Amendment of MOUs with SEIU Local 620 and of Personnel Rules

Agenda Item A.4

CPMS CONSENT CALENDAR
Meeting Date: April 16, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Jaime A. Valdez, Assistant City Manager
PREPARED BY: Jennifer Jennings, Human Resources-Risk Manager SUBJECT: Amendment of MOUs with SEIU Local 620 and of Personnel Rules RECOMMENDATION:

A. Approve and authorize the City Manager to execute an Amended and Restated Agreement No. 2018-037.2, the Memorandum of Understanding with SEIU, Local 620 Regarding the Goleta General Employees Bargaining Unit; and B. Approve and authorize the City Manager to execute an Amended and Restated Agreement No. 2018-038.2, the Memorandum of Understanding with SEIU, Local 620 Regarding the Goleta Miscellaneous Employees Bargaining Unit; and C. Receive an oral report, read by the Clerk, summarizing a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits to City executive employees, as follows:

1. For all executive management except the City Manager: a one -time payment equal to the value of 3% on current salaries retroactive to the first pay period beginning January 1, 2024; salaries adjusted to market rate effective the first pay period following approval of this Agreement, followed by a 3% increase; a 3% salary increase effective January 1, 2025; a 3% increase effective January 1, 2026; a 3% increase effective January 1, 2027; additional potential salary increases of up to 1% on January 1, 2026 and January 1, 2027, depending on the increase in the Consumer Price Index in October of the previous year; effective the first pay period following January 1, 2025, a match of up to $25 per pay period to the employee’s deferred compensation account; and

2. For all executive managers including the City Manager: after rounding up to $1,400 a month, and additional $60 per month increase to the Flexible Benefit Plan Allowance effective the pay period following approval of this Agreement; and on January 1, 2025, January 1, 2026, and January 1, 2027, employees enrolled in a medical plan for themselves only will receive an additional $50 a month, employees enrolled with one dependent will receive 1 Meeting Date: April 16, 2024

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an additional $80 a month, and employees with mor e than one dependent will receive an additional $90 a month; and

D. Adopt Resolution No. 24-__ entitled “A Resolution of the City Council of the City of Goleta, California Amending the City of Goleta Salary Schedule and Classification Plan for Fiscal Years 2023/24 and 2024/25, Amending the Personnel Rules, and Approving Certain Future Salary and Fringe Benefit Increases.”

BACKGROUND:

The current labor agreements between the City and its two organized bargaining units, the General Employees and the Miscellaneous Employees, both represented by the Service Employees International Union (SEIU), Local 620 (“the Union”), were effective January 1, 2018 , and expired on December 31, 202 3. Beginning in October of 2023, negotiators from management and the Union began the formal negotiation process for renewed agreements (referred to as Memoranda of Understanding or “MOUs”).

Having concluded negotiations, the parties reached a tentative agreement that will extend the MOUs through December 31, 202 7, and make certain changes to salaries, benefits, and other terms and conditions of employment (Attachment 1). Implementation of the new agreement requires amendment to the Memoranda of Understanding (MOUs) and to adopted salary schedules. In order to provide comprehensive documents, both MOUs are amended and restated in full (Attachments 2 and 3).

As is traditional, Council is asked to approve similar salary and benefit increases for unrepresented employees (confidential, middle management, and executive). The attached resolution provides for this. Pursuant to Section 54953(c) of the Government Code, prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, during the open meeting in which the final action is to be taken. For purposes of this section, local agency executive includes the City Manager, Assistant City Manager, and City department directors.

Recommendation C is intended to ensure that this report is read into the record before adoption of recommendation D.

Upon City incorporation, the City Council adopted a set of Personnel Rules to guide the hiring, compensation and management of City employees. Those Rules have been amended from time to time to reflect the numerous changes that have impacted the Rules since their original adoption. Staff proposes amending the Personnel Rules to reflect the results of recent bargainin g and implement the negotiated increases and changes to terms and conditions of employment for both represented and unrepresented employees.

DISCUSSION:

Memoranda of Understanding

2 Meeting Date: April 16, 2024

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The proposed amended and restated MOUs for the General Employees and the Miscellaneous Employees bargaining units are included, respectively, as Attachment 2 and Attachment 3. The amended and restated agreements include the following new provisions:
 Extend the MOUs for an additional four years, through December 31, 2027.  Adjust salaries to market rate (based on 75% percentile) effective the first pay period following approval of Agreements . (Market study update conducted by Segal in 2023 that is maintained in Human Resources)
 Salary increases for four years:
o A one-time payment equal to the value of 3% on current salaries for the first period beginning January 1, 2024 (pay period 1/13/2024 to 1/26/2024) following date of approval of the Agreements.
o Following approval of the Agreements, salaries will be adjusted to market rate, followed by an across -the-board salary increase of 3% , effective the first pay period following approval.
o Effective January 1, 2025, an across-the-board salary increase of 3%. o Effective January 1, 2026, an across-the-board salary increase of 3%. Plus, if the year over year change in the CPI -U for Los Angeles -Long Beach - Anaheim for October 2025 is greater than 3%, an additional across -the- board increase of the amount by which tha t change exceeds 3%, not to exceed an additional increase of 1%, for a total of 4%. o Effective January 1, 2027, an across-the-board salary increase of 3%. Plus, if the year over year change in the CPI -U for Los Angeles -Long Beach - Anaheim for October 2026 is greater than 3%, an additional across -the- board increase of the amount by which that change exceeds 3%, not to exceed an additional increase of 1%, for a total of 4%.  Effective the first pay period following approval of the Agreements, the monthly health allowance amount will be rounded up to $1,400 and increased by $60 per month; effective on January 1, 2025, January, 1, 2026, and January 1, 2027, employees enrolled in employee only health plans will receive an additional $50 per month, employees enrolled in employee plus one will receive an additional $80 per month, and employees enrolled in employee plus family will receive an additional $90 per month. There are no increases to allowances for employees who participate in alternative health care coverage (“cash out”).  Vacation amounts and tiers will be revised to the following: 0 to 3 years at 88 hours per year; 4-5 years at 104 hours per year; 6-10 years at 120 hours per year; 11-14 years at 160 hours per year; 15 and more years at 176 hours per year.  Extend the date for when the City’s contribution to the CalPERS pension will be frozen, requiring an employee cost -sharing contribution, from December 202 3 to December 202 7, and provide necessary detail about how such pension cost - sharing will be accomplished, should it be implemented.  Effective the first pay period in January 2025, the City will provide a matching contribution to the employee’s deferred contribution account of up to $25 per pay period ($650 per year).
3 Meeting Date: April 16, 2024

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 Tuition Reimbursement will be increased to $1,500 per fiscal year.  Add a provision to allow for flexible staffing on classifications with any class series containing and entry and journey level classification, which would allow for an incumbent to promote from the entry level to the jour ney level without requiring a recruitment or formal reclassification.
 Increase in the Safety Shoe Allowance to $260 per year.

Resolution

The Resolution amends the official Salary Schedule and Classification Plan to reflect the first two increases provided for under the labor agreements (2024 and 2025) and provides these increases to both represented and unrepresented employee salaries, except the City Manager, whose compensation increases are set under h is employment contract.

Until we know the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim for October 2025 and 2026 , future increases and the effect on salaries are not yet fixed. The Salary Schedule will need to be updated again to reflect the future increases.

For unrepresented employees who are not covered by the MOUs (except the City Manager) the Resolution approves the same increases (3% for 2024, 3% for 2025, and up to 4% in 2026 and 2027). It also approves the $60 per month flexible benefit increase upon confirmation of this agreement , and subsequent increases for employee only ($50 per month), employee plus one ($80 per month) and employee plus family ($90 per month) in 2025, 2026, and 2027, for confidential, management and executive employees including the City Manager.

The Personnel Rules were last fully adopted by City Council via Resolution No. 23-05 and were subsequently amended via Resolution No. 23-45 to correct the rules to include existing Bilingual Allowance and by Resolution No. 23-57 to provide supplemental paid pregnancy and bonding leave. A further amendment to the Personnel Rules is included in the proposed Resolution, consistent with the changes proposed above.

GOLETA STRATEGIC PLAN:

City-Wide Strategy and Strategic Goal:

9. Ensure Equity, Inclusion, and Access in City Programs, Services and Activities

9.1 Strategic Goal: Develop and maintain a workforce reflecting the diversity of our community, and create a work environment to support all employees.

FISCAL IMPACTS:

The adopted FY 2023/24 budget projected total citywide salaries and benefits at $ 18.4 million (all funds), which assumed 4% cost-of-living adjustments and no vacancies. Since budget adoption, various personnel updates were approved throughout the fiscal ye ar, including the following:
4 Meeting Date: April 16, 2024

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 Reclassification of Senior Management Analyst to Public Works Business and Administration Manager
 Reclassification of Library Director (grandfathered class) to City Librarian  Added 0.5 FTE Recreation Technician
 Added 0.5 FTE Management Analyst
 Reclassification of Management Analyst to Senior Management Analyst

When factoring in recommended salary and benefit adjustments and analyzing total year- to-date costs and pay periods left in the fiscal year, total actual costs are estimated to be at $17.8 million by June 30 th and fall short of budget projectio ns of $18.4 million by $600,000. This is primarily due to the adjustments' effective dates happening in January 2024 and April 2024. In addition, staff vacancy savings have bee n realized throughout the fiscal year. Therefore, no new appropriations are being recommended.

For FY 2024/25, original budget projections for total citywide salaries and benefits were projected at approximately $19.4 million, which also assumed a 4% cost of living adjustment and full staffing levels. When factoring in recommended adjustments, total costs are now projected at approximately $20.0 million, an approximate 3.1% or $600,000 increase. Staff will be fine-tuning the personnel budget costs during the mid-cycle budget process, and final numbers will be recommended as part of the mid-cycle update in June.

Future year's costs for FY 2025/26 and FY 2026/27 are anticipated to increase 3-4% year over year and will be programmed in the budget acc ordingly. Due to the potential maximum increase, staff will continue to assume 4% cost of living adjustments. It should be noted that all cost projections can significantly change if future new positions are added or the reclassification of existing positions to higher grades. The estimated numbers are based on current information known at the time of preparing this report.

The current salary schedule (original format) with the 3% cost of living adjustment can be found in Attachment 4 – Exhibit A. The new salary schedule (new format) with market rate adjustments and salary grade realignment can be found in Attachment 4 – Exhibit B. The new salary schedule now consists of two sections. Section 1 summarizes the classifications and salary ranges by grade. Section 2 provides details of the salary ranges and all steps.

ALTERNATIVES:

Council could decline to ratify the tentative agreement with the Union. However, there could be impacts to varying degrees on employer-employee relations including potential allegations of unfair bargaining.

LEGAL REVIEW BY: Megan Garibaldi, City Attorney

APPROVED BY: Robert Nisbet, City Manager

5 Meeting Date: April 16, 2024

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ATTACHMENTS:

1. Tentative Agreement with SEIU, Local 620.

2. Amended and Restated Agreement No. 2018 -037.2, the Memorandum of Understanding with SEIU, Local 620 Regarding the Goleta General Employees Bargaining Unit.

3. Amended and Restated Agreement No. 2018-038.2, the Memorandum of Understanding with SEIU, Local 620 Regarding the Goleta Miscellaneous Employees Bargaining Unit.

4. Resolution No. 24-__ entitled “A Resolution of the City Council of the City of Goleta, California Amending the City of Goleta Salary Schedule and Classification Plan For Fiscal Years 202 3/24 and 202 4/25, Amending t he Personnel Rules, and Approving Certain Future Salary and Fringe Benefit Increases.”

6 ATTACHMENT 1

Tentative Agreement with SEIU, Local 620

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City and SEIU Negotiations
Tentative Agreement
March 13, 2024

The parties agree to the following changes in salaries, benefits and other terms and conditions of employment. Employees must be an active employee on the date of City Council ratification of the agreement to qualify for retroactive remuneration provided.

Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal
Term

MOU Article 1 Revise Article 1 to change the expiration date of the Agreement from December 31, 2023 to December 31, 2027.

Salaries and
Special
Adjustments

MOU Article 10 Replace Article 10, sections 10.1 through 10.8 with the following:

10.1. Upon approval of this Agreement by the Goleta City Council, employees will receive a one-time payment equal to the value of 3% on current salaries for the first period beginning January 1, 2024 (pay period 1/13/2024 to 1/26/2024) to date of approval.

10.2 Effective the first pay period following approval of this Agreement by the Goleta City Council, employee salaries will be adjusted to market rate, followed by an across-the–board increase of 3%. (See Attachments 1 and 2) [Example: If employee is currently at Grade 108, Step 6 ($112.5k) old salary schedule with 3% COLA, and market alignment is the new Grade 133, the salary rate will be set at the step nearest to the rate (at or above their existing step).]

10.3 Effective January 1, 2025 (pay period 1/11/2025 to 1/24/2025), employees will receive an across-the-board salary increase of 3%.

10.4 Effective January 1, 2026 (pay period 1/10/2026 to 1/23/2026), employees will receive an across-the-board salary increase of 3%. Plus, if the year over year change in the CPI-U for Los Angeles-Long Beach-Anaheim for October 2025 is greater than 3%, an additional across-the board increase of amount by which that change exceeds 3%, not to exceed an additional increase of 1%, for a total of 4%.

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Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal

10.5 Effective January 1, 2027 (pay period 1/9/2027 to 1/22/2027), employees will receive an across-the-board salary increase of 3%. Plus, if the year over year change in the CPI-U for Los Angeles-Long Beach-Anaheim for October 2026 is greater than 3%, an additional across-the board increase of amount by which that change exceeds 3%, not to exceed an additional increase of 1%, for a total of 4%.

Benefits

MOU Article
11(A)
Article 11(A) will be revised to provide health insurance benefits in the following amounts:

Effective the first pay period following approval of this Agreement by the Goleta City Council, previous maximum employer contribution to health insurance of $1398.34 per month will be rounded up to $1400 per month, and $720 per year ($60 per month) increase in maximum employer contribution to health insurance ($1460 per month total); no increase to opt out.

Effective January 1, 2025, $600 per year ($50 per month) increase in maximum employer contribution to health insurance for employee only plan ($1510 per month total), $960 per year ($80 per month) increase for employee plus 1 plan ($1540 per month total), and $1080 per year ($90 per month) increase for employee plus family plan ($1550 per month total); no increase to opt out.

Effective January 1, 2026, $600 per year ($50 per month) increase in maximum employer contribution to health insurance for employee only plan ($1560 per month total), $960 per year ($80 per month) increase for employee plus 1 plan ($1620 per month total), and $1080 per year ($90 per month) increase for employee plus family plan ($1640 per month total); no increase to opt out.

Effective January 1, 2027, $600 per year ($50 per month) increase in maximum employer contribution to health insurance for employee only plan ($1610 per month total), $960 per year ($80 per month) increase for employee plus 1 plan ($1700 per month total), and $1080 DocuSign Envelope ID: FE8430A4-7C09-4995-8376-774D67F9F699 9

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Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal
per year ($90 per month) increase for employee plus family plan ($1730 per month total); no increase to opt out.

Vacation

Personnel Rules

9.2(A)
Section 9.2(A) of the Personnel Rules will be revised to provide as follows, which will take effect the first pay period following approval of the Agreement by the Goleta City Council:

“1. From the date of hire through completion of three (3) years of service: 88 hours per year

2. Beginning the fourth year of service through completion of five (5) years of service: 104 hours per year

3. Beginning the sixth year of service through completion of ten (10) years of service: 120 hours per year

4. Beginning the eleventh year of service through the completion of fourteen (14) years of service: 160 hours per year

5. Beginning the fifteenth year of service: 176 hours per year”

PERS Cost
Sharing

MOU Article
11(C)2
Maintain Article 11(C)2 to push cost sharing to end of new MOU term, and establish rate as rate in in effect as of December 1st immediately prior to the expiration of the Agreement.

No revision to the Agreement is needed.

Tuition
reimbursement

MOU Article

23.3 Revise Article 23.3 to provide as follows:

“To the extent funding is available, the City shall provide for tuition and textbook reimbursement for regular full-time employees up to a maximum of $1500 per fiscal year for any degree or certificate program that is beneficial to the City and in accordance with administrative regulations governing this program as determined by the City. Only costs for textbooks required for approved courses shall be deemed reimbursable through this program. Tuition reimbursement for regular part-time employees shall be prorated based on their part-time percentage. For all requests after the execution of this agreement, employees must complete and submit a Tuition/Textbook Reimbursement Form (to be provided by Human Resources) to their Department Director for approval prior to DocuSign Envelope ID: FE8430A4-7C09-4995-8376-774D67F9F699 10

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Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal
expending fees for coursework or textbooks, which approval will not be unreasonably withheld. Once the Department Director approves the Form, it will be the responsibility of the employee to pay all fees for the course and textbooks. The employee will be reimbursed for tuition charges and books in an amount up to $1500 per fiscal year once they have completed the course, as long as they have earned a grade of C or better (or a grade of “pass” for a pass/fail class) and have submitted a receipt and proof of payment (e.g., cancelled check or bank/credit card statement).”

Flexible Staffing

New Addition
to Personnel
Rules
Add new provision to Personnel Rules entitled “Flexible Staffing” which provides as follows:

“FLEXIBLE STAFFING
The City may choose to flexibly staff classifications within any class series containing an entry and journey level classification. Flexible staffing gives the City the ability to hire employees at the entry level or the journey level depending upon applicant qualifications and City staffing needs.

An official list of the flexibly staffed classifications would be maintained by Human Resources. Classifications designated as flexibly staffed would not require a recruitment process for an incumbent to promote from the entry level to the journey level classification.

The City retains the exclusive right to determine if and when an employee may advance from the entry to the journey level. Flexible staffing does not preclude the City from identifying certain positions that would be permanently assigned to the entry level, for budgetary or any other reason, for as long as their overall duties and responsibilities remain within the entry-level classification.

Preliminarily identified classes:

Maintenance Worker I/II
Library Assistant I/II
Librarian I/II
Assistant Engineering Technician/Associate Engineering Technician Assistant Engineer/Associate Engineer
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Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal
Assistant Planner/Associate Planner”
Vacation and
Sick Leave
Advanced Credit
Upon Hire
Personnel Rules

9.23 Section 9.23 of the Personnel Rules will be revised to provide: “The following provision applies to the appointment to unrepresented positions as well as to positions within the General and Miscellaneous Bargaining Units.”
Trainee
Appointment

Personnel Rules

5.7 Section 5.7 of the Personnel Rules will be revised as follows:

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Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal
(A) will be revised to provide: “The following provision applies to the appointment to unrepresented positions as well as to positions with the General and Miscellaneous Bargaining Units”

(A)1, paragraph 2 will be revised to provide:
“Trainees will be compensated at 10% less than the first step of the classification for which they are training […]”

(A)2 will be revised to provide:
“2. The duration of trainee appointments may be for up to a maximum of two years, with the recommendation of the Personnel Officer and the approval of the City Manager.

Trainee appointments are assigned to the unclassified service. Upon meeting the minimum qualifications for the classification, the City Manager shall authorize a regular appointment of the trainee to the classification, provided that the position remains available at the higher classification and the department certifies satisfactory performance to the City Manager. Any regular appointment following a period as a trainee shall be subject to such probationary period as is prescribed in these rules.”
Sick Leave

Personnel Rules

9.3 Section 9.3(J) of the Personnel Rules will be revised to provide:
“J. Immediate family shall be defined as spouse or domestic partner, parent, child, sibling, grandparent, father-in-law, mother-in-law, sibling-in-law, or any other person who is a legal dependent of the employee, or who is a designated person.” Holidays
(administrative)

MOU Article 21 Revise Article 21(A) as follows: Add Juneteenth (June 19) as a holiday, and to revise “13.

One eight-hour floating holiday” to “13. Cesar Chavez Day (eight-hour floating holiday)” Revise Article 21(B) to add the following sentence: “For employees in operations with weekend hours normally open to the public (e.g., libraries), if a holiday falls on a Saturday or Sunday it will be observed on the actual Saturday or Sunday holiday, with double time pay (and holiday in lieu) earned for work on the actual holiday.” DocuSign Envelope ID: FE8430A4-7C09-4995-8376-774D67F9F699 13

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Agreement
Area(s)
MOU /
Personnel
Rules
Reference
Proposal
Standby
(administrative)

MOU Article

20.8(A)(3)
Revise Article 20.8(A)3 to provide as follows:
“Employees participating in Standby Duty shall be compensated at a rate equivalent to one (1) hour of regular pay at the top step of their pay range in the City of Goleta Salary Schedule for each eight (8) hour period that they spend on said duty.”

SDI/PFL
(Administrative)

MOU Article
11(E)
Add that employees are eligible for supplemental pregnancy disability pay and supplemental parental bonding pay as per the policy adopted by the City Council on October 17, 2023.

Deferred Comp

New MOU
Article 11(F)
Effective the first pay period in January 2025, the City shall make a matching contribution to employee deferred contribution account up to $25 per pay period ($650 annually).

Safety Shoe
maximum City
contribution

Personnel Rules

18.3(D)3
Revise Section 18.3(D)3 to increase maximum City reimbursement allowance for Safety Shoes to $260.00.

No other changes to terms and conditions.

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Signature Date: March __, 2024
For the City: For the Union:
_____________________________________
Jennifer Jennings,
Human Resources Risk Manager
_____________________________________
Brian Hiefield,
Associate Planner
_____________________________________
Luke Rioux,
Finance Director
_____________________________________
Andy Newkirk,
Supervising Senior Planner
_____________________________________
Cynthia Germano,
Best Best & Krieger LLP, City Attorney
_____________________________________
Angeline Foshay
Management Analyst
_____________________________________
Rob Adam Perry
Labor Representative, SEIU Local 620

DocuSign Envelope ID: FE8430A4-7C09-4995-8376-774D67F9F699 15 ATTACHMENT 2:

Amended and Restated Agreement No. 2018-037.2, the Memorandum of Understanding with SEIU, Local 620 Regarding the Goleta General Employees Bargaining Unit

16 65266.00018\42190959.1

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF GOLETA
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620

REGARDING GENERAL BARGAINING UNIT
January 1, 2024 to December 31, 2027

17 65266.00018\42190959.1

TABLE OF CONTENTS

Page

Article 1. TERM OF MOU ........................................................................................ 2 Article 2. MANAGEMENT RIGHTS .......................................................................... 2 Article 3. EMPLOYEE RIGHTS................................................................................ 3 Article 4. MEMBERSHIP DUES/MAINTENANCE OF MEMBERSHIP ..................... 4 Article 5. STEWARDS/REPRESENTATION ............................................................ 4 Article 6. USE OF CITY FACILITIES FOR UNIT BUSINESS .................................. 5 Article 7. DISCIPLINE .............................................................................................. 5 Article 8. GRIEVANCE AND COMPLAINT PROCEDURE ...................................... 5 Article 9. NON-BINDING ARBITRATION ................................................................. 6 Article 10. WAGES .................................................................................................... 7 Article 11. BENEFITS ................................................................................................ 8 Article 12. LAYOFF PROCEDURE .......................................................................... 11 Article 13. UNIT ASSIGNMENTS ............................................................................ 12 Article 14. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS ....... 12 Article 15. NO STRIKE/ NO LOCKOUT ................................................................... 12 Article 16. MOU IMPLEMENTATION ....................................................................... 13 Article 17. OBLIGATION TO MEET AND WAIVER CLAUSE .................................. 13 Article 18. SAVINGS CLAUSE ................................................................................ 13 Article 19. EVALUATIONS ....................................................................................... 13 Article 20. HOURS OF WORK/OVERTIME ............................................................. 14 Article 21. HOLIDAYS .............................................................................................. 17 Article 22. BEREAVEMENT LEAVE ........................................................................ 18 Article 23. EDUCATIONAL ASSISTANCE ............................................................... 18 Article 24. BILINGUAL ALLOWANCE ...................................................................... 19 Article 25. LATENESS AND ABSENTEEISM POLICY ............................................ 20 Article 26. EMPLOYEE CLASSIFICATION REVIEW REQUESTS .......................... 20

18 65266.00018\42190959.1

2 This MEMORANDUM OF UNDERSTANDING (“MOU”) was made and entered into on the fifteenth day of May, 2018, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as “CITY”), and Local 620 of the Service Employees International Union, Goleta Chapter (herein referred to as “LOCAL 620” or “UNION”) regarding the General Bargaining Unit, and was subsequently amended on September 15, 2020, was amended and restated on this seventh day of December, 2021, and is amended and restated on April __, 2024.

WHEREAS, it is the intent and purpose of this MOU to set forth the parties’ full and entire understanding reached as a result of meeting and conferring in good faith regarding wages. hours and other terms and conditions of employment between the employees represented by LOCAL 620 and the CITY. As used herein, the term “employee” means any person regularly employed by the CITY in the General Bargaining Unit and comprised of the classifications reflected as such on the City of Goleta Salary Schedule and Classification Plan.

WHEREAS, the CITY, in accordance with provisions of the Meyers-Milias-Brown Act (MMBA) of the State of California, and provisions of Employer-Employee Labor Relations Resolution No. 13-42, recognizes LOCAL 620 as the sole and exclusive representative for the purpose of meeting and conferring on matters of wages, hours. and other terms and conditions of employment for represented employees.

Article 1. TERM OF MOU
The term of this Agreement shall be from the date it is approved by the Goleta City Council until December 31, 2027, except that it shall continue from year to year thereafter.

1.1 Renegotiations in the event either party desires to negotiate a successor Agreement, such party shall serve upon the other during the month of September of the last year in the term of this agreement, its written notice to commence negotiations.

Article 2. MANAGEMENT RIGHTS
The CITY expressly reserves and retains all its inherent exclusive and non-exclusive managerial rights. powers, functions, and authority under federal, state, and municipal law. The City’s rights include, but are not limited to, the exclusive right to:
• determine the purpose, functions, and missions of its constituent departments, commissions, and boards;
• set standards of service;
• determine the procedures and standards of selection for employment and promotion;
• direct its employees and establish work assignments and schedules; • take disciplinary action for cause;
19 65266.00018\42190959.1

3 • determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
• maintain the efficiency of governmental operations;
• determine the methods, means and personnel by which government operations are to be conducted;
• determine the allocation of job classifications;
• determine methods of financing;
• determine types of CITY-issued equipment to be used and exercise discretion over its facilities, technology, and organizational structure; • determine the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all CITY functions; and • take all necessary actions to carry out its purposes and functions in declared emergencies.

The CITY agrees to notify the UNION of any proposal to contract out or transfer work out of the bargaining UNIT, where such contracting out or transfer of work would result in the layoff of UNIT members, or have a substantial and adverse impact on wages, hours or terms and conditions of employment. Provided the UNION makes a timely request to meet and confer, the CITY shall negotiate the negotiable impacts, if any, of such decision on employee’s terms and conditions of employment.

Article 3. EMPLOYEE RIGHTS
The provisions of this MOU shall be applied equally to covered employees without discrimination because of race, color, gender, sexual orientation, disability, age, national origin, religious affiliation, genetic characteristics or genetic information, marital status, or UNION membership, or any other basis protected by law.

Employees may elect to exercise their right to join and participate in UNION activities for the purpose of representation in all matters of their working conditions and employer-employee relations. The parties agree that there shall be no restraint, coercion, or interference with any employee with respect to or because of the employee’s membership in the UNION. The CITY and the UNION agree that each employee shall be treated equally, fairly, and with dignity and respect.

Discrimination complaints based on UNION membership and/or activity shall be subject to the grievance procedure and non-binding arbitration.

The City of Goleta’s Personnel Rules are incorporated by reference into this document and changes to terms and conditions covered therein that are within the scope of bargaining are subject to negotiation between the parties as required by law. 20 65266.00018\42190959.1

4 Article 4. MEMBERSHIP DUES/MAINTENANCE OF MEMBERSHIP
Maintenance of Membership
All regular unit employees who on the effective date of this MOU are members of the Union in good standing and all such employees who thereafter voluntarily become members of the Union shall maintain their membership in the Union in good standing during the term of this MOU, subject however, to the right to resign from membership during Pay Period 17 annually. The City will not honor cancellations of dues deductions for employees covered by this Agreement during the term of the MOU except during the window period specified above. Any Union member may exercise his/her right to resign by submitting a notice in writing to the Union and the City during the resignation period.

Indemnification/Hold Harmless Clause
The Union agrees to fully indemnify and defend the City of Goleta and its officers, employees and agents against any and all claims, proceedings and liability arising, directly or indirectly, out of any action taken or not taken by or on behalf of the City of Goleta under this Article.

Article 5. STEWARDS/REPRESENTATION
A. Reasonable Time Off to Meet and Confer - the UNION may select up to three (3) employee members of the UNIT to attend scheduled meetings with CITY representatives, during their normal working hours, for the purpose of meeting and conferring in good faith without loss of pay or any benefits. The UNION shall, whenever practicable, submit the names of all such employee representatives to the CITY’s representatives at least two working days in advance of such meetings. Provided further that:

1. No employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other City authorized management official.

2. Any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules.

3. Management will endeavor to schedule such meetings during employees’ regular work hours. unless the parties agree to meet outside of the employees’ regular work hours.

B. The CITY shall provide, at no cost to the UNION, an electronic copy of each City Council agenda when it is posted. By being provided the agenda, the UNION acknowledges CITY has met its obligation of notification of matters or issues within the scope of representation on the Council Agenda.
21 65266.00018\42190959.1

5 C. The CITY authorizes UNION to appoint up to Two (2) “UNION Stewards” and one (1) alternate, any of whom may represent an employee subject to the grievance procedure.

An employee who files a grievance and/or his/her UNION Steward representative may, when and to the extent necessary. participate on CITY time. without loss of compensation. in the investigation and processing of a grievance. upon reasonable notification and approval of the immediate supervisor or his/her designee. The City Manager or his/her designee shall approve employee and/or UNION Steward in investigating and processing a grievance on CITY time, when and to the extent necessary, and shall not unreasonably withhold approval if such steward duties will in no event adversely affect the operational, security, or safety requirements of CITY.

Article 6. USE OF CITY FACILITIES FOR UNIT BUSINESS
A. The UNION may, with prior approval of the City Manager or his/her designee; be granted the use of CITY facilities for UNION business meetings with CITY employees, provided space is available. No use fee will be charged.

B. The CITY will furnish, for the use of UNION; reasonable bulletin board space at reasonable locations. Such bulletin board space shall be used for:
• UNION recreational. social, and related news bulletins; • Scheduled UNION meetings:
• Information concerning UNION elections or the results thereof; • Reports of official business of UNION, including reports of committees or the Board of Directors.

Material shall clearly state that it is prepared and authorized by the UNION.

The UNION agrees that notices posted on CITY bulletin boards shall not contain anything that may reasonably be construed as maligning the CITY or its representatives.

Article 7. DISCIPLINE
The provisions of Rule 12 DISCIPLINARY ACTIONS of the City of Goleta Personnel Rules are applicable to UNIT employees.

Article 8. GRIEVANCE AND COMPLAINT PROCEDURE
DEFINITION: A grievance is a formal written allegation by a grievant that has been adversely affected by a violation of specific provisions of this Agreement 22 65266.00018\42190959.1

6 PROCEDURE:

Informal Level: Before filing a formal written grievance. the grievant shall attempt to resolve it by informal conference with the immediate supervisor.

Formal Level I: Within 7 days after the occurrence of the act or omission giving rise to the grievance, the grievant must present the grievance in writing to the immediate supervisor, who will have 10 days to render a decision.

Formal Level II: The grievant may appeal to the Department Director within 5 days from receiving the Level II decision.

Formal Level III: The grievant may request Mediation from the State Mediation Service.

Article 9. NON-BINDING ARBITRATION
If a grievant who is a member of the Unit is not satisfied with the outcome of mediation, the grievant may, within fifteen (15) working days after mediation and with the concurrence of the UNION, submit a request in writing to the CITY to proceed to non- binding arbitration. The UNION shall have the right to invoke the non-binding arbitration procedure on behalf of a class of employees. In the event the UNION determines there is no violation or the proposed settlement is just, the UNION is under no obligation to represent a grievant in this procedure. Non-binding arbitration shall be conducted in accordance with the rules and procedures delineated herein.

A. Selection of Arbitrator. The parties shall make a good faith effort to select a mutually acceptable arbitrator. If they are unable to agree on an arbitrator within ten (10) days of the submission of the grievance to non-binding arbitration, the parties shall request a list of experienced arbitrators from the California State Mediation and Conciliation Service. Each party shall alternately strike a name until only one name remains. The party who strikes first shall be determined by lot.

Unless the parties agree otherwise, a hearing shall be commenced no later than sixty (60) days from selection of the arbitrator.

B. Arbitrator’s Authority. Those issues which directly relate to alleged violations of this MOU or CITY ordinances, resolutions and written policies related to personnel policies and working conditions shall be subject to non-binding arbitration. Matters for which a separate administrative process is available which provides a remedy for the alleged violation are not within the scope of this procedure. Examples of such comprehensive processes are: discrimination complaints covered by the EEOC or the CRD, safety complaints under Cal OSHA and OSHA, and workers’ compensation matters. The arbitrator will have no power to add to, subtract from, or modify the terms of this MOU, City Ordinances, or the written policies. rules, regulations or procedures of the CITY. The arbitrator however, may, in the course of determining the questions properly submitted to him/her, consider arguments and evidence based on external law. 23 65266.00018\42190959.1

7 C. Questions Regarding Arbitrability. If any question arises as to whether the grievance is subject to arbitration under this MOU, such question shall be ruled upon by a different arbitrator.

D. Decision. After a hearing and an opportunity to present such closing arguments as may be appropriate, the arbitrator will make a reasonable effort to issue his/her advisory decision within twenty-one (21) days after the conclusion of the hearing. The arbitrator’s advisory decision shall be in writing and set forth his/her proposed findings of fact, reasoning and conclusions on the issues submitted. The advisory decision shall be submitted to the City Manager who shall render the final decision and shall have the authority to affirm, modify, or reject the arbitrator’s advisory decision. The City Manager’s decision shall be final.

E. Costs. All costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence and any costs for facility for the arbitration shall be shared equally by the parties. All other costs shall be borne by the party incurring them.

Article 10. WAGES

10.1 Upon approval of this Agreement by the Goleta City Council, employees will receive a one-time payment equal to the value of 3% on current salaries for the first period beginning January 1, 2024 (pay period 1/13/2024 to 1/26/2024) to date of approval.

10.2 Effective the first pay period following approval of this Agreement by the Goleta City Council, employee salaries will be adjusted to market rate, followed by an across-the–board increase of 3%. (See Attachments 1 and 2) [Example: If employee is currently at Grade 108, Step 3 old salary schedule with 3% COLA, and market alignment is the new Grade 133, the salary rate will be set at Step 3 or at a higher step if Step 3 would result in that individual not realizing the overall increase for that position identified in Column O of Attachment 1.])

10.3 Effective January 1, 2025 (pay period 1/11/2025 to 1/24/2025), employees will receive an across-the-board salary increase of 3%.

10.5. Effective January 1, 2027 (pay period 1/9/2027 to 1/22/2027), employees will receive an across-the-board salary increase of 3%. Plus, if the year over year change in the CPI-U for Los Angeles-Long Beach-Anaheim for October 2026 is greater than 3%, an additional across-the board increase 24 65266.00018\42190959.1

8 of amount by which that change exceeds 3%, not to exceed an additional increase of 1%, for a total of 4%.

Article 11. BENEFITS
A. Health Insurances (Medical, Dental, Vision.) The CITY agrees to provide employees an annual open enrollment period for insurance. The CITY retains full and complete control over the selection, approval and administration of the CITY’s group insurance program.

Effective January 1, 2027, $600 per year ($50 per month) increase in maximum employer contribution to health insurance for employee only plan ($1610 per month total), $960 per year ($80 per month) increase for employee plus 1 plan ($1700 per month total), and $1080 per year ($90 per month) increase for employee plus family plan ($1730 per month total); no increase to opt out.

A maximum of $1033.34 per employee per month may be paid to the employee in lieu of insurance premiums if the employee demonstrates participation in an alternative insurance plan satisfactory to CITY.

Benefit contributions for part-time employees are prorated. Effective January 1, 2022, regular part-time employees authorized at 15 hours per week (0.375 FTE) or more will receive City health benefit contributions and payment in lieu of insurance premiums based on the percent of full-time upon which their regular schedule is based. Eligibility for participation in City employee benefit plans will be based on the terms of the provider contracts.

Retired CaIPERS annuitants shall not be eligible for any City benefits other than salary, as required under the CA Government Code.
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9 B. Life Insurance. The CITY shall provide a life insurance program to all members of UNIT with a benefit of one times annual salary.

C. CALPERS Retirement.

1. The City shall provide retirement benefits as currently specified under the CITY’s contract with the California Public Employees’ Retirement System (CaIPERS).

2. Effective the December 1st immediately prior to the expiration of this Agreement, the City’s retirement contribution shall be capped at the rates in effect at the time. subject to change thru negotiation. Employee cost- sharing of the employer rate under this section will be accomplished through the “MOU Method”, post-tax and not accomplished through CaIPERS, as provided under Government Code 20516(f).
a. the calculation for cost sharing effective for each July-June fiscal year will be the full Estimated Total Employer Contribution as a percent of Projected Payroll (Normal Cost + payment on
amortization base) as reflected in the most recent Annual Valuation Report less the comparable full employer rate in effect on the December 1st immediately prior to the expiration of the MOU, if this is greater than zero.
b. As soon as practicable, upon the request of the Union, City will take necessary steps to implement a contract amendment for cost- sharing through CaIPERS as provided under Government Code Section 20516 (a-e), contingent upon the agreement of all employee groups under the miscellaneous plan to participate in such cost-sharing and the results of any necessary employee election.

3. Employees employed by the CITY on or before December 31, 2012 and employees hired on or after January 1. 2013, who have less than a six month break in CaIPERS covered service or are members of an agency with reciprocity, are provided the following retirement benefits:
a. Miscellaneous 2% at 55 benefit formula.
b. Employees shall pay the member contribution of 7.0%. c. Final compensation shall be based on single-highest year.

4. Employed hired on or after January 1, 2013 who are “new members” as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits:
a. Miscellaneous 2% at 62 benefit formula
b. Employees shall pay one-half of the total normal cost (for 2014 the rate is 6.25%)
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10 c. Final compensation based upon the highest annual average compensation earnable during the 36 months of employment immediately preceding the effective date of his/her retirement or some other period designated by the retiring employee.

D. Long Term Disability Insurance - City will continue to offer long term disability coverage but will not be responsible for any increases in premiums.

E. State Disability Insurance & Paid Family Leave

1. Within 30 days written notice from the Union to proceed, the City will file an application for elective cover under California State Disability Insurance (SDI) program, including Paid Family Leave (PFL), effective in the current quarter. Upon approval of such application by the state, the City shall withhold required contributions from employee wages and remit those contributions to the state. The employee shall pay all costs associated with these programs. The City will post information about SDI and Paid Family Leave (PFL) benefits and how to apply for SDI or PFL with the State of California Economic Development Department (EDD) on the City’s Human Resources website.

2. The City will integrate/coordinate available SDI and PFL benefits with any available paid sick leave (as eligible under sick leave policies), management leave, holiday in-lieu bank, vacation, and/or compensatory time for employees who receive SDI or PFL benefits. Documentation of the SDI/PFL benefits received must be provided to the Payroll Office for this purpose. Employees on a leave of absence who are eligible to integrate/coordinate their SDI/PFL benefits during the leave of absence must exhaust available leave balances in this manner before being on full unpaid leave. Employees who integrate/coordinate SDI/PFL paid leave benefits with City payroll benefits will receive City retirement contributions, time off accruals, and other non-insurance benefits based on the City-paid portion of wage replacement only. The SDI/PFL portion of wage replacement will be treated as unpaid leave.

3. Employees integrating/coordinating SDI/PFL benefits with City payroll benefits shall be eligible for continuation of City-paid insurance contributions on a leave of absence only up to the date they would have received such benefits had they not integrated/coordinated SDI/PFL benefits. (For example: If on the first day of the claimed leave a full-time employee had sufficient available leave banks for 8 weeks of paid leave at full-time, 320 hours, then the City’s contribution to health insurance will be covered for up to 8 weeks while the employee is coordinating leave banks with SDI/PFL, or for the first 12 weeks of leave if required under the FMLA/CFRA.)”
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11 4. Subject to satisfaction of eligibility requirements, employees will receive supplemental pregnancy disability pay and supplemental parental bonding pay pursuant to the CITY policy adopted on October 17, 2023, as stated in the City’s Personnel Rules.

F. Deferred Compensation. Effective the first pay period in January 2025, the CITY shall make a matching contribution to employee deferred contribution account up to $25 per pay period ($650 annually).

Article 12. LAYOFF PROCEDURE
A. Definition: Termination of employment or separation from a position because of lack of funds or lack of work, as determined by the City.

B. Process & Notice: Workers subject to a reduction in force shall be given at least forty-five (45) working days’ notice prior to the effective date of the layoff.

Permanent full-time employees and permanent part-time employees shall be considered separately when the order of layoff reaches C. and D. below.

Seniority shall be used to determine the order of layoff pursuant to the following procedures:

The order of layoff shall be as follows:

1. Temporary workers in inverse order of seniority (least first);

2. Initial Probationary employees in inverse order of seniority;

3. Limited term employees not in good standing in inverse order of seniority;

4. Limited term employees in good standing in inverse order of seniority;

5. Permanent employees not in good standing in inverse order of seniority;

6. Permanent employees in good standing in inverse order of seniority. “Seniority” for the purposes of this Article shall be defined as the length of service as a permanent full-time employee with the City. When determining seniority for permanent full-time positions within a classification subject to layoff. only permanent full-time service shall be considered.
“In good standing” for the purposes of this Article shall be defined as employees who are not currently subject to progressive discipline and who have been rated at a minimum of “Acceptable Performance” in his/her last two annual evaluations.

C. Displacement: Permanent full-time employees subject to layoff shall have the right to displace an employee in the same classification in any Department of the City or 28 65266.00018\42190959.1

12 in a different class within the City with the same or lower salary range provided, however, that:

1. The employee subject to layoff has greater seniority than the employee being displaced and was rated at a minimum of {“Good” or “Acceptable Performance”} in his/her last two annual evaluations.

2. If the displacement is to a different class, it must be a class in the same occupational series as determined by the City OR, to a class previously held by the employee as a permanent full-time employee of the City.

D. Re-hire Lists: Laid off employee names are to be placed on a re-hire list. If a position in the laid-off employee’s classification, or a similar position in a classification for which the City determines the former employee is suited, becomes available within twenty-four (24) months of layoff, such former employee(s) shall be offered the position in the inverse order of layoff. If a job in a lower paid classification becomes available within twenty-four (24) months. the City shall review the previously laid-off employees’ qualifications. If such laid-off former employees are qualified in the judgment of the City, he/she may fill the slot(s) until his/her former position becomes available, if ever.

Employees hired off a rehire list shall retain seniority, minus the number of months on actual layoff.

Any notification to laid off former employees will be done by certified mail to the last known address on record.

Article 13. UNIT ASSIGNMENTS
CITY and UNION shall meet and confer concerning appropriate placement of newly created job titles with UNIT.

Article 14. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS All benefits, terms. and conditions of employment. within the scope of bargaining. enjoyed by employees as of the adoption of this agreement. and any side letter agreements reached after that date, shall remain in full force and effect unless modified by a subsequent Memorandum of Understanding or by the parties’ mutual written agreement.

Article 15. NO STRIKE/ NO LOCKOUT
The UNION agrees that during the term of this MOU, neither the UNION nor the employees it represents will engage in, encourage. sanction, support, or suggest strikes. This does not mean general employees are waiving any rights as to the protection of personal safety as they may pertain to the refusal to cross a picket line of another public employee organization on strike, or to the informational picketing by employees on their own time. The CITY agrees that it will not lock out any of its employees during the term of this MOU.
29 65266.00018\42190959.1

13 Article 16. MOU IMPLEMENTATION
Both parties agree that the terms of this MOU supersede provisions of all other practices. resolutions. and rules of the CITY that conflict with provisions of this MOU.

Article 17. OBLIGATION TO MEET AND WAIVER CLAUSE
Except as otherwise expressly provided in this MOU or, where the parties mutually agree to meet and confer on a matter, the CITY and the UNION expressly waive and relinquish the right, and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation. whether or not referred to in this MOU.

Article 18. SAVINGS CLAUSE
Should any provision of this MOU be held inoperative, void, or invalid by a Court of competent jurisdiction, the remaining provisions of this MOU shall not be affected thereby, and the parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision.

Article 19. EVALUATIONS
A. Frequency
Supervisors are authorized to evaluate a subordinate’s performance as often as the supervisor deems appropriate. Employee performance will be evaluated at least one time each year. If the employee performance evaluation is not provided within thirty (30) calendar days of the salary anniversary date, employee will immediately receive a step increase within the salary range applied retroactively to the anniversary date as defined in Sec 3.2 and 3.3 of the Personnel Rules, irrespective of performance.

B. Process
The evaluation of an employee’s performance is an ongoing process. Evaluations must be documented in writing. The supervisor(s) will review the evaluation in a private meeting with the employee. The employee shall sign the performance evaluation to acknowledge that the employee is aware of its contents and has discussed the evaluation with his or her supervisor. The employee’s signature on the evaluation does not indicate agreement with its contents. The employee will receive a copy of the evaluation after the meeting with the supervisor(s) and a copy of the evaluation will be placed in the employee’s personnel file.

C. No Appeal
An employee does not have the right to appeal any matter relating to a performance evaluation. Instead. the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file.

The written statement must be submitted within 10 calendar days after the employee 30 65266.00018\42190959.1

14 receives the evaluation. The time for submission of a written statement may be extended upon approval of the employee’s supervisor.

Article 20. HOURS OF WORK/OVERTIME

20.1 POLICY
Except as provided in the Nine Eighty (9/80), it is the policy of the City that eight (8) hours shall constitute a day’s work, and five (5) days shall constitute a week’s work. for all full-time employees. except that work days and work weeks of a different number of hours may be established in order to meet varying needs of the different City departments.

20.2 WORK PERIODS
The work period shall be seven (7) consecutive 24-hour periods. Forty (40) hours shall be worked during this period.

20.3 DAILY HOURS OF WORK
Except as provided in the Nine Eighty (9/80). daily hours of work or shifts for employees within departments shall be assigned by the department directors as required to meet the operational requirements of such departments. The normal work shift for employees is eight (8) hours per day. Employees shall be allowed a 15 minute rest period for every four (4) hours of continuous work. Employees shall be permitted an uncompensated lunch break when working more than six (6) hours.

20.4 CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from regular working hours desired by an employee shall. in advance, be cleared through the department director. and such absence shall be noted in the employee’s time entry.

20.5 OVERTIME
Overtime-eligible employees are not permitted to work overtime except as the department director authorizes or directs. Overtime-eligible employees directed to work overtime must do so and advanced notice will be given when reasonable. Working overtime without advance approval is grounds for discipline. Overtime is compensated at 1.5 times the employee’s regular rate of pay as calculated under the Fair Labor Standards Act. Only actual hours worked will be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay.

Vacation, holidays, jury duty and compensatory time off shall not be considered hours worked for purposed of calculating overtime. Although no employee exempt from overtime shall be entitled to any compensation for overtime work, such employees shall receive management leave as specified in the Management Leave section of these Rules.
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15 20.6 MANAGEMENT LEAVE
Current members exempt from overtime are entitled to Management Leave in the amount of 80 hours per fiscal year pursuant to Personnel Rule 9.12. Management Leave for any new position which is represented by Unit shall be documented at the time such position is created.

Part-time employees eligible for management leave will receive such leave prorated based on the percent of full-time upon which their regular schedule is based.

20.7 9/80 PLAN
A. Participation in the optional 9/80-work schedule is available to full-time regular employees, subject to department director approval. Employees who participate in the 9/80 work schedule will continue to work eighty (80) hours in a two week pay period, but will do so over nine days instead of the usual ten days. The work schedules for Public Works and field employees will be determined by the appropriate department director, subject to the operational needs of the City.

B. City Hall will be open to serve the public daily from 8:00 a.m. to 5:00 p.m..

Monday through Thursday and 8:00 a.m. to 12:00 p.m. Friday, excluding recognized holidays and official closures. The typical work day for 9/80 participants will be a nine (9) hour day Monday through Thursday. On alternating Fridays employees will work an eight (8) hour day.

C. The City recognizes that some employees may require flexibility with their schedules. Exceptions to participation in a 9/80-work schedule shall be recommended by the department director and approved by the Personnel Officer or designee. All exceptions will be evaluated on a case-by-case basis with considerations including, but not limited to, the following: dependent care needs. pursuit of higher education, unique medical condition, traffic and transportation concerns, and special needs of the department. An employee who works a flexible schedule must have documentation in his/her personnel file outlining the specifics of his/her work schedule.

D. The 9/80-work schedule will not affect accrual rates for vacation or sick leave.

The number of scheduled work hours during which the employee is absent will be deducted from the appropriate leave accumulation, i.e., sick, vacation, compensatory, etc. For example, an employee taking a two week vacation will have eighty (80) hours of leave deducted (eight nine-hour days plus one eight-hour day). An employee taking a single vacation day or which is absent a full day due to illness will have either eight or nine hours deducted from his/her accrual balance, depending upon the number of hours scheduled to be worked on that particular day.

E. Based upon a 9/80-work schedule, the non-exempt employee work week, for Fair Labor Standards Act (FLSA) and overtime purposes, shall consist of a forty (40) hour period within seven (7) consecutive days. Subject to exceptions as specified, the employee work week ends each Friday at noon. The new work week begins at 12:01. 32 65266.00018\42190959.1

16 Implementation of the 9/80-work schedule in and of itself should not result in an increase in FLSA overtime.

Week
No.1 Monday Tuesday Wednesday Thursday Friday Total
Hours
7:30-5:30 7:30-
5:30 7:30-5:30 7:30-5:30 8:00-
12:00
9 hours 9 hours 9 hours 9 hours 4 hours 40
Week
No. 2 Friday Monday Tuesday Wednesday Thursday Total
Hours
(Reflected
in Payroll
as
Saturday)
12:00-
4:00
7:30-5:30 7:30-5:30 7:30-5:30 7:30-5:30
4 hours 9 hours 9 hours 9 hours 9 hours 40

F. Holidays will continue to be compensated at the rate of eight (8) hours of the employee’s regular rate of pay. Part-time employees will receive a pro-rated amount of holiday hours based on the number of hours they are scheduled to work in a two-week pay period.

If a holiday observance is on a scheduled 9/80 off day, eight (8) hours of holiday-in-lieu leave will be credited to the employee’s holiday accrual balance for use at a later time, subject to advance approval by the department director. All holiday-in-lieu leave must be used by the employee within the fiscal year that it is accrued.

G. If a holiday occurs on a nine (9) hour day, employees must use one (1) hour of leave accrual, such as vacation, floating holiday, holiday-in-lieu, or compensatory time to fulfill the nine (9) hour day.

H. The City Manager reserves the right to suspend temporarily all or portions of the 9/80-work plan. based on staffing needs and/or emergency considerations.

20.8 STANDBY AND CALLOUT
A. Standby Duty:

1. Standby duty shall be defined as time outside of an employee’s scheduled work shift when the employee must remain prepared to respond to emergencies or other unplanned events which require prompt attention.

2. While on such duty, employees shall carry an electronic pager. cellular phone, or other communication device so that they may be alerted to the need to respond to an emergency or urgent situation.
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17 3. Employees participating in Standby Duty shall be compensated at a rate equivalent to one (1) hour of regular pay at the top step of their pay range in the City of Goleta Salary Schedule for each eight (8) hour period that they spend on said duty.

4. While performing Standby Duty, employees must remain within a thirty (30) minute response time of the workplace and must have access to transportation at all times.

5. Employees shall not consume, be impaired by or have in their biological system alcohol or drugs while performing Standby Duty. All of the provisions of the City of Goleta Alcohol and Drug Policy shall apply to employee’s participation in Standby Duty.

Article 21. HOLIDAYS
A. The following days shall be recognized and observed as paid holidays:

1. New Year’s Day (January 1)

2. Martin Luther King Jr.’s Birthday

3. Presidents’ Day

4. Memorial Day

5. Juneteenth (June 19)

6. Independence Day (July 4)

7. Labor Day

8. Veteran’s Day (November 11)

9. Thanksgiving Day

10. Day After Thanksgiving Day

11. Christmas Eve (December 24)

12. Christmas Day (December 25)

13. New Year’s Eve (December 31)

14. Cesar Chavez Day (eight-hour floating holiday)
B. Employees shall receive eight (8) hours pay for each of the holidays listed. Part- time employees receive holiday benefits on a pro-rated basis based on number of hours worked. For employees in operations with weekend hours normally open to the public (e.g., libraries), if a holiday falls on a Saturday or Sunday it will be observed on the actual Saturday or Sunday holiday, with double time pay (and holiday in lieu) earned for work on the actual holiday.

C. Whenever a holiday falls on a Saturday, it will be observed the previous Friday. If a holiday falls on a Sunday, it will he observed the following Monday.

D. If any employee not exempt from overtime works on the day the City observes any of the holidays listed above (excluding the floating holiday), he/she shall be paid for all hours worked at the rate of two (2) times his/her regular rate of pay and shall be granted a different day off in lieu of the holiday. except as provided in the Emergency Call Out Policy.
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18 Article 22. BEREAVEMENT LEAVE
A. This policy shall apply to full-time probationary and regular employees in all classifications. Part-time employees receive benefits on a pro-rated basis based on number of hours worked.

B. Bereavement leave is defined as absence from work due to the death in the immediate family, as defined in paragraph E below.

C. Employees shall earn bereavement leave at the rate of 24 hours per fiscal year.

Unused bereavement leave cannot be carried over from one fiscal year to the next.

Bereavement leave cannot be cashed out at separation.

D. In order to receive compensation while on bereavement leave, the employee shall notify his/her supervisor of his/her absence prior to the time for beginning the regular work day, or as soon thereafter as practical.

E. Immediate family shall be defined as spouse or domestic partner, parent. child, brother, sister, grandparent. uncle, aunt, father-in-law, mother-in-law, sister-in-law, brother-in-law, or any other person who is a legal dependent of the employee.

Exceptions to this definition shall be reviewed and approved by the City Manager in his/her sole discretion.

Article 23. EDUCATIONAL ASSISTANCE

23.1 EDUCATIONAL ASSISTANCE FOR TRAINING AND ADVANCEMENT The responsibility for developing training programs for employees is with the City Manager and department directors. jointly.

If an employee is entitled to additional compensation by earning a degree, as specified in
their job description, it will be the responsibility of the employee to pay all fees for their courses and upon completing the course and earning a grade of C or better, to submit a cancelled check and receipt for reimbursement of the tuition charges and books.

23.2 LICENSES AND CERTIFICATION ASSISTANCE
The cost of licensing or certification fees. renewal fees, and test fees for all levels of certification or licensing are reimbursable. upon receipt of the certification or license. To obtain reimbursement after successful completion of the test/renewal/license process, the employee is responsible for submitting proof of payment for test fees, renewal fees, and license fees. along with proof of the certification or license, to the Finance Department. In unusual circumstances, the City Manager may authorize the payment of the test/renewal/license fees in advance.
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19 23.3 TUITION REIMBURSEMENT
To the extent funding is available, the City shall, provide for tuition and textbook reimbursement for regular full-time employees up to a maximum of $1500 per fiscal year for any degree or certificate program that is beneficial to the City and in accordance with administrative regulations governing this program as determined by the City. Only costs for textbooks required for approved courses shall be deemed reimbursable through this program. Tuition reimbursement for regular part-time employees shall be prorated based on their part-time percentage. For all requests after the execution of this agreement, employees must complete and submit a Tuition/Textbook Reimbursement Form (to be provided by Human Resources) to their Department Director for approval prior to expending fees for coursework or textbooks, which approval will not be unreasonably withheld. Once the Department Director approves the Form, it will be the responsibility of the employee to pay all fees for the course and textbooks. The employee will be reimbursed for tuition charges and books in an amount up to $1500 per fiscal year once they have completed the course, as long as they have earned a grade of C or better (or a grade of “pass” for a pass/fail class) and have submitted a receipt and proof of payment (e.g., cancelled check or bank/credit card statement).

Article 24. BILINGUAL ALLOWANCE
A. An employee, whose assignment and duties with the public require the use of bilingual skills in English and Spanish or other language determined by the City Manager or his or her designee to be of benefit to the City, shall be designated by the City Manager or his or her designee to be tested for either verbal or verbal and written proficiency, depending upon the need determined by the City, within 60 days of such designation. Designation of the bilingual language skill is restricted to the actual need of the City. An employee’s ability to read, write or speak a language other than English occasionally or in the incidental use of the job shall not warrant a bilingual designation.

Employees shall not be required to perform translation services who have not been tested or compensated for such service. An employee who demonstrates bilingual proficiency by passing a verbal examination or a verbal and written examination shall receive compensation of $60.00 per pay period. Effective December 7, 2021, this amount will be increased to $65.00 per pay period.

B. Advanced Spanish Premium: effective December 7, 2021, for full-time employees in positions designated by the City Manager who meet the following qualifications, the City paid premium will be an additional $50.00 each biweekly pay period:

1. Establish to the satisfaction of the City Manager a complex level of verbal and written proficiency in Spanish as demonstrated by appropriate testing every other year.

2. Upon request, provide complicated written translation from Spanish-to- English and English-to-Spanish and/or act as an informal interpreter for 36 65266.00018\42190959.1

20 meetings and interviews with Spanish speaking people and/or give presentations or media interviews in Spanish.

3. As the intent of such pay is to have reliable high-level Spanish skills available, the refusal or inability to provide such high-level services during work hours, except as directed by the employee’s manager, may result in the loss of advanced premium pay at the discretion of the City Manager.

Article 25. LATENESS AND ABSENTEEISM POLICY
A. Unscheduled lateness that becomes a pattern or is excessive will be subject to disciplinary action which could include suspension and discharge.

B. Employees are required to report unscheduled absence to their supervisor prior to the time for beginning the regular work day. or as soon thereafter as practical.

C. In the case of an emergency an employee is expected to report in (or have someone else do it) as soon as possible.

D. Employees may be required to bring a note from their doctor after three (3) consecutive days of absence.

E. Employees suspected of abusing sick leave usage may be required to bring a doctor’s note with each day of absence.

Excess absenteeism may be subject to disciplinary action which could include suspension and discharge.

Article 26. EMPLOYEE CLASSIFICATION REVIEW REQUESTS
A. An employee who believes they are performing the substantial preponderance of duties of one or more higher Council-approved classification(s) on a regular ongoing basis may submit a written request for classification review to the employee’s department head. The department head shall act or decline to take action upon the request, with notification to the employee and Human Resources, within 30 calendar days, subject to written appeal within 30 days to the City Manager whose decision shall be final.

B. If approved, Human Resources shall conduct said classification review and shall issue its findings to the employee and the department head within sixty (60) working days of receipt of the request from the department head. If it is determined by Human Resources that an employee is performing the substantial preponderance of duties of one or more higher Council-approved classification(s) on a regular ongoing basis, the employee will receive acting pay retroactive to the date the employee submitted the classification review request, and it shall be the decision of the department head how to proceed going forward following the receipt of findings to remedy the working out of classification situation (e.g., stop working the employee out of class, or provide them with acting pay prospectively, or ask Council to reclassify the position, as appropriate).

For purposes of this provision “substantial preponderance” shall be interpreted as meaning that, in the Personnel Officer’s professional opinion, the employee is performing 80% or more of the duties of the higher class that are not already duties of the employee’s existing class.
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21 C. An employee appointed to a temporary acting assignment in a higher classification, as provided under Section 5.3 of the City’s Personnel Rules, will receive acting pay after the employee has served either 10 consecutive days or 30 cumulative working days in a 12-month period in that higher classification. An employee may notify Personnel Officer if they believe they should be eligible for acting ay. If the Personnel Officer agrees, acting pay will be retroactive to the date the person would otherwise have been eligible for such pay.

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22 SIGNATURE PAGE

FOR THE CITY FOR THE UNION
Robert Nisbet, City Manager Brian Hiefield
Associate Planner
Jennifer Jennings Andy Newkirk
Human Resources Risk Manager Supervising Senior Planner Luke Rioux, Finance Director Angeline Foshay, Management Analyst Rob Adam Perry
Labor Representative, SEIU Local 620
Approved as to Form:

Megan Garibaldi, City Attorney
39 ATTACHMENT 3:

Amended and Restated Agreement No. 2018-038.2, the Memorandum of Understanding with SEIU, Local 620 Regarding the Goleta Miscellaneous Employees Bargaining Unit

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MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF GOLETA
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620

REGARDING MISCELLANEOUS BARGAINING UNIT
January 1, 2024 to December 31, 2027

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TABLE OF CONTENTS

Page

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2 This MEMORANDUM OF UNDERSTANDING (“MOU”) was made and entered into on the fifteenth day of May, 2018, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as “CITY”), and Local 620 of the Service Employees International Union, Goleta Chapter (herein referred to as “LOCAL 620” or “UNION”) regarding the Miscellaneous Bargaining Unit, and was subsequently amended on September 15, 2020, was amended and restated on this seventh day of December, 2021, and is amended and restated on April __, 2024.