Attachment 3
Memorandum of Understanding
between the
City of Burbank
and the
Burbank Management
Association
January 1, 2019
July 1, 2022 through
June 30, 20222025
Table of Contents
BMA MOU Page i
TABLE OF CONTENTS
ARTICLE I RECOGNITION .................................................................................................. 1 SECTION A. RECOGNIZED-EMPLOYEES' ORGANIZATION ............................... 1 SECTION B. CONFIDENTIAL-RESTRICTED ........................................................ 1 SECTION C. PART TIME ....................................................................................... 1 SECTION D. TEMPORARY STATUS ............................................................... ...... 1 ARTICLE II SALARY AND COMPENSATION ............................................................... ..... 2 SECTION A. SALARY SCHEDULE ........................................................................ 2 SECTION B. INITIAL SALARY ............................................................................... 3 SECTION C. ADVANCE IN SALARY ..................................................................... 3 SECTION D. EVALUATIONS ................................................................................. 5 SECTION E. “Y” RATE ........................................................................................... 6 SECTION F. PAY DATES ...................................................................................... 7 SECTION G. DIFFERENTIAL AND SHIFT PAY ..................................................... 7 SECTION H. WORKING OUT-OF-CLASS ............................................................. 9 SECTION I. WORKING OUT-OF-CLASS APPEAL .............................................. 11 SECTION J. MILEAGE REIMBURSEMENT ......................................................... 11 ARTICLE III FRINGE BENEFITS ...................................................................................... 12 SECTION A. §125 FLEXIBLE BENEFIT PLAN (CAFETERIA PLAN)
CONTRIBUTION .............................................................................. 12 SECTION B. CITY FRINGE BENEFIT CONTRIBUTION ...................................... 12 SECTION C. LIFE INSURANCE ............................................................... ............ 16 SECTION D. MEDICARE ..................................................................................... 17 SECTION E. EDUCATIONAL TUITION REIMBURSEMENT ................................ 17 ARTICLE IV RETIREMENT ............................................................................................... 20 SECTION A. PERS EMPLOYEE CONTRIBUTION .............................................. 20 SECTION B. SURVIVORS BENEFITS ................................................................. 21 SECTION C. FINAL COMPENSATION ................................................................ 21 SECTION D. RETIREMENT FORMULA ............................................................... 21 SECTION E. RETIRED EMPLOYEES' MEDICAL TRUST ................................... 22 SECTION F. RETIRED HEALTH SAVINGS ......................................................... 22 SECTION G. RETIRED EMPLOYEES MEDICAL INSURANCE ........................... 22 SECTION H. CONTRIBUTION FOR EMPLOYEES WHO RETIRED BETWEEN JUNE 29, 1992 AND DECEMBER 31, 2003 ......................................................... 21 SECTION IH. 457 PLAN- MATC HING FUNDS ................................................... 22 ARTICLE V VACATION AND HOLIDAYS ........................................................................ 24 SECTION A. VACATIONS .................................................................................... 24 SECTION B. HOLIDAYS ...................................................................................... 24 ARTICLE VI SICK LEAVE AND UNIVERSAL LEAVE ..................................................... 26 SECTION A. USE ................................................................................................. 26 SECTION B. COMPENSATION AT RETIREMENT OR DEATH .......................... 26 SECTION C. SICK LEAVE-ACCRUAL ................................................................. 26 SECTION D. SICK LEAVE USAGE ...................................................................... 26 SECTION E. SICK LEAVE NOTICE ..................................................................... 27 Table of Contents
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SECTION F. SICK LEAVE-MEDICAL/DENTAL APPOINTMENTS ....................... 27 SECTION G. SICK LEAVE-REVOKED................................................................. 27 SECTION H. SICK LEAVE-MEDICAL DOCUMENTATION .................................. 27 SECTION I. SICK LEAVE-WITHOUT PAY ........................................................... 27 SECTION J. SICK LEAVE CONVERSION .......................................................... 27 SECTION K. UNIVERSAL LEAVE ............................................................... ......... 28 SECTION L. ELIGIBILITY OF LEAVE BALANCE TO DEFERRED
COMPENSATION ............................................................................ 30 ARTICLE VII OTHER LEAVES OF ABSENCE ................................................................. 31 SECTION A. LEAVES OF ABSENCE WITHOUT PAY ......................................... 31 SECTION B. LEAVE - DEATH IN FAMILY ........................................................... 31 SECTION C. JURY AND SUBPOENA LEAVE ..................................................... 31 SECTION D. EMERGENCY LEAVE ............................................................... ...... 33 SECTION E. RELIGIOUS SERVICES .................................................................. 33 SECTION F. MILITARY LEAVE OF ABSENCE .................................................... 33 SECTION G. MANAGEMENT LEAVE .................................................................. 33 SECTION H. ELECTION LEAVE .......................................................................... 34 SECTION I. INDUSTRIAL ACCIDENT LEAVE .................................................... 34 SECTION J. LIMITED DUTY ASSIGNMENTS FOR EMPLOYEES RETURNING
TO WORK AFTER NON-I NDUSTRIAL ACCIDENTS
OR INJURIES .................................................................................. 35 SECTION K. SENIORITY STATUS WHILE ON LEAVE ....................................... 35 SECTION L. PERMANENT INJURY - OCCUPATIONALLY DISABLED
EMPLOYEES ................................................................................... 35 SECTION M. EXPIRATION OF LEAVES ............................................................. 35 SECTION N. UNAUTHORIZED ABSENCE .......................................................... 35 SECTION O. FAMILY MEDICAL LEAVE .............................................................. 35 SECTION P. PARENTAL LEAVE
ARTICLE VIII HOURS OF WORK AND OVERTIME ........................................................ 36 SECTION A. HOURS OF WORK - FULL TIME EMPLOYEES ............................. 36 SECTION B. REST PERIODS .............................................................................. 36 SECTION C. OVERTIME PAY ............................................................................. 36 SECTION D. OTHER PAY FOR HOURS WORKED………………………………..35
SECTION DE. ATTENDANCE ............................................................... ............... 38 ARTICLE IX PROBATIONARY PERIOD – CIVIL SERVICE EMPLOYEES ..................... 39 SECTION A. PURPOSE OF PROBATION ........................................................... 39 SECTION B. ONE YEAR PERIOD ....................................................................... 39 SECTION C. EXTENSION OF PROBATION ........................................................ 39 SECTION D. TERMINATION OF APPOINTMENT ............................................... 39 SECTION E. REINSTATEMENT OF REJ ECTED PROBATIONARY EMPLOYEE TO FORMER PO SITION ............................................................... 39 SECTION F. DISPLACEMENT BY REI NSTATEMENT OF ANOTHER TO THEIR FORMER POSITION .......................................................... 39
ARTICLE X LAYOFF, DISPLACEMENT AND RECALL FOR CIVIL SERVICE EMPLOYEES .................................................................................................................... 41 Table of Contents
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SECTION A. PURPOSE ....................................................................................... 41 SECTION B. SENIORITY ..................................................................................... 41 SECTION C. LAYOFF .......................................................................................... 41 SECTION D. DISPLACEMENT ............................................................................ 42 SECTION E. PROCEDURE ............................................................... ................... 44 SECTION F. RECALL ............................................................... ............................ 44 SECTION G. BENEFIT CONSIDERATIONS ........................................................ 45 ARTICLE XI CONTRACTING OUT ................................................................................... 47 SECTION A. CONTRACTING OUT ...................................................................... 47 ARTICLE XII NON-DISCRIMINATION .............................................................................. 48 SECTION A. NON-DISCRIMINATION .................................................................. 48 ARTICLE XIII GRIEVANCE PROCEDURE ....................................................................... 49 SECTION A. DEFINITION .................................................................................... 49 SECTION B. PROCEDURE.................................................................................. 49 SECTION C. MEDIATION .................................................................................... 50 ARTICLE XIV DISCIPLINE PROCEDURES ............................................................... ....... 51 SECTION A. CAUSES OF DISCIPLINARY ACTION ............................................ 51 SECTION B. DISCIPLINARY ACTIONS ............................................................... 52 SECTION C. PROPOSED DISCIPLINE ............................................................... 52 SECTION D. APPEAL OF DISCIPLINE ............................................................... 53 SECTION E. DECISION OF ARBITRATOR AND APPEAL .................................. 54 SECTION F. MEDIATION ..................................................................................... 54 ARTICLE XV INFORMAL DISCUSSION OF DEPARTMENTAL PROBLEMS ................. 55 SECTION A. DEPARTMENTAL MEETINGS ........................................................ 55 ARTICLE XVI HEALTH AND SAFETY ............................................................................. 56 SECTION A. SAFETY IN THE WORK PLACE ..................................................... 56 SECTION B. SAFETY EQUIPMENT .................................................................... 56 ARTICLE XVII EMPLOYEE RIGHTS ................................................................................ 57 SECTION A. PAYROLL DEDUCTION AND DUES .............................................. 57 SECTION B. MEMBERSHIP LIST ........................................................................ 58 SECTION C. NON-MEMBER LIST(S) .................................................................. 58 SECTION D. ACCESS TO WORK LOCATIONS .................................................. 58 SECTION E. MEETING WITH NEW EMPLOYEES .............................................. 59 SECTION F. PERSONNEL FILES ............................................................... ......... 59 SECTION G. TIME OFF FOR CIVIL SERVICE BOARD MEETINGS AND ARBITRATION HEARINGS .................................................................................. 59 SECTION H. RIGHT OF REPRESENTATION ..................................................... 60 SECTION I. CITY BULLETIN BOARDS ............................................................... . 60 SECTION J. ASSOCIATION LEAVE .................................................................... 61 SECTION K. PAST PRACTICES ............................................................... ........... 61 SECTION L. FACILITIES USAGE ........................................................................ 61 ARTICLE XVIII EMPLOYER RIGHTS AND PAST PRACTICES ...................................... 62 SECTION A. EMPLOYER RIGHTS ...................................................................... 62 SECTION B. ALL RIGHTS RETAINER ............................................................... .. 62 Table of Contents
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ARTICLE XIX MISCELLANEOUS ...................................................................................... 63 SECTION A. MANAGEMENT TRAINING ............................................................. 63 SECTION B. MOU COPIES ................................................................................. 64 SECTION C. PROFESSIONAL DEVELOPMENT ................................................. 64 SECTION D. CITY ASSOCIATION RELATIONS.................................................. 64 SECTION E. NO STRIKE - NO LOCKOUT .......................................................... 65 SECTION F. UNIFORMS ..................................................................................... 65 SECTION G. NEPOTISM POLICY ....................................................................... 65 SECTION H. CRAFT AND PROFESSIONAL LICENSES .................................... 65 SECTION I. FINGERPRINTING ........................................................................... 65 ARTICLE XX RECRUITMENT AND SELECTION ............................................................. 67 SECTION A. EXPEDITED HIRING ............................................................... ........ 67 SECTION B. EDUCATION AND EXPERIENCE ................................................... 67 SECTION C. SIGNING AND RETENTION BONUS ............................................. 67 ARTICLE XXI SAVINGS CLAUSE .................................................................................... 68 SECTION A. RENEGOTIATION ........................................................................... 68 SECTION B. CONTROL ....................................................................................... 68 SECTION C. FAIR LABOR STANDARDS ACT .................................................... 68 ARTICLE XXII TERM OF MEMORANDUM OF UNDERSTANDING ................................ 69 SECTION A. TERM .............................................................................................. 69 EXHIBIT A ............................................................... .......................................................... 72 EXHIBIT B ............................................................... .......................................................... 76 EXHIBIT C ............................................................... .......................................................... 77 EXHIBIT D ............................................................... .......................................................... 85 EXHIBIT E .................................................................................................................... ..... 86 EXHIBIT F .................................................................................................................... ..... 89 EXHIBIT G .................................................................................................................... .... 90 INDEX ........................................................................................................................ ....... 99
Article I - Recognition
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ARTICLE I
RECOGNITION
SECTION A. RECOGNIZED-EMPLOYEES' ORGANIZATION
The Burbank Management Associati on, (hereinafter referred to as "BMA") is the recognized employee organization for all personnel (hereinafter referred to as "employees") employed by the Ci ty of Burbank (hereinafter refer red to as "City"), in the classifications listed in Exhibit A to this memorandum. The City will meet and confer with the BMA as to t he inclusion of newly created cl assifications into the bargaining unit, and their appropriate rate of pay for such new classifications within ten (10) working days before going to the approving Boar d or Council. Any organizational change that results in a “Z” group manager (whos e classification is listed in Exhibit A) not reporting directly to a Department Exe cutive will move the manager under BMA representation. Any organizational change wh ich results in a BMA classification reporting directly to a Department Executi ve in the capacity of a Division Manager will move the manager out of BMA representation.
SECTION B. CONFIDENTIAL-RESTRICTED
The parties hereto recognize that employees who hold positions in the classifications enumerated in Exh ibit B of this Memorandum of U nderstanding, "Confidential-Management", are r ecipients of highly confidentia l and sensitive information. As a result, the parties agree that employees in t he classifications enumerated in Exhibit B shall not (1) serve as a board member, officer, or steward of the BMA; (2) serve on a team which either consults, or meets and confers, with City management over issues relating to wages or the terms and conditions of City employment; or (3) serve as a designated emp loyee representative in any grievance or disciplinary procedure.
SECTION C. PART TIME
Part-time employees in represent ed classes, except those having temporary status, are covered by this Memorandum of Understanding and are represented by the BMA.
SECTION D. TEMPORARY STATUS
Full or part-time employees having temporary status are not rep resented by the BMA; such employees shall have no rights, privileges or benefit s under this Memorandum of Understanding.
Article II - Salary and Compensation
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ARTICLE II
SALARY AND COMPENSATION
SECTION A. SALARY SCHEDULE
1. Base salary means the employee’s compensation within the range of the Council adopted salary schedule fo r BMA-represented titles and excludes any additional compensation. Column 2 of Exhibit G lists the monthly top of the range base salary for each BMA title in effect prior to this MOU.
The “regular rate of pay” used throughout the MOU is defined a s base salary, plus any additional compensation provided under Article II.C.3 Supervisor- Subordinate Salary Relationship, Article II.E “Y” Rate, Article II.G Differential and Shift Pay, Article II.H Working Out of Class Pay, and Artic le XX.C.
Signing and Retention Bonus. When this term is used to calculate overtime compensation under the Fair Labor Standards Act it, is defined pursuant to governing federal law.
2. Effective April 7, 2019the beginning of t he pay period containing July 1, 2022, BMA classifications with top of the salary ranges that are below the average of the 2019 market salary survey jointly conducted by BMA and the City as of July 1, 2022 , and incumbent employees in those classifications, will receive 65.5100% of the salary increase necessary to align those salary ranges with the survey average. The Ssalary increases and new top of the range base salaries are listed in Column 3 and Column 4 of Exhibit G.
Effective December 1, 2019, BMA classifications with salary ran ges that were below the average of the 2019 market salary survey at the time the survey was completed, and incumbent employees in those classifi cations, will receive a salary increase that will bring the salary ranges to the average of the 2019 survey. Salary increases are reflected in Column 5 of Exhibit G.
Effective the beginning of the pay period containing July 1, 20202023, all incumbent BMA members’ base salaries and all BMA salary ranges shall be adjusted upward by two three percent (23%). Column 6 of Exhibit G lists the new monthly top of the range base salary for each BMA title after the 3% increase.
Effective the beginning of the pay period containing July 1, 20 24, all incumbent BMA members’ base sala ries and all BMA salary ranges shall be adjusted upward by three percent (3%). Column 8 of Exhibit G lists the new monthly top of the range base salary for each BMA title aft er the 3% increase.
Effective the beginning of the pay period containing July 1, 20 21, all BMA classifications with salary ranges that are below the average o f the salary survey Article II - Salary and Compensation
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described in Exhibit C and incumbent employees in those classifications will receive an increase that will be based on that salary survey, provided, however, that the average increase provided to emp loyees will not exceed 3%. To h elp clarify the intent of the parties, the following examples are set forth bel ow. These examples assume that the salaries of all employees in categories A and B are identical and that there are an equal number of employees in each category.
EXAMPLE 1: Assume that, according to the salary survey, employees in category A are 4% below the market average and employees in category B a re 2% below the market average. As a result, the average salary increase necessary to bring all employees to the market average is 3%. Therefore, employees in category A would receive a 4% salary increase and employees in category B would receive a 2% salary increase.
EXAMPLE 2: Assume instead that the salary survey demonstrates that employees in category A are 6% below the market average and employees in category B are 2% below the market average. As a result, the average salary increase necessary to bring all employees to market average would be 4%. Because of the 3% “cap”, each employee will receive a salary increase that is 75% (3/4) of the increase necessary to bring the salaries to market average so that employees in category A would each receive a 4.5% salary increase and employees in cate gory B would each receive a 1.5% salary increase.
In preparation for the next contract negotiations in FY 202 52/263, the City will provide a salary survey based on the parameters listed in Exhibit C, Section A and Section B.
SECTION B. INITIAL SALARY
1. NEW HIRE
No person shall be hired into a position in a classification at a salary higher than fifteen percent (15%) above the bottom of the base salary schedule, without written approval of the City Manager.
2. PROMOTION
When an employee is promoted into a position in a classificatio n listed in Exhibit A, the employee shall be placed at a salary at least fi ve percent (5%) higher than the salary such employee received at such empl oyee's previous position. At the Depart ment Executive’s discretion, an employee may be placed at a salary not to exceed ten percent (10%) highe r than the salary such employee received at such employee’s previous posit ion. This advance placement may be based on performance, supervisory- subordinate salary relationship , and/or seniority. At no time s hall an employee be placed below the bottom of the salary range for the position to which they were being promoted. The next salary increase consideration shall be six months from the date of the promotion pursuant to Section C.2. of this Article.
SECTION C. ADVANCE IN SALARY
1. CLASSIFICATIO N COMMENCEMENT
Article II - Salary and Compensation
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With respect to all appointments made, including transfers, after December 16, 2007 classification shall be deemed to commence on the exact date of the employee’s hire date.
2. MOVEMENT WITHIN THE RANGE
Except as provided below in Paragraph 7 of Section D of this Ar ticle II, movement within the range shall only be given in conjunction wi th a performance evaluation. No employee shall be given more than se ven and one-half percent (7.5%) salary increase in any twelve - month period, unless approved by the City Manager. Department Executives may reduce the monthly salary of an e mployee by up to five percent (5%) in any twelve - month period on the basis of a less than satisfactory performance evaluation. Increases or decreases in salary pursua nt to the provisions of this section sha ll be separate from, and in addition to, general adjustments provided annually by Council resolution.
Any action by a Department Executive with regard to a decrease in salary, pursuant to the provisions of this Section, shall be considered a disciplinary action and shall be subject to the Discipline Proc edures as outlined in Article XIV of th is Memorandum of Understanding.
3. SUPERVISOR-SUBORDINATE SALARY RELATIONSHIP
An employee assigned supervisory responsibility will be compens ated at least five percent (5%) above the salary of the highest paid su bordinate supervised, including differentia ls or incentive pays, unless a different relationship is otherwise specifically provided by this agreement.
For purposes of this provision, differentials and incentive pay s that compensate a subordinate for working conditions that the employ ee is not subjected to on a frequent, regular, and ongoing basis as a par t of the employee’s employment will not be included in the calculation o f the 5% salary difference between the employee and their subordinate(s) . Any differentials or incentive pays that are put in place in the fu ture that meet the above criteria will also be excluded from the 5% calculatio n. Working condition differentials and incentive pays include, but are not limited to, the following:
A. Call-out crew
B. Second or third shift assignment or differential
C. 14% differential paid in lieu of shift or holiday pay pursua nt to the Twelve (12) Hour Shift Program
D. 5% differential in lieu of holidays
E. Pager pay
F. Stand-by duty
If a subordinate is “Y” rated, the portion of their salary abov e the top of the salary range for their title wi ll be excluded from the 5% calcu lation.
Differentials or incentive pays provided to perform specific du ties or skills, to obtain/maintain certification s, or to perform duties requiri ng Article II - Salary and Compensation
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certifications, will be included in the 5% calculation.
4. FAILURE TO PROCESS PERSONNEL ACTION FORM
If the City fails to process the Personnel Action Form (PAF) in a t i m e l y manner, and this results in the employee not receiving their sa lary increase (if any is recommended by the Department Executive), t he City will pay the employee retroactive to the date that their evalua tion was due as calculated by the Management Services Department.
5. ACCELERATION THROUGH THE SALARY RANGE
Effective the beginning of the pay period following Council ado ption, aAn employee’s advancement through the salary range may be accelera ted by the Department Manager, after consultation with Management Services and with City Manager approval, for reason(s) deemed appropriate an d/or operationally necessary. The requested acceleration through the salary range may be for any amount, not to exceed the top of the salary range.
Requests for acceleration must provide written justification fo r the basis of the acceleration request, such a s for parity, and certify that the employee has performed their work in an outstanding, meritorious manner.
SECTION D. EVALUATIONS
1. It is the policy of the City to have a meaningful system for employee appraisals and programs for the development of the employee's a bilities and job assignments. The primary responsibility for implementin g and carrying out the objective of this policy rests with the Depart ment Executives. The objective of the Employee Appraisal and Develop ment System is to provide a formal method by which supervisory perso nnel can evaluate the performance of employees in the accomplishment of their assigned duties and re sponsibilities. The appraisal of employee performance also includes the est ablishment of a personal devel opment plan, mutually agreed upon between the supervisor and employee, so that the employee can become prepared for greater responsibility if desired.
2. Each employee shall be periodically evaluated, at least annu ally, using performance evaluation forms approved by the City Manager or hi s/her designee (currently: Appraisal & Development Guide for Professi onal, Supervisory and Management Employe es). Such evaluation shall be conducted by the employee’s d irect manager, and approved by the Executive of the department in which the employee is assigned.
3. Department Executives shall include the City Treasurer and C ity Clerk.
Department Executives shall have the authority to grant merit pay or raises associated with performance evaluations.
Total compensation inequities relative to market salary surveys and cost- of-living adjustments may be reviewed and adjusted as necessary on a case-by-case basis by the effected employees’ Department Executive after consultation with Management Services and with City Manager app roval.
Article II - Salary and Compensation
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4. Department Executives s hould be responsible for:
a. Ensuring that a proper appraisal schedule is established for each employee in their department.
b. Ensuring that each employee is fully aware of the performanc e standards which apply to his/her position.
c. Assisting managerial and supervisory personnel with a format t o use in discussing the appraisal with the employee.
d. Assisting managers and supervis ors in identifying developmen t needs of each employee and, where necessary, coordinate these needs with the Management Services Department for counseling and/or establishing formalized training where practical.
e. Reviewing and resolving disa greements that arise during the appraisal interview that are not o therwise resolved at some low er level of management. It is expected that such disagreements should be resolved within two weeks of the date of interview and the employee notified of the final disposition.
f. Reviewing each appraisal carefully to determine whether each employee has been given proper consideration for future development based on existing skills and level of job performance.
5. Appraisals should be complete d by supervisors and reviewed w ith the next higher level of supervision prior to discussing performanc e with the employee. This will allow for gr eater management awareness and mutual approval of an employee's performance before it is discussed wi th him/her.
6. Advanced notice of at least one or two business days should be given to the employee that the appraisal will be held and a mutually agr eed upon date, time, and place selected. T his will also afford the emplo yee an opportunity to prepare for the interview.
7. Evaluations will be done in a timely manner. Employees will be notified of their date of evaluation. Failure by a supervisor to provide a BMA represented employee with his/her scheduled performance evaluat ion on the date as defined above shall advance the eligible employee five percent (5%) not to exceed the top of the range pursuant to section C.2 . and C.3. of this Article.
SECTION E. “Y” RATE
When an employee’s classification is lowered, such employee sha ll continue to receive the same rate of pay he/she was receiving at the time t he classification was lowered, along with any sal ary consideration within the new range to which he/she may be entitled in accord ance with the provisions of Sec tion C.2. of this Article. Additional increases may be approved by the Council if recommended by Article II - Salary and Compensation
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the City Manager. The rate of pay established under this sectio n shall be distinguished by the addition of the letter "Y". This designati on shall be removed when the rate of pay for the current classification has increas ed to an amount equal to or exceeding the "Y" rate.
SECTION F. PAY DATES
The City and the BMA agree that the pay dates shall be every ot her Thursday starting with the pay period beginning on December 16, 2007.
SECTION G. DIFFERENTIAL AND SHIFT PAY
The following classifications sh all receive a "differential pay " added to the ir base salary whenever the assignment, work week or certification of a ny employee consists of one of the following:
ASSIGNMENT AND DIFFERENTIALS
1. Public Works Supervisors regularly assigned to the sewer con struction and maintenance crew shall receiv e an additional five percent ( 5%) of their monthly salary when assig ned to the sewer construction an d maintenance crew.
1. Forestry Services Managers and Collection Systems Supervisors regularly assigned to the call-out crew s hall receive an additional ten percent (10%) of their monthly base salary while such persons are assigned to such call- out crew.
2. Any employees, who in the course of their duties, are assign ed to speak a second language shall receive a bilingual bonus. This language shall not be construed as to modify existing job specifications for those affected employees.
a. Individuals assigned to receive the bonus must have their pr oficiency in a second language evaluated through a standard method:
Full time employees shall receive a $100/month differential.
3. Traffic Signal Supervisors assigned to the Public Works Depa rtment Traffic Signal call-out crew shall receive an additional ten percent (10%) of their monthly base salary.
4. Second or third shift assignment. “Second shift” shall mean an eight or nine-hour (8/9) work period starting between the hours of 2:00 p.m. and 7:59 p.m. “Third shift” shall me an an eight or nine-hour (8/9) work period starting between the hours of 8:00 p.m. and 2:00 a.m. If such s hift assignments are created, employees shall receive shift differen tial equal to the subordinate positions which they supervise.
5. Manager Electrical Distribution shall receive an additional 6% added to base salary for 12kV gloving certification when trained/certified.
6. Building Inspectors II & III, Building Inspection Managers, Plan Check Engineers, Sr. Plan Check Engineers, Principal Plan Check Engin eers, and Plan Check Managers assigned or designated by the departmen t to Article II - Salary and Compensation
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perform services requiring a Certified Access Specialist (CASp) certification shall receive an additional ten percent (10%) of their monthly base salary.
7. Effective the beginning of the pay perio d following Council adoption, Electrical Engineers at BWP below the Classification of Principal Electrical Engineer will be employees specified in this section may be eligible for up to ato earn up to 5.257.875% differential of their base salary for any combination of the following differentialsby having earned :
a. both an Engineer Certification and Certification as a Projec t Management Professional (PMP). For each of the two certificates an employee possesses, he/she will receive pay of 2.625% of their base salary for a maximum of 5.25%. BWP Employees in the classifications of Principal Ele ctrical Engineer and above will b e eligible for the entire 5.25% dif ferential by having earned one o f either an Engineer Certification or Certification as a Project Management Professional (PMP). Professional Engineer (PE) Certification – 2.625%
Burbank Water & Power (BWP) and Public Works Department engineers who have taken and passed a California engineering proficiency exam and are regist ered with the State of Californi a will receive the differential.
b. Project Management Professional (PMP) Certification* – 2.625% BWP and Public Works Department employees who hold a PMP certification are eligible to receive the differential at the d iscretion of the department.
c. Lean Six Sigma Bl ack Belt* – 2.625%
BWP and Information Technology (IT) Department employees who have earned a Lean Six Sigma Black Belt are eligible to receive the differential at the discretion of the department.
d. Lean Six Sigma Green Belt* - 1.3125%
IT Department employees who have earned a Lean Six Sigma Green Belt are eligible to receive the differential at the discretion of the department.
e. SAFe Program Consultants* – 2.625%
IT Department employees who are SAFe Program Consultants are eligible to receive the differential at the discretion of the department. f. Agile Certified Pr actitioners* – 2.625%
IT Department employees who are Agile Certified Practitioners a re eligible to receive the differential at the discretion of the department.
*Note: except for the Professional E ngineer (PE) certification diffe rential, departments will have the sole discretion to grant or remove ea ch differential based on whether employees are actually using the certification in their work.
8. In recognition of the added re sponsibility of cleaning homeless camp sites on a regular basis and the potential exposure to hazardous substances as a result, the Public Works Supervisor in the Maintenance Section of the Public Article II - Salary and Compensation
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Works & Sanitation Division will receive a Hazard Premium of 5% of their base salary.
9. The Collections Systems Superv isor in the Wastewater Systems Division of Public Works will receive a Stand-By/Call-Out Pay differential of 12% of their base salary only when assigned to perform stand-by/call-out duty.
10. Effective the beginning of t he pay period following Council adoption, Collection Systems Supervisors will receive 1% of base salary f or each California Water Environmental Association (CWEA) grade level o btained above the first level in the Collection System Maintenance cert ificate program, not to exceed 3%.
11. Effective the beginning of the pay period following Council adoption, employees in the following titles who possess a current Certifi ed Public Accountant (CPA) license will receive 5% of base salary: Accoun ting and Audit Manager, Principal Account ant, Senior Utility Accounting Analyst, Financial Accounting Manager, Financial Planning and Risk Manag er, Principal Utility Accounting Analyst, and Financial Analyst.
SECTION H. WORKING OUT-OF-CLASS
1. OUT-OF-CLASS
It is the policy of the City to provide employees with working out-of-class (WOC) opportunities because of a temporary position vacancy. Pa yment will be effective beginning the first full day of working out o f class regardless of the length of assignment. Any person assigned to work out- of-class shall receive 7.50% of base salary or the bottom of the range of the WOC classification, whichever is greater. If 7.50% exceeds the top of the range, then it will be a flat 5.00% or top of th e WOC range whichever is greater. Existing permanent differential/fringes p rocessed on a Personnel Action Form (PAF) wi ll be added back onto the salary base in addition to any new differentials/fringes that may apply to the W O C position for all affected employees.
2. "CLASS" OR "CLASS OF POSITION" DEFINITION
A group of positions which is substantially so similar with res pect to difficulty, responsibility, and character of work as to require the same kind and amount of training and exper ience for proper performance an d to merit equal pay. The class specifications are to be considered descriptive and explanatory and not necessarily inclusive or exclusive.
3. WORKING OUT-OF-CLASSIFICATION DEFINITION
An employee who spends a majorit y of his/her time performing duties of a higher level which are not generally included in his or her cla ss specification.
4. EMPLOYEE DEVELOPMENT
Working out of class (“WOC”) applies if the Department Executiv e determines there is an employee development need that can be be st Article II - Salary and Compensation
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fulfilled by a WOC assignment.
5. DETERMINING WHETHER A VAC ANT POSITION SHOULD BE FILLED a. Department Executives will first determine whether the posit ion must be filled.
b. The Department Executive wi ll then determine whether the mor e responsible functions of the pos ition can be assumed by the nex t higher level.
c. The Department Executive will then determine whether the bal ance of duties may be dispersed to a number of other positions. d. If it is not possible or desirous to accommodate the work lo ad using items A, B, and C above, the Department Executive may
recommend that an employee be assigned to work out-of-class. e. If employees feel they are WO C they should discuss it with t heir immediate supervisor.
6. STANDARDS
a. Employees whose job specifications require that they act in the absence of the next level of supervision are not included under this Section unless the employee works out-of-class for 60 or more days within a calendar year. In this case, WOC payment shall begin on the 60
th day and be in accordance with
Article II, Section H.1.
b. Individuals who fill in on “N” days are excluded from workin g out-of- class.
c. Individuals who have had disc iplinary action imposed in the previous 12-month period, or whose last overall performance evaluation is less than satisfactory are excluded from WOC.
7. SELECTION CRITERIA
The Department Executive shall c onduct a written survey to iden tify interested individuals within the department for the vacant positions. When deciding to assign an employee to work out-of-class, the Depart ment Executive should consider several factors, including but not li mited to:
a. Individuals who are interested in the vacant position.
b. Individuals who have complet ed an Employee Development Plan (form available in the Citywide public folders) and have made measurable, substantial progress towards their stated short ter m and long-term goals.
c. The minimum qualifications for the vacant positions; and
Article II - Salary and Compensation
BMA MOU Page 11
d. Individuals that have taken training pertinent to the vacant position.
None of these factors should be deemed as required or qualifyin g, but should be strongly considered as factors when determining the best person to fill a WOC opportunity. If more than one individual is inter ested and exhibits, through the aforementioned factors, comparable readin ess to undertake the vacant position, the Department Executive shall m ake every effort to allow these interest ed individuals the opportunity for experience in the position or similar positions when they become vacant.
8. PROVISIONS
If the position vacancy will exceed 30 days, a Personnel Action Form shall be submitted to the Management Services Department for the empl oyee filling the position.
SECTION I. WORKING OUT-OF-CLASS APPEAL
1. If an employee feels that they are inappropriately WOC witho ut compensation, they may appeal the process or the decision up to and including the manager level in accordance with the grievance pr ocedure outlined in Article XIII. If the issue cannot be resolved at th e Department Executive level, the employee ma y petition the Management Servi ces Director or the Assistant City Manager in the case where the gr ievant is a Management Services Department Emp loyee, to review the issue an d make a final determination.
SECTION J. MILEAGE REIMBURSEMENT
1. Employees who are required to use a personal vehicle for per formance of their duties shall be reimbursed according to the Travel and Em ployee Expense Reimbursement Policy Administrative Procedure VI-5 and the Use of Personal Vehicles for City Business Administrative Procedure I-21 or the Internal Revenue Service mileage rate, whichever is higher.
2. Approved out-of-area travel shall be reimbursed according to the cost of most economical mode of transportation reasonably available.
Article III - Fringe Benefits
BMA MOU Page 12
ARTICLE III
FRINGE BENEFITS
SECTION A. §125 FLEXIBLE BENEFIT PLAN (CAFETERIA PLAN) CONTRIBUTION
1. The City shall make a monthly contribution to each eligible member of the unit to be used toward the §125 Flexible Benefit Plan. These funds shall only be used for eligible plans as provided in 26 USCS §125. Al l excess benefit dollars shall be added to each employee’s taxable earnings.
2. All employees must enroll in one of the PERS health program plans, unless they:
a. Submit to the City both proof of health coverage, and,
b. Sign a health insurance waiver.
c. Employees who fail to complete both requirements shall not b e allowed to utilize their
§125 Flexible Benefit Plan contributions for
any other eligible plans. Employ ees who meet both requirements shall be allowed to utilize their §125 Flexible Benefit Plan contributions for any of the eligible plans as provided in 26 U SCS § 125.
3. The definition of eligible employee for this article shall b e as follows:
a. Employees who regularly work 30 to 40 hours a week are defin ed as full-time employees.
b. Employees who regularly work 20 to less than 30 hours a week are defined as part-time employees.
SECTION B. CITY FRINGE BENEFIT CONTRIBUTION
1. The City will contribute the statutory minimum for employees and retirees under the Public Employees’ Medical & Hospital Care Act (PEMHCA).
2. Active full-time employees hired prior to April 1, 2006 will receive a base cafeteria amount of $553.19 per month. The PEMHCA minimum is included in the base cafeteria amount.
3. Active part-time employees hired prior to April 1, 2006 will receive a base cafeteria amount of $276.60 per month. The PEMHCA minimum is included in the base cafeteria amount.
4. Active full-time employees hir ed on or after April 1, 2006 will receive a base cafeteria amount of $300 per month. The PEMHCA minimum is included in the base cafeteria amount.
5. Active part-time employees h ired on or after April 1, 2006 will receive a base cafeteria amount of $150.00 per month. The PEMHCA minimum is included Article III - Fringe Benefits
BMA MOU Page 13
in the base cafeteria amount.
6. Effective January 1, 2008, these mM onthly contributions will be distributed to employees in equal amounts over the 26 pay perio ds throughout each year.
7. Effective the beginning of the pay period containing July 1, 20 22, tT he Professional Development amount of $20.19 will increase to $25.38 per pay period and will be included in the fringe benefit contribution as a separate line item.
8. In addition to the base cafeteria amount listed above, the C ity will make additional §125 contributions towards the cost of medical premiums for eligible employees as shown below. Contributions will be for pr emium costs only and will not exceed the premium cost or the total po tential allowance, whichever is lower. T he total potential monthly allowance shall not exceed the amounts shown below.
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-1922
FOR FULL-TIME EMPLOYEES HIRED PRIOR TO 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 553.19 $ 28108.81 $ 582662.00 2 PARTY $ 553.19 $ 609770.81 $ 1,1631,324.00
FAMILY $ 553.19 $ 9561,166.81 $ 1,5101,720.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-1922
FOR FULL-TIME EMPLOYEES HIRED ON OR AFTER 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 300.00 $ 282362.00 $ 582662.00
2 PARTY $ 300.00 $ 8631,024.00 $ 1,1631,324.00
FAMILY $ 300.00 $ 1,2101,420.00 $ 1,5101,720.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-2123
FOR FULL-TIME EMPLOYEES HIRED PRIOR TO 4-1-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 553.19 $ 66141.81 $ 620695.00 2 PARTY $ 553.19 $ 686836.81 $ 1,2401,390.00
FAMILY $ 553.19 $ 1,0561,251.81 $ 1,6101,805.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-2123
Article III - Fringe Benefits
BMA MOU Page 14
FOR FULL-TIME EMPLOYEES HIRED ON OR AFTER 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 300.00 $ 320395.00 $ 620695.00
2 PARTY $ 300.00 $ 9401,090.00 $ 1,2401,390.00
FAMILY $ 300.00 $ 1,3101,505.00 $ 1,6101,805.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-24
FOR FULL-TIME EMPLOYEES HIRED PRIOR TO 4-1-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 553.19 $ 176.81 $ 730.00 2 PARTY $ 553.19 $ 905.81 $ 1,459.00
FAMILY $ 553.19 $ 1,341.81 $ 1,895.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-24
FOR FULL-TIME EMPLOYEES HIRED ON OR AFTER 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 300.00 $ 430.00 $ 730.00
2 PARTY $ 300.00 $ 1,159.00 $ 1,459.00
FAMILY $ 300.00 $ 1,595.00 $ 1,895.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-1922
FOR PART-TIME EMPLOYEES HIRED PRIOR TO 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 276.60 $ 1454.40 $ 291331.00 2 PARTY $ 276.60 $ 305383.40 $ 582662.00
FAMILY $ 276.60 $ 478583.40 $ 755860.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-1922
FOR PART-TIME EMPLOYEES HIRED ON OR AFTER 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 150.00 $ 141181.00 $ 291331.00
2 PARTY $ 150.00 $ 432512.00 $ 582662.00
FAMILY $ 150.00 $ 605710.00 $ 755860.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-2123
Article III - Fringe Benefits
BMA MOU Page 15
FOR PART-TIME EMPLOYEES HIRED PRIOR TO 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 276.60 $ 3371.40 $ 310348.00 2 PARTY $ 276.60 $ 343418.40 $ 620695.00
FAMILY $ 276.60 $ 528626.40 $ 805903.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-2123
FOR PART-TIME EMPLOYEES HIRED ON OR AFTER 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 150.00 $ 160198.00 $ 310348.00
2 PARTY $ 150.00 $ 470545.00 $ 620695.00
FAMILY $ 150.00 $ 655753.00 $ 805903.00
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-24
FOR PART-TIME EMPLOYEES HIRED PRIOR TO 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 276.60 $ 88.40 $ 365
2 PARTY $ 276.60 $ 453.40 $ 730
FAMILY $ 276.60 $ 671.40 $ 948
BMA CAFETERIA/MEDICAL ALLOWANCES EFFECTIVE 12-01-24
FOR PART-TIME EMPLOYEES HIRED ON OR AFTER 04-01-06
PLAN OPTION CAFETERIA ADDITIONAL “UP
TO” MEDICAL
TOTAL
POTENTIAL
ALLOWANCE
1 PARTY $ 150.00 $ 215.00 $ 365
2 PARTY $ 150.00 $ 580.00 $ 730
FAMILY $ 150.00 $ 798.00 $ 948
9. City-Sponsored Vision Plan
For the purposes of this Article, a City-sponsored vision plan is defined as a vision plan for which the City pays employee only premiums (VSP vision coverage or a comparable plan). T he City will provide a City-sp onsored vision plan for full-time BMA-re presented employees. Enrollment into a City-sponsored vision plan for BM A-represented employees will b e voluntary. City-paid coverage is for the employee only. Additi onal vision coverage, in the same City-sponsored vision plan, for eligible dependents may be elected on a voluntary basis. Employees who elect to en roll dependents will be responsible for paying all dependent premiums.
Article III - Fringe Benefits
BMA MOU Page 16
BMA-Sponsored Vision Plan
The City will contribute up to t he one-party premium amount of a City- sponsored vision plan for each full-time BMA-represented employee who chooses not to enroll in a City-sponsored vision plan and instead is eligible to enroll and enrolls in the BMA-sponsored vision plan. The City’s “up to” vision contribution amount shall be used strictly for BMA visio n plan premiums. Under no circumstances will the City pay contributions, for the same employee, to both a City-sponsored vision plan and a BMA- sponsored vision plan. BMA will provide proof of enrollment to the City on a monthly basis. It is BMA’s responsibility that the proof of e nrollment provided to the City is an accurate list of BMA members who are enrolled in the BMA-sponsored vision plan . Proof of enrollment shall inc lude the monthly premium amount for each employee enrolled in the BMA- sponsored vision plan. Such proof of enrollment is required in order for the City to remit payment to BMA. F urther, continuat ion of the Cit y’s contribution is contingent on a minimum enrollment of 10 full-t ime employees in the BMA-sponsored vision plan. The City’s contribution shall permanently cease when enrollment i n the BMA sponsored vision p lan falls below 10. Enrollment will initially be is reviewed on December 1, 2017, but not sooner,monthly in order to determine if the requirement for minimum enrollment has been met. If enrollment is initially met, and then falls below 10 in any month after December 1, 2017, the City’s contribution shall cease, on-going, the first of the following month.
Waive Vision Coverage
There shall be no contribution amount provided to employees who choose to waive vision coverage for both the City-Sponsored vision plan and the BMA-sponsored vision plan.
10. The City will contribute up to $118 per month per employee towards cost of the dental insurance prem ium. Spouses and dependents wi ll be covered if economically feasible under the financial provisions of this Section.
11. The City shall provide benefit s of an Employee Assistance Program (EAP) at no premium cost to the affected employees, not to exceed $6. 25 per month for each employee.
12. The City shall provide long term and short termshort- t e r m disability insurance coverage for all employees, at no premium cost to emp loyees.
13. The City agrees to meet and confer with the BMA prior to ma king any changes in the Life insurance, Flexible Benefit Plan, Long Term Disability, Short Term Disability Plans or rates, or the provider of the EAP plan.
SECTION C. LIFE INSURANCE
1. AMOUNT
The City approved life insurance policy for employees represent ed by the Article III - Fringe Benefits
BMA MOU Page 17
Association shall be $50,000.
2. POLICY
This policy will carry an accidental death and dismemberment (A D&D) rider. The AD&D rider provides a benefit up to $52,000 subject to the terms and conditions of the policy.
3. ACCIDENTAL DEATH AND DISMEMBERMENT
In addition to the AD&D benefit provided in Article III Section C.2. above, the City will provide up to $50, 000 Accidental Death and Dismem berment insurance subject to the terms and conditions of the City’s pol icy. This benefit will be provided at no cost to the employees.
4. SUPPLEMENTAL LIFE
The City shall make available to all represented employees the option to purchase supplemental term life and accidental death and dismemberment insurance, at the employee's expense, subject to the insurance carrier's additional premiums, conditions and/or requ irements.
Optional coverage shall be in increments of $10,000. The option t o increase or decrease coverage shall be exercisable during open enrollment periods.
SECTION D. MEDICARE
All employees hired on or after April 1, 1986 , must be covered under Medicare.
All newly hired employees will have a deduction from their payc heck to cover the cost of Medicare. The deduction will be based on their gross sa lary. The deduction and salary requirements are determined by federal reg ulations. In the event that any or all of the provisions of Medicare are no long er applicable to local government due to legislat ion or judicial action(s), the benefit set forth in this section shall be declared null and void, and the City's re quirement to provide this benefit shall cease.
SECTION E. EDUCATIONAL TUITION REIMBURSEMENT
1. The City encourages and supports educational programs which provide employees opportunity for persona l career develop ment and direc tly benefits the City by increasing the technical and managerial co mpetency of its staff. Toward this end, the City offers seventy five per cent (75%) reimbursement per individual each year, not to exceed a cost to the City of more than $5,000.00. Reimbursable cost may include tuition, tex ts, certain material, and fees for courses which are directly related to th e employee's present position or promotion wit hin the City. The program will have an annual total BMA cap of $30,000 .00. This cap will be increased up to $5,000 annually (FY), should the $30,000 cap not be sufficient to cover the requests submitted pursuant t o the terms and conditions pro vided in this section for that fiscal year. For example; should $32,000 of Educational Tuition Reimbursement be submitted to the City in fiscal year 19-20 the cap will be increased to $32,000; if $47,000 of Education Tuition Reimbursement is subm itted to the City in fiscal year 20-21, th e cap will be increased to $37,000 and $5,000 will be added each subsequen t fiscal Article III - Fringe Benefits
BMA MOU Page 18
year when the amount submitted fo r reimbursement exceeds the ca p until the cap reaches $47,000. Carryover of unpaid expenses into subs equent years will be allowed. The entire program will be subject to ru les established by the City Manager.
2. PROCEDURE
a Prior to course enrollment, employees should prepare an "Afte r Hours Education Enrollment and Reimbursement Application" and forward it to their Department Executive.
b. The Department Executive determines whether the course is jo b- related or promotion-related. Courses taken to satisfy a degree requirement may be approved, provided that the degree goal is i n a field of interest to the City. The Department Executive will gi ve notice to the employee as to his/her decision by his/her approv al signature, or notation of disap proval on the application. In ei ther case, the application will be re turned to the employee. If appr oved, a copy of the form should be f orwarded immediately to the Management Services Department where the funds will be
encumbered, if the $30,000 cap (or whatever the cap is pursuant to the agreement in Section E.1.) has not been reached. If the cap has been reached, the employee will be asked to resubmit the request in the following year.
c. Upon completion of the course with a grade of "C" or better, t h e employee attaches the grade report, receipts for tuition, texts , materials, and fees, to the approved application and presents i t to the Management Services Department. A completion certificate may be substituted for a grade report in pass-fail or other non - graded courses.
d. The Management Services Department will process a
reimbursement to the employee by preparing a Check Payment Request and forwarding it to the Financial Services Department.
e. A copy of the record of the courses completed and the grades attained will be prepared by the Management Services Department - one copy to be placed in the employee's personnel record, and the other to be forwarded to his/her Department Executive.
3. Eligibility for this program is limited to all employees reg ularly employed for 30 or more hours per week.
4. Application forms are avail able from the Management Services Department or from the Department.
5. Applications for reimbursement will be accepted no later tha n three (3) months after the course grades have been distributed.
6. Reimbursement of 75% of the cost of materials will be limite d to materials Article III - Fringe Benefits
BMA MOU Page 19
used to complete course requirements on assigned projects, when these materials are not supplied or covered by a laboratory or materi als fee.
Materials or equipment such as d rafting instruments, tools, etc., which are retained by the employee following completion of the course wil l not be reimbursed nor will general supplies, such as pens, pencils, no tebooks, paper.
7. Denial of an application for tuition reimbursement shall be appealable to the Department Executive only.
Article IV - Retirement
BMA MOU Page 20
ARTICLE IV
RETIREMENT
SECTION A. PERS EMPLOYEE CONTRIBUTION
1. The City does not pay any por tion of the member contribution to the Public Employees’ Retirement Syst em (PERS). Each employee shall be responsible for paying the full member contribution required by PERS.
For employees identified by PER S as Classic Members (generally employees who are not “new member s’ as defined in Government Co de §7522.04(f)), the statutorily requ ired member contribution in e ffect at the time this MOU was adopted is 8%. State and federal income tax o n the PERS member contribution shall be deferred to the extent permit ted by Internal Revenue Code, 26 USC Section 4.14(h)(2).
As a result of and in accordance with the Public Employees’ Pen sion Reform Act (PEPRA), for employees identified by PERS as New Mem bers as defined in Government Code §7522.04(f), the statutorily requ ired member contribution is half the normal cost, which is 6.5% at t he time this MOU was adopted. The City shall not pay for any portion of the member contribution in accordance with Section 7522.30 (c) of t he California Government Code.
2. Each affected employee shall be obligated to contribute any increase in member contributions that should hereafter result from any state or federal enactment or action, which increases the total member contribut ion rate above its current level of 8% for Classic Members and 6.5% for New Members.
Each affected employee shall benef it from any decrease in membe r contributions that should hereafter result from any state or fe deral enactment or action, which decreases the total member contribut ion rate below its current level of 8% for Classic Members and 6.5% for New Members.
3. Cost Sharing. Effective the beginning of the pay period containing July 1, 2020, Classic Member employees will pay half the normal cost of their pensions, as determined annually by the CalPERS Actuarial Valua tion Report, with a total employee c ontribution cap of 9.14% of comp ensation earnable. This means that, effective July 1, 2020, Classic Member employees will contribute 1.14% of compensation earnable toward s the employer PERS contribution (cost share), which is separate from , and in addition to, the 8% employee contribution described in Article IV, Section A.2. above. Should the CalPERS Actuarial Valuation Report determine that half the normal cost of Classic Member pensions falls below the total employee contribution of 9.14%, the cost share contribution will be adjusted at that time. The total employee contribution, including any cost sharing, will continue to be in effect beyond expiration of this MOU. The City will Article IV - Retirement
BMA MOU Page 21
implement this section of this MO U by processing a PERS contrac t amendment for Cost Sharing, purs uant to Government Code Section 20516. As part of the PERS contract amendment process, PERS req uires BMA members, through secret bal lot, to approve the amendment to t h e PERS contract. If BMA members do not approve the PERS contract amendment, the City will implem ent the additional employee cont ribution set forth in this section as a post taxation deduction from the employees’ pay.
SECTION B. SURVIVORS BENEFITS
1. The retirement benefits shall include Fourth Level of 1959 S urvivor Benefits under Section 21382.4 of t he California Government Cod e and Post-Retirement Survivor Allowance to Continue After Remarriage under Section 21266 of the California Government Code. The cost of th is benefit will be paid by the employees. To the extent that the miscellan eous employees’ surplus, held at PERS, is available to abate the cos t payment, then this cost will be paid from such funds. Any amount in exce ss of the 2001-2002 rate not covered by the surplus will be paid by the e mployees.
The Fourth Level 1959 Survivor B enefit provides a monthly allowance to eligible survivors of members who are covered by this benefit p rogram and die before retirement. The Post-Retirement Survivor Allowan ce consists of a monthly allowance that automatically continues to an eligible survivor following the retiree’s death regardless of the retire ment option selected.
2. The Pre-Retirement Death Bene fit Option 2 was implemented at no cost to the Employees.
SECTION C. FINAL COMPENSATION
The retirement benefits for each employee identified by PERS as a Classic Member are calculated based upon the employee's highest one yea r's compensation, pursuant to the provisions of Section 20042 of th e California Government Code.
For employees who are identified by PERS as New Members, PEPRA mandates that the final compensation for each employee’s retirement bene fits be calculated based upon the employ ee’s highest thirty-six months compensation pursuant to the provisions of Section 7522.32 of the California Government Code. These criteria were not a subject of negotiation and are provided for informational purposes only.
SECTION D. RETIREMENT FORMULA
The City implemented the 2.5% at age 55 PERS formula effective June 15, 2008.
The employees and the City each contributed 2.4% of salary (tot al 4.8%) to pre- fund the contributions of the 2.5% at age 55 benefit which was credited towards the unfunded liability of the 2.5% at age 55 retirement benefit.
Article IV - Retirement
BMA MOU Page 22
Effective January 1, 2013, as a result of PEPRA, the City is ma ndated to provide employees identified by PERS as New Members (generally employee s who became PERS members on or after January 1, 2013) with a 2% @ 62 retirement plan in accordance with Section 7522.20 of the California Gover nment Code.
These criteria were not a subject of negotiation and are provid ed for informational purposes only.
SECTION E. RETIRED EMPLOYEES' MEDICAL TRUST
1. Effective, April 1, 2003, the City provided $20,000.00 to se t up a Retiree Medical Trust Coalition. In addition, the City set aside the su m of $2.4 million for three years’ worth of the monthly payments for the prospective retirees. The anticipated rates were $50.00 per month for FY 20 02-2003, $60.00 per month for FY 2003-2004 and $65.00 per month for FY 2 004 - 2005.
2. The parties agree that the employee and City will equally co ntribute to the Burbank Employees Retiree Medical Trust (BERMT) and the exa ct match amount will be subject to the negotiation process. The BE RMT contribution is $50 per pay period for the employee and the City.
SECTION F. RETIRED HEALTH SAVINGS
All remaining accrued leave that is eligible for payout for BMA represented employees will be deposited on a non- elective pre-tax basis in to an individual Vantage Care RHS account through ICMA Corporation upon separati on or retirement. The percent of leave deposited into the RHS account upon separation or retirement is subject to change based on a vote of the BMA m embership.
SECTION G. RETIRED EMPLOYEES MEDICAL INSURANCE
For all employees represented by the BMA who retire from the Ci ty of Burbank and continue participation in the Public Employees’ Medical and Hospital Care Act, Government Code §22750, as presently enacted or as may be subsequently amended, the City makes the employer contribution for post-reti rement health benefits required in Government Code §22892 as presently enacte d or as may be subsequently amended.
SECTION H. CONTRIBUTION FOR EMPLOYEES WHO RETIRED BETWEEN JUNE 29, 1992 AND DECEMBER 31, 2003
For BMA represented employees who retired between June 29, 1992 , and June 30, 2002, and for those who retired between July 1, 2002 and December 31, 2003, and chose not to participate in BERMT, the City will contribute a monthly payment to each such retiree an amount that is calculated by dividing $ 18,000 by 12 (months) by the number of such re tirees until fifteen (15) of s uch eligible retirees remain. Thereafter, the monthly payment to each retiree shall be $100.00 a month.
The retirees are solely responsible for the tax treatment of an y payments of such amounts to retirees.
SECTION HI. 457 PLAN- MATCHING FUNDS
The City will match employee contributions to the City’ 457 Def erred Article IV - Retirement
BMA MOU Page 23
Compensation Plan up to $75.00/month for employees identified by the Public Employee Retirement System ( PERS) as Classic Members . Effective the beginning of the pay period foll owing Council adoption, the Cit y will match employee contributions to the City’s 457 Deferred Compensation Plan up to 1.53% of base salary for employees identified by PERS as New Members as defined in Government Code §7522.04(f); the match replaces the current 457 match from the City of up to $75/month for New Members. Classic Members will c ontinue to receive the current 457 match from the City of up to $75/month.
Article V - Vacation and Holidays
BMA MOU Page 24
ARTICLE V
VACATION AND HOLIDAYS
SECTION A. VACATIONS
1. VACATION ACCRUAL
Due to the implementation of Universal Leave employees no longe r accrue Vacation Leave.
2. VACATIONS/TERMINA TION OF EMPLOYMENT
Upon resignation, death, or other termination of employment, al l Vacation Leave accrued to the employee s hall be granted and a cash settl ement shall be made at their regular rate of pay.
3. VACATION CASH OUT
Employees may be allowed to cash out accrued vacation at their “regular rate of pay” solely at the discretion of the Department Executive, subject to the cash-out provisions of Universal Leave as stated in Arti cle VI Section K.2 of this MOU. The tota l cash out of any combination of Vacation and/or Universal Leave shall not exceed 350 hours within the fi scal year, per Article VI Section K.2.
SECTION B. HOLIDAYS
HOLIDAYS SHALL BE:
1. Regular days off as provided in Section A of Article VIII.
2. LEGAL HOLIDAYS AS FOLLOWS:
January 1st, known as "New Year's Day"
Third Monday in January, known as "Martin Luther King Jr. Day" Third Monday in February, known as "Presidents Day"
Last Monday in May, known as "Memorial Day"
June 19th, known as “Juneteenth National Independence Day” July 4th, known as "Independence Day"
First Monday in September, known as "Labor Day"
November 11th, known as "Veterans Day"
Fourth Thursday in November, known as "Thanksgiving Day" Friday following the fourth Thursday in November, known as "Day after Thanksgiving"
December 25th, known as "Christmas Day"
Any such other days as may be authorized by resolution of the City Council.
a. If a legal holiday falls on a day on which an employee would normally work, those employees assigned t o a 9/80 work schedule shall be entitled to the day off with pay with no additional deduction o f vacation, management leave or in-lieu time used to compensate for the ninth holiday hour. If he or she works, they shall be e ntitled to additional compensation as provided in the rules on overtime Article V - Vacation and Holidays
BMA MOU Page 25
specified in Article VIII.
b. If any of the foregoing legal holidays fall on an employee's first or second day off (Saturday or Sunday) the nearest preceding or following working day, respectively, shall be the employee's da y off, and the employee shall be entitled to additional compensation a s provided in the rule on overtime if they work on such day. If a ny of the foregoing holidays are observed by the City on an employee' s 9/80 day off, this shall be grounds to adjust the holiday for s aid employee. Any such affected employee shall be entitled to adjus t their holiday day off to the nearest preceding or following wor king day. The specific day off chosen, to compensate for the employe e’s holiday day off, shall be agreed upon with their Department Executive.
Article VI - Sick Leave and Universal Leave
BMA MOU Page 26
ARTICLE VI
SICK LEAVE AND UNIVERSAL LEAVE
SECTION A. USE
Sick Leave shall not be considered as a right which an employee m a y u s e a t his/her discretion. Sick leave is intended to provide protectio n against loss of earnings due to illness or injury, illness in the immediate fam ily or for medical or dental appointments. If, after exhausting his or her industrial accident leave, it is medically probable that the employee shall be able to return to work, sick leave may be granted by a Department Executive if an employee is disa bled from a job incurred injury.
SECTION B. COMPENSATION AT RETIREMENT OR DEATH
1. If an employee with unused sick leave credit:
a. Dies, while employed by the City.
b. Resigns when eligible for ret irement under the City’s retire ment system.
c. Resigns to enter a City elective office without a break in c ontinuity of City service and serves in such office or other City employm ent until retired under the City's retirement system.
d. Is laid off because of the abolition of his/her position or employment or because of the absence of funds.
He or she or his or her estate shall be entitled to receive one-half (½) the value of his or her accrued sick leave. T he value of the sick leave will be determined by multiplying the employee’s last base salaryregular rate of pay by half as an employee by the number of accrued hours of sick leave at the time of their separation. Payment shall be made as soon as practicable follow ing the occurrence of any of the foregoing events.
SECTION C. SICK LEAVE-ACCRUAL
Due to the implementation of Uni versal Leave employees no longe r accrue sick leave.
SECTION D. SICK LEAVE USAGE
1. Sick leave may be used by an employee when sick, injured, or quarantined. Also, sick leave may be used on the occasion of an illness in the employee's family, where a need can be shown.
2. In computing compensation payable for sick leave, the compen sation paid shall be the amount the employee would earn during the sick lea ve period if working at their current regular rate of pay and work schedule without the inclusion of overtime earnings.
Article VI - Sick Leave and Universal Leave
BMA MOU Page 27
SECTION E. SICK LEAVE NOTICE
The employees shall notify their Department Executive and the d epartment either prior to, or within two (2) hours after the time set for beginn ing their daily duties, or as may be specified by the Department Executive.
SECTION F. SICK LEAVE-MEDICAL/DENTAL APPOINTMENTS
Sick leave may be used for medica l and dental a ppointments and examinations.
The employee shall notify his/her supervisor not later than the work day prior to that appointment except in the case of emergency.
SECTION G. SICK LEAVE-REVOKED
The City Manager shall revoke sick leave, if the employee or em ployee’s family members are not, in fact, sick or incapacitated from performing their duty, or if they have engaged in private or other public work while on such sick leave.
SECTION H. SICK LEAVE-MEDICAL DOCUMENTATION
When employees are absent more than five (5) consecutive work d ays, the employee upon their return to wor k shall submit a signed docume nt from their medical provider stating that t he absence was medically necessa ry, and any work restrictions, if applicable. If the employees are given w ork restrictions by their medical provider upon their return to work, the employ ee will be referred to the City of Burbank’s ADA Coordinator . .
SECTION I. SICK LEAVE-WITHOUT PAY
If employees have not recovered by the time they have exhausted their accumulated sick leave, upon appl ication the City Manager may g rant them a sick leave without pay. Such app lication shall not be unreasonably denied.
SECTION J. SICK LEAVE CONVERSION
On January 1 of each year, an employee may convert up to a maxi mum of 30 hours accumulated sick leave at fifty percent (50%) cash value for the sole purpose of reimbursing the employee for medical costs. This con version is subject to the following:
1. Only employees who have served a minimum of two (2) full-tim e continuous years of service shall be eligible.
2. Reimbursement shall be made only for medical and hospital co sts not otherwise covered by the City's m edical insurance plan which are incurred by the employees and any of their dependents covered by the Cit y's medical insurance program. Reim bursement shall not be made for any dental or medical costs not eligible for coverage by the City's medical insurance plan.
3. Employees are not eligible for this conversion policy unless they have in excess of 96 accumulated sick leave hours on the books as of th e date of the conversion; no employees may convert accumulated sick leave hours so as to drop their total accumu lated hours below 96 hours as o f January Article VI - Sick Leave and Universal Leave
BMA MOU Page 28
1 of each year.
4. An employee's request for reimbursement will not be consider ed other than during the month of January.
SECTION K. UNIVERSAL LEAVE
Effective January 11, 2009, Universal Leave was implemented and replaced the accrual of vacation, sick, floating holidays, and management le aves. All accrued vacation, sick, floating holidays, and management leave time on the books as of January 10, 2009 , remained on the books under existing usage and cash out policies.
Universal Leave will accrue as follows:
1. ACCRUAL
a. Effective the beginning o f the pay period following Council adoption, Hhours will accrue per pay period
at the following rate:
Less than 5 years of service: 5.923 hours
5 to 14 years of service: 7.461 hours
15 or more years of service: 9.0009.19 hours
30+ years of service: 9.92 hours
a.b. If an employee has more than 40 hours of leave without pay with in a pay period, they will not accrue any Universal Leave for that pay period.
b.c. Maximum accrual is 1040 hours at any time. Effective the b eginning of the pay period following Council adoption, the mMaximum accrual increases tois 1200 hours at any time. Once an employee reaches 1200 hours, Universal Leave will stop accruing until their bala nce falls below the 1200 hours. Note that all accruals outlined in 1. d. and e. of this Section count towards the 1200 -hour cap.
c.d. For those BMA employees not eligible for overtimeidentified with an asterisk in Exhibit A, an additional 40 Hours of Universal Leave will be added to their balances each year on the first pay period of the calendar year containing January 1st. In addition, a Department Executive may authorize up to an additional
40 hours of Universal leave on a calendar year basis for indivi duals not eligible for overtime. For BMA employees newly hired or initially promoted/transferred, or for any other reason that re sults in an employee entering into a BMA classification that is not eligible for overtime during the year, the following additional hours of Uni versal Leave will be granted:
Article VI - Sick Leave and Universal Leave
BMA MOU Page 29
HOURS REMAINING IN THE
CALENDAR YEAR
ADDITIONAL UNIVERSAL LEAVE
HOURS
2080 40 hours
1,820-2,079 35 hours
1,560-1,819 30 hours
1,300-1,559 25 hours
1,040-1,299 20 hours
780-1,039 15 hours
520-779 10 hour
260-519 5 hours
d.e. When an employee reaches completes their 5 th or 15 th year of service an
additional 40 hours of Universal Leave will be added to their balance on their anniversary date.
e.f. All additional accruals count towards the 1200- hour cap.
2. ANNUAL CASH OUT
a. An employee may cash out, at 100% value of the regular rate of pay, up to 350 500 hours at any time during the fiscal year. Effective June 28, 2020, the amount of hours an em ployee can cash out will be increased to 500 hours. This cash out is based on the following.
1. Total Universal and Vacati on leave balances combined does not fall below 250 160 hours. Effective the beginning of the pay period following Council adopt ion of the MOU, the minimum threshold will be decreased to 160 hours.
2. At least 80 hours of Universal and/or Vacation leaves (not including sick leave and/or donations) has been used in the last twelve (12) months (ca lculated using the rolling
backward method).
3. An employee must be a current BMA-represented employee to cash out Universal Leave. If an employee transfers into a non-BMA group position, Universal Leave hours may be
used, but are not eligible for the annual cash-out unless allowed for that new non-BMA position.
3. CASH OUT UPON TER MINATION/RETIREMENT
a. When an employee terminates or retires, the monetary equival ent of their unused total combined accrued Universal and Vacation leaves, at 50% value of the regular rate of pay , will be deposited into their RHS Plan pursuant to the Plan Agreement. The remaini ng 50% value of the regular rate of pay will be paid out to the employee. The combination of the RHS contribution and payou t is subject to membership vote periodically.
4. CASH OUT UPON DEATH OF EMPLOYEE
a. Upon the death of an employee, Universal Leave is to be paid t o Article VI - Sick Leave and Universal Leave
BMA MOU Page 30
the beneficiary at 100% of the value of the regular rate of pay indicated under 2. a. of this Section, above.
5. TIME BANK DONATIONS FOR CATASTROPHIC ILLNESSES
a. Universal Leave can be used to donate to another employee’s time bank as long as the donating empl oyee’s balance does not fall below 160 hours of total combined leave balances. Donated hours are not included as days/hours used for the purposes of annual cash out and do not count towards the 500 hours cash out limit per year.
6. SICK LEAVE CONVERSION
a. Each January, employees may convert up to 30 hours of total combined leave balances at the regular rate of pay to reimburse for eligible medical expenses under the same rules as the existing Sick Leave Conversion policy as long as the employee’s balance does not fall below 160 hours of total combined leave balances.
These hours are not included as days/hours used for the purposes of annual cash out and do not count towards the 500 hours cash out limit per year.
SECTION L. ELIGIBILITY OF LEAVE BALANCE TO DEFERRED COMPENSATION An employee may elect to defer i nto their deferred compensation account in the City of Burbank §457 Deferred Compensation Plan the monetary eq uivalent of their unused Universal Leave, sick, and vacation leave, up to 5 00 hours each year at the regular rate of pay, during the final three years of employment prior to their retirement. It is the understanding of the parties that t he use of sick leave for this purpose will be under the same conditions (paid at 50% of full value and employees must be at least 50 years of age) as when an employee i s compensated for unused sick leave upon retirement.
This agreement is subject to a ll limits and regulations governi ng a §457 plan as enforced by the Internal Revenue Service, including deferral limits and the timing of each deferral election form.
Article VII - Other Leaves of Absence
BMA MOU Page 31
ARTICLE VII
OTHER LEAVES OF ABSENCE
SECTION A. LEAVES OF ABSENCE WITHOUT PAY
The City Manager may grant a leave of absence without pay to an y employee, upon recommendation of the Departm ent Executive. The Department Executive may grant a leave of absence without pay for a maximum of eight een (18) hours.
An employee desiring a leave of absence without pay for more th an eighteen hours shall file a written reques t therefore on forms provided by the Management Services Department. The request shall state the title of his p osition and the name of the employing department, the beginning and ending dates of the desired leave of absence, and a full statement of the reasons supportin g the request.
The Department Executive’s approval of a leave of absence witho ut pay for a continuous period up to a maxi mum of eighteen (18) hours may be reported by noting on the time report.
SECTION B. LEAVE - DEATH IN FAMILY
An employee shall be entitled to take up to five days of bereavement leave absent himself from work with pay in the event of the death of a member of his/hertheir immediate family , provided a written leave request is filed . Pay shall be authorized for all or any por tion not to exceed three (3) da ys. The additional two days of bereavement leave may be taken as authorized unpaid leave or the employee may use their own accrued leave. of such leave provide d a written request for such pay is filed. Any absence in excess of three five (35) days shall be in accordance with the existing provisions. For purpose of t his Section the term "member of the immediate family" is limited to:
1. Any relative by blood or marriage who is a member of the emp loyee's household; and parents, step- parents, spouse, registered domestic partner, children, step-children, brother, sister, grandparents , grandchildren, great grandparen t, great grandchild, son/daughte r-in-law, father/mother-in-law, sister/br other-in-law, grandfather/grandm other-in-law or responsible guardian or person who has acted in that capacit y, regardless of place of residence.
SECTION C. JURY AND SUBPOENA LEAVE
1. Employees in a pay status ordered to perform jury service or subpoenaed to court or any legislative body shall be entitled to leave of absence with pay for the entire day for each day served, and without deducti on from leave, at an amount equal to the employee's regular daily earnings. In the case of subpoena leave above, t he employees are eligible if the appearance time occurs during t heir normal working hours, and t hey are not a party to the suit.
2. The term regular earnings in (1) above means full pay for re gularly scheduled work, which the employees would have received had the y not been called to jury service o r subpoenaed, including schedule d ifferentials that would have resulted from regularly scheduled work.
Article VII - Other Leaves of Absence
BMA MOU Page 32
3. All time spent on jury duty or subpoena leave must be accoun ted for by the employees. If employees are e xcused from jury service or su bpoena on a normal workday, they are ex pected to report for work. Emp loyees Article VII - Other Leaves of Absence
BMA MOU Page 33
must account to their departments for any time off for illness or other reasons, while on jury duty or subpoena leave.
4. Upon completion of jury service or subpoenaed time, the empl oyees upon receipt, shall submit to the City the warrant for jury fees, wi tness fees and/or mileage and a copy of the court report of jury time serv ed. When employees are served with a subpoena, the employees shall reque st witness fees. The employees shall retain or be reimbursed the a mount paid by the court for mileage and jury fees representing jury s ervice performed by the employees on their regular day off.
SECTION D. EMERGENCY LEAVE
Notwithstanding any other leave provision, an employee may be e xcused from work without loss of pay for emergencies or special circumstanc es not covered by this Article. Such leave of absence may be granted by the De partment Executive for not to exceed one (1) day. For longer periods of time, approval of the City Manager is required. Emergency leave may be granted to employees in instances where actual or pot ential damage to an employee's per sonal residential property or personal belongings due to natural disa sters or civil disorders requires the employee' s presence to protect, salvage or restore his property to a safe condition.
SECTION E. RELIGIOUS SERVICES
Any employee who desires leave from work to attend religious se rvices may be excused by the Executive, or the City Manager, for not to excee d three (3) hours per fiscal year. This absence shall be leave without pay unless the employee chooses to use accrued vacation or in-lieu time or paid managem ent leave time.
Unless the services of employees are required by public necessi ty or convenience, they shall be allowed to absent themselves as herein provided.
SECTION F. MILITARY LEAVE OF ABSENCE
Employees may be absent on military leave as authorized in Sections 395 through 395.8 of the Military and Veterans Code of California. An emplo yee shall receive their City pay for a maximum of thirty (30) calendar days each fiscal year as authorized in Sections 395 through 395.8 of the Military and Ve terans Code of California. The thirty (30) calendar days shall be those shown on the official orders. An employee may be absent on unpaid military leave beyo nd the thirty (30) calendar days pursuant to sa id Code. The employees shall f urnish to the City Manager satisfactory proof o f their orders to report for d uty and of their actual service pursuant to suc h orders. They shall be returned to City service thereafter as provided in said Code.
SECTION G. MANAGEMENT LEAVE
1. MANAGEMENT LEAVE ACCRUAL
Due to the implementation of Universal Leave employees no longe r accrue Management Leave.
2. MANAGEMENT LEAVE USAGE
a. The employee is not required to state any reason for utilizi ng Article VII - Other Leaves of Absence
BMA MOU Page 34
management leave.
b. Management leave shall be granted only upon prior request an d approval of the division head and/or Department Executive.
c. Management leave may only be denied if:
1. In the opinion of the supervisor, too many employees request the same day off.
2. In the case of a City emergency.
SECTION H. ELECTION LEAVE
1. Employees registered to vote in a local, state or county ele ction will be given time off to vote only if they do not have enough time to vote before reporting for work or after finishing work.
2. The employees requiring time off to vote shall notify their Department Executive via their supervisor at least one (1) working day bef ore the election. The reason shall be stated.
3. Whether the time off is at t he beginning or end of the working shift depends on whichever allows the employee the most free time for voting and the least time off from his/her regular working shift.
4. Employees who take time off to vote will be paid for no more than two (2) hours of regular working time.
SECTION I. INDUSTRIAL ACCIDENT LEAVE
1. ACCIDENTS IN THE LINE OF DUTY
If employees are compelled to be absent from duty due to any in jury or disease which comes under the State of California Workers’ Compensation Insurance and Safety Act, they shall receive compe nsation from the City for each such accident as follows: During the first twenty- six (26) calendar weeks of such absence, they shall receive compens ation equivalent to their normal gross salary. They shall receive com pensation in accordance with and under the provisions of the Workers' Compensation Insurance and Safety Act. They shall be entitled t o all of Universal Leave, sick leave or v acation benefits while they are receiving temporary disability indemnity under the provisions of the Work ers' Compensation Insurance and Safety Act.
2. At the conclusion of the twenty -six week (26) period as referenced above, they may at the discretion of t he City Manager, be permitted to take as much of their accumulated Universal Leave, sick leave or vacati on, when added to their temporary disability indemnity will result in th e payment to them, not to exceed 100% of normal gross salary.
3. Normal Gross Salary shall in clude differential pay to which the employees would have otherwise been entitled, however it shall not includ e any Article VII - Other Leaves of Absence
BMA MOU Page 35
overtime pay.
4. During the life of this contract the parties agree to form a joint labor/management committee to study Workers’ Compensation reform.
SECTION J. LIMITED DUTY ASSIGNMENTS FOR EMPLOYEES RETURNING TO
WORK AFTER NON-INDUSTRIAL ACCIDENTS OR INJURIES
Limited duty assignments for em ployees returning to work after non-industrial accidents or injuries will be subject to the City’s Return to W ork After Non- Industrial Accident or Injury Administrative Procedure II-51.
SECTION K. SENIORITY STATUS WHILE ON LEAVE
Industrial Accident or Illness leave will not constitute a break in service.
SECTION L. PERMANENT INJURY - OCCUPATIONALLY DISABLED EMPLOYEES Employees who cannot return to their positions based on a quali fying disability will be subject to the City’s Reasonable Accommodation Administrative Procedure II-54.
SECTION M. EXPIRATION OF LEAVES
1. RETURN AT E XPIRATION OF LEAVE
Upon the expiration of any leave, other than a military leave, the employee shall be returned to the same class of position or to any posit ion to which he had been eligible to transfer at the time his leave of absen ce was granted.
SECTION N. UNAUTHORIZED ABSENCE
Absence without prior approval for not less than one (1) day or more than four (4) days during any calendar year s hall be sufficient grounds for s uspension without pay; absence without prior approval for five (5) days or more d uring any calendar year shall be sufficient grounds for dismissal.
SECTION O. FAMILY MEDICAL LEAVE
Employees needing Family Medical Leave will be subject to the City’s Administrative Procedure II-23 regarding Maternity Leave, and Administrative P rocedure II-31 regarding Family Care and Medical Leave.
SECTION P. PARENTAL LEAVE
Effective no later than the beg inning of the third full pay per iod following Council adoption, the City sha ll provide six weeks of paid parental lea ve, as set forth in the City’s policy regarding Paid Parental Leave.
Article VIII – Hours of Work and Overtime
BMA MOU Page 36
ARTICLE VIII
HOURS OF WORK AND OVERTIME
SECTION A. HOURS OF WORK - FULL TIME EMPLOYEES
Where there is implemented a 9/80 work schedule, nine (9) hours of work shall constitute a work day. For the purposes of clarifying this sect ion, a 9/80 work schedule comprises completing eighty (80) hours of work within nine (9) working days, eight of which are of (9) hours duration with a remaining day being of (8) hours duration and with the tenth day off. The work week shall consist of seven (7) consecutive work days, split on the employee's 9/80 day off (for accounting and FLSA purposes only) including two (2) consecutive days off. Every other week, employees on a 9/80 work schedule shall enjoy have a third day off.
Otherwise, for the purpose of t hose working a 5/40 work schedul e, the work week shall begin on Monday with Saturday as the first day off a nd Sunday the second day off.
The City Manager may only authorize deviations from the work week, to include:
1. A work week beginning other than on Monday the last three (3 ) days of which shall be considered as the "first day off", "second day o ff", and "third day off" respectively.
2. A work week beginning on Monday or any other day of the week depending upon shift assignment.
3. Such additional hours, including work on holidays, as may be required by public necessity or convenience.
4. Employees will not be charged any time for a legal holiday w hich occurs on their 9- hour workday.
SECTION B. REST PERIODS
Employees shall be entitled to rest periods consisting of fifte en (15) minutes for every regular four (4) hour wor k period. Variations in rest per iods may be permitted when a Department Execu tive, supervisor, and employee mutually agree, provided the variations are not in conflict with operational requirements, or other provisions of this Agreement.
SECTION C. OVERTIME PAY
For titles specified as part of the BMA Supervisory/Professiona l Unit in Exhibit A, the following provisions apply. Employees shall be compensated for overtime work at the rate of one and one-half (1 ½) times their regular rate of pay.
Any work performed on a Sunday shall be paid at two (2) times t he hourly regular rate of pay.
1. DEFINITION OF OVERTIME WORK
Overtime work is work performed by employees at times other tha n those normally required for their employment, except as follows:
a. Part-Time Personnel
Article VIII – Hours of Work and Overtime
BMA MOU Page 37
Overtime for part-time personnel is work in excess of forty (40 ) hours per week, or work on holidays.
2. OVERTIME PAY - MINIMUM PAYMENT
a The following overtime payment provisions shall be applicable t o any manager supervising IBEW represented positions:
(1) Double time for continuous operations.
(2) Double time for work on Sunday or for work between 2200 and 0500 hours.
(3) Two - hour minimum pay at double time for call backs of two hours or less.
(4) Compensation and conditions for meals shall be according to the provisions of the MOU between the City and the IBEW.
b. The following overtime payment provisions shall be applicabl e to all other BMA represented managers:
(1) Double time for work on Sunday.
(2) Four - hour minimum pay at time and one half for call backs.
(3) Compensation and conditions for meals shall be according to the provisions of the MOU between the City and the BCEA.
3. TIME OFF WITH PAY IN-LIEU OF OVERTIME
The Department Executive may, with consent of the employee, aut horize time off with pay in lieu of overtime pay. Time off with pay sh all be given for a period equal to the minimum payments defined in 2 A and B.
4. IN-LIEU ACCUMULATION
Employees shall not be permitted to accumulate in-lieu time in excess of a total of 240 hours.
5. TERMINATION O F EMPLOYMENT
Any employees who tender their written resignation from the ser vice of the City, or who is laid off for lack of work or funds, or who with draw from active service of the City with a retirement allowance granted under the provisions of the Public Employ ees' Retirement Law or who have performed compensable overtime work and who upon the effective date of such resignation, layoff or retirement have not been compensated for such work by payment or time off in lieu of pay, shall be paid for a ll such overtime work on the basis of t he salary being received by them a t t h e time of termination of their empl oyment, unless such overtime was worked in violation of Subsection 3, abo ve. In the case of any employe es whose service to the City is terminated by their death, such payment may be made to the person who would be entitled thereto by law, upon w ritten Article VIII – Hours of Work and Overtime
BMA MOU Page 38
application by such person and approval thereof by the City Manager.
SECTION D. OTHER PAY FOR HOURS WORKED
1. OVERTIME PAY FOR ASSI STANT FIRE MARSHAL
Effective the beginning of the pay period following Council ado ption, at the discretion of the Fire Chief, the Assistant Fire Marshal may be eligible for the overtime rate of one and one-half (1½) times their regular rate of pay when it is reimbursable to the City from an outside source and/or under extraordinary operational circumstances.
2. PREMIUM PAY FOR EL ECTRICAL ENGINEERS
Effective the beginning of the pay period following Council adoption, subject to pre-approval from their supervisor, BWP employees in the classification of Electrical Engineer may earn thei r regular rate of pay for each hour worked at times other than those normally required for their employment.
SECTION DE. ATTENDANCE
Employees shall be in attendance at their work during the regul ar hours of work and shall not absent themselves during working hours for any re ason without the prior approval of the Department Executive.
Article IX - Probationary Period - Civil Service Employees BMA MOU Page 39
ARTICLE IX
PROBATIONARY PERIOD - CIVIL SERVICE EMPLOYEES
SECTION A. PURPOSE OF PROBATION
The probationary period shall be regarded as part of the testin g process and shall be utilized for closely obs erving the employee's work, fo r securing the most effective adjustment of new employees to their new positions, a nd for rejecting any probationary employee whose performance does not meet the r equired standards of work.
SECTION B. ONE YEAR PERIOD
Probationary periods shall be for twelve (12) months unless oth erwise provided in this agreement.
SECTION C. EXTENSION OF PROBATION
1. When the Department Executive to which any affected employee s are assigned reasonably concludes that extension of the employee's probationary period will improve the performance of the employe e, the Department Executive may recomm end extension of the employee's probationary period for up to six (6) months in two-month increments.
2. If the employees have successfully completed probation excep t for obtaining a special required cert ificate or license needed to p erform the work, the Department Executive may extend the probation period, solely for the purpose of allowing the employees to obtain this certif icate or license. When such license or certificate is obtained by the em ployees, they shall automatically pass pr obation. Extensions shall not e xceed 12 months.
SECTION D. TERMINATION OF APPOINTMENT
Probationary employees do not have property or vested rights in their position with the City. A probationary employee may be discharged or rej ected at any time by the appointing power wi thout cause and without right of appeal.
Notification in writing of discharge or rejection shall be serv ed on the probationary employee and a copy shall be filed with the Manage ment Services Director.
SECTION E. REINSTATEMENT OF REJE CTED PROBATIONARY EMPLOYEE TO
FORMER POSITION
Employees rejected during the pr obationary period from a positi on to which they have been promoted, shall be reinstated to the position from wh ich they were promoted, unless charges are f iled and they are discharged as p rovided in this Article and the Civil Service Rules.
SECTION F. DISPLACEMENT BY REINSTATEMENT OF ANOTHER TO THEIR
FORMER POSITION
Article IX - Probationary Period - Civil Service Employees BMA MOU Page 40
Any employee, though they may have attained permanent status an d are displaced as a result of another employee being returned to the ir former position under Section E above or under this Section, shall likewise be reinstated to their former position. If employees s o affected have permanent status but no former position, they shall be placed on the appropriate layoff list.
Article X - Layoff, Displacement and Recall for Civil Service Employees BMA MOU Page 41
ARTICLE X
LAYOFF, DISPLACEMENT AND RECALL
FOR CIVIL SERVICE EMPLOYEES
SECTION A. PURPOSE
The purpose of this Article is to provide a fair and equitable basis for the reduction of personnel when this becomes necessary in a department or in the total work force. In such circumstances, the City will make every effort t o assist those employees who may be subject to layoff due to lack of work or s imilarly compelling reason. A ssistance will be made available through ut ilizing existing vacancies to the fullest extent possible to relocate affected employees. In addition, contacts will be made with other employers to refer those emplo yees who are unable to be placed in other City vacancies.
SECTION B. SENIORITY
1. Seniority is defined as the status attained by the length of Civil Service in employment for the City of Burbank.
2. Seniority shall accrue based on the present date of Civil Se rvice employment. When an employee voluntarily terminates for any rea son, except layoff, seniority shall cease and not be reinstated in t he event of reemployment. Seniority shall be reinstated in the case of layo ffs where the employee is recalled within three years of date of layoff. Such seniority shall include credits for prior time worked only and will not include any time while on layoff.
3. Seniority shall be implemented in accordance with the provis ions as set forth in Sections C and D below of this Article.
SECTION C. LAYOFF
1. Layoff of employees shall be determined by length of Civil S ervice with the City using the present date of hire except as otherwise provide d in this Article.
2. Except as outlined below in Section D-3, layoffs should be a ffected within departments and general displacement of employees across depart mental lines shall not be permitted.
3. Employees with unique skills or body of knowledge for the pe rformance of their duties as determined by the Department Executive with the concurrence of the City Manager may be retained out of their se niority with the City as long as such employees have a minimum of two ( 2) years total employment. There shall be a limit of ten (10) employees, City wide, who may be designated under this paragraph during any given lay off.
Standards for defining retention of such employees shall be limited to:
a) Special schooling provided or required by the City for emplo yees following their initial employ ment to fill a unique position or meet a Article X - Layoff, Displacement and Recall for Civil Service Employees BMA MOU Page 42
specific program need where the schooling lasts for six (6) mon ths or longer.
b) Special experience provided or required by the City for a un ique position or special program need where the experience requires at least one (1) year of training on the job.
c) Possession of a unique craft, artistic endeavor or professio nal level skill not available in other City employees.
4. Employees who have been previously appoi nted to provisional status in a higher classification at time of layoff considerations shall re vert back to their permanent classification for purposes of determining their layoff.
5. Employees in a probationary status as a result of a promotio n within the Civil Service System cannot displace permanent employees in the same classification at time of layoff.
6. Employees may voluntarily request layoff in lieu of reassign ment should their seniority be sufficient to be retained on the payroll.
7. Employees on layoff shall be recalled to their previous classification based on the minimum qualification requ irements which existed at the time of their layoff.
8. Exempt employees shall have no rights relative to layoff or reassignment except the employees who at some time, during the same period o f employment, served in a position under the Civil Service System and shall have the right to return to the System under the provisions of B.M.C. 2-513, provided time spent in the exempt position shall not be accrued toward Civil Service seniority.
SECTION D. DISPLACEMENT
1. Except as stated in items 3 of this section below, an employ ee whose position has been eliminated shall be permitted, in total senio rity order within the respective job classifi cation, to transfer to a late ral or lower classification within the employee's department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from t heir present date of hire. On taking a lower classification, the employee sh all be paid at the highest rate of the lower classification which is not great er than the rate earned prior to the displacement.
2. In such instances as outlined in subsection 1 immediately ab ove, employees must meet the minimum qualifications of the newly ass igned position.
3. Employees displaced from a j ob because the positions have been deleted Article X - Layoff, Displacement and Recall for Civil Service Employees BMA MOU Page 43
or replaced by higher classified employees with more seniority, shall be eligible to transfer to the same or lower title in another depa rtment, where the employees last served prior to their current assignment, if:
a. they served in that title and in that department where a vac ancy or employees with lesser seniority exist, and
b. the Department Executive of the department to which the tran sfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, or Management Services Department.
4. Employees who are reduced in classification shall be returne d to their previous higher classification and department when vacancies oc cur within a three-year period of the reduction. Such return will n ot require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status befor e the demotion occurred shall be applied toward permanent status.
5. Employees in a provisional st atus in a higher classification shall be returned to their permanent classification prior to layoff in o rder to determine their availability for displacement or reassignment.
6. Where three (3) or more empl oyees exist in a classification within a department, the department shall not be required to lose more t han fifty (50) percent of its employees in any given classification throu gh displacement by higher classified, longer seniority employees.
7. Employees with grea ter seniority than other employees in the s a m e classification and department may request voluntary transfer or demotion to another position under the provisions of Civil Service Rule IX, paragraph 1.B.
8. A part-time employee may displace another part-time employee only under the provisions which apply to full-time employees.
9. A full-time employee may disp lace a part-time employee with lesser seniority only if the latter is in a position budgeted for thir ty (30) hours per week or more.
10. Employees designated by the City as managers may or may not be reduced to a lower classification which would result in the employees h aving to work for another employee whom they formerly supervised when in a management position.
11. As used in this Article, "higher classification" or similar phrases are synonymous and interchangeable.
Article X - Layoff, Displacement and Recall for Civil Service Employees BMA MOU Page 44
SECTION E. PROCEDURE
Departments anticipating a possi ble reduction in staff shall no tify the City Manager and the Management Services Director as soon as possibl e in order for appropriate action to be taken.
1. An immediate determination should be made as to which positi ons will be involved and the number of employees to be affected.
2. The Management Services Director shall determine what openin gs exist in the same and other departments so that affected employees may b e considered for transfer prior to layoff.
3. Employees to be affected by a layoff will be given written n otice thirty (30) calendar days in advance. Those employees who are not displaced to a lateral or lower classification in accordance with the rules of this Article, will be placed on paid Administrative Leave for thirty (30) day s upon receipt of this layoff notice. The thirty (30) days is intended to provide the employee time to deal with transit ional activities. In addition , the City will pay the remainder of the employee’s portion of the Retiree Medi cal Trust, up to $3,480 for employees subject to layoff (not displacement).
4. Efforts will begin immediately to relocate affected employee s into Comparable positions of responsi bility and pay or lower rated p ositions where practicable as outlined in Section D of this Article. Fir st priority for filling open positions will be given to affected employees as o pposed to other employees or job applicants under consideration.
SECTION F. RECALL
The Management Services Director, upon approval of the City Man ager, will establish and make available to affected employees a Recall Lis t, showing all employees on demotion or layoff status along with the date of a ppointment. In utilizing the list, the following shall apply:
1. Persons on the Recall List shall have absolute rights over r egular employment, transfer or reinstatement lists.
2. Names shall be listed in the inverse order of their layoff o r demotion according to seniority. Employees shall be recalled to their la st classification or lower classified position in any department o f the City should they be the most senior on the recall list or lists for the positions available. Should a lower classified position first become avai lable and no recall list exists for such position, then the most senior empl oyee on the recall list for the next higher classified position shall be re called in accordance with Subsection 3 of this Section.
3. Employees on the Recall List will hold reinstatement rights for a period of three years from date of layoff and be considered for openings as they arise.
4. Upon reinstatement, the employees will receive their old sal ary level or, if Article X - Layoff, Displacement and Recall for Civil Service Employees BMA MOU Page 45
in a lower classification, the level nearest to, but not exceed ing the old classification. In addition, if recalled within three years of layoff, previous seniority will be reinstated less any time spent on layoff.
5. If employees are recalled from layoff and have been (1) serv ing in a probationary status and (2) never in a permanent status in the Civil Service System, then their past seniorit y shall not be reinstated for p urposes of satisfying the probationary period unless recalled to the forme r position within six (6) months following the layoff.
6. Employees on layoff status s hall be responsible for keeping the City's Management Services Department aware of the most current address and telephone number for purposes of contact at time of recall. Abs ences from the home for over one (1) week should also be reported if the employees on layoff desire to safeguard against being passed over should notice of recall be given. On notifying employees of recall, th e City of Burbank shall send notice by certified mail and the employees s hall have five (5) calendar days to respond from receipt of such notice. Where the employees fail to respond, the City shall contact the next most senior employee on the Recall List, and the same procedures shall appl y. Failure of employees to respond to notices sent as a result of three (3 ) opportunities during the permitt ed recall period shall cause re moval of their names from said list. In a ddition, employees must be avai lable to return to work within two (2) weeks of receiving the above stat ed notification.
SECTION G. BENEFIT CONSIDERATIONS
1. For layoffs under thirty (30) days, all benefits will be ret ained except for pro rata reduction in the retirement plan and reduction of seniority for days on layoffs.
2. For layoffs of thirty (30) days up to three years, there is no accrual of seniority, Universal Leave, vacation, sick leave or other benef its for the period of the layoff. Universal L eave, sick leave and vacation benefits not previously paid to the employees at the time of layoff shall be paid at the end of the first month of layoff unless at the time of layoff, employees elect to leave all Universal Leave, sick leave and vacation credits o n account and have such credits reinstated upon recall. If the employees elect to leave all Universal leave, sick leave and vacation credits on a ccounts, such employees, or their heirs, representatives or assigns, may , at any time within three (3) years after the effective date of such em ployee's layoff, demand payment for such benefits in such sum or sums as would otherwise have been payable at time of layoff, without interest . The City shall have up to thirty (30) days to make such payment after ti me of demand. Failure to demand such payment during such three year p eriod shall constitute a waiver thereo f. Payments of the cash value o f accrued Universal Leave, sick leave and vacation credits shall terminat e all further obligation by the City to reinstate such past credits should th e employees be returned to work.
Article X - Layoff, Displacement and Recall for Civil Service Employees BMA MOU Page 46
3. For layoffs of three years or more, recall privileges cease at three years.
4. Employees recalled following a layoff shall be entitled to r eceive at least the same level of benefits which they were receiving at the tim e the layoff occurred, provided, however, any reduction or increase in benef its for all affected employees during the layoff period shall apply to the recalled employees.
Article XI - Contracting Out
BMA MOU Page 47
ARTICLE XI
CONTRACTING OUT
SECTION A. CONTRACTING OUT
1. The City shall meet and confer with the BMA on the impact of proposed contracting out.
2. All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultat ion. The City, through its representatives, shall consult in good faith with representatives of the BMA on employer-employee relations matte rs which affect them.
3. Except in case of emergency, reasonable written notice shall be given to the BMA of any amendment to any ordinance, rule, resolution or regulation directly relating to matters within the scope of rep resentation proposed to be adopted by the Council or approved by any board or commission of the City, and the BMA shall be given the opportun ity to meet with the City prior to adoption or approval. In cases of e mergency when the City or any board or commission of the City determines that an ordinance, rule, resolution or regulation must be adopted immed iately without prior notice or meeting with the BMA, the City or the b oard or commission of the City shall pr ovide such notice and opportunit y to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Advance notice on matters subje ct to consultation, but outside the scope of representation is not ma ndatory but desirable.
The BMA President will respond to issues of contracting out wit hin fifteen (15) working days of receipt of notification except that during the absence of the President notice will be given to the Vice President who will respond within fifteen (15) working days.
Article XII - Non-Discrimination
BMA MOU Page 48
ARTICLE XII
NON-DISCRIMINATION
SECTION A. NON-DISCRIMINATION
The City and BMA will not discriminate in the treatment of an e mployee on the basis of race, color, religion, sex, political party or activit y, national origin, sexual preference, age, marital status, disability, Association activity or membership.
Article XIII - Grievance Procedure
BMA MOU Page 49
ARTICLE XIII
GRIEVANCE PROCEDURE
SECTION A. DEFINITION
A grievance is a dispute or alleged violation involving the mea ning, interpretation, application or alleged violation of the provisions of the MOU o r other City rule or practice governing wages, hours or working conditions. A grieva nce may be raised by an individual, a group of employees or by the Associa tion.
Representation by the Association and/or other representative a t any step of this procedure may not be denied.
SECTION B. PROCEDURE
1. IMMEDIATE SUPERVISOR
A grievance must initially be pr esented verbally to an immediat e supervisor within 20 working days of the time the grievant beco mes aware of the occurrence of the event which is the basis of the grieva nce. The word “grievant” hereafter refers to the individual employee, th e group of employees or the Association who presents the grievance . The immediate supervisor shall thereafter meet with the grievant and attempt to resolve the matter.
2. DIVISION MANAGER
If the grievance is not resolved by the immediate supervisor, t he grievant may file a written appeal with t he grievant’s Division Manager, to be submitted within 10 working days of receipt of the decision of the immediate supervisor. The written grievance shall set forth (a ) the facts, (b) applicable MOU provisions, rules or practices, (c) exhibits and (d) requested remedy.
The Division Manager shall thereafter meet with the grievant an d attempt to resolve the matter. The Division Manager shall provide a written decision to the grievant, within 10 working days of the meeting.
3. DEPARTMENT EXECUTIVE
If the grievance is not resolved by the Division Manager, the g rievant may file a written appeal with the gr ievant’s Department Executive, to be submitted within 10 working days of receipt of the decision of the Division Manager.
The Department Executive shall t hereafter meet with the grievan t and attempt to resolve t he matter. The Department Executive shall p rovide a written decision to the grievant within 10 working days of the meeting.
4. ARBITRATION
If the grievance is not resolved by the Department Executive, t he grievant Article XIII - Grievance Procedure
BMA MOU Page 50
may file an appeal to arbitration with the Management Services Department, to be submitted with in 15 working days of receipt o f the decision of the Department Executive. The arbitration shall be governed by the Rules and Procedures provided for in Exhibit F.
The grievant and the City may agree upon an arbitrator to hear the grievance. In the event the parties cannot agree upon an arbitr ator they shall request a list of seven (7 ) arbitrators from the Californ ia State Mediation and Conciliation Service within 10 working days after receipt of the written submission to arbitration and shall thereafter sele ct an arbitrator from that list or any subsequent list. If the partie s cannot agree upon an arbitrator, they will alternately strike names from the list until one name remains. The City shall st rike the first name from the list.
If either the City or the grievant so requests, the arbitrator shall hear the merits of any issue raised regardi ng the arbitrability of a grievance first; no hearing on the merits of the grievance may be conducted until t he issue of arbitrability has been decided. The decision of the arbitrator regarding arbitrability shall be final and binding on the parties. The ar bitrator shall conduct an evidentiary hearing and shall issue a written decisi on within 30 working days of hearing or submission of written briefs. Any ti me limit or stage of the procedure specified may be waived upon consent of the grievant and the City. The grievant and the City may at any tim e agree to mediate a grievance pursuant to the provisions set forth in Exh ibit I of this MOU. The fees and expenses of the arbitrator and court reporter , if any, shall be shared equally by the Association and the City.
5. DECISION OF ARBITRATOR AND APPEAL
The decision of an arbitrator r esulting from any arbitration of g r i e v a n c e s hereunder shall not add to, subt ract from, or otherwise modify the terms and conditions of this memorandum of understanding. The arbitra tor’s written award, including Findings of Fact and Conclusions of La w, shall be submitted within thirty (30) c alendar days from the last day of the hearing.
The arbitrator’s decision shall be forwarded to the City Manager, who shall review the award and make the final decision within thirty (30) working days of its receipt. If the City Manager does not adopt the dec ision of the Arbitrator, the City Manager shal l issue a new decision which s hall be consistent with the evidence su bmitted at the hearing, applicab le rules, and this MOU, and shall also state the grounds for not adopting t h e decision of the arbitrator.
SECTION C. MEDIATION
The employee and the City may at any time agree to mediate the grievance pursuant to the provisions set forth in Exhibit E of this MOU.
Article XIV - Discipline Procedures
BMA MOU Page 51
ARTICLE XIV
DISCIPLINE PROCEDURES
SECTION A. CAUSES OF DISCIPLINARY ACTION
Discipline may be imposed for just cause on an employee, based upon, but not limited to, the following conduct:
1. The refusal to testify under oath before the Los Angeles Cou nty Grand Jury or other legally constituted official public body in a leg ally authorized investigation of government bri bery or other misconduct in publ ic unless such refusal is based upon the employee’s constitutional rights.
2. Violation of any official regulation or order or failure to obey any proper direction made and given by a superior, or failure to comply wi th any condition of employment or to maintain any necessary qualificat ion in the course of municipal employment.
3. Neglect of duty.
4. Unjustified failure or refusa l to properly perform assigned duties.
5. Gross carelessness in the discharge of assigned duties.
6. Conviction or forfeiture of bail for any misdemeanor involvi ng moral turpitude, or any felony.
7. Suspension or revocation of the employee’s license to operat e a motor vehicle on the public highway in the State of California where a driver's license is required for the performance of the employee’s job.
8. One or more days of unauthorized absence.
9. Repeated tardiness.
10. Inability to establish and maintain proper working relation ships.
11. Reporting for duty, or being on duty, under the influence o f alcohol, drugs or any combination thereof; or rendering oneself unfit to perform fully one's duties for reasons attributable to, or produced by, indulgence in alcohol, drugs, or any combination thereof.
12. Unauthorized use of City tools, equipment or property.
13. Abuse or gross negligence in the care or operation of City tools, equipment or property.
14. Use of sick leave for unauthorized purposes.
Article XIV - Discipline Procedures
BMA MOU Page 52
15. Receiving gratuities or any personal favor in exchange for the performance or for the non-performance of an assigned duty.
16. Discussion of confidential City business and information wi th unauthorized persons which result in a detrimental effect to the City's operation.
17. Willful refusal to respond to an official call in an emergency.
18. Willfully making any false statements, certificates, or rep orts or in any manner committing or attempting fraud.
19. Violation of administrative rules and regulations.
20. Illegal possession or use of drugs or narcotics.
21. Incompetence or inefficiency in the performance of required duties.
22. Discrimination against, or harassment of, co-workers or the public based on race, religion, national origin, sex, age, handicap, or othe r unlawful consideration.
23. Malfeasance in office or employment.
24. Absence without permission f rom the job during working hours.
25. Consumption of alcoholic bever ages during working hours, including lunch and rest periods.
26. Abandonment of position.
SECTION B. DISCIPLINARY ACTIONS
1. Oral reprimand.
2. Written reprimand.
3. Suspension with pay.
4. Suspension without pay.
5. Reduction in class or pay.
6. Termination.
SECTION C. PROPOSED DISCIPLINE
Prior to receiving discipline the employee shall be served with a written notice containing the following:
Article XIV - Discipline Procedures
BMA MOU Page 53
1. The proposed disciplinary action and the effective date;
2. The nature of the c harges and/or violation of City rules;
3. The reasons for the proposed action;
4. A copy of the materials upo n which the action is based;
5. An opportunity for the employee to respond to the charges in w r i t i n g and/or in a non-evidentiary, informal hearing to a neutral revi ewer at a reasonable time not less than fi ve working days from the date t he notice was served but prior to the discipline being imposed;
6. The right of the employee to be represented by an attorney o r other representative at any disciplinary conferences or proceedings.
SECTION D. APPEAL OF DISCIPLINE
1. MINOR DISCIPLINE
Minor discipline is a reprimand or a suspension of three days o r less. An employee subject to minor discipline shall have the right to ap peal such discipline to the appointing aut hority, or the department head or their designee by submitting a written request within ten (10) workin g days from the date of the discipline. The administrative hearing sha ll be conducted within ten (10) working days of the filing of the req uest and the hearing officer shall issue written findings within ten (10) wo rking days of the hearing. The employee shall be entitled to representation a nd to present such documentary and testimonial evidence as is appropr iate under the circumstances. The City official presiding at the adm inistrative hearing shall have the authority to affirm the discipline, modi fy the discipline or exonerate the employee. The decision shall be fin al and binding on the City and the employee.
A letter of reprimand shall be re moved from a personnel file up on written request by the employee provided there have been no additional disciplinary actions of a similar nature during the subsequent twelve (12) months. If the employee’s performance appraisal review contains any reference to the letter of reprimand which has been removed fro m the employee’s personnel file, that section or page of the employee ’s performance appraisal review shall be rewritten so that any ref erence to the letter of reprimand is deleted. A removed letter of reprima nd may be retained and used for the purpose of progressive discipline onl y for an additional period of twenty-four (24) months.
2. MAJOR DISCIPLINE
Major discipline is a suspension of more than 3 days, reduction in class or pay, or termination. An employee subject to major discipline ma y appeal the discipline by submitting a r equest for arbitration to the M anagement Article XIV - Discipline Procedures
BMA MOU Page 54
Services Department within 15 wor king days of receipt of the fi nal notice of discipline. The arbitration shall be governed by the Rules a nd Procedures provided for in Exhibit F.
The grievant and the City may agree upon an arbitrator to hear the grievance. In the event the parties cannot agree upon an arbitr ator they shall request a list of seven (7 ) arbitrators from the Californ ia State Mediation and Conciliation Service within 10 working days after receipt of the written submission to arbitration and shall thereafter sele ct an arbitrator from that list or any subsequent list. If the partie s cannot agree upon an arbitrator, they will alternately strike names from the list until one name remains. The City shall st rike the first name from the list.
If either the City or the employee so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of the d iscipline first; no hearing on the merits of the discipline appeal may be conduc ted until the issue of arbitrability has been decided. The decision of th e arbitrator regarding arbitrability shall be final and binding on the parti es. The arbitrator shall conduct an evi dentiary hearing and shall issue a written decision within 30 working days of hearing or submission of wri tten briefs.
Any time limit or stage of the procedure specified may be waive d upon consent of the employee and the City.
SECTION E. DECISION OF ARBITRATOR AND APPEAL
1. The decision of an arbitrator resulting from any arbitration of discipline hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this memorandum of understanding. The arbitra tor’s written award, including Findings of Fact and Conclusions of La w, shall be submitted within thirty (30) cal endar days from the last day of the hearing.
The arbitrator’s decision shall be forwarded to the City Manager, who shall review the award and make the final decision within thirty (30) w o r k i n g days of its receipt. If the City Manager does not adopt the dec ision of the Arbitrator, the City Manager shall issue a new decision which s hall be consistent with the evidence su bmitted at the hearing, applicab le rules, this MOU, and shall also state the grounds for not adopting the decision of the arbitrator.
2. If, as result of an arbitration award or mediated settlement , an employee’s disciplinary action is overturned or modified in any way, relev ant portions of the employee’s performance appraisal review shall be rewritt en, if necessary, so the performance appraisal does not include refere nces or language inconsistent with the arbitrator’s decision.
SECTION F. MEDIATION
The employee and the City may at any time agree to mediate an a ppeal of discipline pursuant to the provisions set forth in Exhibit E of this MOU.
Article XV - Informal Discussion of Departmental Problems BMA MOU Page 55
ARTICLE XV
INFORMAL DISCUSSION OF DEPARTMENTAL PROBLEMS
SECTION A. DEPARTMENTAL MEETINGS
Departmental Executives will implement the following policy:
1. The BMA may request, monthl y, that a meeting be scheduled between the Management Representative or Executive Officer of the BMA and t he Department Executive to discuss items of mutual interest. At th e option of the BMA, the President of the BMA may be present at such meetin gs.
The Department Executive shall make every effort to comply with t h i s request.
2. Department Executives are encouraged to consult with employe e representatives on departmental problems, future actions, and r elated matters.
3. In addition to the monthly meeting, Department Executives ar e encouraged to meet with department representatives when it woul d be to everyone's advantage to meet immediately.
Article XVI - Health and Safety
BMA MOU Page 56
ARTICLE XVI
HEALTH AND SAFETY
SECTION A. SAFETY IN THE WORK PLACE
The City and the BMA reaffirm their joint commitment to ensure safety and reasonable health in the work place and to maintain a continuou s awareness of safety procedures and accident prevention guidelines. In order to reinforce these objectives, a Citywide Safety C oordinators Committee has been e stablished to broaden the base of participation in safety activities. The Bur bank Management Association (BMA) will have a r epresentative on the Safety Coor dinators Committee.
SECTION B. SAFETY EQUIPMENT
1. Upon approval by the City Safety Officer, the City shall pro vide safety shoes when needed. Appr oved safety shoes shall mean such styles a s may be approved by the affected department and which provide, i n the opinion of the City's Safety Officer, adequate safety.
2. It is the policy of the City to require the use of safety gl asses or other eye protection in all classification s of employment in which there is a significant threat of eye injury. This policy is in accord with the California Occupational Health Act of 1973. The Safety Officer shall reaso nably determine which employees are eligible and are required to wear safety glasses. Eye examinations for those required to wear safety gla sses will be paid for by the City.
3. For those employees, the City will pay for the cost of frame s, prescription lens, and fitting or other eye protection as referenced in subs ection 2 above. The City will provide plain safety glasses to qualifying employees not requiring prescription lens.
4. The City will pay the differe nce between bi-focal and no-lin e or progressive glasses, up to $100 every three years, for those BM A employees that are required to work on a computer as a primary job function (51% or more of the time ) as designated by a superviso r in accordance with Administrative Procedure regarding Safety Glasses.
Article XVII - Employee Rights
BMA MOU Page 57
ARTICLE XVII
EMPLOYEE RIGHTS
SECTION A. PAYROLL DEDUCTION AND DUES
1. MEMBER DEDUCTION AND DUES
a. During the term of this Memorandum, effective January July 1, 20192022 , the City shall deduct BMA dues on a bi-weekly payroll basis subject to the provisions outlined in this section. Such deductions shall be made only when the employees' earnings for a pay period are sufficient after other legally required deductio ns are made. Both parties are aware that the amount of dues deductions are subject to the limitations of the computer -based payroll system.
b. Effective April 29, 2020, BMA hereby certifies that it has and will maintain authorizations for individual employees. The City shall rely on representations made by BMA regarding the authorization to make, revoke, cancel, or change deductions for employees represented by BMA.
c. Effective April 29, 2020, tT he City shall deduct dues for employees represented by BMA following receipt of written notice from BMA that written authorization has been pr ovided to the Association by t he employee. Between adoption of this MOU and April 29, 2020, the City will continue the dues deduct ions currently in place for B MA employees unless otherwise notif ied under section d below. If employees newly represented b y BMA desire to begin dues deductions between adoption of this MOU and April 29, 2020, the City shall deduct dues for these employees following receipt of written notice from BMA that written authorization has been provided to the Association by the employee.
d. If a BMA represented employee desires to revoke, cancel, or change prior dues deduction authorization, such requests shall be dire cted in writing to the Association, which shall promptly provide wri tten notice. The City shall stop or change dues on the effective dat e set forth in the written notice from BMA.
e. Should there be a dispute r egarding the deduction of dues, the BMA shall provide the City with a co py of the authorization(s) sign ed by the BMA represented employee.
f. At BMA’s request, the City wil l provide copies of dues deduc tion records in the City’s possession as well as a list of employees with dues deductions in place.
g. The BMA, in consideration fo r and as a condition of the City withholding and transmitting payroll and benefit deductions Article XVII - Employee Rights
BMA MOU Page 58
authorized by this MOU and in compliance with Senate Bill 866, shall hold harmless the City, its officers, and employees from any li ability that may result from making, canceling, or changing requested deductions certified by the BMA.
2. COMMUNICATIONS WITH B MA REPRESENTED EMPLOYEE
a. The City shall not deter or discourage employees or applican ts represented by BMA from becomi ng or remaining members of the Association, or from authorizing dues or fee deductions to the Association.
b. If the City chooses to disse minate mass communications to employees or applicants represented by BMA concerning their rig ht to join or support an employee organization, or to refrain from joining or supporting an employee organization, it shall meet and confer with the BMA concerning the content of the mass communication.
c. If the City and the BMA do not agree on the content of the C ity’s mass communication as referenced above in section b, the City shall distribute to the employees, in addition to, and at the same ti me as, its own mass communication, a communication of reasonable length provided to the City by the BMA. The Association shall provide the City with adequate copies of its own mass communication prior t o distribution.
SECTION B. MEMBERSHIP LIST
The City shall furnish the BMA a listing each September 1st, of represented employees in classifications represented by the BMA.
The City shall notify the BMA within sixty (60) calendar days o f any employee who, because of a change in employment status, is no longer a m ember of the represented unit or no longer subject to the provisions of this Article.
SECTION C. NON-MEMBER LIST(S)
The City shall furnish the BMA a listing each July 1st of non-m ember employees' names in classifications represented by the BMA. Also, the City shall furnish the BMA a listing each, December 1st, of the title of unrepresented management and unrepresented miscellaneous positio ns. In addition, the City sh all provide the BMA a listing by the 2Oth of each month of all new employees hi red on a non- temporary basis during the preceding month into classifications represented by the BMA.
SECTION D. ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted t o officers of the Association and its authorized representatives for the purpose of investigating, counseling and processing grievan ces, observing working and saf ety conditions, seeing that the provisions of this Agreement are observed, and contacting members of the Association concerning business within the scope o f Article XVII - Employee Rights
BMA MOU Page 59
representation. Such officers or representatives shall not ente r any work locations without the consent of the City or its authorized rep resentative, and such consent shall not be unreasonably denied. Access shall be restricted so as not to interfere with the normal operations of the department o r with established safety or security requirements . Solicitation of membership and activities concerned with the internal management of an employee organizat ion, such as collecting dues, campaigning for office, will not be permitted during working hours.
SECTION E. MEETING WITH NEW EMPLOYEES
The City shall notify the BMA of the dates and times of the new e m p l o y e e s ' orientation not less than 10 days’ notice in advance of an orie ntation, except that a shorter notice may be provided in a specific instance where t here is an urgent need critical to the City’s oper ations that was not reasonably foreseeable. The structure, time, and manner of BM A access shall be determined t hrough mutual agreement between the City and the BMA, subject to the requirements of Section 3557 of the Government Code. BMA will be allowed to speak to n ew employees at the conclusion of the orientation by Management Services sta ff. The City shall only give notice of the orientat ion to the effected employees, their supervisors and/or Department Directors, or to a vendor that is contracted to provide service for purposes of the orientati on. In addition, the City agrees t o notify BMA when employees become newly represented by BMA as soon as practical.
SECTION F. PERSONNEL FILES
1. The City acknowledges that employees are entitled to review the contents of their "official" file located in the Management Services Dep artment at reasonable intervals. Employee s may request a representative to assist them in reviewing said file.
2. No discipline may be brought aga inst an employee unless fully documented and supported.
3. Employees shall be entitled to copy and receive copies of al l documents placed within their personnel files except those expressly forb idden by law.
SECTION G. TIME OFF FOR CIVIL SERVICE BOARD MEETINGS AND
ARBITRATION HEARINGS
1. Employees shall be granted time off without loss of pay to a ttend meetings of the Civil Service Board and Arbitration Hearings which are s cheduled during the employees regular working hours, if the employees ar e (1) the president or in the president's absence, vice president of the employee organization; (2) present on offi cial business before the Board or an arbitrator, including an appeal by the employees or representat ion of employees by another for the purpose of appeal; or (3) present because, in the opinion of their departmen t manager, the interests of th e City are served by having the employees present.
Article XVII - Employee Rights
BMA MOU Page 60
SECTION H. RIGHT OF REPRESENTATION
The BMA may, at the employee's option, represent the employee a t disciplinary hearings or meetings, investigatory interviews which may lead to discipline, safety meetings (accident review), griev ance meetings, Civil Service B oard meetings or arbitration hearings. The Association representative may partic ipate to assist the represented employee.
If an employee requests Association representation and is willi ngly, knowingly and with intent to deny an employ ee's rights, not provided with same, those admissions obtained directly by interrogation shall not be used against an employee in any proceeding or action by the City. Interrogation shall mean either express questioning or behavior by a manager or supervisor that is reasonably likely to elicit an incriminating response.
SECTION I. CITY BULLETIN BOARDS
1. STATEMENT
The City provides bulletin boards throughout the City. Reasonab le use of these boards will be permitted to formally or informally recogn ized employee groups. The following shall be observed in using the b ulletin boards.
2. PROCEDURE
a. The BMA shall submit to the City Manager's Office a copy of all official business notices which are to be posted, at least 24 h ours prior to posting.
b. The BMA may post notices concerning:
(1). Recreational affairs of the group.
(2). Social affairs of the group.
(3). Official business of the group.
c. The notices shall be clearly identified as BMA notices.
d. Department Executives or their designated representatives wi ll be responsible for removing notices as soon as possible after the event has expired.
e. Use of bulletin boards for unauthorized purposes, including but not limited to political matters, matters derogatory to the City, o r commercial advertising, will res ult in loss of use of the bulle tin boards.
f. E-mail notifications may be us ed in-lieu of bulletin boards.
Article XVII - Employee Rights
BMA MOU Page 61
SECTION J. ASSOCIATION LEAVE
1. An aggregate of five hundred (500) hours per fiscal year shall be available without loss of pay for use by the BMA President.
2. The hours shall be utilized to attend meetings or convention s held by labor or professional organizations, prepare for City-related Associa tion appearances, or counsel employees on labor relations subjects.
3. Release time with pay for BMA Management Representatives, Ex ecutive Board and negotiating team members shall be granted in order to meet with Department Executives on labor matters, to counsel employe es regarding grievances, to represent employees in hearings, to pr epare for contract negotiations, and to attend Civil Service Board meetin gs.
Department Executives may make efforts to arrange the hours of day shift employees on the day in question so as to adjust the hours of the employee in order to allow such employee to finish their shift before th e start of an Executive Board meeting.
SECTION K. PAST PRACTICES
Past practices concerning but not limited to rights, wages, hou rs, and working conditions will be continued un less specifically altered by thi s agreement. Past practice shall mean custom and practice that is open and obviou s, consistent, long standing, known by the parties, and mutually acceptable ha bits of action which have matured during the course of time. Disputes regardin g past practice shall be resolved pursuant to the Article XIII.
SECTION L. FACILITIES USAGE
Upon request of the Association, the City may provide meeting s pace outside working hours to the Association, providing there is no interfe rence with normal City operations. Requests for use of facilities will be made in advance to the appropriate Department controlling the meeting space, indicatin g the date and time of meeting.
Article XVIII - Employer Rights and Past Practices
BMA MOU Page 62
ARTICLE XVIII
EMPLOYER RIGHTS AND PAST PRACTICES
SECTION A. EMPLOYER RIGHTS
The rights of the City include, but are not limited to, the exclusive right to:
1. Determine the mission of its constituent departments, divisi ons, commissions, and boards;
2. Set standards of service and municipal fees and charges;
3. Determine the procedures and standards of selection for empl oyment, assignment, transfer, and promotion;
4. Direct its employees;
5. Take disciplinary action;
6. Relieve its employees from duty because of lack of work or f or other legitimate reasons;
7. Maintain the efficiency of governmental operations;
8. Determine the methods, means, and personnel by which governm ental operations are to be conducted;
9. Determine the content of job classifications;
10. Take all necessary actions t o carry out its mission in emergencies;
11. Exercise complete control and discretion o v e r its organization and technology of performing its work.
SECTION B. ALL RIGHTS RETAINER
All rights held by the City, or vested in the City, on the effe ctive date of this Memorandum of Understanding and not mentioned in Section A of this Article are retained by the City unless altered by this Memorandum of Understanding or by a past practice covered by Article XXII, Section B of this Memora ndum of Understanding.
Article XIX - Miscellaneous
BMA MOU Page 63
ARTICLE XIX
MISCELLANEOUS
SECTION A. MANAGEMENT TRAINING
1. It is the policy of the City to actively encourage and assis t employees in continuing their education and training as it relates to improv ing their capabilities for service to the City. The primary responsibilit y for recognizing training needs, stimulating employee development, a nd carrying out all elements of this policy rests with the Departm ent Executives.
Training shall be conducted on a continuing basis with staff as sistance and funds made available for this purpose.
The City has the responsibility to train employees in fields es sential to job success. The employee has the responsibility for pursuing that training essential for his/her job development.
The objectives of employee training can be summarized as follows:
a. To continuously develop promotable manpower and enhance the individual employee's confidence in his/her ability to enlarge his/her capability.
b. To achieve and maintain efficient job performance and to pro vide a climate within which the employee is continuously motivated tow ard effective service to the City.
c. To provide employees with information and training in new me thods as changes and innovations develop.
d. To achieve and maintain efficient job performance.
2. The Department Executives shal l be responsible for the following:
a. Developing a training plan wi th the objective of ascertainin g, utilizing, and improving employ ee capabilities to meet specific operating requirements of the departments and the City.
b. Arranging work assignments and schedules in order that employees may participate in form al training programs related t o their jobs.
c. Develop qualified employees to perform the work of any emplo yee whose services are considered critical to the City's operation.
d. Evaluating training needs and accomplishment within their department on a continuing basis.
Article XIX - Miscellaneous
BMA MOU Page 64
3. The Management Services Departm ent shall provide the followi ng assistance to the City Manager and Department Executives in the development of training programs:
a. The coordination, with the Department Executive, of the City wide training plan indicating priority in objectives sought, schedul e of courses, topics to be covered, facilities to be used, and instr uctors to be employed, and to keep suc h training plans current and consistent with the changing needs of the City.
b. Identification of training needs common to all City departme nts, and coordination with Department Executives in the development and implementation of centralized Citywide training programs.
c. Provide information on training and educational programs and make available to departments information regarding the various types of training resources applicable to their programs.
d. Provide technical assistance to all departments in the plann ing and execution of their training pr ograms, and provide for or assist i n arrangements for facilities, equipment and training materials t o be used in their programs.
e. Provide recognition upon comple tion of training programs by the issuance of appropriate certificates for Department Executives to present to employees, and maintain records of training activities.
f. Evaluate and report to the De partment Execu tives and City Manager the results of departmental and Citywide training programs.
SECTION B. MOU COPIES
The City will provide to the BMA, 90 days from signing the MOU, at no cost, the number of requesteda t l e a s t 100 printed copies of this collective bargaining agreement, not to exceed 100, and will place this MOU on the City’s website. The printed copies will be 8 ½ inches by 11 inches. The City will also provide a high-resolution electronic copy of the MOU to BMA.
SECTION C. PROFESSIONAL DEVELOPMENT
Effective the beginning of the pay period immediately following Council adoptioncontaining July 1, 2022 , the City shall increase the amount provided for Professional Development to each employee in the amount offrom $43.75 per month to $55.00 per month . As such, t T he Professional Development amount will be paid to employees in equal amounts of $20.19 over the 26 pay periods throughout each year will increase from $20.19 per pay period to $25.38 per pay period.
SECTION D. CITY ASSOCIATION RELATIONS
1. Except in cases of emergency , the City shall give reasonable written Article XIX - Miscellaneous
BMA MOU Page 65
notice to the BMA of any ordinance, rule, resolution, or regula tion directly relating to matters within the scope of representation proposed t o b e adopted by the City and shall give the BMA the opportunity to m eet and confer in good faith. In cases of emergency when the City deter mines that an ordinance, rule, resolution or regulation must be adopted im mediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to m eet at the earliest practicable t i m e following the adoption of such ordinance, rule, resolution, or regulation.
SECTION E. NO STRIKE - NO LOCKOUT
During the term of this Agreement, neither the Association nor its agents will authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike, or any other interference with the work of the City. During the term of this agreement, neither the City nor its agents will authorize, inst itute, aid, or promote any lockout of employees covered by this Agreement.
SECTION F. UNIFORMS
All employees who are currently provided uniforms shall continu e to receive such uniforms as required. The uniforms will be of a quality and sty le no less than that agreed to in the past.
For all such employees, replacement uniforms shall be provided as needed.
However, for security purposes employees will bear the responsibility of returning all uniforms (including patches) prior to the replacement of th ese uniforms. In addition, all uniforms (including patches) will be returned to the City upon the employee’s separation from the City services.
SECTION G. NEPOTISM POLICY
Employees will be subject to the City’s Administrative Procedure II-53 regarding Employment of Relatives.
SECTION H. CRAFT AND PROFESSIONAL LICENSES
The City will pay for or reimburse fees for all licenses, certi ficates, examinations or training that it requires of employees in their present posi tions. This includes, but is not limited to professional fees, Class A or B Driver’s licenses, water treatment certificates, FCC licens es, toxic material certificat es, smog certificates, and back-flow valve certificates. This provision does not inclu de remedial training or preparation for advancement. Al l employees as above, who nee d to maintain and renew their licenses for work which they do for the City, s hall be given adequate time off with pay in order to take such renewal examinations.
SECTION I. FINGERPRINTING
Employees will be subject to fingerprinting as required by government regulations.
Article XX - Merit Pay Plan
BMA MOU Page 66
ARTICLE XX
MERIT PAY PLAN
The BMA has agreed to suspend the Merit Pay program for the duration of this contract.
SECTION A. GUIDELINES
1. SETTING GOALS
The key features of the process are as follows:
a. The supervisor and subordinate meet and prepare a list of prioritized duties and areas of responsibility of the individual’s job.
b. The supervisor in cooperation with the subordinate set short -term performance goals or targets for the subordinate, consistent wi th the above by the end of the first quarter of the fiscal year. T he supervisor guides the goal-setting process to ensure that it re lates to the realities and needs of t he organization. Q ualitative and quantitative goals, as appropriate, should be set at the proper level of difficulty for the position. Goals which describe a desired result and/or level of effort are preferable to ones that only state a desired result. The supervisor shall set priorities and criteria for as sessing results. This rating shall be in dicative of the subordinate’s s uccess in achieving the goals.
c. From time to time, more often than once per year, the superv isor and subordinate meet to evaluate the progress toward the goals.
At these meetings, new or modified goals can be set, as appropriate, due to changed circumstances.
d. No later than early May of each year, the parties will meet to discuss the subordinate’s performance and discuss level of accomplishment. The process focuses upon reviewing the results in attaining the goals.
2. DISBURSEMENT
a. Merit Pay shall be included in the paycheck that includes th e date of June 10 th and shall be made in accordance with the Merit distribution process described he rein subject to the tax withho lding rate set by IRS Regulations. If the Merit Pay is not included in a regular check with normal withholding rates, the employee has t he right to set the withholding rate for the check. All employees in the BMA classification shall be eligible for Merit Pay. (Section AP I-38 7/1/96 in effect fiscal year 1996-1997)
b. The City will provide the BMA with the eligible BMA annual p ayroll in AP I-38 and a summary report of the total amounts disbursed by July 1st of the fiscal year.
Article XXI - Recruitment and Selection
BMA MOU Page 67
c. The total Merit Pay Pool available to a supervisor for distr ibution shall be equal to 2.5% of the basic eligible payroll correspond ing to the BMA positions in his/her or ganizational unit net of any pri or payments.
d. At retirement, or upon leaving the City, a BMA employee shal l be eligible to receive prorated Merit Pay based on length of activ e service during the fiscal year in which the employee leaves.
e. The Department Executive retains all rights to review and ap prove, disapprove or modify any supervisor’s recommendations.
ARTICLE XXI
RECRUITMENT AND SELECTION
SECTION A. EXPEDITED HIRING
All classifications represented by the Burbank Management Assoc iation are subject to expedited hiring. Ex pedited hiring means that the Ma nagement Services Department and the hiring department will determine th e appropriate process to recruit and select employees.
SECTION B. EDUCATION AND EXPERIENCE
Classifications represented by BMA may contain the following st atement on job specifications and bulletins:
Any combination of education and/ or experience that has provide d the knowledge, skills, and abilities necessary for acceptable job p erformance as determined by the City.
SECTION C. SIGNING AND RETENTION BONUS
Effective the beginning of the pay period containing July 1, 2022, Tthe City, at its sole discretion, has the option of providing signing or retenti on bonuses, up to a maximum of 5.258% of base salary, for any classification for which the City is experiencing difficulty in recruiting or retaining. Further, effective the pay period containing July 1, 2017, the City has the option of providing a signing or retention bonus for the classification of Manager Electrical Di stribution up to the maximum retention bonus percentage granted in the IBEW MOU. T h i s additional funding will not be included in the salary survey. T he City will notify the BMA prior to application of this Section to any specific po sition.
Article XXII – Savings Clause
BMA MOU Page 68
ARTICLE XXII
SAVINGS CLAUSE
SECTION A. RENEGOTIATION
If any term or provision of this Agreement is found to be in vi olation of any City, County, State, or Federal law, the parties agree to meet prompt ly, and as often as necessary, to expeditiously renegotiate this term or provisi on. All other terms and provisions of this agreement shall remain in full force and effect during the period of such negotiations and thereafter until their normal e xpiration date.
Mandatory subjects for bargaining not specifically modified by this agreement shall remain in full force and effect.
SECTION B. CONTROL
If any rule or regulation conflicts with this document or is su perseded by this document, this Memorandum of Understanding is controlling.
SECTION C. FAIR LABOR STANDARDS ACT
The parties understand that many o f the employees covered by th is agreement may not be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C., Section 201 et seq. (FLSA) . But, to the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall re ceive benefits required there under and any additional benefits set forth here in if compatible with FLSA.
Article XXIII - Term of Memorandum of Understanding
BMA MOU Page 69
ARTICLE XXIII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION A. TERM
In witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding on this date. The t erm of this agreement shall be from January 1, 2019July 1, 2022 until June 30, 20222025.
Except as set forth in this Memorandum of Understanding, all of the terms and conditions of employment contained in the pr evious Memorandum of Understan ding entered into between the parties that expired December June 3130, 2018 2022 remained in full force and effect between January July 1, 2019 2022 and Council adoption of the Memorandum of Understanding.
BMA MOU Page 70
In witness thereof, the parties hereto have caused their authorized representatives to execute this Mem orandum of Understanding on the 29th 6th day of October June 20192023.
ON BEHALF OF THE ON BE HALF OF THE BURBANK
CITY OF BURBANK: MANAGEMENT ASSOCIATION:
__________________________ __________ ________________
JUSTIN HESS OMAR MOHEIZECHRIS WHITE
City Manager President
__________________________ __________ ________________
BETSY MCCLINTON MICHAEL CARSONNICK
HAMMETT
Management Services Director Vice President
__________________________ __________ ________________
SARAB S KHALSABRADY GRIFFIN STEVEN ARAGON
Human Resources ManagerActing Ass t. Management Services Directo r Secretary/Treasurer
__________________________ __________ ________________
ANELY WILLIAMSJULIE CHAIDEZ TERI KACZMAREKJENNIFER
MORAN
Senior Administrative Analyst DirectorSecretary
__________ ________________
JOE FLORESOSVALDO
HERNANDEZ
D i r e c t o r
__________ _______________
CHRIS WHITEBRENDA
CASTANEDA
D i r e c t o r
__________ ________________
JENNIFER MORANJAMES
EHRING
D i r e c t o r
__________ ________________
ELIZABETH SILVER TOURGEMAN
BMA MOU Page 71
STEPHEN SILVER
BMA Attorney
Exhibit A - Affected Employees Classification Titles
BMA MOU Page 72
EXHIBIT A
AFFECTED EMPLOYEES CLASSIFICATION TITLES
(REPRESENTED EMPLOYEES)
ACCOUNTING & AUDIT MANAGER
ADMINISTRATIVE ANALYST I
(Excluding City Manager’s Office & Management Services Department) ADMINISTRATIVE ANALYST II (Excluding City Manager’s Office & Management Services Department)
ADMINISTRATIVE TECHNICIAN
ANIMAL SHELTER SUPERINTENDENT
APPLICATIONS DEVELOPMENT ANALYST II
APPLICATIONS DEVELOPMENT ANALYST III (
Excluding Payroll/Labor ADP III)
APPLICATIONS DEVELOPMENT ANALYST IV
ASSISTANT FIRE MARSHAL
ASSISTANT POWER PRODUCTION SUPERINTENDENT
ASSISTANT MANAGER CUSTOMER SERVICE OPERATIONS
BUILDING ADMINISTRATION MANAGER
BUILDING INSPECTOR II*
BUILDING INSPECTOR III*
BUILDING INSPECTION MANAGER
CIVIL ENGINEER-BWP
CODE ENFORCEMENT MANAGER
COLLECTIONS SYSTEMS SUPERVISOR*
COMMUNICATIONS NETWORK ENGINEER
CONSTRUCTION INSPECTION MANAGER*
CONSTRUCTION SUPERINTENDENT
CRIME ANALYST*
CUSTODIAL SUPERVISOR*
DATA ENGINEER
DATABASE ADMINISTRATOR I*
DATABASE ADMINISTRATOR II
DATABASE ADMINISTRATOR III
DEPUTY BUILDING OFFICIAL
DEPUTY CITY PLANNER
ECONOMIC DEVELOPMENT MANAGER
ELECTRICAL ENGINEER
EMS NURSE SPECIALIST
ENERGY SERVICES AND UTILITY RATES MANAGER
ENERGY TRADER/SCHEDULER
ENVIRONMENTAL, HEALTH, AND SAFETY COORDINATOR
ENVIRONMENTAL, HEALTH, AND SAFETY OFFICER
ENVIRONMENTAL & SAFETY MANAGER
ENVIRONMENTAL ENGINEER
Exhibit A - Affected Employees Classification Titles
BMA MOU Page 73
FACILITIES MAINTENANCE MANAGER
FINANCIAL ACCOUNTING MANAGER/BWP
FINANCIAL ANALYST
FINANCIAL PLANNING AND RISK MANAGER
FINANCIAL SYSTEMS MANAGER
FIRE INSPECTION MANAGER
FLEET MANAGER/BWP
FLEET SERVICES SUPERVISOR*
FLEET SUPERINTENDENT
GRANTS COORDINATOR
HOUSING AUTHORITY MANAGER
HOUSING DEVELOPMENT MANAGER
INFORMATION SECURITY ANALYST
INFORMATION SYSTEMS ANALYST II*
INFORMATION SYSTEMS ANALYST III
INFORMATION SYSTEMS ANALYST IV
JAIL MANAGER*
LAND SURVEYOR
LANDFILL SUPERVISOR*
LEAD DATA ENGINEER
LEAD SYSTEMS ENGINEER
LEAD TECHNOLOGY PRODUCT MANAGER
LEGISLATIVE ANALYST
LIABILITY CLAIMS COORDINATOR
MANAGEMENT INTERN*
MANAGER COMMUNICATION SYSTEMS
MANAGER CUSTOMER SERVICES OPERATIONS
MANAGER ELECTRICAL DISTRIBUTION
MANAGER ELECTRICAL DISTRIBUTION-G
MANAGER ELECTRICAL EQUIPMENT
MANAGER ENERGY CONTROL CENTER
MANAGER SECURITY SYSTEMS
MANAGER TELECOMMUNICATIONS
MANAGER TECHNOLOGY
MANAGER T & D ENGINEERING
MANAGER WATER ENGINEERING/PLANNING
MANAGER WATER PRODUCTION/OPERATIONS
MARKETING ASSOCIATE
MARKETING MANAGER
NETWORK SUPPORT ANALYST II*
NETWORK SUPPORT ANALYST III*
Exhibit A - Affected Employees Classification Titles
BMA MOU Page 74
NETWORK SUPPORT ANALYST IV
OPERATIONS SYSTEMS ANALYST I*
OPERATIONS SYSTEMS ANALYST II*
OPERATIONS SYSTEMS ANALYST III
PARKING ANALYST
PERMIT COORDINATOR*
PLAN CHECK ENGINEER*
PLAN CHECK MANAGER
PLANNING MANAGER
POLICE COMMUNICATIONS MANAGER
POLICE RECORDS MANAGER
POWER PROD ENGINEER
POWER PROD MANAGER
POWER RESOURCES MANAGER
PRINCIPAL ACCOUNTANT
PRINCIPAL CIVIL ENGINEER
PRINCIPAL CIVIL ENGINEER/BWP
PRINCIPAL COMMUNICATIONS NETWORK ENGINEER
PRINCIPAL DATA ENGINEER
PRINCIPAL ELECTRICAL ENGINEER
PRINICIPAL ENGINEER - TRAFFIC
PRINCIPAL GIS SPECIALIST
PRINCIPAL PLAN CHECK ENGINEER
PRINCIPAL POWER RESOURCES PLANNER
PRINCIPAL PLANNER
PRINCIPAL POWER ENGINEER
PRINCIPAL POWER SYSTEM OPERATOR
PRINCIPAL SYSTEMS ENGINEER
PRINCIPAL TECHNOLOGY PRODUCT MANAGER
PRINCIPAL UTILITY ACCT ANALYST
PUBLIC INFORMATION SPECIALIST*
PUBLIC WORKS SUPERVISOR*
PURCHASING MANAGER
REAL ESTATE AND PROJECT MANAGER
RECORDS MANAGER
RECREATION SERVICES MANAGER
RECYCLING COORDINATOR
RECYCLING SPECIALIST
REDEVELOPMENT PROJECT MANAGER
SENIOR ADMINISTRATIVE ANALYST (Excluding City Manager’s Office & Management Services Department)
SENIOR BUYER
SENIOR CIVIL ENGINEER/ BWP
SENIOR CIVIL ENGINEER
SENIOR CIVIL ENGINEERING ASSOCIATE
Exhibit A - Affected Employees Classification Titles
BMA MOU Page 75
SENIOR COLLECTIONS SPECIALIST
SENIOR ELECTRICAL ENGINEER
SENIOR ENGINEER - TRAFFIC
SENIOR ENVIRONMENTAL ENGINEER
SENIOR PLAN CHECK ENGINEER
SENIOR PLANNER
SENIOR RANGE MASTER/ARMORER*
SENIOR UTILITY ACCTG ANALYST
SOLID WASTE SUPERVISOR*
STATION MANAGER/SENIOR PRODUCER*
SUPERVISING CONSTRUCTION INSPECTOR*
SUPERVISING LIBRARIAN
SYSTEMS ENGINEER
TECHNICAL SUPPORT ANALYST III*
TECHNICAL SUPPORT ANALYST IV
TECHNOLOGY PRODUCT MANAGER
TRAFFIC SIGNAL MAINT SUPV*
TRANSPORTATION MGT CTR MGR
TRANSPORTATION SERVICES MANAGERUTILITY RATES MANAGER
VETERINARIAN
VIDEO PRODUCTION SUPERVISOR*
WAREHOUSE MANAGER/BWP
WATER MAINTENANCE/CONSTRUCTION SUPERINTENDENT
WORKERS’ COMPENSATION ADMINISTRATOR
WORKERS’ COMPENSATION COORDINATORREPRESENTATIVE III
Any organizational change that r esults in a “Z” group manager, whose classification is listed in this Exhibit, not reporting directl y to a Department Executive will move that manager under BMA representation. Any organizational change which results in a BMA member reporting directly to a De partment Executive in the capacity of a Division Manager, will move that manager out of BMA representation.
*These classifications are part of the BMA Supervisory/Professional Unit and are all subject to Overtime Compensation.
Exhibit B - Affected Confidential Employees
BMA MOU Page 76
EXHIBIT B
AFFECTED CONFIDENTIAL EMPLOYEES
When assigned to the Payroll or B udget Sections of the Financial Services Department, any classification in the Analyst Series, including the classif ications listed below, are designated as "confidential employees" per the City's Employer/ Employee Relations Ordinance and are covered by the provisions of this agreement:
ADMINISTRATIVE ANALYST I (Financial Services)
ADMINISTRATIVE ANALYST II (Financial Services)
SENIOR ADMINISTRATIVE ANALYST (Financial Services)
Exhibit C - Survey Methodology
BMA MOU Page 77
EXHIBIT C
SURVEY METHODOLOGY
SECTION A
PARAMETERS FOR JULY 1, 2021 SALARY INCREASESSALARY SURVEY TO BE PROVIDED TO BMA FOR NEGOTIATIONS PRIOR TO FY 2025/26
In preparation for FY 2025/26 negotiations, the City shall cond uct a salary survey subject to the following:
a) The survey is for purposes of study and negotiations and sha ll not trigger any automatic adjustments;
b) The survey provided by the City will use the benchmarks, tie s, and comparable classifications that were agreed upon during negotiations leading up to this MOU, pursuant to Exhibit C, Section B.
c) For any of the benchmarks, if a classification from a survey agency that was used as comparable is eliminated or reclassified since the completion of the survey for the July 1, 2022 , salary increase, the City wi ll identify the agency as a non- comparable for that benchmark.
d) The City will flag any benchmar k that has greater than four non-comparable agencies in its survey for BMA to find potential replacement ag encies, subject to negotiations.
e) The survey will be completed and supplied to the Association no later than February 1, 2025, (five months prior to the end of the contract term) for review and validation of comparative surveyed positions’ details. This sur vey will include salaries of comparable cities that are in effect as of July 31, 2025, or sooner.
f) The City and BMA agree to reopen discussions with respect to the manner in which the surveys should be conducted for the following positions: Data Engineer, Lead Data Engineer, Principal Data E ngineer, Systems Engineer, Lead Systems Engineer, Principal Systems En gineer, Technology Product Manage r, Lead Technology Product Manager, Prin cipal Technology Product Manage r, Principal Communications Network Engineer, Principal GIS Specialist, Prin cipal Power Resources Planner.
1. The salary survey for salary increases to be provided the begin ning of the pay period
Exhibit C - Survey Methodology
BMA MOU Page 78
containing July 1, 2021 will be finalized by May 15, 2021.
2. 2. The salary survey will include salaries with an effective da te of July 15, 2021, and that have been adopted by the survey agencies as of May 15, 2021. Any age ncies’ increases scheduled or adopted beyond May 15, 2021 will not be included regardless of effective date.
3. Only base pay will be included in the salary survey, except that the salary included in the survey for the comparable titl e in Glendale for Manager Water P roduction/Operations will include additional compensation provided by Glendale for certifications that are required as part of the minimum qualifications for Burbank’s title.
4. The benchmark classifications and the tied classifications t hat were agreed upon during negotiations leading up to this MOU shall not be changed for pu rposes of this July 1, 2021 salary increase. Thus, the benchmark classifications listed in this Section will be surveyed.
5. Classifications that are us ed as comparable from survey agencies for Burbank’s benchmark classifications were agreed upo n during negotiations leading up to this MOU. These classifications will not be changed for purposes of this July 1 , 2021 salary increase, except as specifically provided in Subsections (a), (b), and (c) below.
a) The City and BMA were unable to reach agreement as part of t he negotiations leading up to this MOU as to the comparable classification in Torrance for the Police Records Manager benchmark, and in Glendale for the Manager Customer Service Operations benchmark. The City and BMA will make every effo rt to come to agreement as to the comparable classification in these agencies by May 15, 2021.
b)
c) For any of the benchmarks, if a classification from a survey agency that was used as comparable is eliminated or reclassified, the City and BMA will make every effort to come to agreement as to which classification should be deemed comparable in its place, if one exists, by May 15, 2021.
d)
e) For any new classifications t hat are established after the effective date of this MOU but prior to July 1, 2021, the City and BMA will make every effort to come to agreement as to whether the new classification should be tied to an existing benchmark or become its own benchmark, with its own survey of comparable agencies and class ifications, by May 15, 2021.
f)
If the parties are unable to reach agreement by May 15, 2021, f or any classification as specifically provided in Subsections (a), (b), and (c) above, t he parties shall continue to try to come to agreement until July 1, 2021. If the parties are una ble to reach agreement for Exhibit C - Survey Methodology
BMA MOU Page 79
any classification as specifica lly provided in Subsection (a), (b), and (c) above by July 1, 2021, the City and BMA agree to provide an increase effective July 1, 2021 to the disputed benchmarks and tied classifications that is either the average of salary increases applied to the rest of the bargaining group pursuant to the July 1, 2021 survey, or the percentage under the average in the City’s survey proposal for the specific benc hmarks, whichever is higher and would result in a larger salary increase for the benchmark.
SECTION B
BENCHMARKS FOR SALARY SURVEY
TO BE PROVIDED TO BMA FOR NEGOTIATIONS PRIOR TO FY 2025/26
UTILITY
The following capitalized and bolded classifications are consid ered to be utility salary benchmarks used during negotiations leading up to this MOU. These classifications will have a foursix-agency survey , except where noted, of Glendale, Pasadena, Riverside , and Anaheim, Los Angeles Department of Water and Power (LADWP), and Sacramento Municipal Utility District (SMUD). All classifications tied to these benchmarks are listed below the benchmark, and are eligible for the same adjustments as the benchmark, except as otherwise specified. Any salary adjustments to the be nchmarks or classifications tied thereto are contained in this MOU, and any s a l a r y adjustments outside this MOU are subject to negotiations.
FACILITIES MAINTENANCE MANAGER*
*Additional agency surveyed: Huntington Beach.
FINANCIAL ACCOUNTING MANAGER/BWP
Financial Planning & Risk Manager
Energy Services & Utility Rates Manager
Principal Utility Accounting Analyst
Financial Analyst
Senior Utility Accounting Analyst
FLEET MANAGER/BWP
LEGISLATIVE ANALYST
MANAGER CUSTOMER SERVICE OPERATIONS
Assistant Manager Customer Service Operations
MANAGER ELECTRICAL EQUIPMENT
Manager Communications System
Manager Electrical Distribution
MANAGER TECHNOLOGY
MANAGER WATER PRODUCTION/OPERATIONS*
*Additional agency surveyed: Metropolitan Water District (MWD) (instead of SMUD).
Exhibit C - Survey Methodology
BMA MOU Page 80
Water Maintenance/Construction Superintendent
MARKETING MANAGER
Marketing Associate
POWER PRODUCTION MANAGER*
*Additional agencies surveyed: Santa Clara, Roseville, Modesto Irrigation District (MID), Northern California Public Authority (NCPA).
Assistant Power Production Superintendent
Senior Environmental Engineer
Environmental Engineer
Power Production Engineer
PRINCIPAL CIVIL ENGINEER/BWP
Civil Engineer/BWP
Land Surveyor
Manager Water Engineering/Planning
Principal Engineer – Traffic
Principal Civil Engineer
Traffic Engineering Manager
Senior Civil Engineer/BWP
Senior Civil Engineer
Senior Civil Engineer Associate
Senior Engineer - Traffic
PRINCIPAL ELECTRICAL ENGINEER
Assistant Power Production Superintendent
Communications Network Engineer
Electrical Engineer
Energy/Trader Scheduler
Environmental Engineer
Environmental & Safety Manager
Manager Energy Control Center
Manager T&D Engineering
Manager Telecommunications
Manager Security Systems
Manager Transmission & Distribution Engineering
Power Production Manager
Power Resources Manager
Principal Power Systems Operator
Principal Power Engineer
Power Production Engineer
Power Production Manager
Senior Electrical Engineer
Senior Environmental Engineer
PRINCIPAL UTILITY ACCOUNTING ANALYST
Financial Analyst
Senior Utility Accounting Analyst
SENIOR CIVIL ENGINEER/BWP
Exhibit C - Survey Methodology
BMA MOU Page 81
Senior Civil Engineer Associate
Senior Civil Engineer/BWP
Senior Engineer – Traffic
Civil Engineer/BWP
WAREHOUSE MANAGER/BWP
*These benchmarks may include different or additional agencies.
GENERAL GOVERNMENT
The following capitalized and bolded classifications are consid ered to be general government salary benchmarks used during negotiations leading up to this MOU .
These classifications will have an eleven-agency survey , except where noted, o f Anaheim, Garden Grove, Glendale, Huntington Beac h, Inglewood, L ong Beach, Pasadena, Riverside, Santa Ana, Santa Monica, and Torrance. All classifications tied to these benchmarks are listed bel ow the benchmark, and are eli gible for the same adjustments as the benchmark, except as otherwise specified. Any salary adjustments to the benchmarks or classifications tied thereto are contained in this MOU, and any salary adjustments outside this MOU are subject to nego tiations.
ACCOUNTING & AUDIT MANAGER
Financial Systems Manager
Principal Accountant
ADMINISTRATIVE ANALYST II (M)
Administrative Analyst I
Administrative Technician
Management Intern
Public Information Specialist
Senior Administrative Analyst
Senior Collections Specialist
Recycling Coordinator
Recycling Specialist
ANIMAL SHELTER SUPERINTENDENT*
*Additional agencies surveyed: Irvine, City of Los Angeles, Riverside County.
BUILDING INSPECTOR II
Building Administration Manager
Building Inspection Manager
Building Inspector III
Code Enforcement Manager
Deputy Building Official
Fire Inspection ManagerAssistant Fire Marshal
Permit Coordinator
CRIME ANALYST
COLLECTIONS SYSTEMS SUPERVISOR
Exhibit C - Survey Methodology
BMA MOU Page 82
CONSTRUCTION INSPECTION MANAGER
CONSTRUCTION SUPERINTENDENT
CUSTODIAL SUPERVISOR
ECONOMIC DEVELOPMENT MANAGER
EMS NURSE SPECIALIST
FLEET SERVICES SUPERVISOR
Collection Systems Supervisor
Construction Superintendent
Custodial Supervisor
Facilities Maintenance Manager
Fleet Manager/BWP
Fleet Superintendent
Landfill Supervisor
Public Works Supervisor
Recycling Coordinator
Recycling Specialist
Solid Waste Supervisor
Traffic Signal Maintenance Supervisor
Transportation Management Center Manager
INFORMATION SYSTEMS ANALYST III
Applications Development Analyst II
Applications Development Analyst III
Applications Development Analyst IV
Database Administrator I
Database Administrator II
Database Administrator III
Information Security Analyst
Information Systems Analyst II
Information Systems Analyst IV
Network Support Analyst II
Network Support Analyst III
Network Support Analyst IV
Operating Systems Analyst I
Operating Systems Analyst II
Operating Systems Analyst III
Technical Support Analyst III
Technical Support Analyst IV
JAIL MANAGER
POLICE COMMUNICATIONS MANAGER
PLAN CHECK ENGINEER
POLICE RECORDS MANAGER
Animal Shelter Superintendent
Exhibit C - Survey Methodology
BMA MOU Page 83
Jail Manager
Senior Rangemaster/Armorer
Veterinarian
Records Manager
PURCHASING MANAGER
Senior Buyer
REAL ESTATE & PROJECT MANAGER
Economic Development Manager
Grants Coordinator
Housing Authority Manager
Housing Development Manager
Redevelopment Project Manager
Transportation Services Manager
RECREATION SERVICES MANAGER
SENIOR PLAN CHECK ENGINEER
Plan Check Manager
Principal Plan Check Engineer
Plan Check Engineer
SENIOR PLANNER
Deputy City Planner
Principal Planner
Parking Analyst
Planning Manager
Transportation Planning Manager
Principal Transportation Manager
Senior Transportation Planner
STATION MANAGER/SENIOR PRODUCER
Video Production Supervisor
SUPERVISING CONSTRUCTION INSPECTOR
SUPERVISING LIBRARIAN
TRANSPORTATION MANAGEMENT CENTER MANAGER
VETERINARIAN*
*Additional agencies surveyed: Irvine, City of Los Angeles, Los Angeles County, Orange County, Riverside County.
VIDEO PRODUCTION SUPERVISOR*
*Additional agencies surveyed: City of Menifee.
WORKERS’ COMPENSATION COORDINATORREPRESENTATIVE III
Liability Claims Coordinator
Environmental, Health, and Safety Coordinator
Environmental, Health, and Safety Officer
Records Manager
Exhibit C - Survey Methodology
BMA MOU Page 84
WORKERS' COMPENSATION ADMINISTRATOR
SECTION BC
PARAMETERS FOR SALARY UNIVERSAL LEAVE SURVEY
TO BE PROVIDED TO BMA FOR NEGOTIATIONS IN PRIOR TO FY 20222025/2326
In preparation for FY 2022/232025/26 negotiations, the City shall conduct a Universal Leave salary survey subject to the following:
a) The survey is for purposes of study and negotiations and shall not trigger any automatic adjustments;
b) Pursuant to Article VI, Section K of this MOU, Universal Leave was implemented on January 11, 2009, and replaced t he accrual of vacation, sick , floating holidays, and management leaves. As such, the City will survey the total accrual and usage of comparable leave types at other agencies in the Ci ty’s salary surveys.
a) The survey provided by the City will use the benchmarks, tie s, and comparable classifications that were agreed upon during negotiations leading up to this MOU, or as agreed to for the survey conducted for the July 1, 2021 s alary increases, if different pursuant to Exhibit C, Section A.
b) For any of the benchmarks, if a classification from a survey agency that was used as comparable is eliminated or reclassified since the completion of the survey for the July 1, 2021 salary increase, the City will use its best professional judgement to choose an appropriate replacement. If the City and BMA were unable to come to agreement on the replacement comparable titles from survey cities discussion in Exhibit C, Section A.5.A, t he City will use its best profess ional judgement to choose an appropriate replacement.
c) The survey will be completed an d supplied to the Association no later than April 1, 2022 (three months pri or to the end of the contract te rm) for review and validation of comparative su rveyed positions’ details. This survey will include salaries that are in effect as of July 15, 2022 or soon er and that are publically available by April 1, 2022.
Exhibit D – Issues to be Discussed by the Joint Labor Management Committee During the Term of the MOU
BMA MOU
EXHIBIT D
ISSUES TO BE DISCUSSED BY THE JOINT LABOR MANAGEMENT COMMITTEE
DURING THE TERM OF THE MOU
1. The City and BMA agree to informally discuss the movement of non- economic positions between bargaining groups and final implementation of the FLSA audit.adding or removing titles from BMA representatio n subject to mutual agreement.
2. The City and BMA agree to cont inue to discuss the previously suspended Merit Pay Plan.
3.2. The City and BMA agree to discuss updating the current BMA performance evaluation form.
The City and BMA agree to discuss the agencies that are include d as part of the Utility survey.
Exhibit E - Mediation of Grievances and Arbitrations
BMA MOU Page 86
EXHIBIT E
MEDIATION OF GRIEVANCES AND ARBITRATIONS
1. Initiation of Mediation
Prior to requesting arbitration for a grievance or discipline, the BMA or the City may request that the grievance be submitted to mediation, pursu ant to the provisions of this section of the MOU. If both the BMA and the City agree, the matter may be submitted to mediation.
2. Appointment of Mediator
The parties may agree upon a medi ator. In the event the parties cannot agree on a mediator they shall appoint a mediator from the list of se ven arbitrators from the California State Mediation and Conciliation Service in the same manner as for the arbitrations.
3. Qualifications of Mediator
Prior to accepting an appointmen t, the prospective mediator sha ll disclose any circumstance likely to create a pr esumption of bias or prevent a prompt meeting with the parties.
4. Vacancies
If any mediator shall become unwilling or unable to serve, the parties will appoint another mediator as provided for in Article XIII, Section B.4 or Article XIV.D.2.
5. Representation
Persons of the party's choice may represent any party.
6. Date, Time and Pl ace of Mediation
The mediator shall fix the date and the time of each mediation session. The mediation shall be held in the City of Burbank.
7. Identification of Matters in Dispute
At least ten (10) days prior to the first scheduled mediation s ession, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretio n of the mediator, the parties may mutually exchange such memoranda.
At the first session, the parties will be expected to produce a ll information Exhibit E - Mediation of Grievances and Arbitrations
BMA MOU Page 87
reasonably required for the mediator to understand the issues presented.
The mediator may require any party to supplement such information.
8. Authority of Mediator
The mediator does not have the authority to impose a settlement on the parties but will attempt to help them reach a satisfactory resolution o f their dispute. The mediator is authorized to conduct joint and separate meetings w ith the parties and to make oral and written recommendations for settlement. Wh enever necessary, the mediator may also obtain expert advice concernin g technical aspects of the dispute, provided that the parties agree and ass ume the expenses of obtaining such advice. Arrangements for obtaining such advic e shall be made by the mediator or the parties, as the mediator shall determine.
The mediator is authorized to end the mediation whenever, in the judgment of the mediator, further efforts at mediation would not contribute to a resolution of the dispute between the parties.
9. Privacy
Mediation sessions are private. The parties and their represent atives may attend mediation sessions. Other pers ons may attend only with the perm ission of the parties and with the consent of the mediator.
10. Confidentiality
The mediator shall not divulge confidential information disclosed to a mediator by the parties or by witnesses in t he course of the mediation. All records, reports, or other documents received by a medi ator while serving in that ca pacity shall be confidential, and shall not be subject to discovery or release, except as provided for in Appendix J. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceedi ng or judicial forum.
Matters discussed in mediation sh all be considered confidential and privileged to the maximum extent of California law.
The parties shall maintain the c onfidentiality of the mediation and shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding:
a. Views expressed or suggestions made by another party with re spect to a possible settlement of the dispute;
b. Admissions made by another party in the course of the mediat ion proceedings;
c. Proposals made or views exp ressed by the mediator; or
d. The fact that another party had or had not indicated willing ness to Exhibit E - Mediation of Grievances and Arbitrations
BMA MOU Page 88
accept a proposal for settlement made by the mediator.
11. Written Agreement
A written agreement reached by the parties in the course of the m e d i a t i o n i s admissible in any subsequent proceeding to enforce its terms.
12. No Stenographic Record
There shall be no stenographic record of the mediation process.
13. Termination of Mediation
The mediation shall be terminated:
a. By the execution of a settlement agreement by the parties;
b. By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or
c. By a written declaration of a party or parties to the effect that the mediation proceedings are terminated.
14. Exclusion of Liability
The mediator is not a necessary party in judicial proceedings r elating to the mediation.
The mediator shall not be liable to any party for any act or omission in connection with any mediation conducted under these rules.
15. Interpretation and Application of Rules
The mediator shall interpret and apply these rules insofar as they relate to the mediator's duties and responsibilities.
16. Expenses
The party producing any witness shall pay that witness' expense s. All other expenses of the mediation (incl uding required traveling and oth er expenses of the mediator and the cost of any proofs or expert advice produc ed at the direct request of the mediator) shall be borne equally by the parties unless they agree otherwise.
Exhibit F - Arbitration Rules and Procedures
BMA MOU Page 89
EXHIBIT F
ARBITRATION RULES AND PROCEDURES
1. Joint Submission Statement:
Ten (10) days prior to the hearing by an arbitrator, representa tives of the parties shall meet and prepare a submi ssion statement setting forth the issues to be submitted to the arbitrator and exchange evidentiary documents. In the event the parties cannot jointly agree on a submission statement then at the hearing each party shall present to the arbitr ator its own submission statem ent in which case the arbitrator shall determine the issues to be resolved.
2. Discovery, Hearing and Authority of the Arbitrator
a. Except for Code of Civil Procedure Section 1282.6 relating t o the power to issue subpoenas and Code of Civil Procedure Section 1284, relat ing to the correction of awards, the provisions of the Code of Civil P rocedure dealing with arbitrations (CCP Sections 1282 – 1284.3) shall no t apply to arbitrations conducted pursuant to this Memorandum of Understan ding.
The grievant and the City shall disclose all information to eac h other pertaining to the grievance or d iscipline. The arbitrator shall h a v e jurisdiction over all aspects of the arbitration including evid entiary rulings and discovery requests.
b. Employees called as witnesses during the course of the arbit ration hearing shall be released for that purpose without loss of compensation o r benefits. Witnesses will be subject to subpoena issued by the a rbitrator, at the request of either the BMA or the City, and enforceable by the City.
c. The fee and expenses of the arbitrator and the cost of a wri tten transcript, including the cost of the cour t reporter, shall be borne equall y by the parties. In the event the Association is not the grievant in th e grievance or arbitration, the indi vidual employee or group of employees shal l be responsible for their share of the fees and expenses of the arbitrator and court reporter.
Exhibit G – BMA Salaries
BMA MOU Page 90
EXHIBIT G
BMA SALARIES
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Classification
Current
Range Top
(Monthly)
7/1/22*
Range &
In‐Pocket
% Incr.
7/1/22*
New
Range Top
(Monthly)
7/1/23
Range &
In‐Pocket
% Incr.
7/1/23
New
Range Top
(Monthly)
7/1/24
Range &
In‐Pocket
% Incr.
7/1/24
New
Range Top
(Monthly)
Accounting & Audit
Manager $13,087.17 4.31% $13,651.21 3.00% $14,060.76 3.00% $14,482.59 Administrative Analyst I (M) $6,147.90 4.97% $6,453.44 3.00% $6,647.05 3.00% $6,846.47 Administrative Analyst II (M) $7,891.02 4.97% $8,283.21 3.00% $8,531.71 3.00% $8,787.65 Administrative Technician $7,097.35 4.97% $7,450.08 3.00% $7,673.60 3.00% $7,903.81 Animal Shelter
Superintendent $9,991.37 10.18% $11,008.49 3.00% $11,338.75 3.00% $11,678.92 Applications Development
Analyst II $8,022.65 5.83% $8,490.37 3.00% $8,745.08 3.00% $9,007.44 Applications Development
Analyst III $10,013.38 5.83% $10,597.17 3.00% $10,915.08 3.00% $11,242.53 Applications Development
Analyst IV $11,867.35 5.83% $12,559.21 3.00% $12,936.00 3.00% $13,324.07 Assistant Fire Marshal $9,860.15 3.89% $10,243.72 3.00% $10,551.04 3.00% $10,867.57 Assistant Manager Customer
Service Operations $10,423.51 8.00% $11,257.39 3.00% $11,595.11 3.00% $11,942.97 Assistant Power Production
Superintendent $14,001.33 13.96% $15,955.92 3.00% $16,434.60 3.00% $16,927.65 Building Administration
Manager $9,494.55 3.89% $9,863.88 3.00% $10,159.80 3.00% $10,464.59 Building Inspection Manager $9,860.15 3.89% $10,243.72 3.00% $10,551.04 3.00% $10,867.57 Building Inspector II $7,506.29 3.89% $7,798.29 3.00% $8,032.25 3.00% $8,273.22 Building Inspector III $8,324.55 3.89% $8,648.38 3.00% $8,907.84 3.00% $9,175.08 Civil Engineer/BWP $10,041.24 9.78% $11,023.29 3.00% $11,353.98 3.00% $11,694.61 Code Enforcement Manager $9,526.49 3.89% $9,897.07 3.00% $10,193.99 3.00% $10,499.82 Collections Systems
Supervisor $9,249.87 6.27% $9,829.84 3.00% $10,124.75 3.00% $10,428.49 Communications Network
Engineer $11,901.13 4.60% $12,448.58 3.00% $12,822.05 3.00% $13,206.72 Construction Inspection
Manager $9,143.49 12.09% $10,248.94 3.00% $10,556.41 3.00% $10,873.11 Construction
Superintendent $9,141.06 2.18% $9,340.33 3.00% $9,620.54 3.00% $9,909.16 Crime Analyst $7,564.22 7.35% $8,120.19 3.00% $8,363.79 3.00% $8,614.71 Custodial Supervisor $6,359.84 7.96% $6,866.08 3.00% $7,072.07 3.00% $7,284.23 Data Engineer $10,812.04 5.83% $11,442.38 3.00% $11,785.65 3.00% $12,139.23
Exhibit G – BMA Salaries
BMA MOU Page 91
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Classification
Current
Range Top
(Monthly)
7/1/22*
Range &
In‐Pocket
% Incr.
7/1/22*
New
Range Top
(Monthly)
7/1/23
Range &
In‐Pocket
% Incr.
7/1/23
New
Range Top
(Monthly)
7/1/24
Range &
In‐Pocket
% Incr.
7/1/24
New
Range Top
(Monthly)
Database Administrator I $10,297.17 5.83% $10,897.49 3.00% $11,224.42 3.00% $11,561.16 Database Administrator II $11,740.26 5.83% $12,424.71 3.00% $12,797.44 3.00% $13,181.37 Database Administrator III $13,350.74 5.83% $14,129.09 3.00% $14,552.96 3.00% $14,989.54 Deputy Building Official $13,634.47 3.89% $14,164.84 3.00% $14,589.79 3.00% $15,027.48 Economic Development
Manager $11,400.33 15.75% $13,195.89 3.00% $13,591.76 3.00% $13,999.51 Electrical Engineer $10,921.04 4.60% $11,423.40 3.00% $11,766.11 3.00% $12,119.10 EMS Nurse Specialist $10,594.03 5.49% $11,175.65 3.00% $11,510.92 3.00% $11,856.24 Energy Services & Utility
Rates Manager $13,707.94 5.44% $14,453.64 3.00% $14,887.25 3.00% $15,333.87 Energy/Trader Scheduler $15,541.50 4.60% $16,256.41 3.00% $16,744.11 3.00% $17,246.43 Environmental & Safety
Manager $12,601.18 4.60% $13,180.83 3.00% $13,576.25 3.00% $13,983.54 Environmental Engineer $10,921.02 10.66% $12,085.19 3.00% $12,447.74 3.00% $12,821.16 Environmental, Health, and
Safety Coordinator $8,486.66 4.33% $8,854.13 3.00% $9,119.76 3.00% $9,393.35 Environmental, Health, and
Safety Officer $10,069.11 4.33% $10,505.11 3.00% $10,820.27 3.00% $11,144.88 Facilities Maintenance
Manager $9,141.04 13.78% $10,400.67 3.00% $10,712.69 3.00% $11,034.08 Financial Accounting
Manager/BWP $13,707.94 5.44% $14,453.64 3.00% $14,887.25 3.00% $15,333.87 Financial Analyst $10,185.80 5.44% $10,739.91 3.00% $11,062.11 3.00% $11,393.98 Financial Planning & Risk
Manager $15,215.85 5.44% $16,043.58 3.00% $16,524.89 3.00% $17,020.64 Financial Systems Manager $13,087.17 4.31% $13,651.21 3.00% $14,060.76 3.00% $14,482.59 Fleet Manager/BWP $9,690.37 18.08% $11,442.38 3.00% $11,785.65 3.00% $12,139.23 Fleet Services Supervisor $8,809.43 15.89% $10,209.25 3.00% $10,515.53 3.00% $10,830.99 Fleet Superintendent $9,782.37 15.89% $11,336.78 3.00% $11,676.88 3.00% $12,027.19 Grants Coordinator $9,881.15 5.53% $10,427.58 3.00% $10,740.41 3.00% $11,062.61 Housing Authority Manager $12,930.99 5.53% $13,646.08 3.00% $14,055.47 3.00% $14,477.13 Housing Development
Manager $11,185.27 5.53% $11,803.81 3.00% $12,157.93 3.00% $12,522.66 Information Security Analyst $11,867.35 5.83% $12,559.21 3.00% $12,936.00 3.00% $13,324.07 Information Systems Analyst
II $8,022.65 5.83% $8,490.37 3.00% $8,745.08 3.00% $9,007.44 Information Systems Analyst
III $10,013.38 5.83% $10,597.17 3.00% $10,915.08 3.00% $11,242.53
Exhibit G – BMA Salaries
BMA MOU Page 92
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Classification
Current
Range Top
(Monthly)
7/1/22*
Range &
In‐Pocket
% Incr.
7/1/22*
New
Range Top
(Monthly)
7/1/23
Range &
In‐Pocket
% Incr.
7/1/23
New
Range Top
(Monthly)
7/1/24
Range &
In‐Pocket
% Incr.
7/1/24
New
Range Top
(Monthly)
Information Systems Analyst
IV $11,867.35 5.83% $12,559.21 3.00% $12,936.00 3.00% $13,324.07 Jail Manager $9,840.94 7.52% $10,580.98 3.00% $10,898.42 3.00% $11,225.37 Land Surveyor $9,292.03 6.14% $9,862.56 3.00% $10,158.44 3.00% $10,463.20 Landfill Supervisor $8,809.43 15.89% $10,209.25 3.00% $10,515.53 3.00% $10,830.99 Lead Data Engineer $12,327.27 5.83% $13,045.96 3.00% $13,437.34 3.00% $13,840.47 Lead Systems Engineer $11,980.24 0.00% $11,980.24 3.00% $12,339.64 3.00% $12,709.84 Lead Technology Product
Manager $11,214.99 5.00% $11,775.75 3.00% $12,129.02 3.00% $12,492.89 Legislative Analyst $9,076.73 11.39% $10,110.58 3.00% $10,413.89 3.00% $10,726.30 Liability Claims Coordinator $7,203.39 4.33% $7,515.30 3.00% $7,740.76 3.00% $7,972.99 Management Intern (M) $4,145.09 4.97% $4,351.10 3.00% $4,481.64 3.00% $4,616.08 Manager Communications
Systems $14,235.74 2.54% $14,597.33 3.00% $15,035.26 3.00% $15,486.32 Manager Customer Service
Operations $11,809.83 8.00% $12,754.63 3.00% $13,137.26 3.00% $13,531.38 Manager Electrical
Distribution $16,290.28 2.50% $16,697.53 3.00% $17,198.46 3.00% $17,714.41 Manager Electrical
Distribution ‐ G $17,267.19 2.50% $17,698.87 3.00% $18,229.84 3.00% $18,776.72 Manager Electrical
Equipment $15,000.27 2.54% $15,381.28 3.00% $15,842.71 3.00% $16,317.99 Manager Energy Control
Center $16,801.63 4.60% $17,574.51 3.00% $18,101.74 3.00% $18,644.80 Manager Security Systems $14,001.33 4.60% $14,645.39 3.00% $15,084.75 3.00% $15,537.30 Manager Technology $16,145.34 0.00% $16,145.34 3.00% $16,629.71 3.00% $17,128.61 Manager
Telecommunications $14,001.33 4.60% $14,645.39 3.00% $15,084.75 3.00% $15,537.30 Manager Transmission &
Distribution Engineering $16,801.63 4.60% $17,574.51 3.00% $18,101.74 3.00% $18,644.80 Manager Water
Engineering/Planning $14,533.42 6.14% $15,425.76 3.00% $15,888.54 3.00% $16,365.20 Manager Water
Production/Operations $14,130.55 11.10% $15,699.04 3.00% $16,170.01 3.00% $16,655.10 Marketing Associate $10,631.47 9.92% $11,686.11 3.00% $12,036.70 3.00% $12,397.80 Marketing Manager $11,986.67 9.92% $13,175.76 3.00% $13,571.03 3.00% $13,978.16 Network Support Analyst II $8,022.63 5.83% $8,490.34 3.00% $8,745.06 3.00% $9,007.42 Network Support Analyst III $10,013.38 5.83% $10,597.17 3.00% $10,915.08 3.00% $11,242.53 Network Support Analyst IV $11,867.33 5.83% $12,559.19 3.00% $12,935.98 3.00% $13,324.05 Operating Systems Analyst I $7,579.13 5.83% $8,021.00 3.00% $8,261.63 3.00% $8,509.48 Exhibit G – BMA Salaries
BMA MOU Page 93
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Classification
Current
Range Top
(Monthly)
7/1/22*
Range &
In‐Pocket
% Incr.
7/1/22*
New
Range Top
(Monthly)
7/1/23
Range &
In‐Pocket
% Incr.
7/1/23
New
Range Top
(Monthly)
7/1/24
Range &
In‐Pocket
% Incr.
7/1/24
New
Range Top
(Monthly)
Operating Systems Analyst II $8,638.37 5.83% $9,141.99 3.00% $9,416.25 3.00% $9,698.74 Operating Systems Analyst
III $9,703.01 5.83% $10,268.70 3.00% $10,576.76 3.00% $10,894.07 Parking Analyst $8,397.74 3.74% $8,711.82 3.00% $8,973.19 3.00% $9,242.37 Plan Check Engineer $8,539.64 10.72% $9,455.07 3.00% $9,738.73 3.00% $10,030.89 Plan Check Manager $11,955.73 10.72% $13,237.38 3.00% $13,634.51 3.00% $14,043.55 Planning Manager $13,631.71 3.74% $14,141.53 3.00% $14,565.79 3.00% $15,002.76 Police Communications
Manager $9,172.48 15.47% $10,591.45 3.00% $10,909.19 3.00% $11,236.46 Police Records Manager $10,251.82 3.09% $10,568.61 3.00% $10,885.66 3.00% $11,212.22 Power Production Engineer $12,549.42 10.66% $13,887.19 3.00% $14,303.79 3.00% $14,732.90 Power Production Manager $16,801.63 10.66% $18,592.69 3.00% $19,150.47 3.00% $19,724.99 Power Resources Manager $16,801.63 4.60% $17,574.51 3.00% $18,101.74 3.00% $18,644.80 Principal Accountant $10,002.96 1.75% $10,178.00 3.00% $10,483.35 3.00% $10,797.84 Principal Civil Engineer (M) $13,212.16 6.14% $14,023.38 3.00% $14,444.08 3.00% $14,877.42 Principal Civil Engineer/BWP $13,212.16 6.14% $14,023.38 3.00% $14,444.08 3.00% $14,877.42 Principal Communications
Network Engineer $14,001.33 4.60% $14,645.39 3.00% $15,084.75 3.00% $15,537.30 Principal Data Engineer $14,018.27 5.83% $14,835.54 3.00% $15,280.61 3.00% $15,739.04 Principal Electrical Engineer $14,001.33 4.60% $14,645.39 3.00% $15,084.75 3.00% $15,537.30 Principal Engineer – Traffic $13,212.16 6.14% $14,023.38 3.00% $14,444.08 3.00% $14,877.42 Principal GIS Specialist $11,082.83 0.00% $11,082.83 3.00% $11,415.30 3.00% $11,757.76 Principal Plan Check
Engineer $11,124.62 10.72% $12,317.18 3.00% $12,686.70 3.00% $13,067.30 Principal Planner $11,229.86 3.74% $11,649.84 3.00% $11,999.35 3.00% $12,359.32 Principal Power Engineer $14,001.33 4.60% $14,645.39 3.00% $15,084.75 3.00% $15,537.30 Principal Power Resources
Planner $14,001.33 4.60% $14,645.39 3.00% $15,084.75 3.00% $15,537.30 Principal Power Systems
Operator $14,982.39 5.67% $15,831.90 3.00% $16,306.85 3.00% $16,796.07 Principal Systems Engineer $14,001.33 0.00% $14,001.33 3.00% $14,421.36 3.00% $14,854.00 Principal Technology
Product Manager $13,291.44 5.00% $13,956.02 3.00% $14,374.71 3.00% $14,805.94 Principal Transportation
Planner $11,229.86 3.74% $11,649.84 3.00% $11,999.35 3.00% $12,359.32 Principal Utility Accounting
Analyst $10,185.80 5.44% $10,739.91 3.00% $11,062.11 3.00% $11,393.98 Public Information Specialist $9,174.17 4.97% $9,630.12 3.00% $9,919.02 3.00% $10,216.59 Exhibit G – BMA Salaries
BMA MOU Page 94
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Classification
Current
Range Top
(Monthly)
7/1/22*
Range &
In‐Pocket
% Incr.
7/1/22*
New
Range Top
(Monthly)
7/1/23
Range &
In‐Pocket
% Incr.
7/1/23
New
Range Top
(Monthly)
7/1/24
Range &
In‐Pocket
% Incr.
7/1/24
New
Range Top
(Monthly)
Public Works Supervisor $8,809.43 15.89% $10,209.25 3.00% $10,515.53 3.00% $10,830.99 Purchasing Manager $11,729.84 3.73% $12,167.35 3.00% $12,532.37 3.00% $12,908.35 Real Estate & Project
Manager $11,185.27 5.53% $11,803.81 3.00% $12,157.93 3.00% $12,522.66 Records Manager $8,220.57 3.09% $8,474.59 3.00% $8,728.83 3.00% $8,990.69 Recreation Services
Manager $9,882.95 4.35% $10,312.86 3.00% $10,622.24 3.00% $10,940.91 Recycling Coordinator $10,091.58 4.97% $10,593.14 3.00% $10,910.92 3.00% $11,238.24 Recycling Specialist $7,741.33 4.97% $8,126.06 3.00% $8,369.83 3.00% $8,620.93 Redevelopment Project
Manager $12,077.87 5.53% $12,745.76 3.00% $13,128.14 3.00% $13,521.97 Senior Administrative
Analyst (M) $9,174.17 4.97% $9,630.12 3.00% $9,919.02 3.00% $10,216.59 Senior Buyer $10,438.48 3.73% $10,827.83 3.00% $11,152.66 3.00% $11,487.23 Senior Civil Engineer $11,692.83 9.78% $12,836.40 3.00% $13,221.48 3.00% $13,618.13 Senior Civil Engineer
Associate $9,644.18 9.78% $10,587.37 3.00% $10,904.99 3.00% $11,232.13 Senior Civil Engineer/BWP $11,692.83 9.78% $12,836.40 3.00% $13,221.48 3.00% $13,618.13 Senior Collections Specialist $8,024.99 4.97% $8,423.83 3.00% $8,676.55 3.00% $8,936.85 Senior Electrical Engineer $12,601.23 4.60% $13,180.87 3.00% $13,576.29 3.00% $13,983.58 Senior Engineer ‐ Traffic $11,692.83 9.78% $12,836.40 3.00% $13,221.48 3.00% $13,618.13 Senior Plan Check Engineer $10,396.84 10.72% $11,511.37 3.00% $11,856.72 3.00% $12,212.42 Senior Planner $10,387.09 3.74% $10,775.57 3.00% $11,098.84 3.00% $11,431.81 Senior
Rangemaster/Armorer $8,976.28 3.09% $9,253.66 3.00% $9,531.28 3.00% $9,817.21 Senior Transportation
Planner $10,387.09 3.74% $10,775.57 3.00% $11,098.84 3.00% $11,431.81 Senior Utility Accounting
Analyst $9,249.48 5.44% $9,752.64 3.00% $10,045.23 3.00% $10,346.59 Solid Waste Supervisor $8,809.43 15.89% $10,209.25 3.00% $10,515.53 3.00% $10,830.99 Senior Environmental
Engineer $12,601.23 10.66% $13,944.52 3.00% $14,362.86 3.00% $14,793.74 Supervising Librarian $8,206.38 8.45% $8,899.82 3.00% $9,166.82 3.00% $9,441.84 Systems Engineer $10,320.40 0.00% $10,320.40 3.00% $10,630.01 3.00% $10,948.90 Technical Support Analyst III $7,647.40 5.83% $8,093.24 3.00% $8,336.03 3.00% $8,586.11 Technical Support Analyst IV $9,301.65 5.83% $9,843.95 3.00% $10,139.26 3.00% $10,443.44 Technology Product
Manager $8,985.41 8.50% $9,749.16 3.00% $10,041.63 3.00% $10,342.89 Traffic Engineering Manager $14,029.34 6.14% $14,890.74 3.00% $15,337.47 3.00% $15,797.58 Traffic Signal Maint Supv $8,809.80 15.89% $10,209.68 3.00% $10,515.96 3.00% $10,831.45 Exhibit G – BMA Salaries
BMA MOU Page 95
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Classification
Current
Range Top
(Monthly)
7/1/22*
Range &
In‐Pocket
% Incr.
7/1/22*
New
Range Top
(Monthly)
7/1/23
Range &
In‐Pocket
% Incr.
7/1/23
New
Range Top
(Monthly)
7/1/24
Range &
In‐Pocket
% Incr.
7/1/24
New
Range Top
(Monthly)
Transportation
Management Center
Manager
$10,403.27 2.58% $10,671.68 3.00% $10,991.83 3.00% $11,321.57 Transportation Planning
Manager $13,631.71 3.74% $14,141.53 3.00% $14,565.79 3.00% $15,002.76 Transportation Services
Manager $11,631.06 5.53% $12,274.25 3.00% $12,642.48 3.00% $13,021.75 Veterinarian $12,357.87 2.43% $12,658.17 3.00% $13,037.92 3.00% $13,429.07 Video Production Supervisor $7,939.64 8.75% $8,634.36 3.00% $8,893.39 3.00% $9,160.19 Warehouse Manager/BWP $10,319.55 13.25% $11,686.89 3.00% $12,037.50 3.00% $12,398.62 Water
Maintenance/Construction
Superintendent
$14,130.55 11.10% $15,699.04 3.00% $16,170.01 3.00% $16,655.10 Workers' Compensation
Administrator $11,161.30 3.53% $11,555.29 3.00% $11,901.96 3.00% $12,259.02 Workers' Compensation
Representative III $7,829.12 4.33% $8,168.12 3.00% $8,413.17 3.00% $8,665.56
*For any classification established after 7/1/22, increases and monthly range tops listed in columns 3 and 4 shall be effective no sooner than the date the classification was established, or the first date of employment within the classification, whichever is later.
Subsequent increases and monthly range tops will apply according to effective dates listed in Columns 5-8.
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Classification
Current
Range Top
(Monthly)
04/07/19
Range &
In‐Pocket
% Incr.
04/07/19
New Range Top
(Monthly)
12/01/19
Range &
In‐Pocket
% Incr.
12/01/19
New Range Top
(Monthly)
Accounting & Audit Manager $12,277.03 1.60% $12,473.22 0.83% $12,576.50 Administrative Analyst I (M) $5,665.53 3.08% $5,839.97 1.57% $5,931.84 Administrative Analyst II (M) $7,271.90 3.08% $7,495.80 1.57% $7,613.71 Administrative Technician $6,540.50 3.08% $6,741.89 1.57% $6,847.95 Animal Shelter Superintendent $9,184.41 2.95% $9,455.16 1.51% $9,597.75 Applications Development Analyst II $7,212.79 3.88% $7,492.51 1.97% $7,639.97 Applications Development Analyst III (M) $9,002.59 3.88% $9,351.70 1.97% $9,535.74 Applications Development Analyst IV $10,669.38 3.88% $11,083.15 1.97% $11,301.27 Ast Manager Customer Svs Operations $9,241.92 4.58% $9,665.65 2.31% $9,888.84 Ast Power Production Superintendent $13,422.91 0.31% $13,465.05 0.16% $13,486.74 Building Administration Manager $8,763.04 2.40% $8,973.71 1.24% $9,084.90 Building Inspector II $6,927.96 2.40% $7,094.51 1.24% $7,182.41 Building Inspector III $7,683.17 2.40% $7,867.88 1.24% $7,965.36 Exhibit G – BMA Salaries
BMA MOU Page 96
Building Inspection Manager $9,100.50 2.40% $9,319.27 1.24% $9,434.73 Civil Engineer‐BWP $9,567.96 1.78% $9,738.45 0.93% $9,828.63 Code Enforcement Manager $8,792.51 2.40% $9,003.89 1.24% $9,115.45 Collection Systems Supervisor $8,927.79 0.68% $8,988.59 0.36% $9,020.68 Communications Network Engineer $10,961.12 3.01% $11,290.72 1.53% $11,463.73 Construction Superintendent $8,822.78 0.68% $8,882.86 0.36% $8,914.58 Crime Analyst $6,913.57 3.35% $7,144.97 1.71% $7,266.94 Custodial Supervisor $6,138.41 0.68% $6,180.20 0.36% $6,202.26 Database Administrator I $9,257.71 3.88% $9,616.73 1.97% $9,805.99 Database Administrator II $10,555.13 3.88% $10,964.46 1.97% $11,180.24 Database Administrator III $12,003.03 3.88% $12,468.52 1.97% $12,713.89 Deputy Building Official $12,584.00 2.40% $12,886.51 1.24% $13,046.17 Deputy City Planner $11,930.95 2.44% $12,222.43 1.25% $12,375.33 Economic Development Manager $10,518.65 4.10% $10,949.92 2.07% $11,176.79 Electrical Engineer $10,201.43 2.05% $10,410.25 1.05% $10,519.67 EMS Nurse Specialist $10,356.34 0.17% $10,373.96 0.09% $10,383.19 Energy Trader‐Scheduler $14,899.43 0.31% $14,946.21 0.16% $14,970.28 Environmental Engineer $10,240.82 1.79% $10,423.81 0.92% $10,519.64 Environmental Health & Safety Coord $8,068.62 2.04% $8,233.55 1.05% $8,320.26 Environmental Health & Safety Officer $9,573.14 2.04% $9,768.81 1.05% $9,871.68 Environmental & Safety Manager $12,047.99 0.49% $12,107.38 0.25% $12,138.06 Facilities Maint Manager $8,822.75 0.68% $8,882.84 0.36% $8,914.56 Financial Accounting Manager‐BWP $13,439.16 0.00% $13,439.16 0.00% $13,439.16 Financial Analyst (M) $9,232.62 5.34% $9,725.28 2.53% $9,971.13 Financial Planning & Risk Manager $14,917.50 0.00% $14,917.50 0.00% $14,917.50 Financial Systems Manager $12,277.03 1.60% $12,473.22 0.83% $12,576.50 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Classification
Current
Range Top
(Monthly)
04/07/19
Range &
In‐Pocket
% Incr.
04/07/19
New Range Top
(Monthly)
12/01/19
Range &
In‐Pocket
% Incr.
12/01/19
New Range Top
(Monthly)
Fire Inspection Manager $9,100.50 2.40% $9,319.27 1.24% $9,434.73 Fleet Manager‐BWP $9,352.96 0.68% $9,416.66 0.36% $9,450.29 Fleet Services Supervisor $8,502.69 0.68% $8,560.59 0.36% $8,591.16 Fleet Superintendent $9,441.77 0.68% $9,506.08 0.36% $9,540.01 Grants Coordinator $9,116.97 4.10% $9,490.76 2.07% $9,687.41 Housing Authority Manager $11,930.95 4.10% $12,420.11 2.07% $12,677.45 Housing Development Manager $10,320.22 4.10% $10,743.35 2.07% $10,965.96 Information Security Analyst $10,669.38 3.88% $11,083.15 1.97% $11,301.27 Information Systems Analyst II $7,212.79 3.88% $7,492.51 1.97% $7,639.97 Information Systems Analyst III $9,002.59 3.88% $9,351.70 1.97% $9,535.74 Information Systems Analyst IV $10,669.38 3.88% $11,083.15 1.97% $11,301.27 Jail Manager $9,046.12 2.95% $9,312.79 1.51% $9,453.23 Land Surveyor $8,854.04 1.78% $9,011.82 0.93% $9,095.28 Landfill Supervisor $8,502.69 0.68% $8,560.59 0.36% $8,591.16 Legislative Analyst $8,476.33 3.12% $8,740.62 1.60% $8,880.11 Liability Claims Coord $6,848.57 2.04% $6,988.56 1.05% $7,062.14 Manager Communication Systems $11,940.37 1.44% $12,112.43 0.75% $12,203.04 Manager Customer Svs Operations $10,471.09 4.58% $10,951.18 2.31% $11,204.05 Exhibit G – BMA Salaries
BMA MOU Page 97
Manager Electrical Distribution $14,673.58 1.19% $14,847.60 0.62% $14,939.51 Manager Electrical Distribution‐G $15,554.00 1.19% $15,738.47 0.62% $15,835.89 Manager Electrical Equipment $13,650.54 1.22% $13,816.81 0.64% $13,904.82 Manager Energy Control Center $16,107.52 0.31% $16,158.09 0.16% $16,184.11 Manager Security Systems $13,422.91 0.31% $13,465.05 0.16% $13,486.74 Manager Technology $13,422.91 1.64% $13,643.59 0.85% $13,759.42 Manager Telecommunications $13,422.91 0.31% $13,465.05 0.16% $13,486.74 Manager Transmission & Dist Engineering $16,107.52 0.31% $16,158.09 0.16% $16,184.11 Manager Water Engineering‐Planning $13,848.38 1.78% $14,095.16 0.93% $14,225.68 Manager Water Prod‐Ops $11,945.16 4.52% $12,485.07 2.28% $12,769.36 Management Intern (M) $3,819.88 3.08% $3,937.48 1.57% $3,999.43 Marketing Associate $10,181.38 1.51% $10,335.43 0.79% $10,416.77 Marketing Manager $11,479.20 1.51% $11,652.88 0.79% $11,744.59 Network Support Analyst II $6,578.52 10.62% $7,277.16 4.99% $7,639.95 Network Support Analyst III $8,197.06 10.75% $9,078.25 5.04% $9,535.74 Network Support Analyst IV $10,262.96 6.68% $10,948.51 3.22% $11,301.25 Operating Systems Analyst I $6,814.06 3.88% $7,078.31 1.97% $7,217.60 Operating Systems Analyst II $7,766.35 3.88% $8,067.54 1.97% $8,226.31 Operating Systems Analyst III $8,723.54 3.88% $9,061.85 1.97% $9,240.18 Parking Analyst $7,717.49 2.44% $7,906.04 1.25% $8,004.95 Permit Coordinator $6,124.11 2.40% $6,271.33 1.24% $6,349.03 Plan Check Engineer $7,959.06 2.75% $8,178.02 1.41% $8,293.42 Plan Check Manager $9,822.74 10.61% $10,865.03 5.06% $11,414.26 Police Records Manager $9,423.85 2.95% $9,701.66 1.51% $9,847.96 Principal Accountant $11,328.50 1.60% $11,509.53 0.83% $11,604.82 Principal Civil Engineer (M) $12,589.42 1.78% $12,813.75 0.93% $12,932.40 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Classification
Current
Range Top
(Monthly)
04/07/19
Range &
In‐Pocket
% Incr.
04/07/19
New Range Top
(Monthly)
12/01/19
Range &
In‐Pocket
% Incr.
12/01/19
New Range Top
(Monthly)
Principal Civil Engineer ‐BWP $12,589.42 1.78% $12,813.75 0.93% $12,932.40 Principal Electrical Engineer $13,422.91 0.31% $13,465.05 0.16% $13,486.74 Principal Engineer‐Traffic $12,589.42 1.78% $12,813.75 0.93% $12,932.40 Principal Plan Check Engineer $9,822.74 4.15% $10,230.37 3.82% $10,620.78 Principal Planner $10,320.22 2.44% $10,572.34 1.25% $10,704.59 Principal Power Engineer $13,422.91 0.31% $13,465.05 0.16% $13,486.74 Principal Power System Operator $12,751.77 2.74% $13,101.68 1.41% $13,286.15 Principal Utility Accounting Analyst $9,231.86 5.25% $9,716.27 2.62% $9,971.13 Public Information Specialist $7,445.45 12.37% $8,366.58 5.80% $8,851.77 Purchasing Manager $10,535.07 6.00% $11,167.17 2.98% $11,499.84 Public Works Supervisor $8,502.69 0.68% $8,560.59 0.36% $8,591.16 Power Production Engineer $12,030.96 0.31% $12,068.75 0.16% $12,088.18 Power Production Manager $16,107.52 0.31% $16,158.09 0.16% $16,184.11 Power Resources Manager $16,107.52 0.31% $16,158.09 0.16% $16,184.11 Records Manager (M) $7,815.67 2.04% $7,975.41 1.05% $8,059.39 Real Estate & Project Manager $10,320.22 4.10% $10,743.35 2.07% $10,965.96 Recreation Services Manager $9,052.49 3.67% $9,385.16 1.86% $9,560.09 Recycling Coordinator $8,721.55 0.68% $8,780.94 0.36% $8,812.29 Exhibit G – BMA Salaries
BMA MOU Page 98
Recycling Specialist $7,471.77 0.68% $7,522.65 0.36% $7,549.51 Redevelopment Project Manager $11,143.80 4.10% $11,600.68 2.07% $11,841.05 Solid Waste Supervisor $8,502.69 0.68% $8,560.59 0.36% $8,591.16 Senior Administrative Analyst (M) $8,454.38 3.08% $8,714.68 1.57% $8,851.77 Senior Buyer $9,375.23 6.00% $9,937.74 2.98% $10,233.80 Senior Civil Engineer $11,141.67 1.78% $11,340.23 0.93% $11,445.24 Senior Civil Engineer‐BWP $11,141.67 1.78% $11,340.23 0.93% $11,445.24 Senior Civil Engineering Assoc $9,189.61 1.78% $9,353.37 0.93% $9,439.97 Senior Collections Specialist $7,395.38 3.08% $7,623.07 1.57% $7,742.97 Senior Electrical Engineer $12,080.64 0.31% $12,118.58 0.16% $12,138.10 Senior Engineer‐Traffic $11,141.67 1.78% $11,340.23 0.93% $11,445.24 Senior Environmental Engineer $12,080.64 0.31% $12,118.58 0.16% $12,138.10 Senior Plan Check Engineer $8,541.98 10.61% $9,448.36 5.06% $9,925.98 Senior Planner $9,545.71 2.44% $9,778.90 1.25% $9,901.23 Senior Rangemaster‐Armorer $8,251.32 2.95% $8,494.57 1.51% $8,622.66 Senior Utility Accounting Analyst $8,383.25 5.25% $8,823.12 2.62% $9,054.54 Station Manager‐Sr Producer $7,445.47 1.93% $7,589.31 1.00% $7,665.06 Supervising Construction Inspector $8,851.38 0.83% $8,925.02 0.44% $8,964.19 Supervising Librarian $7,573.45 3.50% $7,838.37 1.78% $7,977.67 Technical Support Analyst III $6,875.44 3.88% $7,142.07 1.97% $7,282.62 Technical Support Analyst IV $8,362.68 3.88% $8,686.99 1.97% $8,857.94 Traffic Signal Maint Supervisor $8,503.02 0.68% $8,560.93 0.36% $8,591.51 Transportation Mgt Center Manager $10,041.05 0.68% $10,109.43 0.36% $10,145.53 Transportation Services Manager $10,731.54 4.10% $11,171.53 2.07% $11,402.99 Utility Rates Manager $12,282.08 6.17% $13,039.89 3.06% $13,439.16 Veterinarian $10,760.43 2.95% $11,077.65 1.51% $11,244.70 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Classification
Current
Range Top
(Monthly)
04/07/19
Range &
In‐Pocket
% Incr.
04/07/19
New Range Top
(Monthly)
12/01/19
Range &
In‐Pocket
% Incr.
12/01/19
New Range Top
(Monthly)
Video Production Supervisor $7,358.59 1.93% $7,500.76 1.00% $7,575.62 Warehouse Manager‐BWP $10,115.28 0.01% $10,116.60 0.01% $10,117.21 Workers' Compensation Administrator $10,942.45 0.00% $10,942.45 0.00% $10,942.45 Workers' Compensation Coord $7,443.50 2.04% $7,595.64 1.05% $7,675.61 Water Maint‐Construction Superintendent $11,945.16 4.52% $12,485.07 2.28% $12,769.36 Index
BMA MOU Page 99
INDEX
A
ACCESS TO WORK LOCATIONS .............................................................................................................................................................. 54 ADVANCE IN SALARY UPON PROMOTION .............................................................................................................................................. 3 ALCOHOL ......................................................................................................................................................................................... 47–48 APPEAL ................................................................................................................................................................................ 45–46, 49–50 ARBITRATION ........................................................................................................................................................... 45–46, 49–50, 80–83 ASSOCIATION LEAVE ............................................................................................................................................................................. 57 ATTENDANCE ........................................................................................................................................................................................ 34 B
BENEFITS DURING LAYOFF .............................................................................................................................................................. 41–42 BILINGUAL BONUS .................................................................................................................................................................................. 7 BULLETIN BOARDS ................................................................................................................................................................................ 56 C
CALL BACK TO WORK ............................................................................................................................................................................ 33 CAMPAIGNING FOR OFFICE .................................................................................................................................................................. 54 CITY RIGHTS .......................................................................................................................................................................................... 58 CIVIL SERVICE BOARD MEETINGS .......................................................................................................................................................... 55 CONFIDENTIAL EMPLOYEES .............................................................................................................................................................. 1, 72 CONTRACTING OUT .............................................................................................................................................................................. 43 COST SHARING (CalPERS) ...................................................................................................................................................................... 18 CRAFT AND PROFESSIONAL LICENSES ................................................................................................................................................... 61 D
DEATH IN FAMILY .................................................................................................................................................................................. 28 DEMOTION ...................................................................................................................................................................................... 39–40 DEPARTMENTAL MEETINGS .................................................................................................................................................................. 51 DIFFERENTIAL PAY .................................................................................................................................................................................. 6 DISCIPLINARY HEARINGS....................................................................................................................................................................... 56 DISCIPLINE AND DISCHARGE ..................................................................................................................................................... 35, 47–50 DISCIPLINE PROCEDURES ...................................................................................................................................................................... 47 DISCRIMINATORY HARASSMENT .......................................................................................................................................................... 48 DISMISSAL ............................................................................................................................................................................................. 31 DISPLACEMENT ......................................................................................................................................................................... 35, 38–39 DUES DEDUCTION ................................................................................................................................................................................. 53 E
ELECTIONS............................................................................................................................................................................................. 30 EMERGENCY LEAVE ............................................................................................................................................................................... 29 EMPLOYEE ASSISTANCE PROGRAM (EAP) ............................................................................................................................................. 15 EMPLOYEE RIGHTS ................................................................................................................................................................................ 53 EVALUATIONS ..................................................................................................................................................................................... 4–6 EXPIRATION OF LEAVES ........................................................................................................................................................................ 31 EXTENSION OF PROBATION .................................................................................................................................................................. 35 F
FAILURE TO PERFORM EMPLOYEE EVALUATIONS .................................................................................................................................. 6 FAIR LABOR STANDARDS ACT (FLSA) .................................................................................................................................................... 65 FAMILY MEDICAL LEAVE ....................................................................................................................................................................... 31 FEE FOR REPRESENTATION ................................................................................................................................................................... 54 Index
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FINGERPRINTING .................................................................................................................................................................................. 61 FLEXIBLE BENEFIT PLAN ........................................................................................................................................................................ 11 FLOATING HOLIDAYS ............................................................................................................................................................................. 25 FRINGE BENEFIT CONTRIBUTION .................................................................................................................................................... 11, 60 G
GRIEVANCE PROCEDURE ................................................................................................................................................................. 45–46 H
HEALTH INSURANCE.............................................................................................................................................................................. 11 HOLIDAYS .............................................................................................................................................................................................. 21 HOURS OF WORK .................................................................................................................................................................................. 32 I
IMMEDIATE SUPERVISOR ...................................................................................................................................................................... 45 INDUSTRIAL ACCIDENT LEAVE ............................................................................................................................................................... 30 INITIAL SALARY ........................................................................................................................................................................................ 3 IN‐LIEU ACCUMULATION ...................................................................................................................................................................... 33 J
JURY ...................................................................................................................................................................................................... 28 L
LAYOFF ............................................................................................................................................................................................ 37–38 LEAVE OF ABSENCE ............................................................................................................................................................................... 28 LEAVE OF ABSENCE WITHOUT PAY ....................................................................................................................................................... 28 LIFE INSURANCE .................................................................................................................................................................................... 15 LIMITED DUTY ASSIGNMENTS ............................................................................................................................................................... 31 LONG TERM DISABILITY INSURANCE ..................................................................................................................................................... 15 M
MAJOR DISCIPLINE ................................................................................................................................................................................ 49 MANAGEMENT LEAVE .......................................................................................................................................................................... 29 MATERNITY LEAVE ....................................................................................................................................... See FAMILY MEDICAL LEAVE MEAL POLICY ......................................................................................................................................................................................... 33 MEDICARE ............................................................................................................................................................................................. 15 MEETINGS BETWEEN NEW EMPLOYEES AND A UNION OFFICER ......................................................................................................... 55 MEMBERSHIP LIST ................................................................................................................................................................................. 54 MERIT PAY PLAN ................................................................................................................................................................................... 62 MILEAGE REIMBURSEMENT .................................................................................................................................................................... 9 MILITARY LEAVE .................................................................................................................................................................................... 29 MINOR DISCIPLINE ................................................................................................................................................................................ 49 MOVEMENT WITHIN THE RANGE ........................................................................................................................................................... 3 N
NEPOTISM POLICY ................................................................................................................................................................................. 61 NON‐DISCRIMINATION ......................................................................................................................................................................... 44 O
OUT‐OF‐CLASS APPEAL ........................................................................................................................................................................... 9 OVERTIME ............................................................................................................................................................................................. 32 Index
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P
PART‐TIME EMPLOYEES .......................................................................................................................................................................... 1 PAST PRACTICES .................................................................................................................................................................................... 57 PAY DATES .............................................................................................................................................................................................. 6 PAY FOR UNION BUSINESS .................................................................................................................................................................... 57 PAY IN LIEU OF OVERTIME .................................................................................................................................................................... 33 PAYROLL DEDUCTIONS AND DUES ........................................................................................................................................................ 53 PERFORMANCE EVALUATIONS ............................................................................................................................................................... 4 PERMANENT INJURY ............................................................................................................................................................................. 31 PERS EMPLOYEE CONTRIBUTION .......................................................................................................................................................... 18 PERSONNEL FILES .................................................................................................................................................................................. 55 PRESCRIPTION LENS .............................................................................................................................................................................. 52 PROBATIONARY PERIOD ....................................................................................................................................................................... 35 PROFESSIONAL DEVELOPMENT ............................................................................................................................................................ 60 PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) .......................................................................................................................... 18–19 R
RECALL ............................................................................................................................................................................................ 40–41 RECOGNITION ......................................................................................................................................................................................... 1 RECRUITMENT AND SELECTION ............................................................................................................................................................ 64 REDUCTION IN PAY ................................................................................................................................................................................. 3 REINSTATEMENT OF PROBATIONARY EMPLOYEE ................................................................................................................................. 35 REINSTATEMENT RIGHTS DUE TO LAYOFF ............................................................................................................................................ 40 RELEASE TIME WITH PAY ...................................................................................................................................................................... 57 RELIGIOUS SERVICES ............................................................................................................................................................................. 29 REPRESENTATION ................................................................................................................................................................................. 56 REQUEST FOR ARBITRATION ................................................................................................................................................................. 49 RESIGNATION .................................................................................................................................................................................. 21, 33 REST PERIODS ....................................................................................................................................................................................... 32 RETIRED HEALTH SAVINGS (RHS) .......................................................................................................................................................... 20 RETIREMENT ............................................................................................................................................................................. 18, 23, 26 S
SAFETY .................................................................................................................................................................................................. 52 SAFETY EQUIPMENT.............................................................................................................................................................................. 52 SAFETY GLASSES .................................................................................................................................................................................... 52 SAFETY SHOES ....................................................................................................................................................................................... 52 SALARY SCHEDULE .................................................................................................................................................................................. 2 SENIORITY ....................................................................................................................................................................................... 31, 37 SHORT TERM DISABILITY INSURANCE ................................................................................................................................................... 15 SICK LEAVE ...................................................................................................................................................................................... 23, 41 SICK LEAVE ACCRUAL ............................................................................................................................................................................ 23 SICK LEAVE CONVERSION ...................................................................................................................................................................... 24 SICK LEAVE MEDICAL CERTIFICATE ....................................................................................................................................................... 24 SICK LEAVE MEDICAL OR DENTAL APPOINTMENTS .............................................................................................................................. 24 SICK LEAVE NOTICE ............................................................................................................................................................................... 24 SICK LEAVE REVOKED ............................................................................................................................................................................ 24 SICK LEAVE USAGE ................................................................................................................................................................................ 23 SICK LEAVE WITHOUT PAY .................................................................................................................................................................... 24 SOLICITATON OF MEMBERSHIP ............................................................................................................................................................ 55 STRIKES AND LOCKOUTS ....................................................................................................................................................................... 61 SURVIVORS BENEFITS ........................................................................................................................................................................... 19 SUSPENSION ............................................................................................................................................................................. 31, 48–50 T
TEMPORARY STATUS .............................................................................................................................................................................. 1 TERMINATION OF EMPLOYMENT ................................................................................................................................................... 21, 33 Index
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TRAINING ........................................................................................................................................................................................ 59–60 TUITION REIMBURSEMENT ................................................................................................................................................................... 16 U
UNAUTHORIZED ABSENCE .................................................................................................................................................................... 31 UNIFORMS ............................................................................................................................................................................................ 61 UNIVERSAL LEAVE ................................................................................................................................................................................. 25 UNUSED LEAVE ......................................................................................................................................................................... 23, 26–27 V
VACATION ............................................................................................................................................................................................. 21 VACATION ACCRUAL ............................................................................................................................................................................. 21 W
WORKERS' COMPENSATION ........................................................................................................................................................... 30–31 WORKING OUT‐OF‐CLASS ....................................................................................................................................................................... 7 Y
Y RATE ..................................................................................................................................................................................................... 6