BETWEEN AND FOR THE
CITY OF FRESNO
AND THE
CITY OF FRESNO MANAGEMENT EMPLOYEES ASSOCIATION
(Management Classes - Unit 14)
August 1, 2022 through June 16, 2024
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TABLE OF CONTENTS
ARTICLE I – PREAMBLE ................................................................................................ 1 A. PURPOSE ........................................................................................................ 1 B. DEFINITIONS ....................................................................................................... 1 C. GOVERNING LAWS ............................................................................................ 1 ARTICLE II – EMPLOYEE RIGHTS ................................................................................ 2 A. GENERAL ........................................................................................................ 2 B. NONDISCRIMINATION ........................................................................................ 2 C. EMPLOYEE RESPONSIBILITIES ........................................................................ 2 D. PERSONNEL FILES ............................................................................................ 2 ARTICLE III – CITY RIGHTS .......................................................................................... 4 A. GENERAL ........................................................................................................ 4 ARTICLE IV – RECOGNITION ....................................................................................... 6 A. ASSOCIATION RECOGNITION ........................................................................... 6 B. UNIT DESCRIPTION ............................................................................................ 6 C. CITY RECOGNITION ........................................................................................... 7 D. RECOGNITION OF MUTUAL OBLIGATION ........................................................ 7 E. NEW EMPLOYEE ORIENTATION ....................................................................... 7 F. EMPLOYEE INFORMATION ................................................................................ 7 G. LOCKOUT AND STRIKES ................................................................................... 8 ARTICLE V – REPRESENTATION AND RESOLUTION OF CONCERNS ..................... 9 A. SCOPE OF REPRESENTATION ......................................................................... 9 B. REPRESENTATION OF EMPLOYEES ................................................................ 9 C. RESOLUTION OF CONCERNS ........................................................................... 9 D. CORRECTIVE ACTIONS ................................................................................... 10 ARTICLE VI – COMMUNICATIONS ............................................................................. 11 A. ASSOCIATION BUSINESS ................................................................................ 11 B. ASSOCIATION OFFICERS AND DIRECTORS ................................................. 11 C. EXCHANGE OF INFORMATION ....................................................................... 11 ARTICLE VII – DUES DEDUCTIONS ........................................................................... 13 A. GENERAL ...................................................................................................... 13 B. EXCEPTION TO THE DUES DEDUCTION AUTHORIZATION ......................... 13 C. DUES DEDUCTION ........................................................................................... 13 ARTICLE VIII – COMPENSATION AND BENEFITS ..................................................... 14 A. GENERAL 14
B. SALARIES AND PENSION ................................................................................ 14 C. PREMIUM PAY .................................................................................................. 17 D. PROFESSIONAL ENGINEER LICENSE RENEWAL REIMBURSEMENT ....... 18 E. LIFE INSURANCE AND DISABILITY COVERAGE ............................................ 18 F. FRESNO CITY EMPLOYEES HEALTH AND WELFARE .................................. 20 G. LEAVES ...................................................................................................... 20
1. Attendance Policy ............................................................................................... 20
2. Annual Leave...................................................................................................... 20 City of Fresno Management Employees Association Page ii MOU 8/1/2022 – 6/16/2024
3. Supplemental Sick Leave ..................................................................................... 1
4. Holiday Leave ....................................................................................................... 2
5. Management Leave .............................................................................................. 3
6. Management Time Off .......................................................................................... 3 H. HEALTH REIMBURSEMENT ARRANGEMENT (HRA) ....................................... 4 I. WORKERS’ COMPENSATION ............................................................................ 5 J. COURT TIME ....................................................................................................... 6 K. WORK SCHEDULES ........................................................................................... 6 L. USE OF PERSONAL VEHICLES ......................................................................... 6 M. BENEFITS FOR PERMANENT PART-TIME EMPLOYEES ................................ 6 ARTICLE IX – HEADINGS, SAVING CLAUSE, AND FULL UNDERSTANDING ............ 8 A. HEADINGS ........................................................................................................ 8 B. SAVING CLAUSE ................................................................................................. 8 C. FULL UNDERSTANDING .................................................................................... 8 ARTICLE X – TERMINATION ......................................................................................... 9 EXHIBIT 1 – SALARIES EFFECTIVE JANUARY 3, 2022 ............................................. 11 EXHIBIT 2 – SALARIES EFFECTIVE JUNE 20, 2022 .................................................. 13 EXHIBIT 3 – SALARIES EFFECTIVE JUNE 19, 2023 .................................................. 15
LEGEND
* * * = deleted old language
[§ deleted] = section/subsection deleted
[§§ deleted] = two or more sections/subsections deleted bold type = new language
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ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding (MOU), entered into between the City of Fresno, hereinafter referred to as the City, and the City of Fresno Management Employees Association, Management Unit, hereinafter referred to as the Association, CFMEA, or as Unit, has as its purpose the establishment of wages, hours, and other terms and conditions of employment, and to promote collaboration in the resolution of issues affecting all parties.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and, except to the extent that a particular word or phrase is otherwise specifically defined in this MOU, the definitions and provisions contained in Article 2 of Chapter 3 , and Sections 3-101, 3- 201, 3 -202, 3-501, an d 3-603 of the Fresno Municipal Code (FMC) shall govern the construction, meaning, and application of words and phrases herein. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
C. GOVERNING LAWS
The legal relationship between the City and its employees and the City and the Association is governed by Chapter 10 of Division 4 of Title I of the Government Code, Section 3500 et seq., (commonly known as the Meyers-Milias-Brown Act or MMBA), as may be amended from time to time, and Article 6 of Chapter 3 of the FMC. In the event of conflict between said laws and this MOU, or in the event of conflicts in interpretation, said laws shall govern.
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ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees are set forth in Section 3-604 of the FMC, and said section presently reads as follows:
"Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment.
Employees shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relationship with the City. No employees shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by an employee or an employee organization because of exercise of any of these rights. No management employee or confidential employee shall act as a representative of any employee organization which represents employees other than management employees or confidential employees."
B. NONDISCRIMINATION
The provisions of this MOU shall apply to and be exercised by all members of the Association consistent with state and federal nondiscrimination statutes.
C. EMPLOYEE RESPONSIBILITIES
All employees in the Unit acknowledge that the City shall consider the positions and proposals of the Association as the meet and confer positions and proposals of all employees, individually and collectively, in said Unit.
D. PERSONNEL FILES
1. The Personnel Services Department shall maintain the official personnel file for each employee. Each employee may review, or authorize in writing its review by a designated representative, subject to reasonable rules and regulations, and receive a copy of all material placed in either their official file or departmental personnel file. If an employee disagrees with the content of a document placed in either file, it shall be the right of the employee to submit a response to the Director of Personnel Services to be attached to the document in question and included in the appropriate file.
Personnel files are confidential and access is limited.
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2. Documents, including performance evaluations, retained in the employee’s departmental personnel file shall be forwarded to the employee’s new department if the employee transfers, promotes, or demotes. The file should be forwarded to Personnel Services Department when the employee leaves City service.
3. Inquiries regarding employment references shall be administered in accordance with existing City policies.
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ARTICLE III
CITY RIGHTS
A. GENERAL
1. The rights of the City include those rights enumerated in FMC Section 3- 605, as the same may be amended from time to time. Specifically:
"(a) The exclusive rights to the City include, but are not limited to, the right to
(1) determine the missions of its constituent departments, divisions, commissions, and boards;
(2) set standards of service and municipal fees and charges;
(3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion;
(4) direct its employees;
(5) take disciplinary action;
(6) relieve its employees from duty because of lack of work or other legitimate reasons;
(7) maintain the efficiency of governmental operations;
(8) determine the methods, means, and personnel by which government operations are to be conducted;
(9) determine the content of job classifications;
(10) take all necessary actions to carry out its mission;
(11) exercise complete control and discretion over its organization and technology of performing its work."
2. The rights of the City include the determination of staffing levels, including but not limited to, staffing by shift and class.
3. All other rights formerly or presently enjoyed by or vested in the City on the effective date of this MOU and not mentioned in Section 1.(a) above are retained by and reserved to the City unless explicitly waived by the City by resolution of the Council or by Council-approved MOU.
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4. Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority.
5. This MOU is not intended to restrict consultation in good faith with the Association regarding matters within the right of the City to determine.
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ARTICLE IV
RECOGNITION
A. ASSOCIATION RECOGNITION
1. The City acknowledges the Association as the recognized employee organization representing the Management Classes Unit, and therefore, shall meet and confer in good faith promptly upon request by either party * * * and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU . In order that the meet and confer process includes adequate time for full consideration of the proposals of both parties and for the resolution of any impasse, the City shall accept proposals from the Association as early as three (3) months prior to the date * * * the MOU expires.
2. It is expressly agreed and understood by the parties that under Government Code Section 3502.5, an agency shop agreement shall not apply to management, confidential , or supervisory employees. As used in this section, "agency shop" means an arrangement that requires an employee, as a condition of c ontinued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of such organization for the duration of the a greement, or a period of three years from the effective date of such agreement, whichever comes first. Employees of the City shall have the right to refuse to join or participate in the activities of the Association and shall have the right to represent themselves individually in their employment relationship with the City of Fresno. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by the Association because of the exercise of these rights.
B. UNIT DESCRIPTION
The Association represents one unit consisting of Management employees holding a permanent position, as defined in FMC Section 3-202(p)(4), in one of the classes listed in Exhibit 14 of the Salary Resolution, as such Unit may be modified from time to time in the manner designated in the FMC.
All classes in Exhibit 14 of the Salary Resolution are part of the Unclassified Service, as defined in the City Charter Section 1000. Members of the Unclassified Service are at-will employees who serve at the will of the appointing authority and are not covered by the City's Civil Service regulations or procedures unless they also apply specifically to employees holding permanent positions in the Unclassified Service.
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C. CITY RECOGNITION
The Association recognizes the City Manager of the City of Fresno, or such person as may be designated in writing, as the designated representative of the City, and shall meet and confer in good faith promptly upon request by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on a successor MOU.
D. RECOGNITION OF MUTUAL OBLIGATION
The Association and t he City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in this MOU.
E. NEW EMPLOYEE ORIENTATION
The Personnel Services Department (PSD) pr ovides a new employee orientation program to all new City employees (i.e., NEO). PSD will notify the Association at least 10 days’ in advance of a scheduled NEO, and at the end of the work week immediately preceding the NEO if the NEO will include any individuals who will be represented by the Association, unless the City is unable to reasonably do so because of an unforeseeable urgent need critical to City operations.
A representative of the bargaining unit will be invited to the NEO meeting room immediately prior to a session to be conducted by the bargaining unit and will be introduced by a City staff member. The bargaining unit will be provided an opportunity to meet with new bargaining unit members at the last session of the NEO. The session will be scheduled for twenty (20) minutes. This session will not be held if there are no new bargaining unit members attending the NEO or if the bargaining unit representative is not available.
F. EMPLOYEE INFORMATION
The City will provide the employee information it has o n file in compliance with Government Code §3358 for all new hires in the bargaining unit within 30 days of hire, as well as all employees represented by the Association at least once per quarter.
Pursuant to G overnment Code §3358 , employees may opt out of releasing the following information to the Association: home address, home and personal cellular telephone numbers, and personal email addresses. The City of Fresno’s Dues Deduction Authorization shall be modified to include the opportunity for th e employee to opt out of releasing the above information, and notification that the City will furnish Unit required information pursuant to Government Code §3358.
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G. LOCKOUT AND STRIKES
1. In the event the meet and confer process beginning prior to the expiration of this MOU results in an impasse, the City shall not take unilateral action regarding wages, hours, and other terms and conditions of employment prior to completion of any impasse resolution procedures required under State bargaining law.
2. No unlawful strike or work stoppages by City employees, as defined in the FMC Section 3 -624 or state bargaining laws, shall be caused, instigated, encouraged, condoned, participated in, or honored by the Association or its members during the term of this MOU.
3. No lockout of employees shall be instituted by the City during the term of this MOU.
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ARTICLE V
REPRESENTATION AND RESOLUTION OF CONCERNS
A. SCOPE OF REPRESENTATION
"Scope of representation" shall be as defined in FMC Section 3-603(w), as the same may be amended from time to time. Said Section presently reads as follows:
"Scope of representation" means all matters relating to employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.
Employee rights, as set forth in Section 3-604, and City rights as set forth in Section 3-605(a), are excluded from the scope of representation."
B. REPRESENTATION OF EMPLOYEES
1. A member of the Association whose presence is requested by management to discuss or review an action of the employee has the right to be represented by an Officer, Director, or member of the Association if it appears that the discussion or review may result in a reprimand (oral or written), suspension, demotion, or termination. Should an employee request such representation, no further discussion or review may occur until a representative is present, except that an unreasonable delay shall not result from such a request. The presence of a representative of the employee's own choosing who is not an Officer, Director, or member of the Association shall also satisfy the requirements of this section. An employee shall not represent nor be represented by an individual within the employee’s line of supervision.
2. This Section does not apply to the normal ongoing employment relationship or supervisor/subordinate relationship between the City and its employees, when such matters include, but are not limited to, work direction, scheduling, and non- disciplinary counseling, or performance evaluations, except as provided in Article VIII, Section B. 4.
3. The Association agrees to represent employees in this Unit in a manner consistent with the requirements of the Meyers -Milias-Brown Act and applicable state and federal regulations.
C. RESOLUTION OF CONCERNS
Concerns regarding the interpretation or application of the provisions of this MOU shall be resolved exclusively as outlined in Administrative Order 2- 15, Resolution of Concerns of Management and Confidential Employees. The City recognizes the City of Fresno Management Employees Association Page 10 MOU 8/1/2022 – 6/16/2024
right of employees who are members of the Association to be represented by the Association in resolving concerns.
D. CORRECTIVE ACTIONS
Employment and separation of employment for employees holding a permanent position in the Unclassified Service, pursuant to FMC Section 3 -277 and Fresno City Charter Section 1000, will be consistent with the applicable provisions of the FMC and the Charter. Employees hired by the City on or after December 30, 2013 will not be covered by FMC Section 3-277. Unclassified employees are not covered by Civil Service regulations or procedures unless they also apply specifically to employees holding permanent positions in the Unclassified Service, and are at-will employees who serve at the pleasure of the appointing authority.
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ARTICLE VI
COMMUNICATIONS
A. ASSOCIATION BUSINESS
The City agrees to allow Association Officers, subject to the approval of each employee's supervisor and the needs of the City, reasonable leave for the day-to- day conduct of Association business, including representation of employees as provided in Article V. Attendance at Association conferences, workshops, training, etc., will be charged to the employee’s accrued leave benefits, to be designated by the employee. Approval of such leave will not be unreasonably withheld.
B. ASSOCIATION OFFICERS AND DIRECTORS
A written list of the Officers of the Association and the Association Directors, with the specific areas they represent, shall be furnished to the City immediately after their designation and the Association shall notify the City promptly in writing of any changes of such Association Officers or Directors.
C. EXCHANGE OF INFORMATION
1. General
On a timely basis, the City shall provide notification to the Association upon posting amendments to * * * Administrative Order s Manual, new and amended Salary Resolutions, new and amended Position Authorization Resolutions, and job bulletins on the City’s website that affect employees in this Unit.
2. Class Specifications
Revisions to specifications for classes contained in this Unit will be provided to the Association for review and comment prior to adoption by the Director of Personnel Services.
3. If new classes are created which the City determines appropriate for inclusion in this Unit, the City shall provide a copy of the specifications to the Association and reasonable notice and opportunity to meet and confer prior to the action to adopt a salary for the classes. If, after a reasonable period of meeting and conferring, agreement cannot be reached, staff, after notifying the Association, will forward their recommendation to the City Council.
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4. The Association shall provide the Labor Relations Division with a copy of its By-Laws. Whenever those By -Laws are amended, the Association shall promptly provide an updated copy of the By -Laws to the Labor Relations Division.
[§ deleted]
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ARTICLE VII
DUES DEDUCTIONS
A. GENERAL
1. The City shall deduct the dues or benefit premiums, or both, following receipt of notice from the Association that authorization has been provided to the Association by members in the Unit. The City shall stop dues deductions or benefit premium deductions, or both, upon receipt of notice from the Association that authorization has been provided to the Association by members in the Unit. Should there be a dispute regarding the deduction of dues, the Association shall provide the City with a copy of the authorization(s) signed by the employee.
2. Dues deductions will be terminated when an employee leaves the bargaining unit.
3. The Association, in consideration for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with California Senate Bill 866 approved on June 18, 2018, shall hold harmless the City of Fresno, its officers, and employees from any liability that may result from making, canceling, or changing requested deductions.
B. EXCEPTION TO THE DUES DEDUCTION AUTHORIZATION
The members' earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues de duction authorized.
When a member is in unpaid status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor will the member be allowed to deposit with the City Controller the amount which would have been deducted if the member had been in a paid status during the pay period.
Whenever the member's salary is not sufficient to cover other legal and required deductions, no dues deduction or deposit shall be made.
C. DUES DEDUCTION
Dues deduction shall be transmitted at least monthly to an account specified the City of Fresno Management Employees Association.
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ARTICLE VIII
COMPENSATION AND BENEFITS
A. GENERAL
All economic benefits provided by Council ordinance or formal Council resolution, and not otherwise clearly and explicitly modified or restricted in this MOU, shall be continued without alteration during the term of this MOU.
B. SALARIES AND PENSION
1. * * * Effective January 3, 2022, the base rate of pay for employees in Unit 14 will be increased by three percent (3%), as reflected in Exhibit 1, attached hereto and incorporated by reference.
2. Effective * * * June 20, 2022, the base rate of pay for employees in Unit 14 will be increased by * * * three percent (3%) as reflected in Exhibi t * * * 2, attached hereto and incorporated by reference.
3. Effective June 19, 2023, the base rate of pay for employees in Unit 14 will be increased by three percent (3%) as reflected in Exhibit 3, attached hereto and incorporated by reference.
4. Performance Evaluations and Step Placement
Annual performance evaluations shall be conducted prior to an employee’s anniversary date in the current position by the Department Director or designee, utilizing the City of Fresno Performance Evaluation Form attached hereto as Exhibit 4 and incorporated by this reference.
a. Salary increases will be determined by the Performance Evaluation as follows:
(1) 1 overall on the Performance Appraisal Rating– 0%.
(2) 2 overall on the Performance Appraisal Rating– 0%.
(3) 3 overall on the Performance Appraisal Rating – move up to the next higher step; however, if any competency is below a rating of 3, no increase will be provided; however, the employee will be re-evaluated in six (6) months.
(4) 4 or 5 overall on the Performance Appraisal Rating – move up two steps; however, If any competency is below a rating of 3, no increase will be provided; however, the employee will be re-evaluated in six (6) months.
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(5) An employee who has been subjected to any formal
disciplinary action in the twelve (12) months preceding their annual performance evaluation will not be eligible for a salary increase.
(6) No employee shall be moved beyond the top step through this process.
b. Any step increase, as determined above, will be effective on the employee’s anniversary date.
c. The results of an employee’s annual performance evaluation rating are final and are not subject to an appeal process.
d. The annual performance evaluation will include clear objectives for the next rating period.
e. Upon promotion into the unit, an employee’s salary shall be increased by at least five percent (5%) or it shall be at the bottom of the salary step range, whichever is greater, but not to exceed the top of the salary range.
5. The City shall reimburse seventy-five dollars ($75.00) per month to all Unit employees in deferred compensation who voluntar ily participate in the City’s deferred compensation plan and make a contribution of at least fifty dollars ($50) per month.
6. Pension Pick-Up and Reopener on Normal Cost
Employees hired by the City on or after August 1, 2015 shall make an additional contribution equal to 1.5% of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees hired by the City who enter Unit 14 on or after August 1, 2015 and were paying an additional one and one half percent (1.5%) of their pensionable compensation immediately prior to entering Unit 14, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick -up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the 1.5% contribution in cash. The 1.5% contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Option Program (“DROP”) account.
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The City and the Association agree to a limited reopener of this provision in regard to the possible revision of Normal Contributions to the Employee Retirement System for those employees paying an additional one and one half percent (1.5%).
7. Retirement
a. For purposes of calculating Compensation Earnable as defined in FMC 3- 501 for Unit 14 employees in Step Plan Range classes (identified on Exhibits 1, 2 and 3), Final Compensation shall be determined by FMC 3- 501(i)(3).
b. For purposes of calculating Compensation Earnable as defined in FMC 3- 501 for non-DROP active and deferred vested members who vacated a Unit 14 class before January 6, 2020, and thereafter did not return to said class, Compensation Earnable used in the calculation of Final Compensation as defined in FMC 3-501(i)(3) shall be calculated as follows:
Beginning July 1 following the date the member vacates a class, the member’s Compensation Earnable at the time of vacating the class shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e. general price inflation) and the Employment Cost Index (hereafter “ECI”) for Wage Inflation (i.e. across the board pay increases) for State and local government employees, as publi shed by the Bureau of Labor Statistics of the United States Department of Labor.
Determination of the percentage of annual increase or decrease in CPI and ECI shall be made by the Retirement Board on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable subject to the following limitations:
The first and last step in a Step Plan Range class shall represent the bottom and top of a range respectively.
Banking shall not be applied nor shall the sum of accumulated CPI and ECI adjustments plus Compensation Earnable exceed the range approved by the City Council each July 1st.
The sole exception to exceeding the range will be individuals who were “Y- Rated at the time of separation.” These individuals will be held at their Y - Rated salary until such time as the range of their classification equals or exceeds the individual’s Y-Rated salary.
This process will continue each July 1 until the member elects to begin City of Fresno Management Employees Association Page 17 MOU 8/1/2022 – 6/16/2024
receiving the retirement benefit or to participate in the DROP. This adjusted Compensation Earnable shall be used in the member’s final compensation for the calculation of the retirement benefit.
If a member held more than one position during their highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro- rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and ECI shall be used in the member’s final compensation for the calculation of the retirement benefit.
C. PREMIUM PAY
1. Certificate/License/Registration Premium Pay - If any of the certificates, licenses and/or registrations detailed in the paragraph below are determined by the City to be minimum qualifications in the job classification, premium pay for that particular certificate, license and/or registration shall not be paid.
Permanent employees in the class of Building Services Manager, who possess a valid registration as an Architect, Civil Engineer, Electrical Engineer, Structural E ngineer, or Traffic Engineer issued by the State of California, shall receive an additional five percent (5%) of their base rate of pay per month.
2. Bilingual Premium Pay Program - The City and the Association jointly encourage employees to use their language skills to provide the highest level of service to the community. The bilingual certification program consists of a City administered examination process whereby employees may apply for bilingual examination and if certified by the examiner, receive bilingual premium pay for interpreting and translating.
a. The Bilingual certification examinations will be conducted as needed.
In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will n o longer receive bilingual premium pay.
b. Department Directors, or their designees, shall designate those positions or assignments in which bilingual skill is desired.
Applications for a bilingual examination must be signed by the Department Director or designee.
Bilingual examination results are not appealable or grievable.
c. Bilingual certification examinations are conducted for languages as specified in the Salary Resolution.
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d. Employees who have passed the bilingual examination and who are receiving bilingual premium pay may not refuse to translate while on the job.
e. Employees who are bilingual but who have chosen to not receive bilingual premium pay shall not be required to translate on the job except in an emergency.
f. The bilingual premium pay rate will be one hundred dollars ($100) per month regardless of how many languages for which an employee is certified.
D. PROFESSIONAL ENGINEER LICENSE RENEWAL REIMBURSEMENT
Employees in classes and assignments designated by their department director, which require the possession and continued maintenance of a Professional Engineer (PE) license may request reimbursement of the actual cost of PE license renewal fees up to $180 every two years. Employees requesting reimbursement for PE license renewal fees must complete a Travel and Expense Reimbursement form provided by the Finance Department, obtain signature of their Department Director or designee, and attach proof of costs incurred by the employee for such renewal fees within ten (10) calendar days after incurring the cost.
E. LIFE INSURANCE AND DISABILITY COVERAGE
1. The City shall provide Life Insurance and Long Term Disability Insurance for members of this Unit in the amounts and formulas currently provided.
2. Leave Integration with State Disability Insurance (Including Paid Family Leave) (“SDI/PFL”)
Employees eligible for SDI/PFL benefits under Section 2601, et seq. of California Unemployment Insurance Code receive benefits pursuant to California Unemployment Insurance Code Section 2655.
Newly hired employees eligible for the SDI/PFL benefit, and employees transitioning from a bargaining unit with SDI/PFL participation, are eligible to integrate their leave bala nces under this Section.
Integrating leave balances is defined as using the SDI/PFL benefit combined with an appropriate number of hours per work week of the employee’s available leave balances added together to provide regular, bi-weekly income.
Before leave integration will occur, an employee must file a claim as required under SDI/PFL and make a timely election to integrate leave with SDI/PFL benefits which shall be no more than 100 percent of the employee’s normal bi -weekly gross wages (excluding overtime pay) immediately prior to the start of the disability period.
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A timely election to integrate leave shall be notification to the City as soon as practical, but no later than fourteen (14) calendar days after the SDI/PFL claim date. Notification shall be provided by completing an Integration Agreement Form provided by the City indicating whether or not the employee desires to integrate leave with the claim.
Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case- by-case basis by the Director of Personnel Services or their designee.
Employees who elect to integrate as described above must provide Payroll with a copy of the Employment Development Department’s (EDD) Notice of Computation within fourteen (14) calendar days of the issue date of the Notice, and are required to authorize EDD to share benefit computations with the City on their initial claim forms.
Extensions beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis.
Leave integration will not be allowed or provided for any period before the City receives the signed Integration Agreement Form and the Notice of Computation, including retroactive integration, unless exigent good cause circumstances apply (i.e., integration will occur only on a prospective basis after the City’s receipt of the required leave integration paperwork unless exigent good cause
circumstances apply).
Integrating leave balances with SDI benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. Once integration begins, it will continue as long as leave balances are available and SDI/PFL benefits continue.
Integration will end, whichever comes first in time, upon: (1) notification from the employee that SDI/PFL benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay sta tus, (3) the employee’s return to work, or (4) the employee’s separation from City employment.
3. Leave Integration with the City’s Long Term Disability Plan
Employees eligible for the City’s Long Term Disability Plan may elect to integrate leave time with those Plan benefits by signing an integration agreement as soon as practical, but no later than fourteen (14) calendar days after * * * the Long Term Disabil ity claim date. Notification shall be provided by completing an I ntegration Agreement Form provided by the City. * * * Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case- by-case basis by the Director of Personnel Services or their designee.
City of Fresno Management Employees Association Page 20 MOU 8/1/2022 – 6/16/2024
Employees who elect to integrate as described above must provide Payroll with a copy of the City’s Long Term Disability Plan’s Notice of Award within fourteen (14) calendar days of the issue date * * * of the Notice. Extension beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis.
Integration will end, whichever comes first in time, upon: (1) notification from the employee that Plan benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment.
F. FRESNO CITY EMPLOYEES HEALTH AND WELFARE
Effective July 1, 2014 the City shall contribute seventy- five percent (75%) of the employee’s health and welfare premium. Employees may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. After July 1, 2014, the cost of any future increases in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the City of Fresno Employees Health and Welfare Trust Board. At such time as the employee share is thirty percent (30%), the City shall pay seventy percent (70%).
Should any other represented bargaining unit in the City receive a greater contribution towards health benefits from the City, either through negotiation of a successor MOU, extension of the period of an MOU, or imposition of terms, resulting in a contribution by the City which is a percentage of the health premium as opposed to a flat contribution rate, the City and the Association will meet and confer with the goal of providing an equivalent benefit.
The parties agree to a limited reopener on health and welfare benefits. The reopener will include discussions on alternative health plans and/or modifications to the City of Fresno Health and Welfare Trust arrangement.
G. LEAVES
1. Attendance Policy
Effective July 1, 2006, the FMC, City administrative orders, City policies, procedures, rules and regulations concerning sick leave usage a nd administration shall apply. Administrative Order 2-19.1, Attendance Policy, shall no longer apply to members of this unit.
2. Annual Leave
a. Annual Leave Accrual - Vacation leave and sick leave will not be City of Fresno Management Employees Association Page 21 MOU 8/1/2022 – 6/16/2024
accumulated as provided in the FMC . Annual leave will be as detailed below.
(1) Less than Ten Years - For such employees who have been continuously employed by the City for less than ten (10) years * * * the annual leave accrual rate will be 15.5 hours for each completed calendar month of employm ent. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees Retirement System, the City agrees that it will increase the annual leave accrual rate to the same level for employees represented by the Association.
* * *
(2) More than Ten Years - For such employees who have been continuously employed by the City for ten (10) years or more * * * the annual leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher annual leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees Retirement System, the City agrees that it will increase the annual leave accrual rate to the same level for employees represented by the Association.
* * *
(3) Annual Leave Accumulation Limit – E mployees may
accumulate unused annual leave not to exceed eight hundred forty (840) hours.
Employees who have reached their Annual Leave
accumulation limit will have all hours exceeding the limit placed in a Special HRA bank to be credited to an HRA
account for eligible employees upon retirement, until
their Annual Leave accumulation falls below the 840 eight hundred forty (840) hour limit, at which point they will resume accumulating Annual Leave. Hours in the Special
HRA bank may not be used as leave time and cannot be
cashed out. There will be no cash out or transfer of hours in the Special HRA bank for employees who are not
eligible to participate in the HRA upon retirement.
Any employee with more than six hundred eighty (680) hours of annual leave as of December 30, 2013 * * * had all hours above 680 placed in a special annual leave bank which may be used for the same purpose as annual leave and shall be cashed out upon leaving City employment in accordance with subsection (6) below.
City of Fresno Management Employees Association Page 22 MOU 8/1/2022 – 6/16/2024
(4) Use of Annual Leave - Annual leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and
regulations.
(5) Unused Annual Leave Pay Out During Fiscal Year -
Employees will be permitted to cash out up to forty eight (48) hours or ten percent (10%) of their annual leave balance each fiscal year. During the term of this MOU, employees can only cash out annual leave before April 1
st of each fiscal year. No
cash out can be done between April 1st and June 30th.
(6) Unused Annual Leave Pay Out - Upon separation from City service, an employee will be compensated for all unused annual leave balances at their applicable base rate of pay.
Compensation received under this provision will not be
considered pensionable for retirement purposes. The FMC was modified to include a definition of annual leave, and exclude accrued annual leave pay outs from pensionable
compensation under the City of Fresno Employees
Retirement System.
(7) Transfer - An employee transferring to a position represented by a different bargaining group, which is not covered by annual leave, may either cash out their unused annual leave balance at the former class’ base rate of pay, or have the unused annual leave balance converted to a vacation leave balance of hours. The conversion is obtained by multiplying unused annual leave hours by the former class’ base rate of pay (convert to an hourly figure), dividing the product by the new class’ base rate of pay (convert to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee. (Conversion example: 100 [unused annual leave hours] x $15.00 [CFMEA class monthly base rate converted to hourly] = $1,500.00 [product] ÷ $20.00 [non-CFMEA class monthly base rate converted to hourly] = 75 [converted hours to be placed in a vacation balance
account].) Upon separation from City service, the employee who transferred to a position outside of Unit 14 will be compensated for all unused annual leave hours at the base rate of pay for the class held by the employee at the time of separation. Compensation received under this provision will not be considered pensionable for retirement purposes.
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b. Protected Sick Leave
Each fiscal year, employees will be allowed to use for themselves and family members up to the hours of Annual Leave accrued and available in six months for Protected Sick Leave for the purposes identified in California Labor Code Section 233. The employee, at their sole discretion, must determine whether to designate Leave used as Protected Sick Leave under California Labor Code 233. Employees shall note this designation when
reporting the absence. * * *
c. Sick Leave Balances Unused - Effective July 1, 2000 all employees occupying classes in this Unit who are employed in permanent positions at fixed monthly or yearly salaries, had their unused sick leave balances frozen.
(1) Use of Frozen Sick Leave - Frozen sick leave balances may be used in accordance with FMC 3-107, or for those purposes defined in California Labor Code Section 233 up to the
statutory amount for the fiscal year unless the statutory amount has been satisfied by use of other leaves for the fiscal year.
(2) Unused Frozen Sick Leave Pay Out - At service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees will be credited with the number of accumulated frozen sick leave balances in excess of 240 hours at the time of retirement multiplied by 40% of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA
provisions), pursuant to the City’s Health Reimbursement Arrangement as set forth in Section G., below.
(3) Employees who terminate City employment and return within one year of such termination will be entitled to reinstatement of their frozen sick leave balances up to a total of forty -eight (48) hours.
3. Supplemental Sick Leave
Employees shall be credited with forty (40) hours of supplemental sick leave, each fiscal year thereafter during the term of this MOU with an accrual limit of eighty (80) hours. Employees who have earned eighty (80) hours or more prior to July 1, 2015 shall retain those hours but shall not accrue any additional time. Upon their employment with the City, new employees appointed to such permanent positions shall be credited with a pro-rated number of hours for each full calendar month remaining on such appointment in the fiscal year. Employees may utilize the hours as follows:
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MOU 8/1/2022 – 6/16/2024
a. Once Frozen Sick Leave and Annual Leave have been exhausted;
b. As service credit on an hour-per-hour basis upon retirement;
c. Placed in a Health Reimbursement Arrangement in accordance with Article VIII, Section G;
d. To be cashed out at separation from the City if not eligible for participation in the Health Reimbursement Arrangement; * * *
e. May be used in the performance of community activities during the course of the employee’s normal work day, with approval of the Department Director or designee; or
f. During the first and second year of employment, where an employee is accruing Supplemental Sick Leave, up to one -half of the total time accrued during the fiscal year may be used in accordance with California Labor Code 233 once Frozen Sick Leave and Annual Leave have been exhausted.
4. Holiday Leave
a. Except as may be modified in this Section, Holidays shall be governed by FMC Section 3-116.
January 1
The third Monday in January
The third Monday in February
The last Monday in May
July 4
The first Monday in September
November 11
Thanksgiving Day in November
The Friday after Thanksgiving Day in November
December 25
Employee's Birthday
Two (2) * * * Personal Business Day s (8 hours credited to H oliday Leave balance on July 1 and on January 1 of each year ). Active employees on August 1, 2022 , will receive a one- time credit of eight (8) hours to their Holiday Leave balance.
Any day or part of a day declared by the Council, by Ordinance or Resolution, to be a holiday.
If January 1, July 4, November 11, or December 25 falls upon a Sunday, then the following Monday will be observed as the holiday in lieu of Sunday.
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b. Any employee in Unit 14 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to their holiday balance on the first day of the pay period following the date of such work.
c. When a holiday falls on a Saturday, or on an employee's regularly scheduled day off, an employee shall be credited with eight (8) hours of holiday leave on the first day of the following month.
d. Employees may request payment and be compensated for up to forty-eight ( 48) hours or ten percent (10%) of their holiday leave balance each fiscal year. Employees can only cash out holiday leave before April 1
st of each fiscal year. No cash out can be done between April 1st and June 30th.
5. Management Leave
Exempt employees shall receive sixty (60) hours of Management leave each fiscal year, and may request payment and be compensated for up to forty-eight (48) hours of their Management leave balance during the fiscal year in which it is credited. Upon employment by the City, new employees appointed to exempt positions shall be credited with five hours of Management leave for each full calendar month remaining in the fiscal year.
Management leave not taken or compensated during the fiscal year in which it is credited shall not be added to the leave credited in the next fiscal year, nor carried over. Exempt employees shall be compensated for any Management leave balance, not to exceed sixty (60) hours, upon termination from City service.
6. Management Time Off
City employees who are designated as exempt from overtime under the provisions of the Fair Labor Standards Act and who receive Management leave pursuant to paragraph 5., above, may be granted management time off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Management time off shall not be deducted from any other existing leave banks.
Management time off must be scheduled in advance when possible, approved as management time off by the employee’s supervisor or designee and generally taken in increments of less than one day.
Only Department Directors, Assistant Directors or Division Managers may approve management time off for a full day’s absence.
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H. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)
The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRAs. The City agrees to maintain the HRA such that it will continue to qualify as a “health reimbursement arrangement” for the term of the MOU.
At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used eighty (80) hours or less of leave used for sick time (excluding only hours used for protected leave such as family and medical leave, workers’ compensation leave, and/or bereavement leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used * * * to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses pursuant to the City of Fresno Retiree HRA Plan Document. The "value" of the account shall be determined as follows:
The number of accumulated S upplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay.
The number of accumulated Special HRA bank hours at the time of retirement multiplied by the employee's then current hourly base rate of pay.
The number of accumulated F rozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by * * * 80% of the employee’s then current hourly base rate of pay.
The hourly base rate of pay shall b e the equivalent of the monthly salary for an employee as reflected in Salary Resolution * * * multiplied by twelve (12) months then divided by 2,080 hours.
At the employer’s option, HRA accounts shall be book accounts only – no actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive).
The HRA accounts shall be used purs uant to the City of Fresno Retiree HRA Plan Document * * *. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA.
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MOU 8/1/2022 – 6/16/2024
While this provision is in effect employees shall not be allowed to cash out any accumulated or accrued supplemental sick leave or frozen sick leave at retirement.
I. WORKERS’ COMPENSATION
1. Notwithstanding the provisions of FMC Section 3-118, an employee in this Unit who suffers an injury or illness in the course and scope of City employment shall receive 66.67% of average weekly earnings in the fifty - two (52) weeks prior to the injury . Should the State- mandated workers ’ compensation rate of payment be adjusted, the City and the Association will have a limited reopener to adjust the rate accordingly. Employees on “light duty” as a result of an injury or illness suffered in the course and scope of employment shall receive their regular salary during the period of light duty.
a. Compensation for an accepted claim of a work related injury or illness shall begin following the first three (3) days after the employee leaves work as a result of the injury or illness. However, this three (3) day waiting period shall be waived and compensation shall begin on the first day of the work related injury or illness only if:
(1) the employee is hospitalized as an inpatient on the first day for at least twenty-four (24) hours; or
(2) the employee is absent fourteen (14) calendar days, or more.
2. Partial days of absence due to a w ork related injury or illness, including the day of injury or illness, shall be at full pay and shall not count towards the three (3) day exclusion period, however, this time shall be recorded as a work related injury/illness absence.
3. At the employee' s option, in the event of a work related injury/illness pay from the City is not provided during the first three (3) days of absence due to the work related injury or illness. T he employee may take frozen sick leave, annual leave, holiday or administrative leave for that period.
4. If the employee opts to use frozen sick leave, annual leave, holiday, or administrative leave for the first three (3) days and it is later determined that work related injury/illness pay under paragraph 1.a. above, beginning on the first day of a work related injury or illness is appropriate, the leave time shall be restored to the employee and the employee’s pay or leave balance will be adjusted accordingly. If the employee has been on leave without pay for the first three (3) d ays and it is later determined that pay is applicable from the first day, the employee shall be paid therefore.
5. If an employee is placed on frozen sick leave, annual leave, holiday, or administrative leave pending determination as to whether the injury or illness is industrial, and the injury or illness is determined to be industrial, frozen sick leave, annual leave, holiday, or administrative leave shall be City of Fresno Management Employees Association Page 6
MOU 8/1/2022 – 6/16/2024
restored and the employee placed on work related injury/illness leave as provided herein.
6. Retirement benefits shall not be reduced as a result of the level of compensation established herein. Changes in contribution by the City and employee shall be in accordance with applicable FMC Retirement Code sections.
7. Taxes shall not be withheld on compensation which is paid due to an injury or illness sustained in the course and scope of employment with the City.
J. COURT TIME
Notwithstanding the provisions of FMC Section 3-109, an employee in this Unit who receives a notice or subpoena requiring a court appearance during a pre- approved vacation, holiday or administrative leave, and appears at such court hearing and/or trial, shall be credited with annual leave, hol iday or administrative leave equivalent to the actual number of hours spent in court on such day(s).
K. WORK SCHEDULES
The City and employees of the Association may mutually agree to alternative work schedules for individual employees , including, but not limited to 9/80’ s. Both the City and the employee retain the right to withdraw the mutual agreement and return to the regular schedule established by the employee's division.
L. USE OF PERSONAL VEHICLES
Employees may be required, at the discretion of th e City, to use their personal vehicles for City business. Employees required to use their personal vehicles on City business, other than traveling to and from work, shall be reimbursed in accordance with Administrative Order 2-2, Transportation Allowance and Mileage Reimbursement Policy. Employees may be required, at the discretion of the City, to take a City vehicle home to facilitate efficient response to after -hours emergencies or City business, pursuant to Administrative Order 8 -8, City - Owned/Leased Vehicles/Acquisition, Assignment and Usage Policy.
M. BENEFITS FOR PERMANENT PART-TIME EMPLOYEES
Permanent Part -Time employees appointed to classes in this Unit shall accumulate benefits during their employment with the City of Fresno as follows:
1. Health and Welfare benefits shall be provided as outlined in Section E of this Article.
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MOU 8/1/2022 – 6/16/2024
2. Permanent Part-Time employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Permanent Part-Time employees who participated in the plan as a permanent full -time employee and whose contributions remain on deposit with the Fresno City Employees’ Retirement Syst em remain members of the Fresno City Employees’ Retirement System.
3. Leave – Permanent Part-Time employees shall be granted leave under the same terms and conditions as full-time employees except that such leave shall be at a rate proportionate to a permanent full -time employee occupying the same class, according to the number of hours scheduled to work.
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ARTICLE IX
HEADINGS, SAVING CLAUSE, AND FULL UNDERSTANDING
A. HEADINGS
MOU article, provision, and paragraph headings (includes exhibits, addenda, attachments, agreements, and side letters) contained herein are solely for the purpose of convenience only and shall not affect the construction or interpretation of any of the language of this MOU.
B. SAVING CLAUSE
In the event any article, section, or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specifically specified in the Court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated article, section, or portion thereof.
C. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the parties, and any previous understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entir ety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety. Those side letter agreements attached to this MOU shall continue in force subject to the terms and conditions set forth within each side letter. In the absence of any term in such new side letters, they, too, shall terminate upon the expiration of this MOU. This paragraph is not intended to prevent either party from relying on discussions which occurred during the meet and confer process for the purpose of clarifying the meaning of this MOU.
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ARTICLE X
TERMINATION
The provisions of this MOU shall be in full force and effect from * * * August 1, 2022 to * * * June 14, 2024, subject to the sections (A., B., and C.) below.
A. This MOU shall become effective only after ratification by the members of the Association, followed by City Council approval , * * * the expiration of the waiting period for the Mayor’s action provided in Charter Sections 605 and 609, and after all parties named on the signature page of this MOU have signed the MOU, and shall remain in full force and effect through * * * June 16, 2024.
B. During the term of this MOU, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation not addressed in this MOU, the party requesting any change shall request in writing to meet and confer on the item(s), which item(s) shall be specified in writing.
C. During the term of this MOU, either party may refuse any request by the other to meet and confer without explanation if the item is directly considered and specifically addressed herein, or if the specific item was included in a written proposal from the party making the request during the meet and confer process which led to this MOU. No unilateral action on any such refusable proposal may be taken by the requesting party after such a refusal by the other.
It is further agreed, however, that this section shall not prohibit the City from requesting to meet and confer on changes to federal, state , City statutes , regulations or case law, and City administrative policies referred to or cited in this MOU, in which case the request to meet and confer shall not be refused.
D. The parties agree to a limited reopener on Long Term Disability and participation in State Disability Insurance (SDI).
E. The parties agree to meet and confer during the term of the MOU on the following:
Revisions to the Personnel provisions of the Fresno Municipal Code (FMC),Chapter 3, Article 1);
Revisions to the Civil Service Regulations in the FMC, Chapter 3, Article 2; and,
Revisions to the Employer-Employee Relations provisions of the, Chapter 3, Article
6. City of Fresno Management Employees Association Page 11 MOU 8/1/2022 – 6/16/2024
EXHIBIT 1
Salaries Effective January 3, 2022
CLASS TITLE A B C D E F G H I
ADA Coordinator 6782 6952 7125 7302 7484 7672 7865 8060 8262 Administrative Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Airports Marketing & Public
Relations Coordinator 6782 6952 7125 7302 7484 7672 7865 8060 8262 Airports Operations Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Airports Planning Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Airports Properties Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Airports Safety Management
Systems Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Assistant City Clerk* 8126 8330 8538 8751 8970 9193 9423 9659 9900 Building Services Manager 10599 10865 11136 11415 11701 11993 12294 12599 12914 Business Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Communications Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Construction Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Crime Scene Investigation
Bureau Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Cybersecurity Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Deputy City Engineer 10599 10865 11136 11415 11701 11993 12294 12599 12914 Division Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Economic Development
Analyst 6782 6952 7125 7302 7484 7672 7865 8060 8262
Facilities Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Fleet Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Graffiti Abatement Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Housing & Neighborhood
Revitalization Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Information Services
Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Law Office Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Parks Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Personnel Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Planning Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Program Manager 6782 6952 7125 7302 7484 7672 7865 8060 8262 Projects Administrator 8937 9160 9390 9624 9865 10111 10364 10624 10890 Public Works/Public Utilities
Manager 8937 9160 9390 9624 9865 10111 10364 10624 10890 Public Works/Public Utilities
Manager – Licensed
Engineer
10342 10599 10865 11136 11414 11700 11992 12293 12598
City of Fresno Management Employees Association Page 12 MOU 8/1/2022 – 6/16/2024
EXHIBIT 1
Salaries Effective January 3, 2022
CLASS TITLE A B C D E F G H I
Purchasing Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Records Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Recreation Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Retirement Accounting
Manager 9160 9390 9624 9865 10111 10364 10624 10890 11163 Revenue Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Senior Management Analyst 6782 6952 7125 7302 7484 7672 7865 8060 8262 Solid Waste Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Training Officer 6782 6952 7125 7302 7484 7672 7865 8060 8262 Transit Operations Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Wastewater Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Water Manager 8126 8330 8538 8751 8970 9193 9423 9659 9900 Water/Wastewater Manager-
Certified 9344 9576 9816 10062 10314 10571 10835 11106 11384
City of Fresno Management Employees Association Page 13 MOU 8/1/2022 – 6/16/2024
EXHIBIT 2
Salaries Effective June 20, 2022
CLASS TITLE A B C D E F G H I
ADA Coordinator 6986 7161 7339 7522 7709 7903 8101 8302 8510 Administrative Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Airports Marketing & Public
Relations Coordinator 6986 7161 7339 7522 7709 7903 8101 8302 8510 Airports Operations Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Airports Planning Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Airports Properties Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Airports Safety Management
Systems Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Assistant City Clerk 8370 8580 8795 9014 9240 9469 9706 9949 10197 Building Services Manager 10917 11191 11471 11758 12053 12353 12663 12977 13302 Business Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Communications Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Construction Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Crime Scene Investigation
Bureau Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Cybersecurity Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Deputy City Engineer 10917 11191 11471 11758 12053 12353 12663 12977 13302 Division Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Economic Development
Analyst 6986 7161 7339 7522 7709 7903 8101 8302 8510
Facilities Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Fleet Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Graffiti Abatement Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Housing & Neighborhood
Revitalization Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Information Services
Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Law Office Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Parks Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Personnel Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Planning Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Program Manager 6986 7161 7339 7522 7709 7903 8101 8302 8510 Projects Administrator 9206 9435 9672 9913 10161 10415 10675 10943 11217 Public Works/Public Utilities
Manager 9206 9435 9672 9913 10161 10415 10675 10943 11217 Public Works/Public Utilities
Manager – Licensed
Engineer
10653 10917 11191 11471 11757 12051 12352 12662 12976
City of Fresno Management Employees Association Page 14 MOU 8/1/2022 – 6/16/2024
EXHIBIT 2
Salaries Effective June 20, 2022
CLASS TITLE A B C D E F G H I
Purchasing Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Records Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Recreation Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Retirement Accounting
Manager 9435 9672 9913 10161 10415 10675 10943 11217 11498 Revenue Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Senior Management Analyst 6986 7161 7339 7522 7709 7903 8101 8302 8510 Solid Waste Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Training Officer 6986 7161 7339 7522 7709 7903 8101 8302 8510 Transit Operations Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Wastewater Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Water Manager 8370 8580 8795 9014 9240 9469 9706 9949 10197 Water/Wastewater Manager-
Certified 9625 9864 10111 10364 10624 10889 11161 11440 11726
City of Fresno Management Employees Association Page 15 MOU 8/1/2022 – 6/16/2024
EXHIBIT 3
Salaries Effective June 19, 2023
CLASS TITLE A B C D E F G H I
ADA Coordinator 7196 7376 7560 7748 7941 8141 8345 8552 8766 Administrative Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Airports Marketing & Public
Relations Coordinator 7196 7376 7560 7748 7941 8141 8345 8552 8766 Airports Operations Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Airports Planning Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Airports Properties Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Airports Safety Management
Systems Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Assistant City Clerk* 8622 8838 9059 9285 9518 9754 9998 10248 10503 Building Services Manager 11245 11527 11816 12111 12415 12724 13043 13367 13702 Business Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Communications Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Construction Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Crime Scene Investigation
Bureau Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Cybersecurity Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Deputy City Engineer 11245 11527 11816 12111 12415 12724 13043 13367 13702 Division Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Economic Development
Analyst 7196 7376 7560 7748 7941 8141 8345 8552 8766
Facilities Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Fleet Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Graffiti Abatement Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Housing & Neighborhood
Revitalization Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Information Services
Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Law Office Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Parks Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Personnel Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Planning Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Program Manager 7196 7376 7560 7748 7941 8141 8345 8552 8766 Projects Administrator 9483 9719 9963 10211 10466 10728 10996 11272 11554 Public Works/Public Utilities
Manager 9483 9719 9963 10211 10466 10728 10996 11272 11554 Public Works/Public Utilities
Manager – Licensed
Engineer
10973 11245 11527 11816 12110 12413 12723 13042 13366
City of Fresno Management Employees Association Page 16 MOU 8/1/2022 – 6/16/2024
EXHIBIT 3
Salaries Effective June 19, 2023
CLASS TITLE A B C D E F G H I
Purchasing Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Records Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Recreation Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Retirement Accounting
Manager 9719 9963 10211 10466 10728 10996 11272 11554 11843 Revenue Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Senior Management Analyst 7196 7376 7560 7748 7941 8141 8345 8552 8766 Solid Waste Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Training Officer 7196 7376 7560 7748 7941 8141 8345 8552 8766 Transit Operations Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Wastewater Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Water Manager 8622 8838 9059 9285 9518 9754 9998 10248 10503 Water/Wastewater Manager-
Certified 9914 10160 10415 10675 10943 11216 11496 11784 12078