31.11 TBD TBD Building Maintenance
Attendant G-22 $20.51 $21.64 $22.83 $24.09 $25.41
N/A 4575 Cable TV/Video Specialist $34.72 $36.45 $38.27 $40.19 $42.20 5600 5601 Child Care Counselor $18.06 $19.01 $20.01 $20.91 $21.96 5599 5598 Child Care Site
Coordinator $24.51 $25.73 $27.02 $28.38 $29.79
TBD TBD Code Enforcement
Investigator $22.21 $23.32 $24.48 $25.70 $26.99
5565 5566
Community Services
Assistant (was Tennis
Clerk)
$15.30 $16.07 $16.87 $17.71 $18.59
5555 5556
Community Services
Facility Attendant (was
Rec Leader II)
$15.30 Flat Rate
TBD TBD Crime Prevention Officer $24.23 $25.44 $26.70 $28.04 $29.45 6191 6192 Customer Service
Representative G-52 $27.65 $29.17 $30.77 $32.47 $34.25
N/A 5581 Farmer's Market
Coordinator $23.27 $24.43 $25.65 $26.94 $28.28
N/A 3125 Fire Cadet $15.30 Flat Rate
TBD TBD Food Service Specialist $20.26 $21.32 $22.44 $23.56 $24.74 N/A 4025 Librarian I G-75 $34.76 $36.67 $38.69 $40.82 $43.06 4022 4021 Librarian II H-05 $38.02 $40.11 $42.31 $44.64 $47.10 4050 4051 Library Clerk I G-35 $23.35 $24.63 $25.98 $27.41 $28.92 4046 4047 Library Clerk II G-45 $25.79 $27.21 $28.70 $30.28 $31.95 N/A 4062 Library Page $15.30 Flat Rate
N/A 4036 Library Technician G-58 $29.35 $30.96 $32.67 $34.46 $36.36 TBD TBD Lifeguard $15.30 Flat Rate

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RPT Hourly Classification FTE Step 1 Step 2 Step 3 Step 4 Step 5 TBD TBD Mechanic Helper $18.82 $19.77 $20.75 $21.79 $22.88 6195 6196 Office Clerk (was Data
Entry Specialist) $18.82 $19.77 $20.75 $21.79 $22.88
TBD TBD Park Maintenance Worker $17.97 $18.87 $19.82 $20.81 $21.85 3765 3766 Park Ranger $21.09 $22.15 $23.26 $24.42 $25.64 3615 3616 Parking Attendant $15.30 $16.07 $16.87 $17.71 $18.59 3617 N/A Parking Specialist $21.85 $22.94 $24.09 $25.30 $26.56 3610 3611 Permit Parking Assistant $15.30 $16.07 $16.87 $17.71 $18.59 3115 3116 Personnel & Training
Specialist $25.11 $26.37 $27.69 $29.07 $30.53
N/A 3130 Police Cadet $17.57 $18.45 $19.38 $20.35 $21.36 5595 N/A
Preschool Teaching
Assistant (was Preschool
Assistant)
$18.06 $19.01 $20.01 $20.91 $21.96
5585 N/A Preschool Head Teacher $33.10 $34.76 $36.50 $38.31 $40.23 5590 N/A Preschool Teacher $24.51 $25.73 $27.02 $28.38 $29.79 5518 5519 Program Operations
Specialist $27.60 $28.98 $30.43 $31.95 $33.55
N/A 5560 Recreation Aide (was
Recreation Leader I) $15.30 Flat Rate
5550 5551 Recreation Leader $17.40 $18.32 $19.29 $20.30 $21.37 5545 5546 Recreation Specialist -
Seasonal $25.50 Flat Rate
5545 5546 Recreation Specialist
(Hourly and RPT) $15.30 $16.07 $16.87 $17.71 $18.59
4041 N/A Senior Library Clerk G-55 $28.49 $30.05 $31.71 $33.45 $35.29 4056 N/A Senior Library Page F-16 $15.00 $15.00 $15.00 $15.46 $16.31 N/A 4546 Senior Support Specialist H-05 $38.02 $40.11 $42.31 $44.64 $47.10 TBD TBD Sr. Arts and Events
Specialist $32.80 $34.53 $36.34 $38.26 $40.27
4573 N/A Sr. Video Production
Specialist $29.29 $30.83 $32.46 $34.17 $36.00
TBD TBD Tree Maintenance Worker $18.90 $19.84 $20.84 $21.88 $22.97 5542 N/A Venue Coordinator G-71 $33.40 $35.24 $37.18 $39.22 $41.38 4572 N/A
Video Producer/Editor
(was Cable TV/Video
Associate I)
G-75 $34.76 $36.67 $38.69 $40.82 $43.06
N/A 4581
Video Production
Specialist (was Cable
TV/Video Asst.)
$25.60 $26.95 $28.37 $29.78 $31.27
TBD TBD Volunteer Coordinator $21.53 $22.61 $23.74 $24.93 $26.17

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PART-TIME UNIT HOURLY SALARY SCHEDULE
EFFECTIVE SEPTEMBER 24, 2022
RPT Hourly Classification FTE Step 1 Step 2 Step 3 Step 4 Step 5 N/A 6201 Administrative Intern-Grad $18.43 $19.36 $20.33 $21.34 $22.41 N/A 6200 Administrative InternUndergrad $15.61 $16.39 $17.21 $18.06 $18.96 TBD TBD Art Handler $30.41 $32.02 $33.70 $35.48 $37.34
TBD TBD Arts and Events Specialist $30.41 $32.02 $33.70 $35.48 $37.34 N/A 5580 Assistant Market Manager $26.10 $27.41 $28.77 $30.21 $31.73 TBD TBD Building Maintenance
Attendant G-22 $20.92 $22.07 $23.29 $24.57 $25.92
N/A 4575 Cable TV/Video Specialist $35.41 $37.18 $39.04 $40.99 $43.04 5600 5601 Child Care Counselor $18.42 $19.39 $20.41 $21.33 $22.40 5599 5598 Child Care Site Coordinator $25.00 $26.24 $27.56 $28.95 $30.39 TBD TBD Code Enforcement
Investigator $22.65 $23.79 $24.97 $26.21 $27.53
5565 5566 Community Services
Assistant (was Tennis Clerk) $15.61 $16.39 $17.21 $18.06 $18.96 5555 5556
Community Services Facility
Attendant (was Rec Leader
II)
$15.61 Flat Rate
TBD TBD Crime Prevention Officer $24.71 $25.95 $27.23 $28.60 $30.04 6191 6192 Customer Service
Representative G-52 $28.20 $29.75 $31.39 $33.12 $34.94
N/A 5581 Farmer's Market
Coordinator $23.74 $24.92 $26.16 $27.48 $28.85
N/A 3125 Fire Cadet $15.61 Flat Rate
TBD TBD Food Service Specialist $20.67 $21.75 $22.89 $24.03 $25.23 N/A 4025 Librarian I G-75 $35.45 $37.40 $39.46 $41.63 $43.92 4022 4021 Librarian II H-05 $38.78 $40.91 $43.16 $45.53 $48.04 4050 4051 Library Clerk I G-35 $23.81 $25.12 $26.50 $27.96 $29.50 4046 4047 Library Clerk II G-45 $26.30 $27.75 $29.28 $30.89 $32.59 N/A 4062 Library Page $15.61 Flat Rate
N/A 4036 Library Technician G-58 $29.94 $31.58 $33.32 $35.15 $37.09 TBD TBD Lifeguard $15.61 Flat Rate
TBD TBD Mechanic Helper $19.20 $20.17 $21.17 $22.23 $23.34 6195 6196 Office Clerk (was Data Entry
Specialist) $19.20 $20.17 $21.17 $22.23 $23.34
TBD TBD Park Maintenance Worker $18.33 $19.25 $20.22 $21.23 $22.29 3765 3766 Park Ranger $21.51 $22.59 $23.73 $24.91 $26.15

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RPT Hourly Classification FTE Step 1 Step 2 Step 3 Step 4 Step 5 3615 3616 Parking Attendant $15.61 $16.39 $17.21 $18.06 $18.96 3617 N/A Parking Specialist $22.29 $23.40 $24.57 $25.81 $27.09 3610 3611 Permit Parking Assistant $15.61 $16.39 $17.21 $18.06 $18.96 3115 3116 Personnel & Training
Specialist $25.61 $26.90 $28.24 $29.65 $31.14
N/A 3130 Police Cadet $17.92 $18.82 $19.77 $20.76 $21.79 5595 N/A
Preschool Teaching
Assistant (was Preschool
Assistant)
$18.42 $19.39 $20.41 $21.33 $22.40
5585 N/A Preschool Head Teacher $33.76 $35.46 $37.23 $39.08 $41.03 5590 N/A Preschool Teacher $25.00 $26.24 $27.56 $28.95 $30.39 5518 5519 Program Operations
Specialist $28.15 $29.56 $31.04 $32.59 $34.22
N/A 5560 Recreation Aide (was
Recreation Leader I) $15.61 Flat Rate
5550 5551 Recreation Leader $17.75 $18.69 $19.68 $20.71 $21.80 5545 5546 Recreation Specialist -
Seasonal $26.01 Flat Rate
5545 5546 Recreation Specialist (Hourly
and RPT) $15.61 $16.39 $17.21 $18.06 $18.96
4041 N/A Senior Library Clerk G-55 $29.06 $30.65 $32.34 $34.12 $35.99 4056 N/A Senior Library Page F-16 $15.30 $15.30 $15.30 $15.77 $16.63 N/A 4546 Senior Support Specialist H-05 $38.78 $40.91 $43.16 $45.53 $48.04 TBD TBD Sr. Arts and Events Specialist $33.46 35.22 $37.07 $39.03 $41.08 4573 N/A Sr. Video Production
Specialist $29.88 31.45 $33.11 $34.85 $36.72
TBD TBD Tree Maintenance Worker $19.28 $20.24 $21.26 $22.32 $23.43 5542 N/A Venue Coordinator G-71 $34.07 $35.94 $37.92 $40.00 $42.21 4572 N/A Video Producer/Editor (was
Cable TV/Video Associate I) G-75 $35.45 $37.40 $39.46 $41.63 $43.92 N/A 4581
Video Production
Specialist (was Cable
TV/Video Asst.)
$26.11 27.49 $28.94 $30.38 $31.90
TBD TBD Volunteer Coordinator $21.96 $23.06 $24.21 $25.43 $26.69

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EXHIBIT “B”
DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA.

The parties acknowledge that the PEPRA controls over definitions such as “new member” and “classic member” and put their understanding of the definitions in their MOU for informational purposes so that employees understand their retirement benefits.

New Member
Government Code section 7522.04(f) defines “new member” as follows:
(a) "New member" means any of the following:
(1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.

Classic Member
CalPERS refers to all members who do not fit the definition of new member as a classic member.

ATTACHMENT 3

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