AGEND
A
ITEM
4 ALEXIC,
AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: August 21, 2024
TO: Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager JAe
REVIEWED BY: Sandra Fonseca, Interim Finance Director 87 PREPARED BY: Denise Garcia, H.R./R.M. Manage pine asia
SUBJECT: Adoption of Resolution 2024- Approving a Memorandum of Understanding between the City of Calexico and the Calexico Municipal Employees' Association (CMEA) for the Term Beginning July 1, 2024, to June 30, 2025.
Recommendation:
Adopt Resolution 2024- Approving a Memorandum of Understanding between the City of Calexico and the Calexico Municipal Employees' Association (CMEA) for the term beginning July 1, 2024, to June 30, 2025.
Background:
The City agreed upon a Memorandum of Understanding with the CMEA on August 13, 2024, that will take effect retroactively on July 1, 2024, and will expire on June 30, 2025. City negotiators met and conferred in good faith with representatives of the CMEA concerning the terms and conditions of employment addressed in the MOU and agreed to the terms of this agreement.
Discussion and Analysis:
The attached Memorandum of Understanding is for the period beginning July 1, 2024, through June 30, 2025.
Fiscal Impact:
Total 2024-25 Fiscal Impact is $648.90.
Coordinated With:
City Administration
C.M.E.A. Representatives
Attachment(s):
1. Calexico Municipal Employees' Association MOU 2024-2025 and Salary Schedules
2. Resolution 2024 approving the adoption of the MOU between CMEA and the City of Calexico
2 ATTACHMENT NO. 1
ATTACHMENT 1
Memorandum Of Understanding
Between
Calexico Municipal
Employees' Association
(CMEA)
And
City Of Calexico
July 1, 2024
Through
June 30, 2025
CALEXICO California
КА Свін у м AND MEXICO MEET
1 Table of Contents
Article 1 - Recognition and Status of MOU ..5
Section 1 - Recognition.......... ..5
Section 2 - Ratification.............. ....5
Section 3 - Scope of Recognition..
Section 4 - Rules and Regulations.
Article 2 - Management Rights. ..5
Article 3 - Employee and Association Rights .6
Section 1 - Association Business.
Section 2 - Bulletin Boards...
Section 3 - Non-Discrimination...
Section 4 - Use of Facilities..
Section 5 - Union Mail Slot...
Section 6 - Notice Requirements.
Section 7 - Personnel Files..
Article 4 - Work Schedules...
Section 1 - Changes in Shift Assignments.
Section 2 - Rest Breaks
Section 3 - Meal Periods.
Section 4 - Alternate Hours/Days of Week.
Section 5 - End of Shift
Article 5 - Compensation and Overtime Pay..
Section 1 - Workweek
Section 2 - Hourly Rate. ..9
Section 3 - Overtime Rates. ..9
Section 4 - Compensatory Time Off ..9
Section 5 - Standby Time.. .9
Section 6 - Call-Back Pay.... ...9
Section 7 - Out-Of-Class Pay.... .10
Section 8 - Differential Pay..... .10
Section 9 - Report Time Guarantee.. ...10
Section 10 - Uniform Allowance. ..10
Section 11 - Merit and Longevity Increases.. .10
Section 12 - Professional Development Program.. 11
Section 13 - Confidential Pay.... .12
Section 14 - Cost-Of-Living Pay. .12
Section 15 - Salary Schedule.... ...12
Revised 8.13.2024
2 Article 6 - Resignation and Discipline. ...13
Section 1 - Resignation. ..13
Section 2 - Just Cause.. ..13
Section 3 - Appeal of Disciplinary Action. 13
Article 7 - Grievance Procedure ..13
Section 1 - Purpose. .13
Section 2 - Policy. 13
Section 3 - Definition. ...14
Section 4 - Informal Grievance Procedures. ..14
Section 5 - Formal Grievance Procedures.. ..14
Section 6 - Time Limits.... .17
Article 8 - Holidays... ..17
Section 1 - Observed Holidays... .....17
Section 2 - Weekend Holidays.. 17
Section 3 - Holiday Credit.. ..17
Section 4 - Paid Status Defined. 18
Section 5 - Additional Holidays. ..18
Section 6 - Holiday Records.. .18
Section 7 - Holiday Pay.. ..18
Article 9 - Sick Leave ..18
Section 1 - Sick Leave - Regulations 18
Section 2 - Sick Leave - Cash Compensation for Disability ..19 Section 3 - Cash Compensation Upon Separation from Employment 19 Section 4 - Additional Sick Leave.. 19
Section 5 - Return After Extended Illness. 19
Section 6 - Sick Leave Buy-Back Option.. ..19
Article 10 - Vacation 20
Section 1 - General Provisions.. .20
Section 2 - Number of Days.... 20
Section 3 - Permanent Part-Time.. ..20
Section 4 - Scheduling...... ..20
Section 5 - Accumulation........ 20
Section 6 - Separation From City.. ..20
Section 7 - Paid Vacation Restriction ..20
Section 8 - Vacation Liquidation.... 21
Article 11 - Other Leaves.... ...21
Section 1 - Bereavement Leave. 21
Section 2 - Jury Duty... 1
Section 3 - Unpaid Leave of Absence.
Section 4 - Military Leave.......
3 Article 12- Health Benefits... 22
Section 1 - Life Insurance........ 22
Section 2 - Group Medical/Dental/Vision Insurance. 22
Section 3 - Disability Insurance.. ...22
Section 4 - Employee Cafeteria Plan.. ..22
Section 5 - Waived Health Insurance Benefit.. ...23
Section 6 - Retiree Health Plan. ..23
Article 13 - Retirement Plan ...24
Section 1 - PERS Retirement... ...24
Section 2 - Social Security.... ..24
Article 14 - Agency Shop...... ..24
Section 1 - Check Off... .24
Section 2 - Dues Deduction.... ..25
Section 3 - Maintenance of Membership ...25
Section 4 - Representation Service Fee ..25
Article 15 - Probation... ..29
Section 1 - Probationary Period ..29
Article 16 - Savings, Zipper and Duration. ..29
Section 1 - Savings Clause. ...29
Section 2 - Zipper Clause. ...29
Section 3 - Term of MOU 29
Article 17 - Classification. ..30
Section 1 - Reclassification. ..30
Section 2 - Reclassification Procedure.. ...30
Section 3 - Effect. .30
Article 18 - Occupational Safety and Health. .30
Section 1 - General Provisions.. ..30
..30
Section 3- Riestig Rouse Unsafe/Unhealthful Work..
...30
Section 4 - No Discrimination... ..30
Section 5 - Health/Safety Committee. ..30
Article 19 - Labor-Management Committee ...31
MOU Contract Signatures..... ..31
4 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CALEXICO
AND THE CALEXICO MUNICIPAL EMPLOYEES' ASSOCIATION
(CMEA)
MOU TERM:
July 1, 2024 through June 30, 2025
This Memorandum of Understanding (MOU) is by and between the City of Calexico (City) and the Calexico Municipal Employees' Association (Association)(CMEA).
ARTICLE 1 - RECOGNITION AND STATUS OF MOU
Section 1- Recognition: The City recognizes the Association as the exclusive bargaining epresentative with respect to all matters relating to employment conditions and employer employee relations, including, but not limited to, wages, hours and other terms an conditions of employment pursuant to California Government Code Section 3500 et seq, for all of its employees within the bargaining unit.
Section 2 - Ratification: This MOU is of no force or effect until ratified and approved by the Association membership and by the City Council through a duly adopted Resolution.
Upon ratification, this MOU reflects the sole agreement of the parties thereto and supersedes all prior agreements whether written or oral. Prior to ratification of this MOU by both parties, the MOU previously in place will govern any matters.
Section 3 - Scope of Recognition: The scope of representation is as set forth in City Council Resolution No. 2204, entitled: "Resolution of the City Council of the City of Calexico Pertaining to Employer-Employee Relations for the City of Calexico, "dated July 7, 1970, as amended.
Section 4- Rules and Regulations: All bargaining unit members shall be subject to the City's Personnel Rules and Regulations. No amendment to the Personnel Rules and Regulations shall amend or modify any provision found in this MOU, except where necessary to comply with federal, state, or local law. No provision in this MOU shall conflict with federal, state, or local law. Any changes to the Personnel Rules and Regulations impacting wages, hours or terms and conditions of employment shall be subject to meet and confer with the Union.
ARTICLE 2- MANAGEMENT RIGHTS
The Association agrees that the City retains and has the exclusive decision-making authority to manage municipal services and the workforce performing those services so long as the City exercises such exclusive authority in conformance with the express specific terms of this MOU.
The Association further agrees that the City has, except as expressly and lawfully restricted by specific provisions of this MOU, the exclusive decision-making authority to:
5 Determine and modify the organization of City government and its constituent work units.
Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
Determine whether goods or services shall be made, purchased, or contracted for.
Direct employees, including scheduling and assigning work and overtime.
Establish employee performance standards and require compliance therewith.
Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits or otherwise discipline employees subject to the requirements of applicable law.
Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
Implement rules, regulations, and directives consistent with the law and the specific provisions of this MOU
Take all necessary actions to protect the public and carry out its mission in emergencies.
Decisions under this Article shall not be subject to the grievance procedure herein, unless the City is in violation of this MOU.
ARTICLE 3 - EMPLOYEE AND ASSOCIATION RIGHTS
Section 1- Association Business:
There shall be a reasonable amount of shop stewards appointed in order to facilitate the policing of this MOU. These appointments shall be made by the Association representatives.
Officers of the Association shall receive a reasonable amount of paid release time, subject to reasonable regulation by the City, in order to conduct proper Association business.
Section 2 - Bulletin Boards: A bulletin board accessible at each job site for posting notices to employees will be provided by the City at each work site. 6 Section 3 - Non-Discrimination: Neither the City nor the Association shall discriminate against any employee covered by this MOU on the basis of race, color, sex, religion, national origin, sexual orientation, gender identity, gender expression, age, physical handicap, veteran, or military status, or for exercising any employee rights contained in this MOU or the law. The parties recognize the right of employees to form, join and participate in lawful activities of employee organizations, and the equal and alternative right of employees to refuse to form, join or participate in employee organization activity. The City and the Association agree that no employee hereunder will be coerced or discriminated against because of membership or lack of membership in the Association.
Section 4 - Use of Facilities: Upon request and without charge, the Association shall be granted the right to use City facilities for lawful Association business. The conditions of such use shall be consistent with applicable law, and permission shall not be unreasonably withheld.
Section 5 - Union Mail Slot: The City shall provide a mail slot for the Association at City Hall.
Section 6 - Notice Requirements: Notices required by this MOU or by law shall be delivered either by hand or Certified U.S. Mail to the Association President. The Association shall provide the City with the name and contact information for the President each year, and as the information changes.
Section 7 - Personnel Files:
A. The personnel file of each employee shall be maintained at the City's Human Resources Department and shall not be removed tor any reason. Any files kept by any supervisor of any employee shall not contain any material that is not in the main personnel file. No adverse action of any kind shall be taken against an employee based upon materials which are not in the personnel file.
B. An employee shall be provided with copies of any derogatory written material 5 workdays before it is placed in the employee's personnel file. The employee shall be given an opportunity during normal working hours, and without loss of pay, to initial and date the material and to prepare a written response to such material. The written response shall be provided to the City within 30 days after the employee has been provided the copies of the material, and the written response shall be attached to the material.
C. An employee shall have the right at a reasonable time without loss of pay to examine employee mist obtain ore aproval of his or her supervise's personnel file. The D. All Personnel files shall be kept in confidence and shall be available for inspection by authorized employees of the City only when actually necessary in the proper administration of the City's affairs or the supervision of the employee. The City 7 shall keep a log indicating the persons who have examined a personnel file, as well as the date such examinations were made. Such log and the employee's personne ile shall be available for examination by the employee or his/her representative if authorized by the employee. The log shall be maintained in the employee's personnel file.
E. Upon written request from the employee, all written warnings and reprimands, or copies thereof, will be removed from the employee's official personnel file and any supervisor's working file after the time limits described in Appendix C: minor offenses removed within 12 months; major offenses removed after 24 months. Major offenses, as referred to in this section only, are those in which an employee has received a suspension of one or more days.
ARTICLE 4 - WORK SCHEDULES
Section 1 - Changes in Shift Assignment: The City shall not substantially change working hours or shift assignments of employees or positions except for lawful purposes and then only after the employee has been given a minimum of 21 calendar days written notice prior to the change in the exercise of its management rights. This provision does not prohibit insubstantial changes or changes within a menu of shifts pre-approved for the position. For all unit members that conduct the majority of their duties outdoors summer schedules will begin the first day of Summer to first day of Fall with a beginning shift of 5 AM. A two-week extension can be added to those dates with a mutual agreement between the Association and the Department Head
Section 2 - Rest Breaks: Two 15-minute rest breaks shall be granted to employees each workday and shall be scheduled at or about midpoint between the start of the shift and the meal period, and midpoint between the meal period and the end of the work shift.
Section 3 - Meal Periods: All bargaining unit employees shall be entitled to a minimum 30-minute duty free lunch period which shall be scheduled at or about the midpoint between the start of the shift and the meal period, and the midpoint between the meal period and the end of the work shift. If a supervisor knowingly interrupts an employee's duty-free meal period and requires that employee to perform City-related work, the employee will be entitled to re-start his or her duty-free meal period. If the employee receives no meal period because of a supervisor's intentional interruption, the employee will be eligible for one hour of additional pay.
Section 4 - Alternate Hours/Days of Week: All bargaining unit employees are on a 9/80 work schedule for the purpose of limiting weekly overtime.
Section 5- End of Shift: Bargaining unit members working with hazardous materials at the sewer plant shall be permitted to use the last fifteen (15) minutes of their shift to wash up and change out of their uniforms.
8 ARTICLE 5 - COMPENSATION AND OVERTIME PAY
Section 1 - Workweek: For employees on a 9/80 shift, the FLSA workweek will begin four (4) hours into the employee's scheduled "flex day" shift (typically a Friday), such that the first four hours of the eight-hour shift are in one workweek and the second four hours of the eight-hour shift are in the next workweek.
Section 2 - Hourly Rate: The regular (straight time) hourly rate of pay is determined by multiplying the monthly salary by 12 and dividing the result by 2,080.
Section 3- Overtime Rates:
A. FLSA overtime is all time worked in excess of 40 hours in the employee's work week and is paid at 1.5 times the employee's regular hourly rate (including premiums suc as night shift differential.) Paid leaves, including sick leave, holidays, and vacatior are considered time worked for the purpose of computing any overtime.
B. Any work ordered, authorized, permitted, or suffered shall be considered time worked for the purpose of computing overtime. An employee must receive permission from his/her immediate supervisor prior to working overtime. The City shall not allow employees to perform regular or overtime work without the payment of compensation at the applicable rate of pay.
Section 4 - Compensatory Time Off: Bargaining unit members may receive, at their election, up to 240 hours of compensatory time off (CTO), in lieu of cash FLSA overtime, at a rate of 1.5 hours for each hour of FLSA overtime worked. Once a unit member accrues 240 hours of CTO, the City shall pay FLSA overtime compensation in cash. The City shall not unreasonably deny a bargaining unit member the use of CTO.
Section 5 - Standby Time: An employee who is required during his/her off-duty time to remain accessible by telephone and who is required, upon notification, to respond to work is considered to be on "standby". An employee on standby during his/her workweek shall receive 6 hours pay each day (whether or not he/she is actually called out for work during that workweek) in addition to any call-out overtime actually worked.
Section 6 - Call-Back Pay: An employee who has been released from work and has left the work premises and who has not been scheduled, shall, if he/she is called back to duty, be paid a minimum of 2 hours. If the actual time traveling to and working a call-back to duty exceeds 2 hours, the employee is entitled to receive 4 hours pay. If the actual time traveling to and working a call-back to duty exceeds 4 hours, the employee is entitled to 6 hours pay. Call back time is paid at 1.5 times. Travel time shall be compensated accordingly only if travel time is within the County of Imperial. The employee shall be released from duty when he/she completes the given assignment. 9 Section 7 - Out-of-Class Pay: An employee shall be compensated an additional $25 per day for each day he/she is assigned to work out of class, effective the fifth consecutive business day in such assignment.
Section 8 - Differential Pay: If an employee works between 6:00 p.m. and 7:00 a.m., the employee will be entitled to a 7% per hour differential pay for every hour worked between these hours regardless of whether the hours worked are overtime hours. The 7% will be calculated on the employee's current hourly rate. The regularly assigned night Street Sweeper will be entitled to a 7½% pay range differential.
Section 9 - Report Time Guarantee: There shall be a guarantee of 4 hours to any employee reporting to work on his/her scheduled day.
Section 10 - Uniform Allowance:
A. The uniform allowance for miscellaneous police and code enforcement personnel who are required to wear uniforms will be $600.00 per fiscal year.
B. Employees who are required to wear safety shoes shall receive a safety shoe allowance of $300.00 per fiscal year. The shoes shall meet ASTM or other industry approved standards appropriate for the employee's work assignment and classification, as determined by the Agency/Department Head and/or Human Resources / Risk Manager.
If the City wants to change how the boot benefit is provided to this bargaining unit, such as a purchase order rather than an allowance, The City will meet and confer with this bargaining unit to discuss the desired change and how it will affect and/or impact the members.
Section 11 - Merit and Longevity Increases:
A. Longevity Pay Increases:
Bargaining unit members hired before January 1, 2002, are entitled to longevity pay according to the following schedule: $20.00 per month for 5 years of continuous service; an additional $30.00 per month for 10 years of continuous service; an additional $40.00 per month 15 years of continuous service; an additional $50.00 per month for 20 years of continuous service; an additional $60.00 per month for 25 years of continuous service.
This benefit is deleted for all employees hired on or after January 1, 2002.
B. Merit Increases:
As a result of the City of Calexico's financial inability to pay merit increases, as authorized by the Calexico Municipal Code, specifically section 2.40.060, all merit increases not paid as of January 1, 2016, shall be suspended for the term of this MOU.
As of July 1, 2013, all employees with the necessary time in position will be moved to step 5. This will be based on years in service and not dependent on any current performance rating.
10 Employees hired on, or after, July 1, 2013, shall be hired at Step 1 of the salary schedule and will nove to higher steps based on merit in the following manner:
FROM TO TIME MERIT EVALUATION
Step 1 Step 2 9 months "Standard" or better
Step 2 Step 3 1 year "Standard" or better
Step 3 Step 4 1 year "Standard" or better
Step 4 Step 5 1 year "Standard" or better
"Standard" = 71% or better
Employees hired before January 1, 2003, shall move to higher steps based on merit in the following manner:
FROM TO TIME MERIT EVALUATION
Step 1 Step 2 6 months "Standard" or better
Step 2 Step 3 1 year 'Standard" or better
Step 3 Step 4 1 year 'Standard" or better
Step 4 Step 5 1 year "Standard" or better
"Standard" = 71% or better
Failure of the City to issue a timely Merit Evaluation on a form, prior to the employee's anniversary date shall be treated as a "Standard" evaluation and shall cause the employee to be awarded the appropriate step increase.
Section 12 - Professional Development Program:
For bargaining unit members who were hired prior to January 1, 2006, the member not on initial hire probation shall be paid for all college degrees earned from an accredited institution of higher education, pursuant to the following non-cumulative education incentive pay (an employee transferring from another City department shall be considered an initial hire for the purposes of this section).
Tuition reimbursement will be available to bargaining unit members hired prior to January 1, 2006, providing that the tuition reimbursement procedure is followed in accordance with the policy, and the department can sustain the expense.
A. A salary adjustment of 5% upon completion of an AA or AS degree with a grade of "C" or better (but no unit member will receive more than one salary increase under this provision);
B. If the unit member previously received a salary increase of 5% upon completion of an AA or AS degree, the unit member shall receive a salary adjustment of 5% upon completion of a BA or BS degree (but no unit member will receive more than one salary increase under this provision). If the unit member did not previously receive a salary increase upon completion of an AA or AS degree, the unit member 11 shall receive a salary increase of 10% upon completion of a BA or BS degree (but no unit member will receive more than one salary increase under this provision).
C. No unit member shall receive more than a total salary adjustment of ten percent (10%) under this section during the member's employment with the City. This provision will apply only to unit members hired prior to January 1, 2006.
D. Under this Professional Development Program, eligibility for the above-described salary adjustment is subject to the following conditions: (1) The employees interested in career advancement shall submit a request describing the educational opportunities to their department heads for review and consideration. The request must be job related and specific to the employee's position and department. (2) If the department head finds that the educational opportunity or degree obtained is specific to the employee's position with the City, then the department head will grant the applicable salary adjustments.
Section 13 - Confidential Pay: The persons employed as of March 8, 2000, in the classifications listed in item 3 of the 3/3/00 Addendum to MOU between the City of Calexico and the Calexico Municipal Employees' Association will continue to receive the benefit of that item as long as they are employed (grandfathered in). The benefit described in item 3 is null and void except as described here.
Section 14 - Cost of Living Increases: All bargaining unit members shall receive The following:
A. Employees within the unit will receive a five percent (5%) COLA increase in base pay salary retroactive to July 1, 2024.
Section 15 - Salary Schedules: Effective January 1, 2024, the City agrees to eliminate Step 1 of the Salary Schedule and add a new Step 5. The previous Step 5 will become Step 4. Employees working for the City five or more consecutive years and at Step 5 between July 1, 2023 and December 31, 2023 will automatically advance to the new Step 5 on January 1, 2024, rather than remaining at Step 4. All other bargaining members will advance to higher steps based on merit on their annual performance evaluations rated "Standard" or better after January 1, 2024.
12 ARTICLE 6- RESIGNATION AND DISCIPLINE
Section 1 - Resignation: An employee may voluntarily separate from employment with the City. A month's notice of intended separation is desired so that management may have sufficient time to obtain a necessary replacement, and a minimum of 2 full weeks is strongly recommended.
Section 2 - Just Cause: Discipline shall be imposed on permanent employees only in accordance with the terms of this Article and for just cause, consistent with and subject to applicable law.
A. Probationary employees may be dismissed at any time during the probationary period and without just cause and such action shall not be subject to this or the grievance procedure or any other appeal process so long as the dismissal notice indicates only that the dismissal is a "probationary release." B. Progressive discipline shall be used regarding matters such as: unsatisfactory job performance; infraction of procedures, tardiness, abuse of leave time, or excessive absences. Progressive discipline shall consist of the following 4 steps: 1) verbal, 2) written warning, 3) suspension not to exceed 5 days, and 4) suspension of more than 5 days and/or dismissal.
C. A supervisor's report shall contain a description of the events requiring the disciplinary action, and a remedial plan outlining steps for the employee to correct the situation. Such reports shall be placed in the employee's personnel file for each step taken.
Section 3 - Appeal of Disciplinary Action: A permanent employee has the right to appeal discipline that involves a loss of pay to the Personnel Commission pursuant to Municipal Code Chapter 2.20. A final, written notice of discipline will inform or remind the employee of this right.
ARTICLE 7- GRIEVANCE PROCEDURE
Section 1 - Purposes: This Article is intended to provide the means for employees, ecognized employee organizations, and management to resolve grievances in an orderl nanner within a reasonable time period; and to administer employer-employee relation through uniform and orderly methods of communication between employees and management.
Section 2 - Policy:
A. Any bargaining unit member has the right to file a grievance without fear, intimidation, or coercion from any party;
13 Any bargaining unit member may represent him/herself or request the assistance of an Association Representative at any or all steps in the grievance procedure up to Advisory Arbitration;
C. Grievances may be initiated by the employee, or the Association; D. The bargaining unit member's or Association's first contact regarding job and working conditions is with the immediate supervisor and the supervisor shall attempt to settle grievances informally at that level;
E. The immediate supervisor is responsible for informing employees about job requirements, personnel policies, and the work unit's relationship to the division, department and the City as a whole;
F. A grievant and representative (if selected) may attend a grievance meeting with a supervisor on his/her own behalf without loss of pay. An Association representative may represent him/her at such grievance meeting without loss of pay.
Section 3 - Definition: A grievance is a claim, charge or dispute involving the following:
A. The interpretation or application of any City rules, regulations, ordinance, resolution affecting an employee's wages, hours or conditions of work; or B. The interpretation or application of the provisions of this MOU.
C. Notwithstanding subsections (A) and (B) above, a grievance does not include any challenge to a disciplinary action.
Section 4 - Informal Grievance Procedure: The informal complaint procedure must be used before the formal grievance procedure. The grievant shall discuss his/her complaint with his/her immediate supervisor no later than ten (10) working days after the occurrence of the incident causing the grievance. If the immediate supervisor fails to reply within five (5) working days, or the grievant determines he/she is not satisfied with any decision within five (5) working days after receiving it, the grievant may utilize the formal grievance procedure.
Section 5 - Formal Grievance Procedure:
A. The formal grievance procedure shall be initiated not later than thirty (30) days after the discussion with the immediate supervisor in the informal procedure.
B. The formal grievance shall be initiated by the filing of a written grievance, within the time period set forth above, on a form provided for this purpose. The form shall contain:
14 1. Name of Grievant
2. Class Title
3. Department
4. Grievant's mailing address
5. A clear statement of the nature of the grievance citing applicable ordinance, rules, regulations or action
6. The date upon which such grievance occurred
7. The action taken as a result of the informal complaint procedure
8. A proposed solution to the grievance
9. Date of execution of the grievance form
10. Signature of the grievant
11. The name of the organization or individual, if any, representing the grievant C. The following steps are to be used to resolve the formal grievance:
Step 1. The written grievance shall be filed and presented to the second- level working days after the written grievance is first submitted to second- evel supervisor, said second-level supervisor shall make and file ecision in writing with the grievant, his representative and the Huma Step 2. If the issue is not resolved in Step 1, said written grievance shall be filed, with the department head, within not more than ten (10) working days from the receipt of the supervisor's response. A copy of such request shall be delivered to the Human Resources Department Within ten (10) working days after the written grievance is first aubrie a te i den wing weathe ideant, hier red real maile and the Human Resources Department.
Step 3. If the department head does not resolve the grievance to the satisfaction of the grievant, the grievant may, within not more than ten (10) working days from receipt of the department head's decision, request in writing that the City Manager or his/her designee consider the grievance. A copy of the request filed by the grievant shall be submitted to the Human Resources Department.
Within 10 working days after such request, the City Manager or designee shall investigate the grievance, confer with the persons affected and the grievant's representative, and seek through a meeting of the parties to resolve the matter by agreement between the parties.
15 Step 4. Advisory Arbitration of Grievance: In the event that the grievance is not resolved by agreement between the parties, the Association may vithin thirty (30) calendar days after the meeting in which the partie failed to reach agreement, request that the grievance be heard by an arbitrator. A grievance involving a letter of warning shall not be subject to arbitration.
(a) Selection of Arbitrator: The arbitrator shall be selected by mutual greement between the City and the grievant or his/he
epresentative. If the City and the grievant or his/her representativ re unable to agree on the selection of an arbitrator they sha ointly request the State Mediation and Conciliation Service 1 submit a list of five qualified arbitrators. The City and the grievant or his/her representative shall then alternately strike names from the list until one name remains, and that person shall serve as arbitrator.
(b) Duty of Arbitrator: Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a proposed disposition of the grievance which shall be submitted to the City Manager. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the MOU applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the MOU. The decision of the arbitrator shall be advisory to the City Manager who shall render a final written decision within ten (10) working days of receipt of the decision of the arbitrator.
The provisions for arbitration are not intended and shall not be J, or to revise, modit
or alter, in any respect, any provision contained in the MOU. (c) The City Manager's or designee's decision shall be final and is not subject to appeal.
(d) Payment of Costs: Each party to a hearing before an arbitrator shall bear his own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne one-half by the City and one-half by the grievant.
16 Section 6 - Time Limits:
A. The time limits of each step may be extended by mutual consent of the parties.
The duration of the extension shall be in writing and signed by both parties involved at the step to be extended
B If any grievance is not appealed within the stated time limits, or extensions of any of the above steps, the grievance shall be considered conclusively settled on the basis of the last disposition by appropriate authority. No further City appeal or review is available.
C. If a supervisor or other appropriate authority fails to furnish a response within the required time limits, or extensions, of any of the above steps, the employee or Association may proceed with the grievance at the next appropriate step.
ARTICLE 8 - HOLIDAYS
Section 1- Observed Holidays:
The following days will be observed as paid holidays for city employees.
New Years Eve Day New Year's Day
Martin Luther King's Day Washington's Birthday
Cesar Chavez Day Friday Before Easter (Spring Holiday)
Memorial Day Juneteenth
Independence Day Labor Day
Admission Day Veteran's Day
Thanksgiving Day Friday after Thanksgiving
Christmas Eve Day Christmas Day
Section 2 - Weekend Holidays: When a holiday herein falls on a Sunday, the following Monday shall be deemed to be the holiday. When a holiday herein falls on a Saturday, the preceding workday not a holiday shall be deemed to be the holiday. When Christmas Eve December 24th, falls on a Saturday, the holiday shall be observed on the day before an when the holiday falls on a Sunday the holiday will be observed either the Friday before, or the Tuesday after.
Section 3 - Holiday Credit: In order to receive credit for a holiday, an employee must be in paid status during any portion of the workday of their normal assignment immediately preceding or succeeding the holiday.
17 Section 4 - Paid Status Defined: Time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off or other paid leave of absence shall be considered as paid status.
Section 5 - Additional Holidays: Any day declared by the President or Congress of the United States, or the Governor or Legislature of this State as a public fast, thanksgiving or holiday shall be considered a paid holiday and subject to the provisions of this MOU.
Section 6 - Holiday Records: All holidays are to be recorded for each employee and must be reported on the payroll time sheets.
Section 7 - Holiday Pay:
A An employee who is required to work on a holiday shall receive his/her applicable rate of pay (either regular or overtime) for all hours actually worked on that holiday at a 1.5 rate, at the option of the employee, in either: 1) cash compensation for actual hours worked; or 2) compensatory time off.
B. If an employee is not required to work on a holiday because it is observed on his/her regularly scheduled day off, the employee has the option of receiving either of the following at a straight time rate: 1) 8 hours pay; or 2) 8 hours compensatory time off.
If an employee is not required to work on a holiday, and if the holiday is not observed on one of his/her regularly scheduled days off, the employee will take the holiday off and will receive 8 hours pay at the straight time rate.
ARTICLE 9- SICK LEAVE
Section 1 - Sick Leave- Regulations:
A. Every person who will be employed in a regular position for at least thirty (30) days (as outlined in AB1522), except temporary, seasonal or part-time employees, shall receive 8 hours of sick leave with pay for each full month of employment or major portion thereof. Said regular employees may use their accrued sick leave as early as the 90th day of employment.
B. Sick leave credit may be accumulated without limitation.
C. A bargaining unit member may use: 1) sick leave for his or her own actual illness or injury; and 2) up to 48 hours of sick leave per year to attend to the illness of the member's child, spouse, or parent or any other reason allowed pursuant to AB 1522. 18 D. If sick leave for illness or injury exceeds 3 working days, the employee, prior to return to work, may be required to submit a statement of such disability from a physician, surgeon or other person practicing a recognized healing art. The statement shall certify that the employee's physical condition prevented him/her from performing the duties of his position during the period of absence. The physician statement requirement described here also applies to a bargaining unit member who takes sick leave or more than 3 consecutive working days to attend to the illness of the member's child, spouse, or parent.
E. All sick leave shall be approved by the department head.
Bargaining unit members employed on a permanent part-time basis shall be entitled to receive sick leave benefits at one-half the regular rate.
G. If an employee sustains an illness or injury which is incurred in the course of employment with the City, he/she shall receive full pay for the waiting period following such disability as defined by state law. Such compensation shall not be deducted from the employee's sick leave credit.
Section 2 - Sick Leave - Cash Compensation for Disability: When an employee incurs an on-the-job disability, he/she may request and receive cash compensation in lieu of sick leave to make up the difference between the employee's net salary and the amount he/she receives in state workers' compensation insurance benefits while disabled.
Section 3 - Sick Leave - Cash Compensation Upon Separation from Employment:
Upon separation from City employment, cash compensation shall be paid for accumulated sick leave as follows:
A. Every person who has 20 to 39 days of accumulated sick leave shall receive ½ his/her regular monthly pay.
Every person who has 40 or more days of accumulated sick leave shall receive 1- month full pay.
Section 4 - Additional Sick Leave: After exhaustion of paid sick leave, an employee who is ill or injured may, upon written request, use accumulated vacation or other credited paid leaves to avoid leave without pay.
Section 5 - Return After Extended Illness: If, during the period covered by Additional Sick Leave or Medical Leave, an employee is physically able to return to work, he/she shall be immediately returned to the position and classification held prior to the leave, without loss of benefits or seniority.
Section 6- Sick Leave Buy-Back Option: Every bargaining unit member who has 200 or more hours of accumulated sick leave shall be eligible once per fiscal year to sell up to 48 hours of sick leave at the employee's current hourly pay rate. 19 ARTICLE 10-VACATION
Section 1 - General Provisions: Vacation leave with pay is an employee's earned right to be granted in accordance with City policy consistent with the terms of this MOU.
Section 2 - Number of days:
A. Every person who has been in the continuous employ of the City for 6 full months, except temporary, seasonal and part-time employees, shall receive 8 hours vacation for each full month of employment or major portion thereof.
B. Every person who has been in the continuous employ with the City from 1 to 4years shall receive 96 hours vacation.
C. Every person who has been in the continuous employ with the City from 5 to 9 years shall receive 128 hours vacation.
D. Every person who has been in the continuous employ with the City from 10-14 years shall receive 144 hours vacation.
E. Every person who has been in continuous employ with the City for 15 years or more shall receive 176 hours vacation.
Section 3 - Permanent Part-time: Bargaining Unit members employed on a permanent part-time basis shall be entitled to receive vacation at one-half(½) the regular rate.
Section 4 - Scheduling: Vacation leave shall be scheduled and approved by the department head. Supervisors will make every effort to grant vacation at times preferable to the employees, consistent with work requirements and the providing of City services.
As of July 1, 2018, and during the remaining term of this MOU, employees may cash-out eight hours of paid vacation on December 24 and another eight hours on December 31, so long as such dates are provided to the employee as unpaid holidays (in essence additional furlough days).
Section 5 - Accumulation: A bargaining unit member ceases earning vacation once he or she accumulates the total number of hours that can be earned in his or her prior two (2) years of service. The total number of hours that can be earned by a member is based on each member's length of continuous employment with the City.
Section 6 - Separation From the City: Upon separation (either retirement or any other form of separation) from City employment, compensation shall be paid for vacation leave which has been earned but not taken.
Section 7 - Paid Vacation Restriction: No paid vacation leave shall be allowed except earned vacation leave.
20 Section 8 - Vacation Liquidation: Leave may be taken up to the full amount accrued at time of vacation, or it may be taken 1, 2 or 3 weeks at a time if approved by the supervisor.
Vacation of less than 1 week including fractions of a day shall only be granted upon prior written request and approval of the supervisor which approval shall not be unreasonably withheld. At the request of the employee, vacation leave may be used concurrently with Workers' Compensation benefits. However, total benefits shall not exceed normal compensation.
ARTICLE 11 - OTHER LEAVES
Section 1 - Bereavement Leave: Whenever an employee is absent from work because of death in the immediate family, he/she shall be entitled to 3 paid working days, and up to 5 total working days for out of County travel, with the additional days) taken from accrued time.
A. The immediate family includes any of the following: Father; Father-in-law; Mother; Mother-in-law; Sister; Sister-in-law; Brother; Brother-in-law; Wife; Husband; Registered Domestic Partner; Son; (includes step-son); Daughter (includes step- daughter); Grandfather; Grandmother; Son-in-law; Daughter-in-law; Grandchildren; Uncle, Aunt; Niece; Nephew; Cousin.
B. The granting of this leave shall not affect the employee's vacation.
C. All bereavement leave must be reported on payroll time sheets, with an indication of the relationship of the deceased family member.
Section 2 - Jury Duty: City employees are not excused from jury duty. Leave for jury duty will be granted with pay.
Section 3 - Unpaid Leave of Absence: Every person who is employed by the City may be allowed a leave of absence without pay by his/her department head not to exceed 5 working days. Every person who has been in the continuous employ of the City for 6 full months, except temporary or seasonal employees, may be allowed a leave of absence without pay upon recommendation of the department head with approval of the City Manager not to exceed 90 days. An employee shall not be entitled to receive the benefits of vacation, holiday, or sick leave provisions of this MOU while on such leave but shall continue to receive the benefits of continuous service.
Section 4 - Military Leave: Military leave shall be granted in accordance with the provisions of state law. Subject to military necessity, to the extent practicable and allowable under law, employees shall give his or her department head advance notice of pending leave.
21 ARTICLE 12 - HEALTH BENEFITS
Section 1 - Life Insurance: The City shall provide $50,000.00 in life insurance coverage and $50,000.00 for accidental death and dismemberment for each employee. The City will also provide $2,500.00 life insurance for each employee's spouse, and $2,500.00 life insurance for each employee's dependents.
Section 2 - Group Medical/Dental/Vision Insurance: The City agrees to contribute up to the following amounts toward medical/ dental/ vision insurance coverage:
Family: $1,323.33
Single: $577.00
The City agrees to pay 80% of the employee portion of the medical premiums. Employees will be responsible for 20% of the premium. Unless there is an agreement to the contrary, the City will pay 100% of the increases in the medical premium as of the pay period following June 30, 2017.
The City and Association agree that the City's Health Plan will no longer cover lifestyle (not medically necessary) prescription drugs.
Permanent Part-Time Employees Medical Plan: A capitated medical plan will be made available to permanent part-time employees limited to medical services provided in Mexicali, B.C., Mexico by Almater Hospital and containing a maximum yearly benefit amount of $15,000.00. The premium of $75.00 per month for this medical plan will be paid ½ by the permanent part-time employee and ½ by the City.
This Section is intended to be consistent with the terms of the LOU at paragraph 4, which is incorporated herein by this reference."
Section 3 - Disability Insurance:
State Disability Insurance (SDI): The City will make State Disability Insurance ("SDl"), a partial wage-replacement insurance plan available to city employees effective fiscal year 2006-2007. SDI will be funded through employee payroll deductions. SDI will provide benefits to city employees who suffer a loss of wages when they are unable to work due to a NON-WORK-RELATED illness or injury, or a medically disabling condition from pregnancy or childbirth.
Section 4 - Employee Cafeteria Plan: The City will offer a flexible benefit plan also known as a "cafeteria" plan available to employees based on the concept of employee choice Under this plan, employees have the opportunity to individually select the type of benefits and the level of coverage desired from a menu of options offered by the City during the annual open enrollment period.
22 The City's cafeteria plan will offer pre-tax and after-tax options and is not subject to ERISA.
The only permitted choices of benefits for employees authorized under the Employee Cafeteria Plan are benefits from those providers which have a contractual relationship with the City.
Open Enrollment Period: The City will allow an annual open enrollment period of not less than 30 days for employees prior to the start of the plan year for the next fiscal year, so that employees can choose benefits from the cafeteria plan.
Section 5 - Waived Health Insurance Benefit: The City provides a health allowance for those employees who opt out of the health insurance coverage for the following reasons:
1) employee's spouse has a more attractive benefit package through the spouse's employer; and/or 2) employee is married to another City employee. The monthly health allowance is $385.10 for family and $182.24 for single. Employees may use the health allowance to enhance their dental program or to purchase additional supplemental coverage through contracted medical providers with the City. Employees will have an opportunity to change their coverage only during open enrollment.
Section 6- Retiree Health Plan:
A. The Retiree Health Plan Policy adopted by the City Council on May 18, 1993, outlines the criteria for the retiree health for those hired on or after May 18, 1993.
Post-1993 Retiree Health Coverage: Any employee hired on or after May 18, 1993, shall pay a medical contribution based on the current cost of the City's health plan and upon the years of City service upon their retirement from City service.
The medical coverage will cap at age 65.
C. Pre-1993 Retiree Health Coverage: For those employees who were hired before May 18, 1993 and who elect to continue coverage with the City's health plan upon their retirement from City service, they shall be entitled to lifetime medical coverage. Cost of the coverage shall be $120.00 a month. At age 65, the City's health plan shall become secondary and Medicare shall be primary, and all claims shall be adjudicated accordingly. Any eligible employee, hired before May 18, 1993, who retires from City service after July 1, 2008, shall have the option of either electing Pre-1993 Retiree Health Coverage, as described herein, or, in th ternative. if the employee chooses, the emplovee may elect the Post-199 Retiree Health Coverage.
Employees who are hired after July 1, 2008 shall not be entitled to medical insurance coverage when they retire from City service.
E. Any employee who separates from City service shall be provided with COBRA notification by the City's third-party Administrator. The City's third-party Administrator shall handle the processing and collecting of retiree health contributions.
23 F. Any retiree who is three (3) months delinquent from paying retiree health contributions shall be removed from the retiree medical coverage. Any retiree removed from the health plan for non-payment shall not be allowed to re-enroll in the health program.
Any retiree who is removed from the health plan for non-payment shall be provided with COBRA notification by the City's third-party administrator.
ARTICLE 13 - RETIREMENT PLAN
Section 1 - PERS Retirement: The City shall continue its contract with the California Public Employee Retirement System (CalPERS). The City shall continue to pay its portion of the cost except as provided for in this section
All unit members other than "new members" as defined by California Government Code section 7522.04(f) shall individually pay the full member contribution required by CaPERS.
Unit members who are "new members" as defined by California Government Code section 7522.04(f), shall be required to pay a PERS contribution in an amount equal to 100% of the normal cost rate, up to a maximum of 8%, for the Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled, rounded to the nearest quarter of 1% or the current contribution rate of similarly situated employees, whichever is greater, pursuant to the Government Code section 7522.32(a).
This Section is intended to be consistent with the terms of the LOU at paragraph 3, which is incorporated herein by this reference.
Section 2 - Social Security: All employees shall be responsible for payment of the employee's full share of the Federal Insurance Contribution Act (FICA) tax, which includes Social Security and Medicare, at the contribution limits established by federal law.
ARTICLE 14 - AGENCY SHOP
Section 1 - Check off: The Association shall have the sole and exclusive right to have membership dues and service fees deducted for employees in the bargaining unit by the City. The City shall, upon appropriate written authorization from any employee, deduct and make appropriate remittance for insurance premiums, credit union payments, savings bonds, charitable donations, COPE or other plans or programs. The City shall pay to the designated payee within 15 days of the deduction all sums so deducted. 24 Section 2 - Dues Deduction:
A. The City shall deduct, as a condition of employment, in accordance with the Association dues and service fee schedule, dues or service fees from the wages of all employees who are members of the bargaining unit on the date of the execution of this Agreement.
B. The City shall deduct dues, in accordance with the dues, from the wages of all employees who, after the date of execution of this Agreement, become members of the Association and submit to the City a dues authorization form.
C. The City shall immediately notify an Association representative if any member revokes a dues authorization.
Section 3 - Maintenance of Membership:
All Association-represented employees who, on the effective date of this MOU are members of the Association in good standing and all such employees who thereafter voluntarily become Association members, shall (as a condition of employment) maintain their Association membership in good standing during the term of the MOU, subject however, to the right to resign from membership effective during any of the following resignation periods:
A. The first 30-day period after the Association and the City adopt and ratify this MOU; B. The first 30-day period after an employee initially falls within the coverage of this section;
C. The first 30-day period of the subsequent contract years, if any, of the MOU.
Any Association member may exercise his or her rights to resign by giving written notice to the Association and to the City prior to or during the above resignation periods. ...
Whenever an Association member shall be delinquent in the satisfaction of his or her obligations as describe in this section, the Association shall simultaneously give both the employee and the City's Human Resources Director written notice thereof, which notice shall give the employee 15 days to cure the delinquency. In the event the employee fails to cure said delinquency, the Association shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable laws and are specifically excluded from the Grievance Procedure.
Section 4 - Representation Service Fee:
A. All permanent, non-management, non-police officers, and non-confidential employees who are represented by the Association or who attain such status after the effective date of this MOU, and who chose not to become members of the 25 Association (hereafter "non-member unit employees"), shall be required to pay to the Association, as a condition of employment, a service fee that represents each such employee's proportionate share of the Association's cost of representation, beginning 30 days after the MOU is ratified and adopted by the Association and the City, or after the Association has provided such employees and the City with the legally requisite expenditure information described below, whichever, is latest. Such service fee shall in no event exceed the regular, periodic membership dues paid by Association members. The City agrees to deduct such fees, in accordance with the law and the provisions of this section, through a bi-weekly payroll deduction.
B. The representation service fee arrangement provided by this section may be rescinded by a majority vote of those eligible to vote and as determined in a secre ballot election in which all unit members are eligible to vote provided that: 1) request for such vote is supported by a petition containing the signatures of at least 30% of all unit members; and 2) the vote may be taken at any time during or after the term of the MOU, but in no event shall there by more than one vote taken during any calendar year. The sufficiency of a petition shall be determined, and the election shall be conducted, by the State Mediation and Conciliation Service if the Association and the City cannot agree on the selection of another neutral person or entity to conduct the election. The Association and the City shall split the costs, if any, for conducting such election.
C. A non-member unit employee who is subject to the payment of a representation service fee hereunder, shall have the right to object to any part of that fee payable by him or her which is in aid of Political Action committees, or of activities or causes of a partisan political or ideological nature, or that is applied toward the cost of benefits available only to Association members, or that is utilized for expenditures that are not necessarily or reasonably incurred for the purpose of performing the duties incident to meeting and conferring or administering the MOU.
D. The Association shall be fully responsible for expending funds received under this article in a manner that is consistent with all legal requirements and limitations for expenditures of representation service fees or employee dues which are applicable to public sector labor organizations. Prior to a non-member unit employee having any obligations to pay a representation service fee hereunder, the Association shall make available a detailed financial report in the form of a balance sheet and an operating statement certified as to its accuracy and completeness by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant.
A timely copy of financial reports required under or referred to in the Labor- Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. The Association agrees to update and provide this financial information to unit employees and the City on or before September 1 of each calendar year. This financial information must itemize and adequately describe all categories of expenses. This financial information must cover local expenditures as well as uses made by county, state, national and
26 international organizations with which the Association is directly or indirectly affiliated and to whom the Association transmits a portion of its dues and/or representation service fee funds.
E. The Association shall make available, at its expense, an expeditious administrative appeals procedure to non-member unit employees who 9bject to the payment of any portion of the representation service fee. Such procedure shall provide for a prompt decision to be made and the impartial decision-maker jointly selected by the Association and the objecting employee(s). The Association shall make available a copy of such procedure to non-member unit employees and the City prior to the time that any non-member unit employee becomes subject to the payment of representation service fees.
F. Any non-member unit employee who is a member of a bona fide religious, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations shall not be required to pay the representation service fees described in this section. This exemption shall not be granted unless and until such unit member has certified his or her bona fide membership under penalty of perjury. Such employee must, instead, arrange with the Union to satisfy his/her obligation by donating the equivalent amount to a non-labor, non-religion charitable fund, tax exempt under Section 501(c)(3) of the Internal Revenue Code (IRC), chosen by the employee, from the following: Red Cross, Casa Via Nueva, or Salvation Army. Proof of such payments shall be submitted to the City on a monthly basis as a condition of continued exemption from the representation service fee requirement.
G. When an authorized agent of the City is served with written notice by a non- member unit employee or employees, or by the Association, that a dispute exists involving employee rights with respect to: 1) representation service fee expenditures or associated Association obligations: or 2) the employee exemption described in this section, the City and/or the Association shall thereafter deposit such disputed dues or fees in an interest bearing escrow or comparable account pending final resolution of the dispute, and shall so advise, in writing, the other and the complaining employees. The City shall not be obligated to take any other or further action pending the resolution of the dispute. Final resolution as used in this subdivision shall mean resolution of the dispute by way of legally binding settlement agreement between the employee(s) and the Association, or non- appeal able final judgment of an administrative agency, the Public Employment Relations Board and/or court of competent jurisdiction. The sole obligation of the City with respect to such disputes is as set forth in this paragraph. The City shall not be made a party to administrative or court proceedings, except to the limited extent when such administrative body and/or court determine such to be necessary for the purpose of enforcing its order or judgment. In such event, the Association shall pay the City's attorneys' fees and costs, as further described in this section.
27 H. Whenever an Association-represented employee shall be delinquent in the satisfaction of his or her obligations as described in this section, the Association shall simultaneously give both the employee and the City's Human Resources Director written notice thereof, which notice shall give the employee 15 days to cure the delinquency. In the event the employee fails to cure said delinquency, the Association shall request, in writing, that the City initiate termination proceedings.
The termination proceedings shall be governed by applicable laws and are specifically excluded from the Grievance Procedure.
I. The City shall not be obligated to make the bi-weekly payroll deductions described in this section during any period when an employee is in an unpaid status or does not have enough earnings to pay the dues or fees. Notwithstanding any other provision in this MOU, an employee's failure to make sufficient earnings to pay the representative service fee does not constitute grounds for termination.
The parties acknowledge that the Association does not contain management, supervisory, confidential, public safety, probationary, or temporary employees.
K. Except as provided herein, representation service fees that the City withdraws from payroll shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
L. The representation service fee obligations described in this section shall continue in effect, unless rescinded pursuant to the procedure described in this section, for as long as the Association is the recognized collective bargaining representative of those in the Association notwithstanding the expiration of the MOU between the City and the Association.
M. The Association hereby agrees to defend, indemnify, and hold harmless the City and its officers and employees from any claim, loss, liability or cause of action of any nature whatsoever arising out of the operation of this Article. The Association's indemnity and liability obligation is more fully set forth as follows:
The Association shall defend, indemnify, and hold harmless the City and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding, or claim, the Association shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its officers and employees because of any application of this Article shall or shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the Association shall not diminish The Association's defense and indemnification obligations under the Agreement.
The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform the Association of such action, provide the Association with all information, documents, and assistance necessary for the Association 28 defense or settlement of such action and fully cooperate with the Association in providing all necessary employee witnesses and assistance necessary for such defense. The cost of any such assistance shall be paid by the Association.
3. The Association, upon its compromise or settlement of such action or matter shall timely pay the parties to such action all such sums due under such settlement or compromise. The Association, upon final order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.
ARTICLE 15 - PROBATION
Section 1 - Probationary Period
A. Probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and fitness of the employee to the assigned work.
B. All new employees shall be subject to a probationary period of nine (9) months.
This includes those employees who obtain promotions.
ARTICLE 16 - SAVINGS, ZIPPER & DURATION
Section 1 - Savings Clause: If any provision of this MOU is held to be contrary to law by a court of competent jurisdiction or legislation, that provision shall be deemed invalid, but all other provisions shall continue in full force and effect, and the City and the Association shall meet and confer to address any impact that the legislation has on the terms and conditions of employment.
Section 2 - Zipper Clause: This MOU sets forth the full and entire understanding of the parties regarding matters set forth herein, and any and all prior or existing MOU's understandings, or agreements that conflict with the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirety. Existing policies, rules, ordinances, and resolutions that do not conflict with the matters set forth herein remain in effect. Each party agrees that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or addressed in this MOU during the term of this MOU. It is the intent of the parties that this MOU be administered and observed in good faith. Any additions or changes in this MOU shall not be effective unless reduced to writing and properly ratified and signed by both parties.
Section 3 - Term of MOU: The term of this MOU shall be for one year beginning July 1, 2024, and shall remain in full force and effect through June 30, 2025. 29 ARTICLE 17 - CLASSIFICATION
Section 1 - Reclassification: Whenever the duties actually performed by an incumbent in a position are not actually reflected in, or reasonably related to, the specific statement of duties required to be performed, and the duties will be extended or needed on a continuing basis, the incumbent shall be entitled to have the position reclassified. It is the intent of this Section to provide for reclassification where there has been an increase in, or change in, the duties being performed by incumbents in such positions, where such increases or changes are not temporary in nature. Reclassification is distinct and separate from "temporarily working out of class" and from the upgrading of salary ranges of positions where the duties have not changed. Working out of class is covered elsewhere in this MOU.
Section 2 - Reclassification Procedure: Employee submits request to immediate supervisor. Supervisor reviews request and submits to department head. The Personnel Director makes final determination in conjunction with the approval of the City Manager.
All reclassifications shall not be final until approved by City Council.
Section 3 - Effect: Nothing in this Article changes the parties' rights and duties under the law.
ARTICLE 18 - OCCUPATIONAL SAFETY AND HEALTH
Section 1 - General Provisions: The City agrees to provide each employee any and all safety equipment as determined and approved by the City Manager and Cal-OSHA annually if deemed necessary.
Section 2 - Investigation: The City should, upon request of an employee, investigate reported cases of contagious and/or infectious diseases or other health/safety problems which are likely to be detrimental to the health or safety of the employee.
Section 3 - Right to Refuse Unsafe/Unhealthful Work: Employees have the right to refuse performance of work he/she reasonably believes poses an imminent hazard to his/her health or safety, or the health or safety of fellow employees or the public. This right of refusal is independent of any right of refusal provided by law and is not contingent on performance of the work being in violation of any standard or order of OSHA or Cal- OSHA Section 4 - No Discrimination: No employee shall be in any way discriminated against as a result of reporting conditions believed to be health/safety hazards.
Section 5 - Health/Safety Committee: The City has established a health and/or safety committee. The Association shall have the right to appoint a representative and one alternate to serve on said committee.
30 ARTICLE 19 - Labor - Management Committee
A. A Labor-Management Committee shall be established for the purpose of discussing matters of mutual concern outside of the scope of representation and matters related to the administration of this Agreement.
B. The Committee shall be composed of three representatives (3) of the Association, one (1) staff representative from the Association and up to four (4) representatives of the City.
C. The committee shall meet at least quarterly, or upon the written notification of either party for the purpose of discussing matters of mutual concern. Grievances and disciplinary actions shall not be discussed at such meetings. Matters subject to the duty to bargain may be discussed, however, the Labor-Management Committee shall not have the authority to add to, amend, or modify this agreement.
Ap tried any contions set for in 21 daeme ust heredy ratied by the unit members and For CALEXICO: For C.M.E.A.:
Juan Contreras Date Martha L. Gomez Date
Acting City Manager Interim CMEA President
Denise Garcia Date Luz E. Villanueva Date
Human Resources Manager Interim CMEA Vice President
31 GENERAL SALARY SCHEDULE
EFFECTIVE 7/1/2024 5% COLA
STEP (Increase by 5%)
RANGE (Incr. by 2.5%) 1 2 4 5
Hourly 19.117 20.073 22.131 237 Labe
Pay Period 1,529 1,606 1,770 59 Meter Rea
23GX-10 Monthly 3,314 3,479 3,836 4,028 Custodian
Annual 39,764 41.752 46,032. 48,333 Fuel Lineman (PT)
Hourly 19.117 20.073 21.077 22.131 23.237 Library Assistant I! Pay Period 1,529 1,606 1,686 1,770 1,859
23GX-11 Monthly 3,314 3,479 3,653 3,836 4,028
Annual 39,764 41,752 43,840 46,032 48,333
Hourly 19.117 20.0732 21.0769 22.1307 23.2373 Library Technician Pay Period 1,529 1,606 1,686 1,770 1,859
23GX-13 Monthly 3,314 3,479 3,653 3,836 4,028
Annual 39.764 41,752 43,840 46,032 48,333
Hourly 19.117 20.0732 21.0769 22.1307 23.2373 Police Recruit (Academy Cadet) Pay Period 1,529 1,606 1,686 1,770 1,859 Cultural Arts Assistant 23GX-14 Monthly 3,314 3,479 3,653 3,836 4,028
Annual 39,764 41.752 43,840. 46,032 48,333
Hourly 19.117 20.0732 21.0769 22.1307 23.2373 Accounting Assistant I Pay Period 1,529 1,606 1,686 1,770 1,859 Office Assistant 23GX-15 Monthly 3,314 3,479 3,653 3,836 4,028
Annual 39.764 41.752 43,840 46,032 48.333
Hourly 19.117 20.0732 21.0769 22.1307 23.2373 Accounting Assistant I Pay Period 1,529 1,606 1,686 1,770 1,859 Wastowater Treatment Plant Maint. Worker G-17 Monthly 3,314 3,479 3,653 3,836 4,028 Water Treatment Plant Maintenance Worker Annual 39,764 41,752 43,840 46,032 48,333
Hourly 19.117 20.0732 21.0769 22.1307 23.2373 Administrative Assistant Pay Period 1,529 1,606 1,686 1,770 1,859 Parking/Traffic Officer G-18 Monthly 3,314 3,479 3,653 3,836 4,028 Parking Control Assistant Annual 39,764 41.752 43,840 46,032 48,333
Hourly 19.9729 20.9716 22.0202 23.1212 24.2772 Records Assistant Pay Period 1,598 1,678 1,762 1,850 1,942
G-20 Monthly 3,462 3,635 3.817 4,008 4,208
Annual 41,544 43,621 45,802 48,092 50,497
Hourly 20.4722 21.4959 22.5707 23.6992 24.8841 Animal Control Officer Pay Period 1,638 1,720 1,806 1,896 1,991 Permit Technician G-21 Monthly 3,549 3,726 3,912 4,108 4,313
Annual 42,582 44,711 46,947 49,294 51,759
Hourly 20.9841 22.0333 23.1349 24.2917 25.5062 Environmental Services Worker Pay Period 1,679 1,763 1,851 1,943 2,040
G-22 Monthly 3,637 3,818 4,010 4,211 4,421
Annual 43,647 45,828 48,121 50,527 53,053
Effective 07/01/2024 Page 1 of3
GENERAL SALARY SCHEDULE
EFFECTIVE 7/1/2024 5% COLA
STEP (increase by 5%)
RANGE (Incr. by 2.5%) 1 2 4 5
Hourly 21.5087 22.5841 23.7133 24.8990 26.1439 Heavy Equipment Operator Pay Period 1,721 1,807 1,897 1,992 2,092 Parks Maint. Crew Leader G-23 Monthly 3,728 3,915 4,110 4,316 4,532 Crew Leade
Annual 44,738 46.975 49.324 51,790 54,379 Street Painter Hourly 22.0464 23.1487 24.3061 25.5214 26.7975 Evidence Technician Pay Period 1,764 1,852 1,944 2,042 2,144
G-24 Monthly 3,821 4,012 4,213 4,424 4,645
Annual 45,856 48,149 50,557 53,085 55,739
Hourly 22.5975 23.7274 24.9138 26.1595 27.4674 Building Maint. Worker Pay Period 1,722 1,808 1,898 1,993 2,093 Community Sports Coordinator G-25 Monthly 3,730 3,917 4,113 4,318 4,534 Mechanic I/Service Advisor Annual 44,765 47,003 49,353 51,821 54,412 Senior's Program Coordinator Hourly 23.1625 24.3206 25.5366 26.8135 28.1541 Revenue Officer Pay Period 1,765 1,853 1,946 2,043 2,145 Utility Billing Officer G-26 Monthly 3,824 4,015 4,216 4,426 4,648
Annual 45,884 48,178 50.587 53,116 55,772
Hourly 24.9286 26.1760 27.4838 28.8580 Electrician/HVAC Technician Pay Period 1,899 1,994 2,094 2,199 Mechanic il
G-27 Monthly 4,115 4,321 4,537 4,764 Welder
Annual 49,382 51,852 54,444 57,166
25.5518 26.8294 28.1709 29.5794 Code Enforcement Officer 1,947 2,044 2,146 2,254
G-28 4,218 4,429 4,650 4,883
50,617 53,148 55,805 58,595
26.1906 27.5001 28.8752 30.3189 Engineering Technician
1,995 2,095 2,200 2,310
G-29 4,324 4,540 4,767 5,005
51,882 54,476 57,200 60,060
26.8454 28.1877 29.5970 31.0769 Accountant
2,045 2,148 2,255 2,368 Utility Services Coordinator
4,432 4,653 4,886 5,130
53,179 55,838 58,630 61,562
27.5165 28.8923 30,3370 31.8538 Community Recreation Coordinator 2,096 2,201 2,311 2,427
4,542 4,770 5,008 5,258
54,509 57,234 60,096 63,101
30.3731 31.8917 33.4863 35.1606 Building Inspector 1(PT) Pay Period 2,314 2,430 2,551 2,679
G-35 Monthly 5,014 5,265 5,528 5,804
Annual 60,168 63,176 66,335 69,652
Effective 07/01/2024 Page 2of3
GENERAL SALARY SCHEDULE
EFFECTIVE 7/1/2024 5% COLA
STEP (Increase by 5%
RANGE (Incr. by 2.5%) 4 5
Hourly 29.6499 31.1324 32.6890 34.3235 36.0397 Public Works Analyst Pay Period 2,372 2,615 2,746
G-36 Monthly 4,895 5,139 5,396 5,666 5,949
58,735 67,993 71,393
Hourly 31.1509 32.7085 34.3439 36.0611 37.8642
Pay Period 2,373 2,492 2,617 2,748 2,885 Project Inspector G-38 Monthly 5,142 5,399 5,669 5,953 6,251 Building Inspector !! Annual 61,709 64,794 68,034 71.435 75,007
Hourly 34,3848 36.1041 37.9093 39.8047 41.7950 Building Official Pay Period 2,620 2,751 2,888 3,033 3,184
G-42 Monthly 5,676 5,960 6,258 6,571 6,899
Annual 68,115 71,520 75,096 78,851 82,794
Hourly 25.5400 26.8170 28.1579 29.5658 31.0441 Executive Assistant Pay Period 2,043 2,145 2,253 2,365 2,484
E-10 Monthly 4,427
Annual 53.123 55,779 58,568 61,497 64,572
Effective 07/01/2024 Page 3 of 3
ATTACHMENT NO. 2
ATTACHMENT 2
RESOLUTION NO. 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, APPROVING AND ADOPTING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CALEXICO MUNICIPAL EMPLOYEES'
ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO SIGN THE MEMORANDUM OF
UNDERESTANDING ON BEHALF OF THE CITY
WHEREAS, Employer-Employee Relations for the City of Calexico ('City") are governed by California Government Code section 3500 through 3511, known as the Meyers-Milias-Brown Act, and Calexico City Council Resolution No. 2204, entitled: "Resolution of the City Council of the City of Calexico Pertaining to Employer-Employee Relations for the City of Calexico," dated July 7, 1970, which is also referred to as the "Employer-Employee Relations Resolution of the City of Calexico"; and WHEREAS, the Memorandum of Understanding ("MOU") between the City and Calexico Municipal Employees Association ("CMEA") expired on June 30, 2024; and WHEREAS, the parties held "meet and confer" sessions in an effort to reach an agreement on a new MOU; and
WHEREAS, the City and the CMEA reached an agreement for a new MOU for the Period of July 1, 2024, through June 30, 2025; and
WHEREAS, the Memorandum of Understanding has been ratified and approved by the membership of the CMEA; and
WHEREAS, upon approval of this Resolution by the City Council, the Memorandum of Understanding shall reflect the sole agreement of the parties and supersede all prior agreements whether written or oral; and WHEREAS, the provisions in the Memorandum of Understanding shall go into effect July 1, 2024; and NOW, THEREFORE, be it resolved, determined, and ordered by the City Council of the City of Calexico:
Section 1. The above recitals are true and correct and are deemed to be findings by the City Council.
Section 2. The Memorandum of Understanding between the City and the CMEA referenced herein is hereby approved and adopted.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Calexico at the special meeting this 215 day of August 2024.
Mayor
ATTEST:
City Clerk
ATTACHMENT 2
STATE OF CALIFORNIA)
CITY OF CALEXICO ) sS,
COUNTY OF IMPERIAL)
1, Veronica Alvarado, City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 2024-_ → was duly adopted by the City Council at a meeting of said City Council held on the 21s day of August 2024, and that it was so adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk, City of Calexico
SEAL