4. Except as otherwise provided, any future retiree-medical reimbursement amount increases shall apply only to those employees who retire on or after the date the retiree-medical adjustment is effective.
5. All retiree health care benefits, provided pursuant to this Section, terminate upon the death of the retired employee or as outlined in Section 8.03.A.3.c. above.
B. Employees hired on or before December 31, 1999 and eligible to retire on or after September 1, 2021, are permitted to participate in the retiree benefits as outlined in Section 8.03.A. or may participate in the medical insurance program as outlined below in this Subsection (Section 8.03.B.). However, an employee hired on or before December 31, 1999 must select, at the time of his/her retirement, whether he/she desires to use the retiree insurance program as outlined in Section 8.03.A. or Section 8.03.B. Once selected, the retiree must remain on his/her selected retiree insurance benefit throughout the duration of his/her retirement and may not switch to the other option. Failure of an employee hired on or before December 31, 1999 to select which retiree insurance program he/she desires at the time of his/her retirement shall automatically participate in the retiree insurance program as outlined under Section 8.03.A. The following retiree Revised 9/22 Article 8 - Page 5 MCCEA
medical insurance program is available for selection to an employee hired on or before December 31, 1999 at the time of his/her retirement:
1. The City establishes 50 as the minimum age an employee must reach to be eligible for a normal service retirement. For the employee attaining the age of 50 who otherwise qualifies for and receives a normal service retirement pursuant to the provisions of this MOU and any guiding procedures, rules, and regulations established by CalPERS, the City makes available the opportunity to continue comprehensive health benefits under the City's group plans and group rates upon retirement. Failure by the retiree to maintain his/her portion of premium payments/contributions for Cityprovided medical, dental, and/or optical insurance plans, or failure to maintain active enrollment in City-provided health insurance plans shall disqualify the retired employee from eligibility to participate in, or receive this benefit. The City contribution is for retiree-only medical insurance. The City does not contribute to dental and/or optical insurance plans for the retiree. Eligibility to participate under the terms of this section is not provided for those employees retiring under disability provisions, except as required by COBRA (also see Section 8.02. COBRA), or except as permitted by the City for a disability retiree to remain on group medical plans at the retiree's cost. Retirees who wish to use this medical retiree benefit shall be enrolled in one of the health plans provided through the City.
2. The City's contribution limit for a retiree's medical insurance is limited and defined by the following:
1. The applicable group medical plans and group rates in effect at the time of retirement; and
2. The City's contribution limit in effect on the date of retirement, as established in the MOU in place at the time of retirement— notwithstanding any other provision in this MOU, at no time shall the City's contribution toward retiree medical exceed the retireemedical contribution cap in place in the MOU in effect at the time of retirement.
3. If the employee retires on or after the age of 50 (the minimum age of retirement from the City by MOU), but before reaching the age of the retiring employee’s CalPERS retirement formula (e.g., age 60 under the 3% @ 60 retirement formula), then the monthly value of the contribution shall be up to $332.16 per month, effective upon retirement until the retiree reaches the normal age of the applicable CalPERS retirement formula the employee retired under (e.g., when the employee reaches the age of 60 under the 3% @ 60 retirement formula), at which time and upon written request by the Revised 9/22 Article 8 - Page 6 MCCEA
retiree to the City, up to $532.16 per month toward the Cityprovided retiree medical contribution amount shall be restored.
3. Any portion of a medical premium that exceeds the City's contribution is the retired employee's responsibility to pay. Except as otherwise provided, future retiree-medical contribution increases shall apply only to those employees who retire on or after the date the retiree-medical contribution adjustment is effective.
4. For retirees whose normal service retirement date was effective prior to January 1, 2005, the City's retiree-medical benefit contribution shall not exceed the City's monthly medical premium contribution cap for a retired employee as specified in the MOU in effect at the time of retirement. If no retiree-medical contribution cap was specified, the City's retiree-medical contribution shall be limited to the medical contribution cap in place at the time of retirement for an active, full-time employee receiving employee-only coverage. If no active, full-time contribution cap was specified, the City's retiree-medical contribution shall be limited to the lowest group rate in effect for group plans offered by the City at the time of retirement for employeeonly coverage. Contribution caps referenced in this section shall be limited by a retiree's years of service and his/her eligibility for retiree-only coverage.
5. To be eligible for this benefit, members who retire under a normal service retirement, must have a minimum of 25 years of continuous, full-time service to the City (or members with a minimum of 30 years of cumulative, full-time service to the City, of which a minimum of 10 years are continuous and contiguous to the date of retirement), and having attained the retirement age of 50, the City will contribute up to $532.16 per month (or $332.16 per month as defined in Section 8.03.B.2.c.) toward retiree-only medical insurance, or the dollar amount representing the maximum City contribution for employee-only coverage under City group medical plans and group medical rates in effect at the time of retirement, whichever is less. The retiree is responsible for paying any co-payments required by the health care provider and/or any additional premium payments above the City's maximum monthly contribution. The retiree portion of the monthly contribution shall be paid during the first week of each month, with a grace period not to exceed 30 days. Late payments for health care coverage that exceed the 30-day grace period shall be cause for automatic disenrollment in the City's group health plans. Conditions for health care coverage, enrollment, and processing procedures are established in accordance with legal requirements and conditions set by applicable health insurance carriers.
6. At age 65, the retiree is responsible for coordinating his/her City-provided medical care plan with Medicare.
Revised 9/22 Article 8 - Page 7 MCCEA
a. For employees hired after March 31, 1986, who retire under a normal service retirement on or after January 1, 2005, with a minimum of 25 years of continuous, full-time service to the City and having attained the retirement age of 50, the City will contribute up to $532.16 per month toward retiree-only medical insurance and Medicare Part B, or the dollar amount representing the maximum City contribution for employee-only coverage under City group medical plans and group medical rates in effect at the time of retirement, whichever is less. In the event that the retiree fails to integrate the City-provided health care plan with Medicare, the retiree shall be responsible for any monetary penalty and excess rates assessed by Medicare and/or the City-sponsored health care plan. b. For employees hired before April 1, 1986, who retire under a normal service retirement on or after January 1, 2005, with a minimum of 25 years of continuous, full-time service to the City and having attained the retirement age of 50, the City shall contribute up to $532.16 per month toward retiree-only medical insurance and Medicare Parts A and B, or the dollar amount representing the maximum City contribution for employee-only coverage under City group medical plans and group medical rates in effect at the time of retirement, whichever is less. In the event that the retiree fails to integrate the City-provided health care plan with Medicare, the retiree shall be responsible for any monetary penalty and excess rates assessed by Medicare and/or the City-sponsored health care plan.
Revised 2/11 Article 9 - Page 1 MCCEA
ARTICLE 9: LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE Employees receive, at the expense of the City, $50,000 of life and accidental death and dismemberment insurance. Further, the City makes available to retiring employees the opportunity to continue life insurance benefits (to a maximum of $20,000) under the City's group plan and group rate, at the employees' expense.
Revised 2/11 Article 10 - Page 1 MCCEA
ARTICLE 10: LONG-TERM DISABILITY INSURANCE
The City provides long-term disability (LTD) income insurance for employees. This plan is designed to provide long-term income to an employee off work due to a nonwork-related disability, injury, or illness. It provides income to supplement the employee's sick leave accumulation, which may be exhausted during long recovery periods. LTD benefits are payable after 60 consecutive calendar days of total disability (the benefit waiting period); however, the City contributes to eligible employees in the amount of two thirds their base salary for the 41st through the 60th calendar days of the deductible period, prior to initiation of long-term disability insurance benefits. After 60 consecutive calendar days of total disability and upon initiation of LTD insurance benefits, employees will receive up to a maximum of 66 2/3 percent of their current base salary (predisability earnings reduced by deductible income). The maximum LTD benefit amounts follow:
Current Base Salary/Predisability Earnings Cap Maximum Benefit Amount $7,500 per Month $5,000 per Month
Long-term disability insurance premiums are entirely paid by the City; therefore, moneys received under this program are reportable as income and are taxable.
Notwithstanding any other statement or provision in this MOU, the LTD benefits– including coverage features, the maximum benefit period, disabilities excluded from coverage, disabilities subject to limited pay periods, and other benefit conditions and exclusions–are defined in the City's LTD insurance policy and may dictate changes, variances, limitations, restrictions, subtractions of salary and benefits, and other requirements that may not be consistent with the provisions contained herein. In each and every instance, terms contained in the LTD policy shall supersede the provisions contained herein.
Revised 12/15 Article 11 - Page 1 MCCEA
ARTICLE 11: RETIREMENT
The City is a member of the California Public Employees' Retirement System (CalPERS).
All regular, full-time employees are required to become members of the system. For fulltime employees, except as otherwise provided for in this Article, the City pays the required CalPERS employer contribution rate, the Employer Paid Member Contribution (EPMC) to the extent agreed upon in this MOU, and the cost of administration. Employee contributions in excess of those paid by the City shall be withheld from the employee's salary up to the amount required by CalPERS, or as required by the provisions of this MOU.
For employees hired before January 1, 2013, the City's agreement with CalPERS provides for a retirement allowance based on each employee's 12 highest-paid consecutive months of service with the City. CalPERS determines the age and vesting requirements that establish when an employee can retire from the system under a normal service or industrial disability retirement. Generally, an employee must be at least 50 years of age with 5 or more years of CalPERS-credited service in order to retire with a normal service retirement through the CalPERS system, subject to the specific provisions of the service retirement formula in effect at the time of retirement.
Effective January 1, 2013, the Public Employees’ Pension Reform Act (PEPRA) was implemented, which establishes a new benefit formula and final compensation period for new employees. In addition, PEPRA establishes new contribution requirements for employees hired on or after January 1, 2013, who meet the definition of new member.
The City's service retirement formulas for employees are as follows:
1. Employees Hired Before June 21, 2010
Employees are covered by the CalPERS "3% @ 60" benefit formula. This plan provides 3 percent of pay at age 60 for each year of service credited with the City.
a. Effective December 19, 2011, the City will pay up to 2 percent of the member’s required contribution (EPMC) and employees will pay up to 6 percent of the member’s required contribution on a pretax basis. b. Effective June 27, 2016, the City will pay 0 percent of the member’s required contribution (EPMC) and the employees will pay up to 8 percent of the member’s required contribution on a pretax basis thus terminating item 1.a. above.
Revised 12/15 Article 11 - Page 2 MCCEA
2. Employees Hired On or After June 21, 2010
Employees are covered by the CalPERS "2% @ 60" benefit formula. This plan provides 2 percent of pay at age 60 for each year of service credited with the City.
a. Effective December 19, 2011, for employees hired before July 1, 2011, the City will pay up to 1 percent of the member’s required contribution (EPMC) and employees will pay up to 6 percent of the member’s required contribution on a pretax basis.
b. Effective December 19, 2011, for employees hired on or after July 1, 2011, employees will pay up to 7 percent of the member’s required contribution on a pretax basis for the first 5 years of employment pursuant to 2 CCR 569.
c. Effective June 27, 2016, the City will pay 0 percent of the member’s required contribution (EPMC) and the employees will pay up to 8 percent of the member’s required contribution on a pretax basis thus terminating items 2.a. and 2.b. above.
3. Employees Hired On or After January 1, 2013
Effective January 1, 2013, new members to CalPERS or an agency with CalPERS’ reciprocity will be subject to the provisions of the Public Employee’s Pension Reform Act of 2013 (PEPRA) and will receive the 2% @ 62 benefit formula. This plan provides 2 percent of pay at age 62 for each year of service credited with the City. Employees pay 50 percent of the normal cost rate on a pretax basis to be calculated by CalPERS. In addition, new members must be at least 52 years of age with 5 or more years of CalPERS-credited service in order to retire with a normal service retirement through the CalPERS system, and their retirement allowance will be based on the average of their last 3 years of compensation prior to retirement.
Employees who are current members of CalPERS or an agency with CalPERS’ reciprocity, or who have less than a 6-month break in service between employment in a CalPERS (or reciprocal) agency, or who have previously been employed by the City of Montclair will be enrolled in the 2% @ 60 formula. Employees under this formula pay 6 percent of the member’s required contribution on a pretax basis, as in items 2.a. above, and effective June 27, 2016, as in 2.c. above.
Except as otherwise provided for in this MOU for retiree-medical benefits and CalPERSrelated retirement benefits, to retire from the City and be eligible for City-provided retirement benefits other than CalPERS retirement benefits, an employee must be at least 50 years of age with 25 or more years of continuous service to the City; e.g., to receive Revised 12/15 Article 11 - Page 3 MCCEA
the 25-year retiree-medical benefit, an employee must be at least 50 years of age and have a minimum of 25 consecutive years of service with the City.
This plan provides employees with the "Increased-Level 1959 Survivor Benefits" and the optional "Military Service Credit as Public Service." Employees are allowed to purchase, at their expense, up to 4 years of CalPERS service credit for any continuous active military or merchant marine service prior to employment with the City. The employee must contribute an amount equal to the contribution for current and prior service that the employee and City would have made with respect to that period of service. Employee's payments will be calculated by CalPERS.
When employees separate under a normal service retirement, credit of unused sick leave for continuous employment purposes may be provided at the employee's discretion (also see Article 14: Leaves, Section 14.01. Sick Leave). If an employee should leave the City and no longer be eligible for membership in the system, the money contributed on behalf of the employee—i.e., the employer-paid member contribution component (exclusive of the employer rate component and its accumulated value)—will be returned to the employee. An employee may, however, leave the CalPERS contributions on deposit in the system, with interest, if the employee has 5 or more years of CalPERS-credited service.
Revised 9/21 Article 12 - Page 1 MCCEA
ARTICLE 12: HOLIDAYS
Section 12.01. Holiday Leave
Holiday leave is provided by the City to allow employees the opportunity to celebrate recognized holidays. An employee celebrating a City-recognized holiday will not be permitted to use any City-provided leave time other than holiday leave. Except as otherwise provided for in this MOU, each employee shall use holiday leave on Cityrecognized holidays. Holiday leave shall be earned as holidays occur, shall be used in the fiscal year earned, and shall not be carried over to the following fiscal year.
A. Shift Employees
Shift employees shall receive the following days of paid holiday leave each year for a maximum of 104 hours:
New Year's Day (10 hours earned)
Martin Luther King, Jr.'s Birthday (10 hours earned)
Presidents Day (10 hours earned)
Memorial Day (10 hours earned)
Independence Day (10 hours earned)
Labor Day (10 hours earned)
Veterans Day (10 hours earned)
Thanksgiving Day (10 hours earned)
Christmas Eve Day (10/4 hours earned—one-half of the shift labor unit will receive 10 hours off, the other half of the shift labor unit will receive 4 hours off, as determined by the department head)
Christmas Day (10 hours earned)
New Year's Eve Day (10/4 hours earned—one-half of the shift labor unit will receive 10 hours off [that part of the workforce that received 4 hours off on Christmas Eve Day], the other half of the shift labor unit will receive 4 hours off, as determined by the department head) B. Nonshift Employees
Nonshift employees shall receive the following days of paid holiday leave each year for a maximum of 104 hours:
New Year's Day (10 hours earned)
Martin Luther King, Jr.'s Birthday (10 hours earned)
Presidents Day (10 hours earned)
Memorial Day (10 hours earned)
Independence Day (10 hours earned)
Labor Day (10 hours earned)
Veterans Day (10 hours earned)
Revised 9/21 Article 12 - Page 2 MCCEA
Thanksgiving Day (10 hours earned)
Christmas Eve Day (10/4 hours earned—one-half of the nonshift labor unit will receive 10 hours off, the other half of the nonshift labor unit will receive 4 hours off, as determined by the department head) Christmas Day (10 hours earned)
New Year's Eve Day (10/4 hours earned—one-half of the nonshift labor unit will receive 10 hours off [that part of the workforce that received 4 hours off on Christmas Eve Day], the other half of the nonshift labor unit will receive 4 hours off, as determined by the department head)
In the event any of these holidays fall on a Sunday, the following Monday shall be considered as the holiday. If a scheduled holiday should fall on a Friday or Saturday, the preceding Thursday shall be considered as the holiday, or applicable hours will be credited to the employees' holiday banks. The City Manager may change the holidays on Christmas Eve and New Year's Eve to the working day immediately preceding or following the working day on which Christmas Day and/or New Year's Day will be celebrated.
In the event that the City returns to a 5-day, 40-hour workweek, Lincoln's Birthday, Personal Day, and Friday After Thanksgiving Day will be reinstated as 8-hour holidays; Christmas Eve and New Year's Eve will be converted back to 4-hour holidays; and all other recognized holidays will be converted back to 8-hour holidays.
If, for reasons of protecting the public safety or welfare, or upon the approval of the City Manager, any nonshift employee is required to work on a City-recognized holiday, earned holiday hours shall be credited to the employee's holiday accrual bank. Earned holiday hours credited to the holiday accrual bank shall be equal to the actual time worked by the employee, but not greater than the maximum number of hours earned for the holiday.
Shift employees whose regular work schedules preclude them from celebrating holidays on the designated days, shall have credited to their holiday accrual banks 10 hours for each full-day City holiday in lieu of holiday pay, and 14 hours for the combined holidays of Christmas Eve and New Year's Eve in lieu of holiday pay.
Employees leaving City service with accrued holiday leave shall be paid the amount of accrued holiday hours to the date of termination. Payment for accrued holiday time shall be at the employee's current hourly rate of pay.
Section 12.02. Holiday Accrual Bank
For those employees whose regular work schedules preclude them from celebrating Cityrecognized holidays on the designated days, a holiday accrual bank shall be used for recording earned holiday hours. The maximum amount of holiday hours to be accrued during any fiscal year shall not exceed 104. Holiday leave shall be used in the year it is earned and shall not be carried over to the following fiscal year. On July 1 of each year, Revised 9/21 Article 12 - Page 3 MCCEA
any remaining holiday leave accrual from the previous fiscal year will be forfeited. Holiday leave taken on a day other than an actual City-recognized holiday shall be granted at the discretion of the department head.
Employees leaving City service with accrued holiday leave shall be paid the amount of accrued holiday hours to the date of termination. Payment for accrued holiday time shall be at the employee's current hourly rate of pay.
Section 12.03. Holiday Pay Option
On the last day of the last full pay period in June of each year, and in lieu of time off for accrued holiday hours, the City will buy back from each employee a maximum of 30 holiday hours. All other holiday hours accrued shall be used in the fiscal year earned. Time off for accrued holiday leave shall be granted at the discretion of the concerned department head. Holiday leave not used or sold back to the City in the year it is earned will be forfeited.
Revised 12/15 Article 13 - Page 1 MCCEA
ARTICLE 13: VACATION
Section 13.01. Vacation Leave
A. Full-time, regular employees shall be eligible for annual vacation leave as follows:
Maximum
Continuous City Hourly Biweekly/ Allowable
Service Annual Accrual Accrual
0-5 years (0-60 months) 3.08 hours/80 hours 160 hours
6-10 years (61-120 months) 4.62 hours/120 hours 240 hours 11-20 years (121-240 months) 6.15 hours/160 hours 320 hours 21+years (241+months) 7.69 hours/200 hours 400 hours
B. Vacations may be taken only after completion of 6 months of continuous service.
C. Vacations may not be accumulated in excess of 2 times the amount accrued in any 1 year. Upon reaching the maximum allowable vacation accrual (based on years of service to the City), an employee will no longer earn additional vacation time until the vacation balance falls below the maximum allowable accrual. However, no employee shall lose earned vacation time because of the urgency of work.
D. The time at which an employee may use vacation leave shall be determined by the concerned department head with particular regard for the City's needs, but also, insofar as possible, considering the employee's wishes.
E. If a holiday recognized by the City falls within the vacation period, it shall not be counted as a day of vacation.
F. Employees may not work their vacation and receive double compensation for their work.
G. Employees leaving City service with accrued vacation leave shall be paid the amount of accrued vacation hours to the date of termination. Payments for accrued vacation time shall be at the employee's current rate of pay.
Section 13.02. Vacation Buyback Option
Employees are eligible to convert City-provided vacation-leave hours to IRS reportable compensation each fiscal year. Leave time converted to compensation is not PERSable.
When employees convert vacation leave to compensation, a written request must be submitted to the City Manager/Personnel Committee for approval. Approved requests will be forwarded to the Finance Division for conversion of vacation leave to reportable compensation.
Revised 12/15 Article 13 - Page 2 MCCEA
Only that portion of an employee's accumulated vacation that is in excess of his/her annual accumulation rate can be converted to reportable compensation; provided, however, that the amount of vacation leave that can be converted to reportable compensation shall not exceed 60 hours annually.
Effective July 2016, the amount of vacation leave that can be converted to reportable compensation shall be increased to a maximum of 80 hours annually.
Revised 9/21 Article 14 - Page 1 MCCEA
ARTICLE 14: LEAVES
Section 14.01. Sick Leave
A. Accrual and Use of Sick Leave Hours
Employees are authorized to accrue annual sick leave up to the maximum of a 1,250 hours sick leave accrual cap; however, only 1,000 hours maximum may be used toward redemption of sick leave hours upon retirement. However, if, during an employee's final year of employment, there is an abuse of sick leave by the employee that is not associated with a catastrophic or other significant illness that is verified in writing by a physician, the employee shall be exempt from participating in the "Redemption of Sick Leave Hours Upon Retirement" and remaining sick leave hours in the employee sick leave account shall be forfeited.
Such leave shall not be considered a benefit that an employee can use at the employee's discretion, but shall be allowed only in the following cases: (1) actual sickness or disability of the employee; (2) medical and dental appointments; or (3) illness of a person in the employee's immediate family as provided for in this section.
Notwithstanding any definition or provision in this MOU, members of "immediate family" shall be defined as follows:
1. The employee and any lawful relative, by blood, marriage, domestic partnership, or legal status (including adoption or guardianship) who is currently a member of the employee's household (those who legally dwell together under the same roof as a family)—provided no judicial decree has divested the employee of his/her statutory relationship to any member of the household; the parent, grandparent, sibling, or child of the employee by blood or legal status, regardless of residence—provided no judicial decree has divested the employee of his/her statutory relationship to any of the aforementioned; or
2. The parent, grandparent, sibling, or child of the employee's current legal spouse/domestic partner, by blood or legal status, regardless of residence—provided no judicial decree has divested the spouse/domestic partner of his/her statutory relationship to any of the aforementioned.
Further provided that the purpose of sick leave is to allow the employee time off to care for himself/herself during an illness or to directly provide primary responsibility for the care of the member of the employee's immediate family who is suffering from a serious health condition (an illness, injury, impairment, or physical or mental condition that involves continuing treatment by a health care provider) that significantly prevents a minimal level of self-care, that such time off shall include only Revised 9/21 Article 14 - Page 2 MCCEA
incidental and minimal travel time related to the care of the ill person, and that such time shall be preapproved in writing by the department head.
Sick leave accrual shall begin on the first day of employment on the basis of 8 hours' pay for every completed full month of service. Employees shall accrue a maximum total of 96 hours of sick leave per year not to exceed the 1,000 hour accrual cap.
Sick leave is credited biweekly through the payroll system, and it may be taken after 2 months of service have been completed. The department head or designee shall have the option of requesting a doctor's certificate if an employee is absent for more than 3 consecutive days, or 3 consecutive shifts, on sick leave; in the case of suspected sick leave abuse (e.g., pattern of absences on the first or last days of the workweek or pay period, or the day before/after a holiday; a history of exhausting available sick leave each year; etc.); or where the employee's fitness for duty is in question.
All accumulated sick leave is forfeited upon termination, other than for normal service retirement, as allowed for in this section.
The City may credit an employee who is coming from another governmental agency with one-half of the employee's accumulated sick leave, up to a maximum of 240 hours. The purpose of this provision is to facilitate lateral recruitment of experienced employees to the City.
B. Annual Sick Leave Redemption Program
Sick leave may be accumulated up to the 1,250 hour cap, or an employee may exercise the following option once a year (this option to be exercised automatically by the City unless otherwise advised by the employee): In order to encourage regular attendance at work, an employee may, during the first full pay period of December each year, convert one-half of the unused sick leave hours accrued during the preceding "accrual period" (first full pay period of December through the first full pay period of December of the next year), up to a maximum of 48 hours, to cash, computed using the base salary rate in effect on the first day of the first full pay period of December of the calendar year in which the conversion is applicable.
The balance of remaining sick leave time will be credited to the employee's sick leave accrual account. The above plan applies only to:
1. Persons having been employed on a full-time basis with the City for the 2 years that immediately precede the last day of the last full pay period in November of each year; and
2. Employees who maintain a minimum of 1 year's accrued sick leave (96 hours) prior to the last day of the last full pay period in November of the preceding year (the accrual period); and
Revised 9/21 Article 14 - Page 3 MCCEA
3. Employees who, in the year that immediately precedes the last day of the last full pay period in November of each year (the accrual period) did not use, either separately or in combination, sick leave, FMLA, IOD, LTD, pregnancy leave, and/or leave without pay that, in total, is greater than 94 hours.
Employees who have reached the 1,000 sick leave cap during the accrual period will remain eligible to participate in the Sick Leave Redemption Program as set forth in this section. These employees will be eligible to convert one-half of the unused sick leave hours that they would have been eligible to accrue before reaching the cap during the preceding “accrual period” (after the last day of the last full pay period in November through the last day of the last full pay period in November of the following year), up to a maximum of 48 hours, to cash, computed using the base salary rate in effect on the last day of the last full pay period of November of the calendar year in which the conversion is applicable.
C. Redemption of Sick Leave Hours Upon Retirement
Employees retiring from the City under a normal service retirement as established under the terms of this MOU may redeem unused sick leave at the time of retirement by selecting one of the conversion methods authorized in this subsection—all conversions are computed using the base pay in effect for the applicable conversion period. To qualify for use of this benefit, an employee must have at least 25 years of continuous service with the City [15 years for those employees grandfathered under the 15-year retiree-medical benefit (also see Section 8.03. Medical Insurance (Retirees). A. Fifteen-Year Retiree-Medical Benefit)] and be at least 50 years of age or, in the case of option "C.4." of this subsection, be at least 47 years of age and within 3 years of his/her planned retirement date.
1. Unused sick leave may be redeemed during the final pay period prior to retirement for a lump-sum cash settlement paid at the rate of 2 hours of accumulated sick leave redeemed for 1 hour of wages at the employee's current base rate of pay. Applicable payroll taxes would apply.
2. The City's CalPERS contract provides an option for normal service retirees to receive additional time-in-service credit by converting sick leave at the rate of 8 hours of sick leave accrual for .004-year-of-service credit.
3. Pursuant to federal and state law, employees under the "3% @ 60" CalPERS retirement formula attaining the minimum age of 47 who are within 3 years of their planned retirement date may take advantage of the 457 Deferred Compensation Plan "catch-up" provisions as defined in federal and state law.
To the extent allowed by federal and state law and the City's deferred compensation plan administrator, the City will allow, once annually during the 3 years prior to an employee's planned retirement date, the conversion of accrued sick leave at a rate of 2.25 hours for 1 hour of cash contribution, at the Revised 9/21 Article 14 - Page 4 MCCEA
employee's base rate of pay in effect at the time of conversion, to the City's 457 Deferred Compensation Plan. Sick leave conversion contributions for the "457 catch-up" shall normally be distributed over an employee's last 3 years prior to his/her planned retirement date. However, based on the total amount of annual "457 catch-up" contributions available to the employee, accumulated sick leave hours, and the employee's designated retirement date, "457 catchup" contributions may occur over a shorter period of time prior to retirement; in no event, however, shall any contribution occur during the employee's final payroll compensation period with the City.
To be eligible to participate, the employee must be within 3 years of his/her planned retirement date, have "457 catch-up" privileges available to him/her, be enrolled in the City-sponsored 457 Deferred Compensation Plan, and maintain a minimum of 192 hours of sick leave in his/her accrual account after conversion during each year of participation. For purposes of this paragraph only, sick leave hours used for the "457 catch-up" shall be the first earned with respect to accumulation. Contributions made pursuant to this paragraph shall be reported as City contributions and shall not be fully vested with the employee until the actual date of retirement.
An employee leaving City service by means other than normal service retirement shall be required to reimburse to the City all cash contributions to the deferred compensation plan that were converted from accrued sick leave; reimbursement to be enforced by agreement with the administrator of the Citysponsored deferred compensation plan. In the event that such action for reimbursement cannot be effected through the deferred compensation plan administrator, the employee grants to the City the right to withhold payment on other leave balances due to the employee at the time of separation. The City retains the right to pursue other legal remedies appropriate to recovering disbursed moneys. Moneys not recovered by the City shall be reported to the Internal Revenue Service as a benefit conversion to cash subject to personal income taxes.
It is the employee's responsibility to select one of the options defined herein and notify the Administrative Services Department of his/her choice in a timely manner sufficient to allow implementation. If option "C.3." is selected, remaining sick leave in the employee's accrual bank shall be converted to a cash settlement in the final pay period prior to retirement pursuant to the provisions contained in option "C.1." Section 14.02. Bereavement Leave
In the event a death occurs in an employee's immediate family, the employee shall be granted no more than 40 consecutive hours of bereavement leave with pay to attend the funeral and/or make arrangements regarding the funeral. Members of "immediate family" shall be defined as any lawful relative, by blood, marriage, domestic partnership, or legal status (including adoption or guardianship) who is currently a member of the employee's household (those who legally dwell together under the same roof as a family)—provided Revised 9/21 Article 14 - Page 5 MCCEA
no judicial decree has divested the employee of his/her statutory relationship to any member of the household; the parent, grandparent, child, grandchild, or sibling of the employee by blood or legal status, regardless of residence—provided no judicial decree has divested the employee of his/her statutory relationship to any of the aforementioned; or the parent, grandparent, child, grandchild, or sibling of the employee's current legal spouse/domestic partner, by blood or legal status, regardless of residence—provided no judicial decree has divested the spouse/domestic partner of his/her statutory relationship to any of the aforementioned.
All bereavement leave requires prior approval by the concerned department head.
Section 14.03. Family and Medical Care Leave
A. Statement of Policy
In accordance with the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), the City will provide family and medical care leave and military family leave for eligible employees, as defined.
B. Definitions
1. 12-Month Period
A rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
2. Child
A person under 18 years of age, or a person 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster, or step-child; a legal ward; the child of a domestic partner; or a child of a person standing in loco parentis (in place of a parent).
A child is "incapable of self-care" if he/she requires active assistance or supervision to provide daily self-care in 3 or more of the activities of daily living or instrumental activities of daily living—such as, caring for, grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
Revised 9/21 Article 14 - Page 6 MCCEA
3. Parent
The biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. The term does not include parents-in-law.
4. Spouse
A husband, wife, or domestic partner as defined or recognized under California law.
5. Servicemember's "Next of Kin"
A covered servicemember's "next of kin" is the servicemember's nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority:
a. Blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions;
b. Brothers and sisters;
c. Grandparents;
d. Aunts and uncles;
e. First cousins; and,
f. Another blood relative specifically designated by the covered servicemember for the purpose of military caregiver leave under FMLA.
6. Serious Health Condition
An illness, injury, impairment, or a physical or mental condition that involves one of the following events:
a. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or
Revised 9/21 Article 14 - Page 7 MCCEA
b. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following situations:
1. A period of incapacity (i.e., inability to work or
perform other regular daily activities) due to a
serious health condition of more than
3 consecutive calendar days, and any
subsequent treatment or period of incapacity
relating to the same condition that also involves
the following events:
Treatment 2 or more times by a health care
provider, by a nurse or a physician's
assistant under direct supervision by a
health care provider, or by a provider of
health care services (e.g., a physical
therapist) under orders of, or on referral by,
a health care provider; or
Treatment by a health care provider on at
least one occasion which results in a
regimen of continuing treatment under the
supervision of the health care provider. This
includes, for example, a course of
prescription medication or therapy requiring
special equipment to resolve or alleviate the
health condition. If the medication is overthe-counter and can be initiated without a visit to a health care provider, it does not
constitute a regimen of continuing treatment.
2. Any period of incapacity due to pregnancy or for
prenatal care.
3. Any period of incapacity or treatment for such
incapacity due to a chronic serious health
condition. A chronic serious health condition is
one that falls into the following categories:
Requires periodic visits for treatment by a
health care provider, or by a nurse or
physician's assistant under direct
supervision of a health care provider;
Revised 9/21 Article 14 - Page 8 MCCEA
Continues over an extended period of time,
including recurring episodes of a single
underlying condition; and
May cause episodic rather than a continuing
period of incapacity (e.g., asthma, diabetes,
and epilepsy). Absences for such incapacity
qualify for leave even if the absence lasts
only 1 day.
4. A period of incapacity which is permanent or
long-term due to a condition for which treatment
may not be effective. The employee or family
member must be under the continuing
supervision of, but need not be receiving active
treatment by, a health care provider.
5. Any period of absence to receive multiple
treatments, including any period of recovery
therefrom, by a health care provider or by a
provider of health care services under orders of,
or on referral by, a health care provider, either
for restorative surgery after an accident or other
injury, or for a condition that would likely result
in a period of incapacity of more than 3
consecutive calendar days in the absence of
medical intervention or treatment.
7. Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the armed forces, including the National Guard or Reserves, in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the armed forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his/her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
Revised 9/21 Article 14 - Page 9 MCCEA
8. Health Care Provider
Anyone in one or more of the following occupations:
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treat or supervise treatment of a serious health condition;
c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct subluxation as
demonstrated by X-ray to exist) authorized to practice in California or performing within the scope of their practice as defined under California law;
d. Nurse practitioners, nurse midwives, and clinical social workers who are authorized to practice under California law and who are performing within the scope of their practice as defined under California law;
e. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
f. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
C. Reasons for Leave
1. Leave is only permitted for the following reasons:
a. The birth of a child or to care for a newborn of an employee; b. The placement of a child with an employee in connection with the adoption or foster care of a child;
c. Leave to care for a child, parent, or a spouse who has a serious health condition;
Revised 9/21 Article 14 - Page 10 MCCEA
d. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; e. Leave because of a qualifying exigency arising out of the fact that a child, spouse, or parent is on active duty or call to active duty status in support of a contingency operation as a member of the armed forces, including the National Guard or Reserves; or
f. Leave because of a serious injury or illness of a child, spouse, parent, or next of kin who is a covered servicemember.
2. Except as otherwise provided for in this MOU (also see Article 34: Outside Employment), no employee shall engage in, seek, pursue, or otherwise use FMLA leave time for outside employment, or otherwise obtain FMLA leave by fraudulent means. An employee seeking, pursuing, or otherwise engaging in outside employment while on FMLA leave, or otherwise obtaining FMLA leave by fraudulent means shall be subject to disciplinary action, up to and including discharge from City employment.
D. Employees Eligible for Leave
An employee is eligible for leave if the employee:
1. Has worked for the City for at least 12 months; and
2. Has worked for the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
E. Amount of Leave
Eligible employees are entitled to a total of 12 workweeks of unpaid leave during any 12-month period. As of January 2008, FMLA was amended to include a special leave entitlement that permits eligible employees to take up to 26 weeks of unpaid leave to care for a covered servicemember during a single 12-month period. No more than 26 workweeks of leave may be taken within any single 12-month period.
1. Minimum Duration of Leave
If leave is requested for the birth, adoption, or foster care placement of a child of the employee, leave must be concluded within 1 year of the birth or placement of the child. In addition, the basic minimum duration of such leave is 2 weeks. An employee, however, is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least 1 day, but less than 2 weeks duration on any 2 occasions.
Revised 9/21 Article 14 - Page 11 MCCEA
If leave is requested to care for a child, parent, spouse, or the employee himself/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with.
2. Spouses Both Employed by the City
In any case in which a husband and wife, or domestic partners, both employed by the City are entitled to leave, the aggregate number or workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12- month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave), and the aggregate number of workweeks of leave to which both may be entitled may be limited to 26 workweeks in a single 12-month period to care for a covered servicemember.
This limitation does not apply to any other type of leave under this policy.
F. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the preceding benefit plan by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave, or because of circumstances beyond the employee's control.
The City shall have the right to recover premiums through deduction from any sums due the City (e.g., unpaid wages, vacation pay, etc.).
G. Substitution of Paid Accrued Leaves
If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave and compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act) in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave under this policy.
Notwithstanding the above, if an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave.
Revised 9/21 Article 14 - Page 12 MCCEA
If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, non-FMLA/CFRA leave shall run concurrently with the employee's 12-week FMLA/CFRA leave entitlement.
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA qualifying, the employee shall exhaust accrued leaves as described above.
H. Medical Certification
Employees who request leave for their own serious health condition or to care for a child, parent, or a spouse who has a serious health condition, must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position.
1. Time to Provide Certification
When an employee's leave is foreseeable and at least a 30-day notice has been provided, if a medical certification is requested by the City, the employee must provide it before the leave begins. When 30 days' notice is not possible, the employee must provide the requested certification to the City within 15 days of the request from the City, unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good-faith efforts.
2. Consequences of a Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided.
3. Questions Regarding the Validity of a Certification
a. Employee's Own Serious Health Condition
If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and Revised 9/21 Article 14 - Page 13 MCCEA
paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinion when there is a recertification. b. Serious Health Condition of a Family Member
The certification for a family member will be deemed sufficient if it includes all of the following:
1. The date on which the serious health condition
commenced;
2. The probable duration of the condition;
3. An estimate of the amount of time that the health care provider believes the employee needs to care for the
individual requiring the care; and
4. A statement that the serious health condition warrants the participation of a family member to provide care
during a period of the treatment or supervision of the
individual requiring care.
4. Recertification
Upon expiration of the time period which the health care provider originally estimated that the employee needed for his/her own serious health condition, the City may require the employee to obtain recertification if additional leave is requested.
5. Intermittent Leave
If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can be best accomplished through an intermittent or reduced leave schedule.
I. Employee Notice of Leave
If possible, an employee must provide at least 30 days' advance notice for foreseeable events, such as the expected birth of a child or planned medical treatment for the employee or family member. For events which are unforeseeable, Revised 9/21 Article 14 - Page 14 MCCEA
the employee must notify the City, at least verbally, as soon as he/she learns of the need for the leave.
The employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to the City's operations. Any such scheduling, however, shall be subject to the approval of the health care provider of the employee or the employee's child, parent, or spouse.
If an employee fails to give 30 days' notice for a foreseeable leave with no reasonable excuse for the delay, the City may delay the taking of FMLA leave until at least 30 days after the date the employee provides notice to the City of the need for FMLA leave.
J. Reinstatement Upon Return from Leave
1. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment and salary step held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within 2 business days, where feasible, after the employee notifies the City of his/her readiness to return.
2. Employee's Obligation to Periodically Report on His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
3. Fitness-for-Duty Certification
As a condition of restoration of an employee whose leave was due to the employee's own serious health condition, not intermittent, and which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
Revised 9/21 Article 14 - Page 15 MCCEA
K. Required Forms
Employees must fill out the following applicable forms to be eligible for leave under this policy:
1. "Family Care/Medical Leave Request Form" provided by the City (employees will receive a response to their request from the City, which will set forth certain conditions of the leave);
2. Medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent, or spouse;
3. Authorization for payroll deductions for benefit plan coverage continuation;
4. Fitness-for-duty certification to return from leave;
5. Certification of Qualifying Exigency for Military Family Leave; and
6. Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave.
Section 14.04. Pregnancy Leave
A. Except as provided herein, an employee disabled because of pregnancy, childbirth, or a related medical condition shall be entitled to the same benefits as are provided to other employees who are temporarily disabled for medical reasons.
B. An employee disabled because of pregnancy, childbirth, or a related medical condition shall be entitled to take up to 4 months of leave of absence due to such disability. The employee may utilize any accrued vacation time or other paid leave during the otherwise unpaid portion of any pregnancy leave.
C. Any employee who plans to take any pregnancy disability leave shall give the City reasonable notice of the date the leave will commence and the estimated duration of any leave.
1. The City reserves the right to require written confirmation from the employee's physician or other licensed health care practitioner that she is or will be disabled by pregnancy, childbirth, or related medical conditions before granting pregnancy disability leave.
2. The City reserves the right to require written verification from the employee's physician or other licensed health care practitioner that her disability has ceased before the employee returns to work.
Revised 9/21 Article 14 - Page 16 MCCEA
D. When the employee is ready to return from pregnancy leave (of 4 months or less, or such additional time as provided by the CFRA), the employee shall be entitled to return to her original position unless either:
1. The job ceases to exist because of legitimate business reasons unrelated to the employee's pregnancy disability leave; or
2. Each means of preserving the job for the employee would substantially undermine the City's ability to operate safely and efficiently.
If the employee cannot return to her original position because of either of the foregoing reasons, she shall be entitled to a substantially similar position unless either:
1. There is no substantially similar position available; or
2. A substantially similar position is available, but filling the available position with the returning employee would substantially undermine the City's ability to operate safely and efficiently.
E. When a female employee returns from pregnancy leave, the City will provide a reasonable amount of break time to accommodate the employee desiring to express breast milk for her infant child. Any time required to express breast milk beyond the employee's normal break time is unpaid; the City may, with prior approval from employee's supervisor, allow the use of paid leave time to allow the female employee additional time beyond her normal break time to express milk. The City will also make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private (also see Article 40: Lactation Accommodation).
Section 14.05. Jury Duty
Employees requested to serve on jury duty shall notify their immediate supervisor who shall in turn notify the concerned department head. While serving on jury duty, an employee shall receive regular salary from the City and, also, shall remit to the City all per diem compensation received as a result of serving on jury duty. In cases where the employee's personal car is used to attend jury service and mileage reimbursement is provided by the court of jurisdiction, such reimbursement need not be remitted to the City; in the event a City-provided vehicle is used, mileage reimbursement shall be remitted to the City. The City does not provide mileage reimbursement for jury duty.
In appropriate cases, the City may request that an employee be excused from serving because the employee's duties are such that it would be in the best interests of the City to request such an exemption. The City Manager will request an exemption in only special Revised 9/21 Article 14 - Page 17 MCCEA
circumstances which are permitted by law and, in the City Manager's judgment, warrant this action.
For an employee assigned to shift work who is called to perform jury duty service and is impaneled on a jury, for each day that service on such jury exceeds 6 hours and work conditions permit, City agrees that the employee may be authorized to use vacation leave or accrued compensatory time for time off from work on each such day, with prior approval of employee's supervisor.
Section 14.06. Military Leave
After 1 year of employment with the City, and except as otherwise provided for by action of the City Council as noted below, employees shall be eligible for up to a maximum of 30 days' paid annual military leave, as specified by the California Military and Veterans' Code. Employees anticipating taking military leave must submit a written request to the City Manager, with a copy of orders attached, at least 2 weeks prior to the first day of leave. Employees employed less than 1 year shall receive a leave of absence without pay.
In accordance with City Resolution No. 01-2364, and notwithstanding existing military leave provisions, the following military leave benefits are provided by the City.
Continuation of wages, in whole or in part, for employees ordered to active military duty does not obligate the City to pay for medical, dental, optical, or life insurance; Workers' Compensation; or other claims related to death, illness, or injury incurred or aggravated during active military service.
A. Wages
For a period not to exceed 180 cumulative days in any 1 calendar year, military reservists employed by the City and ordered to military duty shall continue to receive his or her monthly wages from the City, provided that such wages are based on the employee's step rate and job classification at the time military duty began; and further provided that, after the first 30 calendar days of military service, combined monthly earnings for City and military service shall not exceed the employee's base monthly gross earnings with the City. Earnings for military service shall include base wages and all supplemental payments, including, but not limited to, the following allowances: housing, temporary duty, hazardous duty, combat, and flight pay. An employee ordered to military duty shall provide to the City copies of his or her monthly military pay statements for the purpose of verifying earnings for military service and calculating wages due from the City. Such wages shall be paid in arrears for the military pay period just ending.
B. Health Care Coverage
An employee ordered to active military duty is covered immediately by the military's health care system, and the employee's dependents are provided health care under Revised 9/21 Article 14 - Page 18 MCCEA
the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).
However, an employee on military leave may elect to continue health care coverage through the City for a maximum period of 18 months, as provided for under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). An employee who elects to continue such coverage while on active military duty shall be charged 102 percent of the full premium under the plan associated with such coverage. In the case of military reservists whose coverage under the employer health plan was terminated by reason of military service, the City will not impose an exclusion or waiting period in connection with the reinstatement of employer-provided health care coverage.
C. Leave Accrual
After the first 30 days of active military service in any one calendar year, employees shall not accrue City-paid vacation, holiday, or sick leave benefits or other forms of paid leave; provided, however, that any public employee on military leave for intermittent training periods shall continue to accrue the same vacation, sick, and holiday leave up to a maximum period of 180 cumulative days per calendar year as if the employee had not been on military leave.
D. Retirement Benefits
Retirement benefits continue to accrue for employees on military leave for training and for active duty up to a maximum period of 180 cumulative days per calendar year.
E. Other Benefits/Supplemental Pay
After the first 30 days of active military service, employees shall not be eligible to earn or receive other forms of City compensation including, but not limited to, education grants, acting pay, special additional pay, FLSA and regular overtime, deferred compensation, bilingual pay, training pay, life insurance, health insurance, and uniform allowance.
F. Reemployment Rights
Employees returning from military leave are entitled to reemployment rights if the following criteria are met:
1. Advance written notice of such military service is provided to the City;
2. The cumulative length of all absences from the City for reasons of military service does not exceed five years, unless otherwise provided for by law; and
Revised 9/21 Article 14 - Page 19 MCCEA
3. The returning employee on active military duty for less than 31 consecutive days submits a written request for reemployment no later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of military service; and no less than 14 days after the completion of service for an employee on active duty for more than 30 days but less than 181 days.
Section 14.07. Leaves of Absence Without Pay
Leaves without pay may be granted in cases where such absence would not be contrary to the best interest of the City. Such leave is not a right but a privilege granted for extraordinary reasons, and shall not exceed 12 months.
An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave while on such leave. There shall be no loss of seniority rights.
All leaves without pay shall be approved by the City Manager.
An employee returning to work from leave without pay shall be placed on the salary step achieved prior to such leave. If the leave exceeds 2 biweekly pay periods, the employee's anniversary date shall be postponed by the number of days of the leave.
Section 14.08. Injury on Duty/Workers' Compensation
California Workers' Compensation Law, a no-fault insurance plan paid for by the City and supervised by the state, covers an employee's medical expenses and salary while off work due to a job-related injury or illness. This protection begins immediately upon being hired by the City, and applies to first-aid-type injuries as well as serious accidents and illnesses.
A. Benefits
Specifically, the California Workers' Compensation Law guarantees an employee three kinds of benefits:
1. Medical care to cure the injury or illness, with no deductibles.
2. Rehabilitation services necessary to get an employee back to work.
3. Cash payments to replace lost wages; additional payments are made if the injury or illness is serious or results in death.
These benefits are established by the California Legislature, and the amount of cash payments as well as when and how they will be paid are part of state law. Only the state Legislature can change the amounts.
Revised 9/21 Article 14 - Page 20 MCCEA
As a supplement to required Workers' Compensation benefits, if an employee is unable to work for 3 or more calendar days, full salary continuance will be paid by the City for a maximum of 30 calendar days following an injury. Montclair will also coordinate Workers' Compensation payments with an employee's sick leave and vacation balances, to provide full salary continuance for as long a period as possible.
Montclair is self-insured for Workers' Compensation. All doctor bills, hospital expenses, etc., will be paid directly by the City's Workers' Compensation administrator on the City's behalf.
B. Reporting Requirements
Prompt reporting is the key to receiving Workers' Compensation benefits in a timely manner. A work-related injury or illness should be reported to an employee's supervisor immediately. Supervisors act as Montclair's agent(s); therefore, notice to a supervisor of an injury or illness is viewed by law as notice to the employer, and failure by the supervisor to follow through with an accident report and/or direction for medical aid could place the City in a penalty situation.
Claims are established by Montclair's Workers' Compensation administrator, upon notification of injury or illness, usually through the "Employer's Report of Occupational Injury or Illness" form and the "Workers' Compensation Claim Form (DWC 1)." These two forms are completed only if an employee obtains medical attention; in cases of first-aid-type injury or illness or damage to City equipment, only Montclair's "Supervisor's Report of Accident" form is required. Occupational illness or injury should also be immediately reported to the Administrative Services Department. Most claims, if handled promptly and properly, will be resolved successfully and efficiently.
C. Medical Treatment
Of first priority is treatment of the injured/ill employee. When immediate medical treatment is not necessary, contact the Administrative Services Department prior to any treatment. Procedures for obtaining medical treatment for work-related injury or illness are as follows:
1. First-aid-type illness or injury can be treated at the Human Services Department clinic.
2. For more extensive injury or illness, supervisors are to contact the Administrative Services Department for scheduling of a doctor appointment.
3. In emergency situations, employees may report to the emergency room at Montclair's Hospital, or another medical facility if closer, in order to obtain the best treatment available. After receiving medical Revised 9/21 Article 14 - Page 21 MCCEA
care, injury or illness should be reported to a supervisor as quickly as possible, so necessary follow-up examinations can be scheduled by the Administrative Services Department.
4. In cases where an employee does not realize an injury or illness has occurred until several hours or days after an incident, the employee should notify the immediate supervisor and the City will make a determination as to the appropriate procedure for treatment. If, however, an employee first realizes a work-related injury or illness has occurred on a weekend, holiday, or after normal work hours, and feels immediate medical attention is required, the employee may go to a free-choice physician or facility and report the incident to a supervisor on the first City working day thereafter.
5. If, for any reason, an employee wishes to change doctors, contact the Administrative Services Department. The City is as interested as you are in your prompt recovery and return to work!
6. Thirty days after reporting an injury or illness, employees may choose their own doctor. Report your choice of physicians to the Administrative Services Department as soon as you make it, so bills will be paid promptly.
7. Employees have the right to predesignate a treating physician to provide care in the event of an on-the-job injury or illness; however, the Administrative Services Department must be notified of the physician's name, in writing, before the injury or illness occurs.
Designated physicians must be the employee's regular physician, maintain the employee's medical records, and be in accordance with California Labor Code, Section 4600, Note 73.
8. In the case of severe injury, illness, or death, the Administrative Services Department must be notified immediately.
Revised 2/11 Article 15 - Page 1 MCCEA
ARTICLE 15: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS The standard workday for employees shall be 10 hours and the standard workweek shall be 40 hours. A 7-day work period shall be utilized, commencing at 12:01 a.m. (0001) on Monday and ending at 12:01 a.m. (0001) the following Monday.
The pay period for all employees shall be biweekly. If a payday falls on a holiday, payday will (if possible) be the first preceding working day prior to the holiday. From time to time, other work hours, periods, and days, and pay periods may be designated by the concerned department head, the City Manager, or the City Council.
Revised 2/11 Article 16 - Page 1 MCCEA
ARTICLE 16: OVERTIME
Overtime hours worked shall be compensated in accordance with the following provisions.
A. Regular Overtime
1. The City will compensate eligible employees for all overtime worked at a rate of time and one-half the employee's hourly rate of pay. Overtime shall be paid for all hours worked in excess of 40 hours per week. Authorization of the employee's supervisor must be obtained prior to the working of overtime, except in emergency situations. Compensation for overtime shall be in the form of cash payment or, if requested by the employee and approved by the concerned department head, compensatory time off. For purposes of overtime calculations, only vacation leave, sick leave, holiday leave, bereavement leave, and jury duty shall be counted as hours worked.
2. Leave time not counted for purposes of calculating regular, voluntary overtime shall include, but not be limited to, administrative leave, military leave, disciplinary leave (including suspensions with pay), and all forms of disability leave including Injury on Duty (IOD)/Workers' Compensation, Short Term Disability (STD), and Long Term Disability (LTD) leaves.
B. FLSA Overtime
1. Employees shall be paid overtime for all hours worked in excess of 40 during a 7-day work period at a rate of time and one-half the employee's regular rate of pay. For purposes of calculating FLSA overtime, "hours worked" shall mean only those hours actually worked during the work period. Paid and unpaid leave time shall not count as hours worked for purposes of determining eligibility for FLSA overtime. Paid leave time shall include, but not be limited to, vacation leave, holiday leave, sick leave, administrative leave, bereavement leave, military leave, jury duty, disciplinary leave (including suspensions with pay), and all forms of disability leave (including IOD/Workers' Compensation, STD, and LTD leaves).
At its discretion, the City may require the use of compensatory time at the rate of
1.5 hours off for every hour worked overtime in lieu of paying FLSA overtime.
2. The particular overtime to be paid to an employee depends upon which type of overtime is the more generous to the employee. Such determination shall be made at the conclusion of each work period.
3. Sections 1 and 2 above are designed to implement the mandatory provisions of the Fair Labor Standards Act. If, through legislative or judicial determination, it is held that the FLSA is not applicable to the City, overtime eligibility and pay shall be determined solely by the provisions of subsection "A" above.
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C. Compensatory Time
A maximum of 40 hours of compensatory time may be accrued by each employee.
Employees shall apply to use compensatory time as soon as possible after such time is accrued; provided, however, that the City, at its discretion, reserves the right to direct when employees use accrued compensatory time and further provided that the use of such time shall, if practical, be taken when it has minimal impact on overtime costs. The City also reserves the right to "cash out" accumulated compensatory time by paying the employee his/her regular hourly wage for each hour accrued.
When employment conditions require it, and a written request has been submitted, the City Manager may authorize individual employees to accumulate compensatory time beyond 40 hours, not to exceed 100 hours. All compensatory hours accumulated shall be used in the fiscal year earned; provided, however, that the City Manager may authorize the carryover of a maximum of 40 hours into the succeeding fiscal year in the event that the employee is unable to use the accrued hours before the end of the fiscal year in which they were accrued.
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ARTICLE 17: MILEAGE/AUTOMOBILE ALLOWANCE
Employees who use their personal automobiles for City business may be reimbursed, either by a fixed monthly amount or at a rate of 26 cents per mile, for such use of their automobiles, provided such use is approved in advance by the concerned department head and the City Manager. For employees to be eligible for automobile allowance or mileage reimbursement, the following must be provided and submitted to the City Manager Department:
1. For employees who receive a fixed monthly mileage/automobile allowance check, proof of insurance and proof that one of the employee's automobiles is insured for business purposes; or
2. For employees who use their personal automobiles for City business and are reimbursed at a rate of 26 cents per mile, proof that those individuals have their automobiles insured under the minimum requirements set forth by state law (e.g., $15,000 to $30,000 liability coverage, plus propertydamage coverage).
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ARTICLE 18: STEWARDS
City agrees to permit three Association stewards time off during working hours, without loss of pay, to investigate and handle grievances, provided the accumulated hours dedicated to grievance handling do not exceed 30 hours per fiscal year. If additional time is required during regular work hours, time off will be granted stewards without pay.
Association stewards shall be appointed from separate departments. The Association shall notify the City, in writing, of the names of the stewards. Said notification will be made within 48 hours of the certification of the stewards. The City shall be notified of any changes in stewards.
Stewards shall obtain authorization from their immediate supervisor at least 1 workday prior to participating in grievance handling. The immediate supervisor may deny such request, if it is deemed the request would unduly interfere with the normal work schedule.
If the request is denied, the immediate supervisor will establish an alternate time, convenient to both parties, when the representative can be released from his/her work assignment. Stewards may represent Association employees only in matters related to grievance handling.
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ARTICLE 19: PREMIUM PAY PLAN
A. Introduction
The City provides bonus pay opportunities in addition to its salary and benefit programs through the Premium Pay Plan (PPP). The purpose of PPP is to serve as a vehicle for promoting higher levels of employee performance, and to provide for the recognition of employees for short-term distinguishable contributions in accordance with the criteria that follows.
The PPP is designed to provide award opportunities for both individuals and work groups. Any employee, irrespective of position, duties, and degree of visibility, is eligible. A work group may be a crew, a company, a team, a task force, a squad, etc. in which the interdependency of its members is necessary to achieve results.
Any number of employees or work groups may qualify for a PPP award. Employees and work groups shall receive awards in accordance with the premium pay schedule outlined. Alternative forms of compensation to that of pay are prescribed and may be elected at the option of the employee.
Employees wishing to be considered for premium pay must complete the premium pay application form, which is available from the City Manager Department. The same form may be used by an employee who wishes to recommend another employee for consideration for premium pay. Similarly, any member of an employee group or any non-member may submit an application on behalf of the group.
Applications for single-occurrence awards are reviewed by the Premium Pay Panel.
The Panel is composed of 3 community representatives with experience in related fields, who serve at the pleasure of the City Council for alternating 2-year terms.
The Panel sets its own rules of conduct, meets at least quarterly, reviews the applications for conformity, and submits those that qualify to the City Council for its action. No additional evaluations are conducted by supervisors. The Panel is staffed by an employee designated by the City Manager, and it may request more information and conduct such interviews as it deems appropriate. The Panel prepares a statement for publication, which outlines why the contributions of an employee or an employee group were distinguishable and warranted the award recommended.
In order for an employee or an employee group to receive premium pay, the following criteria must be met. The PPP provides a variety of awards for numerous worthwhile employee contributions; both the City and employees benefit mutually.
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B. Criteria for Employees to Qualify for Premium Pay
The following criteria are set out as the basis upon which individuals and employee groups may receive premium pay or the equivalent. The City's compensation program is designed to ensure that employees have the potential of a salary which is internally justified, reflects the value of the job in the marketplace, and generally provides step increases based on satisfactory or better job performance until the maximum is reached. The Premium Pay Plan provides for the recognition of significant 1-time contributions occurring no more than 1 year prior to the application.
The examples provided are for illustration purposes only and should not be construed as limiting the opportunities.
1. Applications on Behalf of an Individual Employee
A contribution on behalf of an individual employee that qualifies for a premium pay award may be for a single occurrence. The following criteria are applied to each instance.
The contribution was:
a. Within 1 year of the employee's last annual performance/pay review date;
b. Developed on the employee's own initiative; and
c. Beyond normal job expectations.
The contribution resulted in:
a. Measurable improvement to the City's image and/or services; and/or
b. Better use of manpower, materials, machinery, methods, and/ or money.
Examples of employees who received awards are:
a. A park maintenance worker noted that a certain piece of playground equipment was hazardous when children bunched up. The child using the equipment would be run down by the next child in line. The employee constructed a turnstile in his garage at home, which was activated only after each child had completed the tour on the equipment; thus controlling the use of the equipment to one child at a time. He received a Level 1 award.
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b. The City's receptionist found that people who came to City Hall were having difficulty finding various offices even with careful directions, signs, and maps. Citizens were frequently irritated at having to be shuffled from one office to another.
After careful research of voluntary organizations—including youth groups and service organizations—the employee
approached a senior citizen group because of its maturity and the availability of its members. On her own time she
conducted a training program for those who wished to serve as guides for visitors to City Hall. She developed a schedule with prescribed additional duties in much the same way as that found in hospitals. She received a Level 2 award.
c. A Firefighter observed that the department's state-of-the-art training program provided extensive orientation for new Fire personnel to the City, but other new City employees did not benefit from a similar process. Although he was not the department's training officer, he gained permission to modify the training materials and audiovisual aids to have broader application to other departments. During his unassigned duty time and days off he produced a video of the community that ultimately was not only used for new employees but for service organizations as well. He received a Level 2 award.
d. An accountant supervisor in the finance department learned that no tracking system existed for citizen complaints.
Frequently, managers who had a need to know, citizens who initiated the complaint, and even City Council Members who reported problems, were uninformed as to how a complaint was handled. Having some computer programming experience, the employee generated a software program that recorded
incoming complaints easily and quickly and listed all parties who needed to be informed of the problem, who was assuming accountability, and how the problem was handled. As a result, an intern was assigned to monitor the program and perform a telephone follow-up with the complainant, similar to that conducted by auto service and appliance repair organizations.
He received a Level 1 award.
2. Applications on Behalf of an Employee Group
A contribution on behalf of an employee group for a premium pay award is for events requiring a "team" approach. The following criteria are applied.
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The contribution was:
a. Clearly one in which full participation by each member of the group was maintained and an interdependency existed in a "team" sense; and
b. Beyond normal job expectations.
The contribution resulted in:
a. Measurable improvement to the City's image and/or services; and/or
b. Better use of manpower, materials, machinery, methods, and/or money.
Examples of employee groups that received awards are:
a. A tree maintenance crew had been working together for about 1 year. Each crew member was assigned specific tasks; e.g., trimming, feeding, maintenance, cleaning, equipment
operation, etc. The demands for tree trimming were high. The City was receiving numerous citizen requests for special trimming, which in most instances were justified. The crew was being diverted from their regular schedule and getting behind.
If one member was ill or on vacation the whole system suffered.
One afternoon the equipment broke down and the crew
members started talking about the situation. The group decided that if each member of the crew knew all the tasks required, a number of benefits would occur. The crew members began to teach each other their various responsibilities, and rotated assignments. Each member was able to help another who was overloaded or replace someone who was absent. Fatigue and boredom disappeared. The cooperative effort led to
systematizing how certain tree varieties were approached. The foreman who supervised several crews found that he was
relieved from direct supervision and was able to concentrate on citizen contacts. The crew not only caught up with its schedule, but expanded its operations so that the contract for outside services on the City's parks was not renewed. The crew
received a Level 1 award.
b. A task force of representative employees from different departments, whose knowledge of the operations was
essential, had been assigned to examine an increase in the City's accident level and develop a program of prevention.
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During the prior year, a variety of accidents had occurred that had no connection with each other. The incidents ranged from bruised thighs on desk corners to a tragic fatality in a drainage cave-in. The City's insurance premiums were likely to be affected. The group examined the evidence in some depth. It considered recommending a consultant and rejected the idea realizing that if the trend was to be reversed it would have to be done by employees. Working on that premise, the group
decided that the best resources were the employees
themselves. The process alone would have some benefit in raising the level of consciousness of employees. The task force began by talking to the victims and then expanded to others.
Task force members visited accident sites in the City. The group divided its assignments so that each had an equal workload and responsibility. The conclusion reached was that 80 percent of the accidents in the prior year could have been prevented. The group developed a system for categorizing the information into a manageable format. The task force assigned risk levels to representative work environments. Without identifying specific incidents and people, a monthly
memorandum was published in which the number of days
without accidents for each level was reported. An award system was developed on a graded basis to recognize
employees who had no avoidable accidents. The most effective effort was the requirement that for every accident reported, the surviving victim reviewed the circumstances with other
employees who had the same level of exposure. The result was that the following year accidents were reduced to below 20 percent. The City received national recognition for its safety record. The task force received a Level 2 award.
c. A Fire Department company believed that it had perfected its routine for gaining control of a fire scene to such a degree that no other company could beat it on time, performance, and safety. The members had observed companies in other
agencies from time-to-time and believed that they did not match their level of accomplishment. The members believed that their high standard could be applied to the benefit of other
companies. As a result, the members of the company
challenged the other suppression companies to beat their record of performance. The other companies took up the
challenge. Routines with simulated conditions were laid out with varying degrees of difficulty. Firefighters from other departments were invited to judge the events during regular shift hours. The initiating company prevailed as the members had expected. Their "secrets" to success were then shared with Revised 2/11 Article 19 - Page 6 MCCEA
the other companies and the visitors. The members had
developed a highly sophisticated systematic approach to a fire scene much like a football team facing an opponent which involved a system of signals. Once the signals were called by the Fire Captain, each member knew exactly what the "play" was. The members were able to adjust quickly to changing conditions. The visitors were very impressed not only with the company but with the department. The Fire company received a Level 1 award.
C. Schedule of Awards
Awards for a single occurrence are assigned by the Premium Pay Plan Panel and recommended to the City Council in accordance with the following schedule. An award is made based on the value of the contribution to the City, and may be for one of two levels in the judgment and sole discretion of the Panel. All premium pay awards are made in 1-time payments. Alternative compensation is available in lieu of direct payment, at the option of the recipient.
1. On Behalf of an Individual Employee
Level 1: Ten percent of the prior month's base salary.
Level 2: Twenty percent of the prior month's base salary.
2. On Behalf of an Employee Group
Level 1: Five percent of the prior month's base salary for each employee.
Level 2: Ten percent of the prior month's base salary for each employee.
3. Alternative Compensation Schedule
Employees may, at their option, choose an alternative form of award to that of pay. Alternatives to premium pay may be paid on the basis of the following ratios. Equivalencies for shift personnel in the Fire service shall be in accordance with established practice.
a. Deferred Compensation
One dollar for every dollar awarded.
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b. Vacation
Ten hours for each 5 percent of monthly salary awarded, with a maximum of 40 hours taken per year.
c. Education Expenses
Two dollars for every dollar awarded for job-related programs in accordance with the City's Education Grant Program, except that there will be no annual maximum.
D. Premium Pay Plan Application Forms
The premium pay application form must be completed by employees wishing to be considered for premium pay. An application may be made on behalf of an individual or group of employees. An employee who wishes to recommend another employee or group of employees may use the same form. An employee or a group of employees who have received an award for premium pay for a single occurrence are not precluded from submitting another application for a single-occurrence award at any time. The application is submitted to the employee assigned to staff the Premium Pay Panel for processing. The Panel meets at least quarterly; the date of the next meeting can be obtained from the City Manager Department. Applicants are encouraged to provide as much information as possible. The Panel may request further information and/or conduct interviews accordingly.
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ARTICLE 20: CLASSIFICATION AND COMPENSATION PLANS
Each position with the City shall be allocated to its appropriate class on the basis of assigned job duties and responsibilities, so that the same qualifications may be reasonably required for and the same schedule of pay may be equitably applied to all positions in the same classification. Positions may, from time to time, be reclassified on the basis of changes in or a reevaluation of the duties and responsibilities of the positions.
The official compensation plan for the City shall provide for a 5-step salary range. The difference between steps within a salary range shall be 5 percent, but there is no specified differential between salary ranges.
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ARTICLE 21: MERIT SYSTEM
In keeping with sound public personnel practice, employment in the City shall be based on merit and fitness, taking into account such factors as individual performance, ability, aptitude, experience, training, education, character, personality, and physical fitness as the basis for selection and promotion. Original appointments are normally based on the results of open competitive examinations, which may be written, oral, physical, practical, or a combination thereof. (Merit system principles—such as competitive examinations, grievance procedures, etc.—may be waived at the sole discretion of the City Manager in the case of part-time or contractual employees.)
The City hereby reaffirms its commitment to fair employment practices related to factors affecting ability to perform and the employment and advancement of persons in protected classes.
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ARTICLE 22: APPOINTMENTS AND PROMOTIONS
A. Appointments
Appointments to vacant positions within the City shall be based on merit and fitness, as determined by competitive examinations and/or personal evaluations. The City Manager or designated representative shall coordinate the recruitment and selection procedures in cooperation with the departments involved. An eligibility list of qualified candidates shall be established.
B. Promotions
Vacancies in positions above the entry level may be filled by promotion whenever one or more qualified candidates are available. This shall not, however, be construed to prohibit lateral entry to a promotional position, should an individual outside the City possess higher qualifications than City employees who are eligible for the position. Qualifications may be determined by competitive examination— either open or closed—or by evaluation of the concerned department head. When qualifications are determined by competitive examination, an eligibility list shall be established with the candidates placed according to their total rating in the examination.
The minimum salary to be received by a person promoted from within the City shall be the next higher step of the appropriate new salary range above the employee's base salary immediately prior to promotion; but the salary increase shall in no event be less than 2 1/2 percent above the employee's previous base salary. Employees who have received internal promotions, if assigned to the lowest step of the new range offering a minimum 2 1/2 percent salary increase, shall be eligible for a step increase upon successful completion of 6 months in the new position. Promotions to a step higher than specified by a 2 1/2 percent increase may be made if extenuating circumstances exist, but only with the recommendation of the concerned department head and prior approval of the City Manager. Subsequent pay step increases, however, will not become effective in this instance until 1 year from the date of promotion, and this date shall also become the employee's pay review date for purposes of eligibility for future merit increases. (For additional information on pay increases and probationary requirements after a promotion, also refer to Article 7: Compensation, Section 7.03. Salary Advancement, and Article 23: Probation.) Based on the recommendation of the concerned department head, the City Manager makes an appointment/promotion from among the established list of qualified candidates.
All appointments for either original employment or promotion must be reviewed by the Personnel Committee.
Eligibility lists, unless exhausted, shall be valid for a minimum of 6 months, with the option of being extended upon the recommendation of the concerned department head and with the approval of the City Manager. In the absence of an eligibility list and in cases of Revised 2/11 Article 22 - Page 2 MCCEA
appointments and promotions where time is a factor, the City Manager may make a provisional appointment to a position for a period not to exceed 6 months or until an eligibility list is established.
The City may also establish programs–including trainee programs—designed to attract and utilize persons with minimal qualifications, but with potential for development, in order to provide career development opportunities among members of disadvantaged groups, handicapped persons, and veterans. Such programs may provide for regular appointment upon the satisfactory completion of the training period without further examination.
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ARTICLE 23: PROBATION
Newly appointed, promoted, and reinstated employees shall be subject to a 1-year probationary period; however, reinstated employees shall be subject to a 6-month probationary period if reinstatement is to the position last held. An employee shall pass probation upon the recommendation of the concerned department head, with approval of the City Manager and concurrence of the Personnel Committee. Time in a "trainee" position shall not be counted as part of the probationary period when taken out of "trainee" position and placed in a "regular" position.
The probationary period may be extended for up to 6 months, upon the recommendation of the concerned department head and with the consent of the City Manager. If a probationary period is extended, the employee shall be notified of such extension, and the reason(s) for such extension, in writing, prior to the expiration of the original probationary period.
If, for whatever reason, an employee on probation is unable to perform his/her assigned duties because of absence from work for any period of time, his/her probation period, merit increase, and anniversary date shall be extended for the same length of absence (also see Section 7.03. Salary Advancement and Article 25: Performance Appraisal).
The work and conduct of probationary employees shall be subject to review and evaluation and, if found to be unacceptable, the probationer may be dismissed, upon the recommendation of the concerned department head and with the consent of the City Manager.
Dismissals while an employee is on probation, or extensions of the probationary period, shall not be subject to further review or appeal. Employees on probation in promotional positions must be returned to their previous positions without the right of appeal, and must not be terminated without the right of a hearing as described under the section entitled "Disciplinary Action."
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ARTICLE 24: TRANSFER
A change of an employee's place of employment from one department to another, or a lateral change of position in a job class or comparable job class on the same salary range, shall be considered a transfer. The purpose of a transfer is to facilitate adjustment of the employee, to improve placement, to provide opportunity to prepare for advancement, to eliminate unsatisfactory relationships between employees, or as a result of a reduction in force.
Transferred employees shall retain all accrued benefits, including sick leave and vacation.
Transfers shall require the approval of the appointing authority involved and the City Manager. Such a transfer may be initiated by request of the employee to the City Manager, by the City Manager, or by the concerned department head or supervisor.
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ARTICLE 25: PERFORMANCE APPRAISAL
Performance appraisal is the process of evaluating and recording the performance of each employee. The appraisal should be based upon results shown by the employee in carrying out assigned duties and responsibilities and should be used to help the employee to be aware of and improve personal performance. The performance appraisal is best used:
1. To maintain a high level of efficiency or assist in raising efficiency by commending the employee.
2. To inform the employee of good performance, which may, in turn, lead to promotion and higher pay.
3. To indicate to the employee weak points and suggest the proper means of raising the employee's work performance to the acceptable level.
4. To encourage better working relationships and mutual understanding by letting the employee know where the employee stands with relation to the employee's supervisor's appraisal.
The concerned department head, together with other supervisors familiar with the employee's work, is responsible for proper preparation of the performance appraisal. The supervisor should carefully consider each item on the appraisal sheet separately, in light of the column definition, and select the column that best describes the work of the employee in each category.
Performance appraisal forms will be originated by the Administrative Services Department. Performance appraisals are to be prepared at the end of the probationary period, annually, or more often if the concerned department head so desires. Prior to reaching Step "E," each City employee shall be evaluated at least once a year, normally on the employee's anniversary or pay-review date.
If, for whatever reason, an employee not on probation is unable to perform his/her assigned duties because of absence from work for a period in excess of 45 consecutive calendar days, the evaluation period shall be automatically extended for a similar period of time; provided, however, the concerned department head/City Manager may evaluate the employee's past performance and submit to the City Personnel Committee a separate, written recommendation justifying/granting a merit increase and not extending the evaluation period for a period of time equal to the period of absence. If the period of absence exceeds 90 consecutive calendar days, the employee's performance evaluation and anniversary date will be extended for a similar period of time (also see Section 7.03.
Salary Advancement).
If, for whatever reason, an employee on probation is unable to perform his/her assigned duties because of absence from work for any period of time, his/her probation period, Revised 2/11 Article 25 - Page 2 MCCEA
merit increase, and anniversary date shall be extended for the same length of the absence (also see Section 7.03. Salary Advancement).
All full-time employees on Step "E" of their salary ranges will be eligible to receive detailed 3-year performance appraisals as an alternative to the normal comprehensive annual appraisals. Between evaluations, a shortened appraisal form or memorandum (indicating the employee's performance continues to meet and/or exceed expectations) will be submitted. If an employee's performance falls below acceptable levels, however, detailed annual appraisals will be completed until an acceptable level of performance is maintained for 2 or more consecutive years. Annual evaluations may also be completed for employees achieving major accomplishments, or whose performance shows significant improvement.
These standards are minimum and appraisals may be required more frequently. Detailed evaluation procedures shall also be subject to department rules and regulations. Upon such evaluation, a completely prepared appraisal form is to be given to the employee with comments to aid the employee in understanding the evaluation.
The performance appraisal shall be discussed with the employee to provide an awareness of those points on which performance is worthy of commendation, as well as those points on which improvement is needed. Special attention should be given to discussing specific ways in which the employee can improve job performance.
Performance appraisal forms are to be signed by the employee, the rater, and the concerned department head. The original, signed appraisal form is forwarded to the City Manager and Personnel Committee for review, and then is retained in the employee's official personnel file. A copy is given to the employee.
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ARTICLE 26: TERMINATION OF EMPLOYMENT
An employee of the City may terminate employment voluntarily, either by resignation or retirement, or such termination may occur involuntarily as a result of administrative action for disciplinary reasons, failure to meet the minimum requirements of the job, or due to a reduction in workload or funds. Such termination may also be due to organizational adjustments, which are handled in accordance with the "Layoff Procedure." An employee absent from the job for 3 consecutive working days without authorization shall be considered as automatically resigned from City employment, unless the absence is the result of extraordinary circumstances.
In the case of voluntary resignation or retirement, the City requests that the employee give 2 weeks written notice to the concerned department head. In the case of involuntary termination for disciplinary reasons, or lack of adequate performance, the concerned department head or authorized representative shall give the employee written notice, citing the reasons for such termination, and the employee shall have the right to appeal in the manner provided for in the section of this MOU entitled, "Disciplinary Action." Except in those instances where an employee's performance is so egregious as to warrant immediate termination, termination for disciplinary reasons that relate to employee performance (e.g., inefficiency, incompetence, or inability to perform required work), shall be preceded by adequate discussion, warning, and corresponding opportunity for the employee to improve. In the case where immediate termination is considered necessary, an employee shall be immediately terminated, with such action subject to the City's appeal process. Terminated employees shall be required to comply with Section D of the "Layoff Procedure."
An employee who is terminated will not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card; has cleared with the concerned department head the disposition of any clothing, tools, or other working materials that have been provided by the City; and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the termination date.
In the event of termination resulting from organizational changes, the employee shall receive at least a 14-calendar-day written notice and shall also have the rights established in the sections of this MOU entitled "Layoff Procedure" and "Disciplinary Action," as applicable. Termination may result from changes in duties or organization, abolition of position, or completion of work for which employment was made.
Newly appointed probationary employees are not subject to the provisions of this section and may be terminated without the right of appeal. Promoted employees not successfully completing the probationary period must be returned to their previously held City position without the right of appeal, but may not be terminated without the right of a hearing, as described under section entitled "Disciplinary Actions." Revised 2/11 Article 26 - Page 2 MCCEA
To the extent permitted by law, any employment-related actions or suits against the City must be brought by the employee within 6 months of the date he/she terminates employment.
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ARTICLE 27: REINSTATEMENT
An employee who terminates employment in good standing may be reinstated to a vacant position in the former job class within 1 year of the termination date without requalifying for employment by competitive examination. If the termination date is greater than 1 year, the employee may be required to qualify through competitive examination.
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ARTICLE 28: LAYOFF PROCEDURE
Whenever in the judgment of the City Council or City Manager it becomes necessary, due to the lack of work, lack of funds, or other economic reasons, or because the necessity for a position no longer exists, the City Council or City Manager may abolish any position or employment, and the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal. The City will notify Association representatives, within a reasonable period of time, of any potential layoffs or work furloughs in order that potential alternatives to layoffs or work furloughs may be discussed and evaluated. In addition, the following layoff procedures are intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the processing of layoffs.
A. The City shall give employees proposed for layoff not less than a 14-calendar-day advanced written notice of separation and the reason therefor. No regular full-time employee shall be separated under the layoff procedure from a department while emergency, seasonal, probationary, part-time, provisional, or temporary employees are employed and serving in the same classification in the department.
B. In each class within a department, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as recommended by the concerned department head and decided by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, the following criteria are the determining factors:
1. Employees within each classification shall be laid off based upon the last rating in the class, provided such rating has been on file at least 30 calendar days prior to layoff as follows: first, all employees having ratings of improvement needed; second, all employees having ratings of satisfactory; third, all employees having ratings of very good; fourth, all employees having ratings of outstanding.
2. Employees within each classification shall be laid off based upon valid indicators of ability to well serve the City, including but not limited to seniority, safety record on the job, amount of sick leave used during the immediate 2 past fiscal years, etc.
C. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color, marital status, national origin, pregnancy, religion, sex, age, citizenship, physical disability, mental disability, or sexual orientation.
D. An employee who is laid off shall not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card, and has Revised 2/11 Article 28 – Page 2 MCCEA
cleared with the concerned department head the disposition of any clothing, tools, or other working materials that have been provided by the City, and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the layoff termination date.
E. Employees shall not be terminated as a result of a layoff before they have been made a reasonable offer of reassignment if such offer is immediately possible.
F. An employee designated to be laid off may bump into any vacant position available in the same class elsewhere in the City. If no such position exists, the employee may bump into the next lower classification within the same department, provided that the employee has previously held regular status in such classification with the City, and provided that the employee notifies the City Manager in writing of the employee's intent to exercise the bumping rights at least 10 calendar days prior to the proposed layoff effective date; otherwise, bumping rights shall be waived and barred to the employee. Thereafter, an employee may bump into any previously held position in the City provided the conditions noted above are met. An employee who is bumped shall be laid off according to the procedures outlined in this section and shall be considered laid off for the same reason as the person bumping and shall in the same manner be eligible to bump to a position in a class within the City in which the employee formerly held a regular position. Employees who have bumped down to a lower class due to a reduction in force shall not be laid off from the lower class until all employees in the lower class, not previously affected by a layoff, have been laid off.
G. The intent of this paragraph is to avoid use of the layoff procedure by providing for voluntary transfers prior to layoffs. An employee in a classification in which a position has been designated for elimination may request a transfer to a vacant position in the same or a lower classification for which the employee is qualified.
Such transfer shall be subject to approval by the City Manager. In cases where the transfer was necessitated by said proposed job elimination, the service time in the position to which the employee has transferred shall be credited to service time in the position from which the employee transferred. The salary step and range assigned to the transferred employee shall be in accordance with this MOU (also see Article 24: Transfer, and Article 7: Compensation, Section 7.03. Salary Advancement).
H. The City Manager may approve the appointment of an employee who is to be laid off to an existing vacancy in a lower class for which the employee is qualified without requiring an examination, provided the concerned department head so recommends.
I. The names of regular employees who have been laid off or bumped down due to reduction in force shall be placed on an appropriate layoff reemployment list according to date separated or bumped down and shall be eligible for reemployment.
Revised 2/11 Article 28 – Page 3 MCCEA
The last employee laid off or bumped down shall be the first employee on the list, with other employees listed in sequential order thereafter. Each employee on the layoff reemployment list shall remain on that list for 1 year, at which time the list expires unless extended by the City Manager. Names of employees not responding to written notification of an opening within 10 working days shall be removed from the reemployment list. The City Manager can extend the active period of the reemployment list or individual employee's eligibility on such list for a 6-month period as determined to be in the best interests of the City.
J. Notice of recall from layoff shall be by return-receipt-requested mail and shall specify the date for reporting to work, which shall not be more than 21 calendar days from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and attempted delivery or delivery is certified by the Postal Service. Upon receiving notice, the person on layoff shall have 5 calendar days to accept or decline the recall opportunity. An employee who fails to respond within the 5 calendar days, refuses recall, or fails to report on the prescribed date within the 21-calendar-day maximum thereby waives all further right to recall and reinstatement as an employee. Where recall is declined, the City will proceed to the next name on the reemployment list and follow the same notice and response procedure. This process will continue through the list until recall needs are met on the list or the list is exhausted.
K. A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. The new probationary period in such circumstances shall be 6 months.
L. Reemployed employees shall receive the following:
1. Retention of full-time service seniority accrued at the date of layoff.
2. The salary for the classification in effect as of the date of return, at the same step as the date of layoff.
3. The accrual rate of vacation and sick leave in effect for the employee's seniority level and class at the time of rehire.
4. All the benefits or programs in effect at the time of layoff shall be forfeited unless they are still applied to the classification or salary range at the time of rehire or provided to new hires as of that date.
M. An employee who elects to resign in lieu of layoff, or while laid off, shall forfeit all rights to reemployment and is entitled only to those rights related to severance from City employment.
Revised 2/11 Article 29 – Page 1 MCCEA
ARTICLE 29: DISCIPLINARY ACTION
A. Disciplinary actions are construed to include but are not limited to dismissal, demotion, reduction in salary, suspension, reprimand, or warning. Causes for disciplinary action against any employee may include, but shall not be limited to, the following:
1. Insubordination
2. Dishonesty
3. Being Under the Influence of Intoxicants (Including Alcohol, Narcotics, or Controlled Substances) While on Duty or City Property
4. Unlawful Use of Narcotics or Drugs
5. Bringing Unauthorized Intoxicants (Including Alcohol, Narcotics, or Controlled Substances) into, and/or Consuming them in City Facilities, on City Property, and/or While on Duty
6. Discourteous Treatment of the Public and/or Other Employee(s)
7. Misuse or Abuse of City Property or Equipment
8. Violation of City or Departmental Policies, Ordinances, Rules, and Regulations
9. Neglect of Duty
10. Carelessness and/or Inattention to Duty
11. Failure to Prepare and/or Maintain Prescribed Records (e.g., Concealing, Misusing, Mutilating, Falsifying, or Removing)
12. Theft of City Property or Property of Others While on Duty or on City Property
13. Incompetency
14. Unexcused or Excessive Absences (Including Tardiness)
15. Conviction of a Felony or of a Misdemeanor Involving Moral Turpitude
16. Outside Employment Which is Incompatible With the Employee's Position and Which has not Been Specifically Authorized by the Concerned Department Head
Revised 2/11 Article 29 – Page 2 MCCEA
17. Other Acts Which are Incompatible With Service to the Public, Including Any Conduct or Behavior, Either On or Off Duty, Which Causes Discredit or Would Reasonably Tend to Cause Discredit to Fall Upon the City, its Officers, Agents, or Departments B. The City Manager, or concerned department head or other authorized person (depending on departmental regulations), may initiate disciplinary action against any employee supervised. The normal procedure for disciplining an employee shall progress in the following order:
1. Warning
Telling an employee that, unless the employee's behavior or productivity improves, disciplinary action will be taken. The warning may be given in a private interview. A record of each official warning will be kept by the department.
2. Reprimand
A formal record of an interview with an employee who has been informed that more serious disciplinary action will be taken unless there is immediate and permanent improvement in the employee's productivity and/or behavior. A copy of this record of reprimand must be given to the employee, a copy retained by the department, and a copy sent to the City Manager Department for inclusion in the employee's official personnel file.
3. Suspension
The temporary separation of an employee from City service without pay. The employee must be interviewed by the concerned
department head or designated representative and served with a written notice of suspension. A copy of the suspension notice should be retained by the department and a copy sent promptly to the City Manager Department for inclusion in the employee's official personnel file. The City Manager shall also be notified of any suspension.
4. Salary Reduction
A reduction in pay from one step to another, which is not below the minimum rate established for the position by the salary plan. A copy of the notice of reduction shall be sent promptly to the City Manager Department for inclusion in the employee's official personnel file.
Revised 2/11 Article 29 – Page 3 MCCEA
5. Demotion
A reduction from one class to another class for which a lower maximum rate of compensation is established. The employee must be interviewed by the concerned department head or designated representative and served with a written notice of demotion. A copy of the notice of demotion shall be sent promptly to the City Manager Department for inclusion in the employee's official personnel file.
6. Dismissal
The termination of a regular employee from employment. A copy of the notice of dismissal shall be sent promptly to the City Manager Department for inclusion in the employee's official personnel file.
This procedure will afford due-process-of-law protection to the employee. One or several of these steps may be eliminated from the disciplinary process, depending upon circumstances and the severity of the act that warrants discipline.
C. Notification of Proposed Disciplinary Action
A regular employee against whom disciplinary action, other than a warning or reprimand, is instituted shall be given written notice at least 7 calendar days prior to the effective date of the action informing the employee of the intended action, the ground or grounds therefore, the employee's acts or omissions that form the basis for the cause(s), and of the right to respond within 7 calendar days to the concerned department head orally or in writing prior to the intended effective date of the action.
Any documents or materials giving rise to the action will be identified in the notice, if voluminous, and made available for the employee's inspection upon the employee's request, or copies thereof will be provided with notice when there are only a few.
After the notice and the employee's timely response, if any, the concerned department head shall implement, modify, or not implement such action as the concerned department head deems appropriate, and shall so notify the employee.
Except under extraordinary circumstances requiring immediate removal (e.g., imminent threat to health or safety of the employee, other employees, or the public), and in the case of reprimands and suspensions without pay of 40 hours or less, such discipline may not be implemented prior to fully affording the employee the foregoing notice and opportunity to respond procedure.
D. Right of Appeal
Employees shall have the right to appeal a disciplinary action taken under this section, except for warnings. There is no right of appeal for a warning. Such appeal must be submitted to the City Manager within 10 calendar days of the employee's receipt of the department head's written disciplinary action determination, as Revised 2/11 Article 29 – Page 4 MCCEA
provided in item C. Notification of Disciplinary Action/Predisciplinary Review (Skelly Rights), above.
Appeals shall be processed in accordance with the grievance procedure specified in Article 30 (i.e., Article 30: Complaint/Grievance Procedures, D.3.c.); provided, however, that appeals of reprimands may be processed only so far as the City Manager (i.e., through Article 30: Complaint/Grievance Procedures, D.3.d.). In the case of suspensions of 41 hours or more, reductions in pay, demotions, and dismissals, the appeal shall be filed directly at the City Manager level of the grievance procedure (i.e., Article 30: Complaint/Grievance Procedures, D.3.c.).
Revised 2/11 Article 30 - Page 1 MCCEA
ARTICLE 30: COMPLAINT/GRIEVANCE PROCEDURES
A. Statement of Purpose
1. To promote improved employer-employee relationships.
2. To afford employees a systematic means of obtaining expeditious resolution of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that the grievance procedure shall be as informal as possible.
B. Definitions
1. Days
Calendar days unless otherwise stated.
2. Employee
Any regular, full-time person employed by the City, except those persons elected by popular vote.
3. Representative
A person who at the request of the employee or supervisor is invited to participate in the grievance conferences.
C. Complaint Procedure
1. A complaint is an allegation or charge by an employee that a wrong has been committed.
2. Steps in Procedure
a. An employee who has a complaint should first try to resolve it through discussion with the employee's immediate supervisor without undue delay, but in no event later than 15 calendar days after the wrong has been committed.
b. If the action taken by his/her supervisor does not satisfy the employee, the employee may take his/her complaint to successive levels of Revised 2/11 Article 30 - Page 2 MCCEA
supervision within the applicable department up to and including the City Manager.
D. Grievance Procedure
1. A grievance is a formal written allegation by an employee that the employee has been adversely affected by a violation of a specific provision(s) of this MOU. Actions to challenge or change the policies of the City as set forth in the rules and regulations or administrative regulations and procedures, so long as these are consistent with the terms of the MOU, must be undertaken under separate legal processes. Other matters for which a specified method of review is provided by law are not within the scope of this procedure.
2. Informal Meeting
An employee who has a grievance should first try to resolve it through discussion with his/her immediate supervisor. Such discussion shall occur as soon as possible, but in no event later than 15 calendar days after the occurrence of the act or omission giving rise to the grievance.
3. Formal Steps
a. If the grievance is not resolved at the informal level (see above) the employee may submit the grievance, in writing, to the concerned department head within 10 calendar days after the meeting with the supervisor. The grievance shall include the specific section(s) of the MOU alleged to have been violated, a clear, concise statement of the nature of the grievance, and the remedy sought.
b. The concerned department head or designee shall, within 10 calendar days of receipt of the grievance, provide the employee with an opportunity to discuss the grievance. The concerned department head or designee shall render a determination within 10 calendar days after receiving the appeal, or if a meeting is held with the grievant, within 10 calendar days after the date of such meeting.
c. In the event the grievance is not resolved at the concerned department head level, the employee may submit an appeal to the City Manager within 10 calendar days following receipt of the concerned department head's determination.
d. The City Manager or designee shall provide the employee with an opportunity to discuss the grievance within 10 calendar days of receipt of the appeal. The City Manager or designee shall render a determination within 10 calendar days after receiving the appeal, or if a meeting is held with the grievant, within 10 calendar days after the date of such meeting.
Revised 2/11 Article 30 - Page 3 MCCEA
If the employee does not agree with the decision reached, the employee may appeal such decision in writing. The appeal shall be served (submitted to the City Clerk) or mailed (return receipt requested) to the City Council. Failure of the employee to take further action within 10 calendar days after receipt of the City Manager decision will constitute withdrawal of the grievance.
4. City Council Review
Upon receiving the appeal, the City Council shall schedule a hearing with the employee at a regular, adjourned, or special meeting of the City Council.
Following the conclusion of the hearing, and not later than the second regularly scheduled meeting thereafter, the City Council shall render its decision. The City Council's decision shall be final.
E. General Provisions
1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
2. The employee or the reviewer may request the assistance of another person (i.e., a representative of the employee's or reviewer's own choosing) at any level of review. Each party must be so notified if such is the case.
3. The employee and the employee's representative may be privileged to use a reasonable amount of work time, as determined by the concerned department head, in preparing and conferring about the appeal.
4. The employee shall have the right to be present at all formal discussions outlined in this procedure.
5. Throughout the grievance procedure, the employee shall be given at least 2 working days' notice of any meeting requiring the employee's appearance.
This provision may be waived by mutual agreement.
6. All communications, notices, and papers required to be in writing shall be served personally or by United States mail (return receipt requested), as specified in the foregoing procedures.
7. Any grievance should be treated as confidential information by all parties concerned until after the final decision has been rendered.
8. Employees shall be assured freedom from reprisal for using the grievance procedure.
Revised 2/11 Article 30 - Page 4 MCCEA
9. In order to strengthen the efficiency and effectiveness of the formal grievance process and to promote the principles of Section A (2), the parties may consolidate or group grievances for the purposes of processing through the formal grievance procedures provided the grievances are reasonably similar with respect to general nature, alleged violations, and alternative remedies.
Prior to determining the appropriateness of consolidating grievances, consideration shall be given to the confidentiality of the parties involved in the interest of reasonably protecting information of a personal nature.
10. Failure by the employee (or Association, as applicable) to meet any of the time lines specified herein shall constitute a withdrawal of the grievance.
11. Any member of the unit may at any time present grievances to the City and have such grievances adjusted without the intervention of the Association, as long as the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.
Revised 9/22 Article 31 - Page 1 MCCEA
ARTICLE 31: AWARD PROGRAMS
Section 31.01. Employee Suggestion Awards Program
A. Purpose
The Suggestion Awards Program is designed to encourage employee participation in improving the efficiency and effectiveness of their job and City operations. It is intended to motivate employees toward problem identification and to stimulate creativity in problem solving. The program provides a means to communicate the high value City management places on constructive ideas, through recognition and reward.
B. Evaluation Procedure
1. All suggestions submitted will be acknowledged by memo to the suggester from the concerned department head.
2. Suggestions shall be subject to the following rules and regulations:
a. Suggestions must be submitted in writing on approved forms. b. Suggestions must be signed and dated by the person(s) submitting.
c. No suggestion will receive consideration if it is submitted more than 30 calendar days after its date of adoption.
3. In order for a suggestion to become eligible for a monetary award, it should generally result in the improvement of equipment or practices through new or revised methods. Such changes should be of a nature as to result in one or more of the following:
a. Savings in time or materials.
b. Improvements in procedures, tools, or equipment.
c. Increased efficiency.
d. Elimination of hazards to personnel.
e. Improvements in working conditions.
f. Improvements in public relations.
g. Improvements in public service without increased costs.
Revised 9/22 Article 31 - Page 2 MCCEA
4. Any suggestion which falls within any of the following categories shall not be eligible for a monetary award, but if approved by the City Manager on the recommendation of the concerned department head is eligible for an award of commendation.
a. Any idea that does not pertain to Montclair City Government. b. A solution to any problem that falls within the scope of an officially assigned task or responsibility.
c. Any suggestion which in the opinion of the concerned department head duplicates or is very similar to any suggestion received previously. d. Any suggestion for a change that was already under consideration prior to the receipt of the suggestion.
e. Any suggestion that fails to offer a constructive solution to any problem. f. A request for obvious replacement, repairs, or maintenance of equipment. g. Petitions or anonymous suggestions.
C. Determination of Awards
1. Suggestion awards, whether monetary or awards of commendation, shall be based upon the recommendation of the concerned department head(s) to the City Manager. The City Manager has final approval of all awards.
2. Suggestion awards shall be granted on the following scale:
a. Solutions to significant problems with limited applications - $10 to $25.
b. Solutions to major problems with limited application or significant problems with broad application - $25 to $50. c. Solutions to major problems with broad application - $75 to $100.
d. Certificates of commendation in lieu of monetary award may be issued for any suggestion which may be adopted.
3. Many suggestions will involve substantial expenditures and cannot be considered except in the context of annual budget preparation. If this is the determination of the concerned department head(s), the suggester will be notified and that suggestion will be placed in a pending status for consideration Revised 9/22 Article 31 - Page 3 MCCEA
during budget preparation. The value of the suggestion will be evaluated by the concerned department head(s) within a 3-month period following adoption of the preliminary budget.
D. Additional Rules and Regulations
1. Any full-time or part-time employee of the City, except those classified as management employees, is eligible for full consideration under the Suggestion Awards Program.
2. The following must be submitted with each suggestion to make its evaluation easier:
a. Clear and complete explanation of the benefit.
b. Evaluation of all consequences of the adoption of the suggestion, both beneficial and negative.
c. As specific an estimation of savings as possible.
d. Specific explanation of all costs to implement the suggestion with explanation of offset savings.
3. All suggestions are to be reviewed by the concerned department head(s) within 30 calendar days after submission. If it is apparent a determination of application cannot be made within 30 calendar days, the suggester will be notified by memo. All pending suggestions will be reviewed by executive staff on a quarterly basis.
E. Benefits of the Employee Suggestion Awards Program
1. Employee Benefits
The Suggestion Awards Program permits the employee to contribute to the improvement of City functions, operations, and safety. In addition to monetary awards, employees also gain recognition from coworkers and management for their creative efforts. Even nonacceptance of a suggestion can be beneficial if the employee is given sound reasons for the nonacceptance.
2. Management Benefits
Management realizes that responsibility and leadership regarding work method improvements and economies are being fulfilled when employees are encouraged to develop their creative abilities. Accepted suggestions have the immediate and tangible benefits of improving the morale and operating efficiency of departments and of making the work easier and safer.
Revised 9/22 Article 31 - Page 4 MCCEA
3. Benefits to City of Montclair
The suggestion system provides a means whereby employees and management work toward a common objective—to provide better service at a lower cost.
Section 31.02. Employee Service Awards Program
The City provides a service award program for its employees to honor their continuous service to the City and the community and to recognize their meritorious service. Under this program, employees receive an award for each 5 years of completed continuous service. In order for an employee to be eligible to receive a service award, and except as otherwise established in this section, the employee must be a full-time regular employee with the City on the employee's anniversary date. The anniversary date is generally defined as the anniversary of the employee's date of appointment as a regular, full-time employee with the City.
Effective July 1, 2022, the City shall amend the Employee Service Awards Program as indicated in the following table. A service award is presented to the employee for each 5 years of completed service to the City. To be eligible for the specified service award, and except as otherwise provided for in this section, an employee must have completed the 5 years of full-time, continuous service with the City that are contiguous to and immediately precede his/her anniversary date.
Years of Service Award
5 $1,000
10 $1,500
15 $2,000
20 $2,500
25 $3,000
30 $3,000
Years of Service Award
35 $3,000
40 $3,500
Revised 9/22 Article 31 - Page 5 MCCEA
Eligible employees must have received "meets standards" or higher for all rating categories in each annual performance evaluation issued during the eligibility period. An employee receiving less than "meets standards" ratings shall have his/her eligible anniversary date changed by adding an additional year for each performance evaluation issued during the eligibility period in which 1 or more ratings appear that were below "meets standards." The anniversary date of an employee shall not be changed for failure of the supervisor to issue a performance evaluation for a rating period. In the absence of any one of the evaluations due during the eligibility period, the City Manager or his designee shall conclude that "meets standards" would have applied for each rating category.
The City shall include an eligible employee's service award on a payroll in the month following his/her anniversary date, or as soon as practical thereafter.
An employee leaving full-time City employment, for whatever reason, prior to his/her eligible anniversary date shall be ineligible to receive the service award.
An employee leaving full-time City employment prior to his/her eligibility for a service award, for whatever reason, and returning after an absence of 30 days or more, but no more than 365 consecutive days, shall have his/her anniversary date permanently changed to reflect the number of days of absence plus 1 year. A person returning to City employment after an absence of more than 365 consecutive days shall be required to wait a minimum of 5 years from the date of rehire before service award eligibility is reestablished. Except as may otherwise be impacted by performance evaluations and other relevant provisions of this MOU, the date of rehire shall be established as the base for determining the employee's anniversary date.
An employee placed off work for 30 days or more for disciplinary action (unless such disciplinary action is reversed on appeal) or leave without pay shall, for the purposes of this program, have his/her anniversary date permanently changed to reflect the number of days of absence.
An employee off work for LTD, Labor Code Section 4850 time, or any leave of absence where the employee's performance evaluation is delayed or otherwise cannot be issued pursuant to this MOU, including Article 25: Performance Appraisal, shall, for the purposes of this program, have his/her anniversary date permanently changed to reflect the number of days of absence.
Part-time employees are not eligible for participation in the Employee Service Awards Program. In the event that a part-time employee becomes full-time, his/her part-time service shall not count toward full-time service under the meaning and terms of the Employee Service Awards Program.
The City's Employee Service Awards Program is not a longevity program. It is based on recognition of satisfactory service for the eligibility period. Monetary awards made under this program are subject to taxation and are not PERSable.
Revised 2/11 Article 32 - Page 1 MCCEA
ARTICLE 32: WORK DISRUPTION
It is agreed and understood that there will be no strike, work stoppage, slow-down, refusal, or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this MOU, including compliance with the request of other labor organizations to engage in such activity.
The Association recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operation of the City or its agents by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cease such employee action.
It is agreed and understood that any employee violating this Article may be subject to discipline up to and including termination. It is understood that if an employee and/or the Association violate the terms of this Article, the City shall be entitled, consistent with applicable law, and in addition to any other legal remedies available, to withdraw any rights, privileges, or services provided for in this MOU or in City rules from any employee and/or the Association (if the employee and/or the Association violate the terms of this MOU). It is agreed that no lockout of employees shall be instituted by the City during the term of this MOU, unless such work disruptions occur.
Revised 2/11 Article 33 - Page 1 MCCEA
ARTICLE 33: OUTSIDE EMPLOYMENT
A. Policy
A City employee shall not engage in any employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with his/her duties, functions, or responsibilities as a City employee.
B. Authorization
1. Any officer or employee wishing to engage in any occupation or outside activity for compensation shall inform the concerned department head of such desire, providing information as to the time required and the nature of such activity, and such other information as may be required. The concerned department head shall determine whether or not such activity is compatible with the employee's City employment.
2. If the concerned department head determines such activity is compatible he/she may authorize the activity, in writing, with a copy to the Personnel Officer.
3. Said authorization shall be valid only for the work and period prescribed herein.
C. Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the concerned department head shall consider among other pertinent factors whether the activity:
1. Involves the use (for private gain or advantage) of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one's City office or employment; or
2. Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his City employment or as a part of his duties as a City employee; or
3. Involves the performance of any act in other than his/her capacity as a City officer or employee which act may later be subject directly or indirectly to the control, inspection review, audit, or enforcement by such officer or employee or the department by which he/she is employed; or
Revised 2/11 Article 33 - Page 2 MCCEA
4. Involves conditions or factors which would probably directly or indirectly lessen the efficiency of the employee in his/her regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee.
D. Revocation
Permission for outside employment may be for any length of time deemed appropriate by the concerned department head and included in the written authorization (also see B.2. above). All authorizations are subject to revocation by the concerned department head, City Manager, or City Council.
E. Use of City Equipment Prohibited
1. No City-owned equipment, vehicles, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by any officer or employee while said officer or employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior written approval of the City Manager.
2. No officer or employee shall allow any unauthorized person to rent, borrow, or use any of the items mentioned in E.1. above, except upon prior written approval of the City Manager.
F. Violations and Penalties
Any violation of the provisions of this Article, shall constitute sufficient grounds for disciplinary action, up to and including dismissal.
Revised 2/11 Article 34 - Page 1 MCCEA
ARTICLE 34: POLITICAL ACTIVITIES
No employee shall solicit political campaign funds or campaign for or advocate the election or nonelection of any political cause, measure, or candidate for national, state, county, or local office while on City time, during working hours, or in a City uniform whether on or off duty. Employees shall not disseminate political material of any kind while on duty, during work hours, or in a City uniform whether on or off duty.
Revised 2/11 Article 35 - Page 1 MCCEA
ARTICLE 35: SEEKING NEW EMPLOYMENT
The City encourages individual initiative and does not wish to stand in the way of an employee applying for a position of advancement elsewhere. By applying for such a position, an employee in no way impairs job security in Montclair. However, job-hunting activities shall not interfere with an individual's City duties; time off for interviews will be charged against the individual.
Revised 2/11 Article 36 – Page 1 MCCEA
ARTICLE 36: HARASSMENT IN EMPLOYMENT POLICY
A. Policy Statement
All employees are to be treated with respect and dignity. Harassment of an applicant or employee by a supervisor, manager, or coworker on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age will not be tolerated.
This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leaves of absence, compensation, and training.
Disciplinary action up to and including termination will be instituted for behavior described in the following definition of harassment.
Any retaliation against a person for filing a harassment charge, making a harassment complaint, or otherwise being involved in a harassment investigation is prohibited.
Employees found to be retaliating against another employee shall be subject to disciplinary action up to and including termination.
B. Definitions
Harassment includes, but is not limited to:
1. Verbal Harassment
Epithets, or derogatory comments or slurs on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age. This includes inappropriate sexoriented comments on one's appearance, including dress or physical features, or race-oriented stories and jokes.
2. Physical Harassment
Assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age.
This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to sexual acts.
Revised 2/11 Article 36 – Page 2 MCCEA
3. Visual Forms of Harassment
Derogatory posters, cartoons, or drawings related to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age.
4. Sexual Harassment
Unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature where the following exist:
a. Submission is made an explicit or implicit term or
condition of employment;
b. The submission to or rejection of the conduct is used as the basis for employment decision(s); or
c. When the conduct is intended to or actually does,
unreasonably interfere with an individual's work
performance, or creates an intimidating, hostile, or
offensive working environment.
Even though one incident of any of the conduct described above may not necessarily constitute a violation of state or federal law, one incident alone may constitute a violation of this policy.
C. Complaint Procedures
1. An employee who believes he/she has been harassed may make a complaint orally or in writing with any of the following:
a. Immediate supervisor;
b. Concerned department head;
c. Personnel Officer; or
d. City Manager.
2. Any supervisor or department head who receives a harassment complaint, observes or otherwise learns of harassing behavior in the workplace, should notify the Personnel Officer promptly.
3. Upon receiving notification of a harassment complaint, the Personnel Officer or designee will notify the complaining employee of his/her rights and the Revised 2/11 Article 36 – Page 3 MCCEA
procedures available to redress any violation of the employee's rights to be free from harassment. The Personnel Officer or designee will conduct an investigation which shall include, but will not necessarily be limited to, the following:
a. Interviews with the complainant, the accused harasser, and any other persons the investigator has reason to believe have relevant knowledge concerning the complaint.
b. Review of the factual information gathered during the investigation to determine whether the alleged conduct
occurred and whether such conduct constitutes harassment under this policy based on the totality of the circumstances, including the nature of the verbal, physical, visual, or sexual conduct, and the context in which the alleged incident(s) occurred.
c. Preparation of a written report setting forth the results of the investigation and the determination of whether or not
harassment occurred. The results shall be reported to the appropriate persons, including the complainant, the alleged harasser, the supervisor, and the concerned department head.
If discipline is imposed, the type of discipline will not be communicated to the complainant.
d. The City will make its best effort to protect the privacy of all individuals who are interviewed or consulted during the investigation process.
4. External Complaint Procedure
If an employee believes that he/she has been harassed as defined above, the employee may pursue a claim against the City with the Department of Fair Employment and Housing (DFEH) and the Fair Employment and Housing Commission (FEHC). The DFEH is the state administrative agency with jurisdiction to investigate and prosecute complaints of harassment. The FEHC is the state administrative agency with jurisdiction to adjudicate claims of harassment. The complaint procedures for these agencies are as follow:
a. The employee must contact one of several DFEH district offices in person, by telephone, or in writing to schedule an intake interview.
b. A DFEH consultant will conduct the interview and decide whether to accept the complaint. If the DFEH accepts the Revised 2/11 Article 36 – Page 4 MCCEA
complaint he/she will draft the complaint and send it to the employee for verification and signature.
c. The DFEH will then file the complaint and serve it on the employer. The complaint must be filed within 1 year of the alleged act of harassment. The DFEH will then request a response to the employee's allegations and answers to specific questions from the employer.
d. The DFEH will then decide whether to close the case, attempt settlement, or proceed with investigating the allegations. e. If the DFEH investigates and determines that the claim has no merit, it will close the case and issue a right-to-sue letter to the employee.
f. If the DFEH finds that there is merit and no settlement can be reached, it will issue an accusation which initiates the administrative proceeding before the Fair Employment and Housing Commission (FEHC).
g. At any time after the complaint is filed, the employee may request a right-to-sue letter.
5. Legal Remedies Available Through the FEHC
If the FEHC finds that the employer engaged in unlawful harassment under the FEHA, it must state its findings of fact and determination. The FEHC must also issue and serve a cease and desist order on the employer.
The FEHC is authorized to provide the following types of relief to an aggrieved employee:
a. The hiring, reinstatement, or upgrading of employees, with or without back pay.
b. The payment of actual damages, as may be available in FEHA civil actions.
c. Affirmative or prospective relief to prevent the recurrence of the harassment.
d. A report to the FEHC regarding the manner of compliance with the FEHC's order.
e. Administrative fine.
Revised 2/11 Article 36 – Page 5 MCCEA
6. How to Contact the DFEH
An employee may contact the DFEH by telephone at 1-800-884-1684.
D. Remedial Action
1. If harassment occurred, prompt and effective remedial action shall be taken against the harasser. The action taken shall be commensurate with the severity of the offense.
2. Reasonable steps shall be taken to protect the complainant from further harassment.
3. Reasonable steps shall be taken to protect the complainant from retaliation as a result of communicating the complaint.
4. If appropriate, action shall be taken to remedy the victim's loss, if any, which resulted from the harassment.
E. Other Provisions
1. Dissemination of Policy - All supervisors and Personnel Officer will take such steps as are necessary to make the policy against harassment and the procedures available for remedying any harassment known to all employees and regularly communicated to them.
2. If an employee who feels that he or she has been the victim of harassment is not satisfied with the results of the procedure outlined in subsections C and D above, he or she can institute the formal grievance procedure. The time limits specified in the formal grievance procedure will begin as of the date of notification to the complaining employee at the conclusion of the investigation or of final action taken.
3. The City's designated Equal Employment Opportunities/Affirmative Action Officer is City Manager Starr. If there are any questions regarding this policy, please contact City Manager Starr (909/625-9405) or Personnel Officer Charleston (909/625-9406).
Revised 2/11 Article 37 – Page 1 MCCEA
ARTICLE 37: CREDIT UNION
Membership in a City-approved credit union is available to all employees. Repayment of loans or the establishment of a savings plan can be accomplished through automatic payroll deductions with payment to the credit union. Additional information concerning payroll deductions may be obtained from the Administrative Services Department.
Revised 2/11 Article 38 - Page 1 MCCEA
ARTICLE 38: NEPOTISM, MARITAL STATUS, AND DATING POLICY A. No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of marital status or relationship to another employee or official of the City. For the purpose of this Article, marital status is defined as an individual's state of marriage, nonmarriage, divorce or dissolution, separation, widowhood, annulment, or other marital state. For the purpose of this Article, a relative shall be defined as a member of the immediate family. Immediate family is defined to mean spouse, domestic partner, children, parents, brothers, sisters, grandparents, grandchildren of the employee, and the corresponding relationships by affinity.
B. Notwithstanding the above provisions, the City retains the right:
1. To refuse to place one party to a relationship under the direct or indirect supervision of the other party to a relationship. It is the Police Department's policy to refuse to place one party to a relationship under the "direct" supervision of the other party to a relationship.
2. To refuse to place both parties to a relationship in the same department, division, or facility where there is a potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interest.
3. To disqualify one party to a relationship for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information.
C. For purposes of this Article, "relationship" shall refer to both marital status and relative, as defined in item "A" above.
Revised 2/11 Article 39 – Page 1 MCCEA
ARTICLE 39: DOMESTIC PARTNER
Pursuant to federal and/or state law, and where necessary to implement the rights of domestic partners under such laws, gender-specific terms referring to spouses, children, and/or family members of married members as referenced in MOUs, employee agreements, policies, provisions, and procedures of the City related to City employees and their family members shall be construed to include domestic partners.
To establish a domestic partnership, the following criteria must be met:
1. Both persons share a common residence.
2. Both persons agree to be jointly responsible for each other's basic living expenses incurred during the domestic partnership.
3. Neither person is married or a member of another domestic partnership.
4. The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
5. Both persons are at least 18 years of age.
6. Either of the following:
a. Both persons are members of the same sex.
b. One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C.
Section 1381 for aged individuals. Notwithstanding any
other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62.
7. Both persons are capable of consenting to the domestic partnership.
8. Neither person has previously filed a Declaration of Domestic Partnership with the Secretary of State pursuant to this section that has not been terminated under Section 299.
9. Both file a Declaration of Domestic Partnership with the Secretary of State pursuant to this section.
The City is prohibited from requiring proof of Declaration of Domestic Partnership for benefits eligibility if proof of Marriage Certificate/License for benefits eligibility is not required.
Revised 2/11 Article 40 – Page 1 MCCEA
ARTICLE 40: LACTATION ACCOMMODATION
When a female employee returns from pregnancy leave, the City will provide a reasonable amount of break time to accommodate the employee desiring to express breast milk for her infant child. Any time required to express breast milk beyond the employee's normal break time is unpaid; the City may, with prior approval from employee's supervisor, allow the use of paid leave time to allow the female employee additional time beyond her normal break time to express milk. The City will also make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private (also see Section 14.04. Pregnancy Leave).
Revised 2/14 Article 41 - Page 1 MCCEA
ARTICLE 41: ORGANIZATIONAL FRAMEWORK
Section 41.01. Personnel System
The City Council has, by Ordinance No. 114, delegated responsibility to the City Manager for the administration of the personnel system of the City. In accordance with this responsibility, the City Manager is responsible for the implementation and maintenance of the City's policies. The City Manager may, however, delegate responsibility for the day-to-day administration of the personnel system to the Director of Administrative Services and/or City department heads.
Section 41.02. Personnel Committee
The Personnel Committee shall include two members of the City Council and the City Manager. By City Council policy, this Committee shall review actions of the City Manager and department heads in administering the City's personnel system—such as hiring, promotions, merit increases, layoffs, etc. In the day-to-day management of the personnel system, however, the decision of the City Manager is final until such decision has been approved by the Personnel Committee or successfully appealed through the City's grievance procedure.
Section 41.03. Employer-Employee Relations
Employer-employee relations in the City shall be governed by Chapter 10, Division 4, Title 1, of the Government Code of the State of California (Myers, Milias, Brown Act), as enacted by Resolution No. 761 and the Rules and Regulations to implement EmployerEmployee Relations Resolution No. 761, adopted by the City Council of the City on November 3, 1969. Under the terms of this resolution, employees shall have the right to form, join, and participate in the activities of employee organizations, with the right 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 also have the right to refuse to join or participate in the activities of employee organizations.
The City Manager or designated representative(s) shall represent the City and meet and confer, in good faith, with recognized employee organizations regarding matters within the scope of representation. These and all other matters of employer-employee relations that fall within the scope of Resolution No. 761 and employee representation shall be governed by the procedures set forth in this resolution.
Section 41.04. Confidential Employees
In compliance with Resolution No. 761, the City Manager and the City Council have designated the following positions as falling within the scope and meaning of "confidential employee": Accountant, Accounting Specialist, Administrative Aide, Administrative Analyst, Administrative Secretary, Administrative Specialist, Benefits Coordinator, Customer Service Representative/Office Specialist, Deputy City Clerk, Economic Revised 2/14 Article 41 - Page 2 MCCEA
Development Coordinator, Finance Supervisor, GIS Specialist, Housing Associate, Information Technology Specialist, Information Technology Supervisor, Information Technology Technician, Junior Accountant, Law Enforcement Systems Supervisor, Personnel Services Coordinator, Police Dispatch Supervisor, Police Services Supervisor, Public Safety Administrative Services Supervisor, Senior Accountant, Senior Information Technology Specialist, Systems Specialist, and Secretary to the Executive Director of Public Safety. Other positions may be designated as "confidential" from time-to-time, as deemed appropriate by the City Manager and City Council.
Section 41.05. Affirmative Action/Equal Opportunity Policy A. City Council Policy Statement
The Montclair City Council is committed to the concept of equal opportunity employment as a necessary element of the City's merit system principle. This commitment will be supported by positive efforts to ensure equal employment opportunity for protected classes in both recurring City employment and in promotional opportunities at all job levels. These objectives are realized by the implementation of an affirmative action/equal opportunity program.
B. Implementation of Plan
The plan is implemented as follows:
In accordance with the City's personnel policy, the City Manager has delegated the responsibility for the day-to-day administration of the personnel system to the Director of Administrative Services. Therefore, implementation responsibility of the City's affirmative action/equal opportunity program is hereby assigned to the Director of Administrative Services. It shall be the responsibility of the Director of Administrative Services to assume the duties of Affirmative Action Officer for the City.
The Affirmative Action Officer shall provide for effective communication and implementation of the requirements of this plan with department heads. The plan will be implemented consistent with federal requirements and guidelines. It shall be the Affirmative Action Officer's responsibility to monitor the implementation and progress of this plan and report compliance, success, or deficiencies to the City Manager on an annual basis.
The affirmative action/equal opportunity program does not mean the City will accept employees who do not perform satisfactorily. It will be expected that any new employees hired will progress to full qualifications within the probationary period. If this is not the case, the employees will be subject to discipline.
Revised 2/14 Article 41 - Page 3 MCCEA
Selection, employment, and promotion in the City will continue to be based upon such factors as individual performance, ability, aptitude for the position applied for, experience, training, education, character, personality, and physical fitness. The affirmative action/equal opportunity program clearly manifests the intent of this City as an employer to obey all federal employment laws, and guarantee an equal opportunity for employment to all people.
The entire Affirmative Action Policy, adopted by the City Council on June 2, 1975, is on file in the City Manager Department.
Section 41.06. Disabled/Handicapped Nondiscrimination Policy A. It is the policy of the City that no qualified handicapped/disabled individual shall, solely by reason of his/her handicap/disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any program, activity, or employment opportunity offered by the City.
A "qualified handicapped individual" is defined as a handicapped/disabled person who, with or without a reasonable accommodation, can perform the essential functions of the job in question.
An individual with a disability is any person who has a physical or mental impairment that substantially limits the ability to perform a major life activity; for example, to care for oneself, perform manual tasks, walk, see, hear, speak, breathe, learn, or work; has a record of such an impairment; or is regarded as having such an impairment.
The judgment of whether any given person is "substantially limited" depends upon the nature and severity of that person's disabling condition. Temporary disabilities (e.g., a broken limb or temporary illness) are not "substantially limiting" within the concept of a disabling condition.
Physical or mental impairments that fall within discrimination prohibitions include:
1. Any physiological disorder or condition; cosmetic disfigurement or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic, and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
3. Such diseases and conditions as orthopedic, visual, speech, hearing, cerebral palsy, epilepsy, muscular dystrophy, multiple Revised 2/14 Article 41 - Page 4 MCCEA
sclerosis, cancer, heart disease, diabetes, emotional illness, drug addiction, and alcoholism.
B. The City shall make all decisions concerning employment in a manner which ensures that discrimination on the basis of handicap/disability status does not occur or limit, segregate, and classify applicants or employees in any way that adversely affects their opportunities or status because of handicap/disability. Specifically, the City does not discriminate against qualified handicapped/ disabled individuals in the following activities:
1. Recruiting, advertising, and the processing of applications for employment.
2. Hiring, upgrading, promoting, award of tenure, demoting, transfer, layoff, terminating, right of return from layoff, and rehiring.
3. Setting rates of pay or any other forms of compensation, and changes in compensation.
4. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.
5. Granting leaves of absence, sick leave, or any other leave.
6. Providing fringe benefits available by virtue of employment.
7. Selection and financial support for training, meetings, conferences, and other related activities.
8. Employer-sponsored activities.
9. Any other term or condition of employment.
C. The City shall make reasonable accommodation to the known physical or mental limitations of a qualified handicapped applicant or employee, unless the accommodation would impose an undue financial hardship, or would impose severe restrictions on affected programs, activities, or operations. Reasonable accommodations may include but are not limited to the following:
1. Making facilities used by employees readily accessible to and usable by handicapped/disabled persons; and
2. Job restructuring, part-time or modified-work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices (e.g., telecommunication devices), or the provision of readers or qualified sign language interpreters.
Revised 2/14 Article 41 - Page 5 MCCEA
Accommodations shall be made in consultation with the
handicapped/disabled individual.
The determination of whether an accommodation would impose an undue hardship on the operation of City programs or activities shall be made on a case-by-case basis, upon consideration of the following factors:
1. The overall size of the City government with respect to number of employees, number and type of facilities, and size of budget;
2. The type, composition, and structure of the specific program or activity and the structure of the work force; and
3. The nature and cost of the accommodation needed.
D. The City does not use any employment test, selection criterion, or policy that screens out, or tends to screen out from consideration for employment, a handicapped/disabled individual, unless:
1. The test, selection criterion, or policy is shown to be directly related to the essential functions of the position in question; or
2. Alternative job-related tests, criteria, or policies that do not screen out, or tend to screen out, handicapped/disabled individuals are shown not to be available.
The City shall select and administer tests using procedures that accommodate the special problems of disabled individuals (e.g., auxiliary aids such as readers or qualified sign language interpreters). The test results shall not reflect the applicant's or employee's impaired sensory, manual, or speaking skills, except where such skills are essential requirements of the job.
E. The City shall not conduct a preemployment medical examination or make a preemployment inquiry of an applicant as to whether the applicant is a handicapped/disabled individual or as to the nature or the severity of the handicap/disability. The City may, however, make a preemployment inquiry into an applicant's ability to perform the essential functions of the job.
The City may condition an offer of employment on the results of a medical examination conducted prior to the prospective employee's entrance on duty, provided that:
1. All entering employees are subjected to such an examination; and Revised 2/14 Article 41 - Page 6 MCCEA
2. The results of the examination are not used as a means of discrimination against a qualified individual with a
handicap/disability.
In addition to the above policy, the City will comply with the Americans with Disabilities Act (ADA) and all other federal and state requirements.
Section 41.07. Communicable Disease Policy
A. The City does not discriminate in its employment policies on the basis of exposure to contagious disease or infection, or the physical conditions produced by such disease or infection. Montclair is committed to a course of action which will prevent the spread of infectious diseases, including the Acquired Immune Deficiency Syndrome (AIDS virus), and reduce fears and dispel myths about the disease of AIDS. The following guidelines are intended by the City to balance the interests of persons suffering from such diseases with the interests of the City in protecting its employees from any dangers associated with those diseases.
B. Employees are encouraged to inform the City of any contagious disease or infection which he/she considers to be a handicap or is legally a handicap as soon as an individual learns of his/her condition. No employee who is otherwise qualified to work may be discriminated against because of a physical handicap. Legal protections established for handicapped persons shall extend to employees significantly impaired by contagious diseases or infections. Employees shall not be required to undergo testing for AIDS, ARC, or the HTLV-III antibody.
C. An employee who has a contagious disease or infection shall be provided with continued employment in his/her present capacity unless the following factors demonstrate that, because of such disease or infection, the employee would cause a direct threat to the health or safety of other individuals or is unable to perform the duties of the job:
1. The nature of the risk; e.g., how the disease is transmitted.
2. The duration of the risk; e.g., how long the carrier is infectious.
3. The severity of the risk; e.g., the potential degree of harm to third parties.
4. The probability the disease will be transmitted.
5. The physical condition of the employee; e.g., diagnosis, treatment, and prognosis of the condition.
6. The job requirements and the expected type of interaction with others in the work environment.
Revised 2/14 Article 41 - Page 7 MCCEA
D. The condition and job assignment of an employee who has a contagious disease or infection shall be reevaluated on a regular basis. The City Manager, or designee, shall monitor changes in the state of medical knowledge about the contagious disease or infection, or changes in the employee's medical treatment or health status which might affect his/her assignment.
E. The City shall provide reasonable accommodation to employees impaired by a contagious disease or infection, in a manner consistent with that provided for other medical problems. Employees may be reassigned or granted disability leave if they are unable to perform job responsibilities because of a contagious disease or infection, or if a contagious disease or infection endangers an employee's health or the health of others.
F. If an employee has concerns about the presence of a person with the AIDS virus, or any other infectious disease, that individual should be directed to a knowledgeable counselor or medical health practitioner in the City's Employee Assistance Program (EAP) to help allay fears.
G. Confidentiality
Although medical personnel are required to report known AIDS cases to the local county health department within 24 hours, confidentiality of all medical conditions shall be maintained. There is no medical necessity to advise coworkers of the immediate presence of persons who have AIDS, AIDS Related Complex, or a positive HTLV-III antibody test. Disclosure of the result of a blood test to detect AIDS, without written authorization from the employee tested, can result in substantial monetary penalties under state law.
The City Manager shall ensure that all employees' rights to confidentiality are strictly observed. Medical records/information shall be disclosed only to the extent required or permitted by law. Only those persons with a clear need to know shall be informed of an employee's health condition.
Section 41.08. Bloodborne Pathogens Policy
A. Purpose
It is the intent and purpose of this policy to minimize or eliminate employee exposure to, and/or spreading of, communicable diseases.
B. Policy
1. The City shall accept the responsibility for the establishment of measures to protect "at risk" personnel (employees) from exposure to blood and other potentially infectious body fluids.
Revised 2/14 Article 41 - Page 8 MCCEA
2. To assist personnel in making decisions concerning the use of protective equipment.
3. To protect the privacy rights of all personnel who in the line of duty may be exposed to or contract a communicable disease.
4. Each Department within the City with "at risk" personnel (employees) shall establish and implement procedures that are ". . . at least as effective" as the Department of Labor's Occupational Exposure to Bloodborne Pathogens. ("29 CRF Part 1910.1030" Occupational Safety and Health Administration.) Section 41.09. Drug/Alcohol Abuse Policy
A. Purpose
It is the intent and purpose of this policy to eliminate substance abuse and its effects in the workplace; to protect the safety of employees, citizens, and property; to promote efficiency and productivity among City employees; and to prevent loss of public confidence and damage to the City's reputation.
The City's primary concern is to ensure employees are in a condition to perform their duties safely and efficiently. Montclair has no intention of unnecessarily intruding into the private lives of its employees, unless involvement with drugs and alcohol off the job affects job performance and employee safety. The presence and influence of drugs and alcohol on employees during working hours will not be tolerated.
Employees who think they may have an alcohol or drug usage problem are encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP) or other available sources. While Montclair will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help.
B. Policy
1. It is Montclair's policy that employees shall not report to work intoxicated or under the influence of alcohol or narcotics, prescribed or over-the-counter medications in excess of prescribed dosage, or other nonprescribed hallucinogenic substances, or become so intoxicated or influenced while on duty. In addition, employees shall not sell or provide any drugs or alcohol, while on duty or on City property, unless directly related to a legitimate criminal investigation or authorized City function.
While use of prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with Revised 2/14 Article 41 - Page 9 MCCEA
the safe and effective performance of duties or operation of City equipment may result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
2. Montclair reserves the right to search, without employee consent, all areas and property in which the City maintains control or joint control with the employee.
In areas not jointly or fully controlled by the City, we may notify the appropriate law enforcement agency consistent with Government Code Section 3309.
3. The City is committed to providing reasonable accommodation to employees whose drug or alcohol problem classifies them as handicapped under federal or state law.
4. An EAP has been established to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors, or an EAP counselor directly, for additional information.
5. Employees violating this policy shall be subject to disciplinary action, up to and including termination.
6. For purposes of this policy, "subject to duty" means "specifically assigned to an on-call status (e.g., standby, etc.)."
C. Application
This policy applies to all employees of the City. It applies at all times when employees are on City property, and when employees are off City premises but on duty and engaged in any activity where the employee is representing the City.
Alcohol and all substances, drugs, or medications (legal or illegal) that could impair an employee's ability to effectively and safely perform the functions of the job, or increase the potential for accidents, absenteeism, substandard performance, and poor employee morale, are covered by this policy. In addition, certain employees are covered by the Department of Transportation Drug Testing Rules. These rules and the specification of employees covered by these rules are set forth in a separate City Policy entitled "Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations."
D. Employee Responsibilities
An employee shall:
1. Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to on- or off-duty alcohol or drug use; Revised 2/14 Article 41 - Page 10 MCCEA
2. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or while on City property, unless authorized by the City Council, City Manager, concerned department head, or possessed/consumed as part of an official City function;
3. Not directly, or through a third party, sell or provide drugs or alcohol to any person or to any other employee while on duty;
4. Submit immediately to an alcohol/drug test if requested by his/her supervisor, when there is reasonable suspicion that he/she is under the influence of drugs or alcohol. Failure to submit to an alcohol/drug test, when so ordered by a manager or a supervisor, will be considered insubordination and grounds for termination;
5. Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment; and
6. Provide, within 24 hours of request, evidence of a current valid prescription for any drug or medication identified when a drug/alcohol test is positive. The prescription must be in the employee's name.
Nothing herein shall be construed to waive any rights provided by law.
E. Management Responsibilities and Guidelines
1. Managers and supervisors are responsible for reasonable and consistent enforcement of this policy.
2. Managers and supervisors shall receive training as to how to effectively implement the provisions of this policy.
3. Managers and supervisors have the authority to order an employee to submit to a drug/alcohol test when there is a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. If reasonable suspicion exists, the manager or supervisor shall have the authority to order an employee, accompanied by a supervisor, to report immediately to a City-designated medical facility to be examined by a physician and to take an appropriate test for drug and/or alcohol use. The examination shall be conducted while the employee is "on the clock." The City shall bear the expense of the examination, and shall provide transportation to and from the medical facility and the employee's work station.
Revised 2/14 Article 41 - Page 11 MCCEA
"Reasonable suspicion" is a belief, based on objective facts, sufficient to lead a reasonable prudent supervisor to suspect that an employee is under the influence of drugs or alcohol and the employee's ability to perform the functions of the job safely is impaired or reduced. Examples of factors which may constitute reasonable suspicion include, but are not limited to:
a. Slurred speech;
b. Alcohol odor on breath;
c. Unsteady walking and movement;
d. An accident on or involving City property, when it appears the employee is at fault;
e. A physical or a verbal altercation initiated by the employee; f. Unusual behavior for a particular employee;
g. Possession of alcohol or drugs; and/or
h. Information obtained from a reliable person with personal knowledge.
4. Any manager or supervisor requesting an employee to submit to a drug/alcohol test shall document, in writing, the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs.
5. Any manager or supervisor who encounters an employee who refuses an order to submit to a drug/alcohol test upon request shall remind the employee of the requirements and disciplinary consequences of this policy. If the employee continues to refuse an order to submit to a drug/alcohol test, the manager or supervisor shall prevent the employee from engaging in further work until he/she can be safely transported from the worksite.
6. Managers and supervisors shall not physically search employees and/or personal possessions without an employee's consent. All searches shall be conducted in the presence of the employee and at least two representatives for the City.
7. Managers and supervisors shall notify the concerned department head, or designee, when they have a reasonable suspicion that an employee may have alcohol or illegal drugs in his/her possession, or in an area not jointly or fully controlled by the City, when an employee refuses to consent to a search. If the concerned department head, or designee, concurs that there is reasonable Revised 2/14 Article 41 - Page 12 MCCEA
suspicion of illegal drug possession, the concerned department head shall notify the appropriate law enforcement agency.
F. Physical Examination and Procedure
The drug and/or alcohol analysis may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, PCP, methadone, barbiturates, amphetamines, and marijuana or other cannabinoids.
G. Results of Drug and/or Alcohol Test
1. If the drug/alcohol test is positive, the employee must provide, within 24 hours of receiving the test results, a valid current prescription for the identified drug(s).
Prescriptions must be in the employee's name. If the employee does not have a valid prescription, or if the prescription is not in the employee's name, and if the employee has not previously notified his/her supervisor that he/she was/is using the prescription drug(s), a positive result from a drug and/or alcohol test may result in disciplinary action, up to and including discharge from City employment. The cut-off levels for initial screening tests and confirmation tests shall conform with standards established by Department of Transportation (DOT) drug and alcohol testing regulations, Subpart F, Fees, and other applicable sections and parts. By their reference, such standards shall be incorporated herein.
2. If any alcohol or drug test is positive, the City shall conduct an investigation to gather all the facts. The decision to discipline or discharge an employee will be carried out in conformance with the City's discipline procedures.
3. If the drug/alcohol test is positive, an employee may request an additional alcohol or drug test, through another source, at his/her own expense.
H. Confidentiality
Laboratory reports and test results shall be included in a separate confidential medical folder contained within the employee's personnel file. The reports and/or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without employee consent, may also occur when:
1. The information is compelled by law or by judicial or administrative process;
2. The information has been placed at issue in a formal dispute between the City and the employee;
Revised 2/14 Article 41 - Page 13 MCCEA
3. The information is to be used in administering an employee benefit plan; or
4. The information is needed by medical personnel for the diagnosis or treatment of an employee who is unable to authorize disclosure.
Revised 2/11 Article 42 - Page 1 MCCEA
ARTICLE 42: EFFECT OF AGREEMENT
A. Amendments
The provisions of this MOU can be amended, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the designated representative of the City and the Association.
B. It is understood and agreed that the specific provisions contained in this MOU shall prevail over employer practices and procedures, prior written agreements, and over state laws to the extent permitted by state law, and that in the absence of specific provisions in this MOU such practices and procedures are discretionary.
C. During the term of this MOU, the parties expressly waive and relinquish the right to meet and confer and agree the parties shall not be obligated to meet and negotiate with respect to any subject matter, whether referred to or covered in this MOU or not, even though each subject or matter may not have been within the knowledge or contemplation of either or both the City or the Association at the time they met and negotiated on and executed this MOU, even though such subjects or matters were proposed and later withdrawn. However, the parties agree to reopen this MOU in the second and third years to discuss health insurance.
D. This MOU constitutes the total and entire agreement between the parties and no verbal statements shall supersede any of its provisions.
Revised 9/22 Article 43 - Page 1 MCCEA
ARTICLE 43: TERM
Except as otherwise indicated herein, the current MOU shall be effective upon the date of ratification by the City Council for the period of July 1, 2022, through June 30, 2024.
After June 30, 2024, the existing terms, conditions, and provisions shall remain in effect, and City and employees agree to abide by those terms, conditions, and provisions unless otherwise altered by the meet and confer process, or unless otherwise indicated in this MOU.
IN WITNESS THEREOF, this MOU is entered into this day, pursuant to the provisions of Government Code Section 3500, et seq., for presentation to the City Council of the City of Montclair.
Dated: __________________ MONTCLAIR CITY CONFIDENTIAL
EMPLOYEES ASSOCIATION
By _____________________________________
By _____________________________________
By _____________________________________
Dated: __________________ CITY OF MONTCLAIR
By _____________________________________
By _____________________________________
By _____________________________________
By _____________________________________
Revised December 2022
AGREEMENT NO. 22-115
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF MONTCLAIR
AND THE
MONTCLAIR POLICE OFFICERS ASSOCIATION
July 1, 2021 – June 30, 2025
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MONTCLAIR AND THE
MONTCLAIR POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE 1: PREAMBLE............................................................................. 1-1 ARTICLE 2: SAVINGS CLAUSE................................................................. 2-1 ARTICLE 3: MANAGEMENT RIGHTS........................................................ 3-1 ARTICLE 4: ASSOCIATION RIGHTS......................................................... 4-1 ARTICLE 5: UNIT DESCRIPTION .............................................................. 5-1 ARTICLE 6: MEMBERSHIP AND PAYROLL DEDUCTIONS..................... 6-1 Section 6.01. Identification of MPOA Officers……………………..6-1 Section 6.02. Certification of Membership and Dues Deduction...6-1 Section 6.03. New Members………………………………………...6-2
Section 6.04. Disputes……………………………………………….6-2
Section 6.05. Indemnification………………………………………..6-2
ARTICLE 7: COMPENSATION................................................................... 7-1 Section 7.01. Wages........................................................................ 7-1 Section 7.02. Medicare .................................................................... 7-1 Section 7.03. Salary Advancement.................................................. 7-1 Section 7.04. Education Incentive/Grant Program........................... 7-3 Section 7.05. POST Certificate Pay................................................. 7-7 Section 7.06. Acting Pay.................................................................. 7-7 Section 7.07. Special Additional Pay ............................................... 7-8 Section 7.08. Uniform Program........................................................ 7-10 Section 7.09. Deferred Compensation Plan .................................... 7-11 Section 7.10. Bilingual Pay .............................................................. 7-13 Section 7.11. Training Time............................................................. 7-14 Section 7.12. Repayment of Wages and Expenses Owed.............. 7-13 Section 7.13. Return of City Property .............................................. 7-14 Section 7.14. Benefit Fund Contribution; Excess Funds to Deferred When on Administrative Leave .................................................. 7-14 ARTICLE 8: MEDICAL, DENTAL, AND OPTICAL BENEFITS................... 8-1 Section 8.01. Benefit Fund Contribution; Excess Funds to Deferred Compensation; Medical, Dental, and Optical Insurance............ 8-1 Section 8.02. COBRA ...................................................................... 8-2 Section 8.03. Medical Insurance (Retirees)..................................... 8-3 ARTICLE 9: LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT
INSURANCE..................................................................................... 9-1 ARTICLE 10: LONG-TERM DISABILITY INSURANCE.............................. 10-1 ARTICLE 11: RETIREMENT....................................................................... 11-1 ARTICLE 12: HOLIDAYS............................................................................ 12-1 Section 12.01. Holiday Leave .......................................................... 12-1 Section 12.02. Holiday Accrual Bank............................................... 12-2 Section 12.03. Holiday Pay Option .................................................. 12-3 ARTICLE 13: VACATION............................................................................ 13-1 Section 13.01. Vacation Leave ........................................................ 13-1 Section 13.02. Vacation Buyback Option ........................................ 13-1 ARTICLE 14: LEAVES ................................................................................ 14-1 Section 14.01. Sick Leave ............................................................... 14-1 Section 14.02. Bereavement Leave................................................. 14-4 Section 14.03. Family and Medical Care Leave .............................. 14-5 Section 14.04. Pregnancy Leave..................................................... 14-15 Section 14.05. Jury Duty.................................................................. 14-16 Section 14.06. Military Leave........................................................... 14-17 Section 14.07. Leaves of Absence Without Pay.............................. 14-19 Section 14.08. Injury on Duty/Workers' Compensation ................... 14-19 ARTICLE 15: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS . 15-1 ARTICLE 16: OVERTIME ........................................................................... 16-1 ARTICLE 17: TRAINING HOURS............................................................... 17-1 ARTICLE 18: MILEAGE/AUTOMOBILE ALLOWANCE.............................. 18-1 ARTICLE 19: ANNUAL AND BIANNUAL PHYSICAL EXAMS ................... 19-1 ARTICLE 20: PREMIUM PAY PLAN .......................................................... 20-1 ARTICLE 21: CLASSIFICATION AND COMPENSATION PLANS............. 21-1 ARTICLE 22: MERIT SYSTEM ................................................................... 22-1 ARTICLE 23: APPOINTMENTS AND PROMOTIONS ............................... 23-1 ARTICLE 24: PROBATION......................................................................... 24-1 ARTICLE 25: TRANSFER........................................................................... 25-1 ARTICLE 26: ASSIGNMENT ...................................................................... 26-1 ARTICLE 27: PERFORMANCE APPRAISAL............................................. 27-1 ARTICLE 28: TERMINATION OF EMPLOYMENT..................................... 28-1 ARTICLE 29: REINSTATEMENT................................................................ 29-1 ARTICLE 30: LAYOFF PROCEDURE........................................................ 30-1 ARTICLE 31: DISCIPLINARY ACTION ...................................................... 31-1 ARTICLE 32: COMPLAINT/GRIEVANCE PROCEDURES ........................ 32-1 ARTICLE 33: AWARD PROGRAMS........................................................... 33-1 Section 33.01. Employee Suggestion Awards Program.................. 33-1 Section 33.02. Employee Service Awards Program........................ 33-4 ARTICLE 34: WORK DISRUPTION............................................................ 34-1 ARTICLE 35: OUTSIDE EMPLOYMENT.................................................... 35-1 ARTICLE 36: POLITICAL ACTIVITIES....................................................... 36-1 ARTICLE 37: SEEKING NEW EMPLOYMENT .......................................... 37-1 ARTICLE 38: HARASSMENT IN EMPLOYMENT POLICY........................ 38-1 ARTICLE 39: CREDIT UNION .................................................................... 39-1 ARTICLE 40: NEPOTISM, MARITAL STATUS, AND DATING POLICY.... 40-1 ARTICLE 41: DOMESTIC PARTNER......................................................... 41-1 ARTICLE 42: LACTATION ACCOMMODATION........................................ 42-1 ARTICLE 43: ORGANIZATIONAL FRAMEWORK ..................................... 43-1 Section 43.01. Personnel System.................................................... 43-1 Section 43.02. Personnel Committee .............................................. 43-1 Section 43.03. Employer-Employee Relations ................................ 43-1 Section 43.04. Individual Representation ........................................ 43-1 Section 43.05. Affirmative Action/Equal Opportunity Policy ............ 43-2 Section 43.06. Disabled/Handicapped Nondiscrimination Policy .... 43-3 Section 43.07. Communicable Disease Policy ................................ 43-6 Section 43.08. Bloodborne Pathogens Policy.................................. 43-8 Section 43.09. Drug/Alcohol Abuse Policy ...................................... 43-8 Section 43.10. Civil Litigation Notification........................................ 43-13 ARTICLE 44: EFFECT OF AGREEMENT .................................................. 44-1 ARTICLE 45: TERM.................................................................................... 45-1 Revised 3/04 Article 1 - Page 1 MPOA
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MONTCLAIR AND THE
MONTCLAIR POLICE OFFICERS ASSOCIATION
ARTICLE 1: PREAMBLE
It is the intent and purpose of this Memorandum of Understanding (MOU) to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between employees represented by the Montclair Police Officers Association and representatives of the City of Montclair (City).
The Association agrees to recommend ratification of changes to terms and conditions of employment as contained in this MOU and any agreement in support hereof to its membership, and City representatives agree to recommend the same to the City Council.
Upon such adoption by both parties, all terms and conditions of this MOU and any agreement in support hereof shall then become effective without further action by either party.
Revised 12/94 Article 2 - Page 1 MPOA
ARTICLE 2: SAVINGS CLAUSE
If any section, subsection, subdivision, sentence, clause, or phrase of this MOU is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this MOU.
Revised 3/04 Article 3 - Page 1 MPOA
ARTICLE 3: MANAGEMENT RIGHTS
A. Except as otherwise specifically provided, the City has and retains the sole and exclusive rights and functions of management, including, but not limited to, the following:
1. To determine the nature, standards, and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.
2. To manage all facilities and operations of the City, including the methods, means, and numbers and kinds of personnel by which the City operations are to be conducted.
3. To contract work out and/or transfer work out of the unit under the following provisions:
a. The Association will receive notice prior to the City contracting out work.
b. Upon notification by the City, and pursuant to state law, the Association may request to meet and
discuss, but not negotiate, the proposal and any
subsequent actions to contract out work.
4. To direct the working forces, including the right to hire, assign, promote, demote, or transfer any employee.
5. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments upon reasonable notice.
6. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law.
7. To determine policies, procedures, and standards affecting the selection, training, and promotion of employees.
8. To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures of said assessment.
9. To establish and enforce dress and grooming standards.
Revised 3/04 Article 3 - Page 2 MPOA
10. To determine time, reasons, methods, and means to relieve its employees from duty because of lack of work, lack of funds, or other lawful reasons.
11. To maintain the efficiency of governmental operations.
12. To determine safety, health, and property protection measures.
13. To determine methods of financing.
14. To determine style and/or types of City-issued wearing apparel, equipment, or technology to be used.
15. To determine and/or change the facilities, methods, technology, means, and organizational structure, and size and composition of the work force, and allocate and assign work by which the City operations are to be conducted.
16. To determine and change the number of locations, relocations, and types of operations, means, methods, processes, equipment, and materials to be used in carrying out all City functions including, but not limited to, the right to transfer work out of the unit, contract for, or subcontract any work or operations of the City.
17. To establish, modify, determine, or eliminate job classifications.
18. To take all necessary actions to carry out its mission in emergencies.
19. To exercise complete control and discretion over its organization and the technology of performing its work.
20. To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
B. MPOA recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force, performing those services in all respects subject to this MOU.
Revised 2/07 Article 4 - Page 1 MPOA
ARTICLE 4: ASSOCIATION RIGHTS
Reasonable access to employee work locations shall be granted to officers of the Association and its official representatives for the purpose of processing grievances or contacting members of Association concerning business within the scope of representation. Such officers or representatives shall not enter any work locations without the consent of the City or its authorized representative. Access shall be restricted so as not to interfere with the normal operations of the Department or with established safety or security requirements.
Association meetings may be held during work hours with the prior approval of the department head or designee. The City shall not unreasonably withhold such approval provided the proposed Association meeting does not interfere with the normal operations of the Department. On-duty personnel may not attend such meeting without prior approval of the appropriate supervisor.
Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, campaigning for office, conducting elections, and distributing literature, will not be permitted during working hours without department head or his/her designee approval.
Revised 12/94 Article 5 - Page 1 MPOA
ARTICLE 5: UNIT DESCRIPTION
The following classifications are represented by the Association and are members of this unit:
Classifications
Police Officer
Police Sergeant
Revised 10/19 Article 6 - Page 1 MPOA
ARTICLE 6: MEMBERSHIP AND PAYROLL DEDUCTIONS
All current employees and all employees who are hired after this MOU is approved by City Council, and who are in a job classification within the MPOA representation unit covered by this MOU as identified in Article 5 (Unit Description) are to be represented exclusively by MPOA. All current employees and all employees who are hired after this MOU is approved by City Council shall be immediately bound by the terms of this MOU, regardless as to whether the employees or newly hired employees become dues paying members of MPOA.
Section 6.01. Identification of MPOA Officers
Within 30 days of the election of MPOA officers, MPOA shall notify the City Manager, the Director of Administrative Services, and/or their designees, in writing of the name of the President, Vice President, Secretary, Treasurer, and the names of any other members authorized to act on behalf of MPOA. If such positions are vacant, the notification shall identify them as vacant. This identification shall designate the person authorized to receive any funds generated from payroll deductions and the address to where such funds shall be delivered.
Section 6.02. Certification of Membership and Dues Deduction Within 30 days of the ratification of this agreement, and any other time a member is added or deleted from MPOA’s membership, MPOA will submit to the Finance Director, or his/her designee, a “Certification of Membership and Dues Deduction” (“CMDD”). The CMDD will include the following: (1) the amount of dues to be deducted for each member; (2) the frequency of the deduction (e.g., monthly, each pay period, etc); (3) a list of the names of all of the existing dues paying member employees from whom dues are to be deducted; (4) a list of the names of new dues paying member employees from whom dues are to be deducted; (5) a list of names of former dues paying member employees from whom dues are no longer to be deducted; and (6) a certification from an MPOA representative that the CMDD is true and accurate. That certification shall state:
“I, [name of individual certifying], [MPOA Title], hereby certify, under the penalty of perjury, that the above is true and accurate. This certification is executed on [date] in Montclair, California. [Signature] .
Printed Name, MPOA Title “
Payment of the dues shall be through payroll deduction to MPOA. Dues withheld by the City shall be transmitted to the MPOA officer designated by MPOA in the notification required in Section 6.01. The City shall only deduct monies specifically requested by the CMDD; however, the City shall not deduct monies specifically earmarked for a Political Action Committee (PAC) or other political activities.
Revised 10/19 Article 6 - Page 2 MPOA
MPOA shall be fully responsible for expending funds received under this Article consistent with all legal requirements for expenditures of employee dues that are applicable to public sector labor organizations.
When a CMDD submitted to the City directs the City to halt all payroll deductions, a CMDD will not be required again until such time MPOA desires to resume payroll deductions, at which time the requirements outlined earlier in this Section must be met.
Section 6.03. New Members
MPOA shall be solely responsible for the recruitment, enrollment and management of all MPOA members. MPOA shall provide to any prospective member a membership, enrollment, and/or dues deduction forms and MPOA shall keep and maintain such forms for the duration of the employee’s membership with MPOA in the event of a dispute as identified in Section 6.04. In no way will the City be responsible for the dissemination, explanation, or collection of any MPOA membership, enrollment, and/or dues deduction forms.
The City will conduct periodic “Orientations” of new employees pursuant to City policies and consistent with applicable federal and state laws.
All new members, from whose paychecks MPOA desires dues to be deducted, shall be identified on the CMDD as defined under Section 6.02, before any deductions are made.
The deduction of dues will take effect within 30 calendar days of MPOA’s submission of the CMDD to the City.
Section 6.04. Disputes
In the event an employee comes to the City requesting that dues no longer be deducted from his/her paycheck, the City will inform the employee that he/she must process that request with his/her Association. However, if a dispute arises between an employee and MPOA regarding dues deductions, and the employee seeks resolution through City intervention, upon request of the City, MPOA shall provide to the City the membership, enrollment, and/or dues deduction form in an effort to verify a deduction is authorized.
Section 6.05. Indemnification
MPOA shall defend, indemnify, and hold harmless the City and its officers and employees from any claim, demands, suits, loss, liability, cause of action, or administrative proceeding arising under this Article or as required by the California Government Code.
This provision in no way prohibits, mitigates, or reduces the City’s ability to assert any rights provided to it by any other statute or law in regards to a defense, immunity, or rights of indemnification.
Revised 12/22 Article 7 - Page 1 MPOA
ARTICLE 7: COMPENSATION
Section 7.01. Wages
Employee wages are adopted by resolution of the City Council. The monthly salaries specified in the salary resolution determine an employee’s hourly pay rate and represent the employee’s “current rate of pay,” or “base pay.”
Salary Adjustments for 2021-25
The salary range for all classifications represented by MPOA shall be increased as follows:
1. Effective November 21, 2022, the salary range for all classifications represented by the Montclair Police Officers Association (MPOA) shall be increased by 8 percent.
2. Effective the first day of the first full pay period in July 2023, the salary range for all classifications represented by the Montclair Police Officers Association (MPOA) shall be increased by 4 percent.
3. Effective the first day of the first full pay period in July 2024, the salary range for all classifications represented by the Montclair Police Officers Association (MPOA) shall be increased by 4 percent.
Section 7.02. Medicare
City to contribute 1.45 percent of covered payroll toward Medicare coverage for employees hired after March 31, 1986. A 1.45 percent deduction will be made from employees' earnings, in conformance with applicable law. In compliance with H.R. 3128, all full-time, part-time, temporary, and seasonal employees hired after March 31, 1986, must participate in the Medicare program.
Section 7.03. Salary Advancement
Assigned salary ranges normally contain 5 steps. Employees move through these steps on the basis of performance in the position hired/promoted into.
Regular, full-time employees shall be eligible for salary step advancement consideration, as follows:
1. To the "B" step of the salary schedule after 1 year of successful performance at the "A" step. The date of this increase shall become the employee's pay-review date for purposes of eligibility for future merit increases.
Revised 12/22 Article 7 - Page 2 MPOA
2. To the "C" step after 1 year of successful performance at the "B" step.
3. To the "D" step after 1 year of successful performance at the "C" step.
4. To the "E" step after 1 year of successful performance at the "D" step.
For the purpose of this MOU, successful performance requires employees to have all performance appraisal ratings of "meets standards" and above. Employees who receive one or more ratings of "does not meet standards" are not eligible for salary step advancement.
When an employee is hired at a step other than Step "A" of the salary range assigned to the position, the employee shall be eligible for a step increase 1 year from the date of employment, and this date shall become the employee's pay-review date for purposes of eligibility for future merit increases. Thereafter, the above merit pay procedure shall be followed, with the exceptions noted below:
1. In cases where an employee demonstrates exceptional ability and proficiency in performance as specified in separate operational rules and procedures, the employee may be given more than a 1-step salary increase at the review date, subject to the approval of the City Manager and the Personnel Committee.
2. If, for whatever reason, an employee not on probation is unable to perform his/her assigned duties because of absence from work for a period in excess of 45 consecutive calendar days, the evaluation period shall be automatically extended for a similar period of time; provided, however, the department head/City Manager may evaluate the employee's past performance and submit to the City Personnel Committee a separate, written recommendation justifying/granting a merit increase and not extending the evaluation period for a period of time equal to the period of absence. If the period of absence exceeds 90 consecutive calendar days, the employee's performance evaluation and anniversary date will be extended for a similar period of time (also see Article 27: Performance Appraisal).
3. If, for whatever reason, an employee on probation is unable to perform his/her assigned duties because of absence from work for any period of time, his/her probation period, merit increase, and anniversary date shall be extended for the same length of the absence (also see Article 24:
Probation and Article 27: Performance Appraisal).
Salary step advancements are granted for continued meritorious and efficient service in the position hired/promoted into, and after continued improvement in assigned tasks, in conjunction with performance appraisal procedures. Recommendations are initiated by Revised 12/22 Article 7 - Page 3 MPOA
immediate supervisors and are then forwarded to the department head for approval.
These, in turn, shall be transmitted to the City Manager.
When an employee is denied a merit increase, the employee shall be informed of such and the reasons why. The employee may be reconsidered for advancement at any subsequent time recommended by management of the concerned department. Denial or postponement of a merit increase shall not change an employee's anniversary date or future pay-review date.
Employees who have received internal promotions, if assigned to the next higher step of the new range offering a minimum 2 1/2 percent salary increase, shall be eligible for a step increase upon successful completion of 6 months in the new position. If employees are placed on a higher step that results in a salary adjustment greater than 2 1/2 percent (based upon the recommendation of the department head and approval of the City Manager), they shall be eligible to advance to the next step of the range 1 year from the date of their promotion, and this date shall also become the employee's pay-review date for purposes of eligibility for future merit increases. (For additional information on pay increases and probationary requirements after promotion, also refer to Article 23:
Appointments and Promotions and Article 24: Probation.) Section 7.04. Education Incentive/Grant Program
A. Education Incentive Program
1. Employees Whose Initial Hire Date Was On or After July 1, 1984, and Before July 1, 2004
The City will pay an incentive to employees in the classifications of Police Officer and Sergeant, who are hired on or after July 1, 1984, and before July 1, 2004, for job-related academic degrees (Associate of Arts or Science, Bachelor of Arts or Science) from an accredited institution of higher education (junior college, college, university) which exceed the normal established job/education requirements.
Eligible employees will be compensated at a fixed monthly amount for the highest qualifying degree obtained, as follows:
Fixed Monthly
Classification Degree Payment Amount
Police Officer Associate of Arts $115.00
Police Officer Associate of Science $115.00
Police Sergeant Associate of Arts $145.00
Police Sergeant Associate of Science $145.00
Police Officer Bachelor of Arts $175.00
Police Officer Bachelor of Science $175.00
Police Sergeant Bachelor of Arts $215.00
Police Sergeant Bachelor of Science $215.00
Revised 12/22 Article 7 - Page 4 MPOA
2. Employees Whose Initial Hire Date Was On or After July 1, 2004 For employees hired on and after July 1, 2004, education incentive pay is not a provided benefit. These employees will be eligible to participate in the Education Grant Program, as defined in item "B" of this section.
3. Payment of education incentives for eligible employees shall be subject to the approval of the City Manager. If an employee has an academic degree specified by the City as required for appointment or promotion to a position, no education incentive will be paid. If an employee qualifies for an incentive in one position, but is assigned or promoted to another position which requires the degree presently possessed, the employee will no longer be eligible for the Education Incentive Program. The education incentive stipend shall not be PERSable to the extent that its exclusion is required or allowed by CalPERS regulations.
4. The following criteria will be used to determine an employee's eligibility for and/or continued eligibility in the Education Incentive Program:
a. Participation by an employee in the Education Incentive Program is a privilege, subject to revocation or suspension under the terms of this section. New hires must first
successfully pass probation with meets standards or higher in each performance evaluation rating category to qualify for the education incentive. If a participant or potential participant receives an overall performance appraisal that is less-thanmeets-standards in all rating categories or is otherwise belowjob-requirements, the employee will not be eligible for participation in the Education Incentive Program and will not receive or continue to receive an education incentive until the employee receives a performance evaluation with meets
standards in all rating categories. If the supervisor anticipates issuing a performance evaluation with any rating category below meets standards, the affected employee should be
notified of this fact, in writing, 2 months prior to the regularly scheduled performance evaluation; however, in no event shall the right of the employer to revoke or suspend an employee's education incentive be infringed due to failure of the supervisor to notify the employee in advance to expect a less-than-meetsstandards evaluation. When issuing a less-than-meetsstandards performance evaluation, the supervisor shall state the period of time for which the education incentive shall be revoked or suspended. The employee may request a review by Revised 12/22 Article 7 - Page 5 MPOA
the Chief of Police of the status of his/her education incentive eligibility after 60 calendar days following the date on which the less-than-meets-standards evaluation was approved by the City Personnel Committee.
b. In the event an employee receiving the education incentive is issued a disciplinary action that involves a suspension in excess of 3 working days, any loss or reduction in pay, and/or a demotion in rank, the employee's eligibility for participation in the Education Incentive Program, or continued participation, shall be suspended for a minimum of 30 working days. The Chief of Police shall review the disciplinary file/action and recommend to the City Manager and Personnel Committee any additional action related to the suspension or revocation of the employee's education incentive. In the event that a disciplinary action is reversed on appeal, the employee's education
incentive shall be restored retroactive to the date of
suspension/revocation.
c. Exclusive of the actions and remedies defined in item "5. b." of this section, if, for whatever reason other than IOD, an employee is unable to perform his/her assigned duties because of absence from work for a period in excess of 45 consecutive calendar days, his/her education incentive shall be suspended until such time that the employee returns to work without restrictions and the restoration of the education incentive is authorized by action of the Personnel Committee.
B. Education Grant Program
Employees may forego the education incentive and participate instead in the Education Grant Program. Employees receiving education grants are not, at any time during their employment with the City, eligible to receive the education incentive as defined in item "A" of this section. The procedure for the Education Grant Program follows.
Employees are encouraged to attend education courses that relate to their jobs and advance their academic level. Insofar as possible, and within budgetary considerations, City makes available to employees an Education Grant Program.
Courses eligible for consideration under the Education Grant Program shall be:
1. Any course specifically related to an employee's occupation, provided such course, or a similar course of the same general course description and at the same academic level, has not previously been taken by said employee; further provided that the taking of such course holds out a reasonable promise of improving employee's general job Revised 12/22 Article 7 - Page 6 MPOA
knowledge; and further provided that if said employee demonstrates a proclivity for taking courses on a regular basis, such courses, when considered as a whole, must be part of an integrated and structured student study plan through an accredited institution of learning leading toward a curriculum certificate or advanced degree; or
2. Any course advancing an employee's academic level, provided the course is part of an integrated and structured student study plan through an accredited institution of learning leading toward an advanced certificate or degree; further provided said employee affirms his/her intention to complete the certificate or degree program; and further provided that the certificate or degree program must bear a reasonable relationship to the nature of the job duties performed by said employee, or will assist in advancing the employee within his/her job area with the City.
The City will reimburse for tuition, books, parking, and classroom/lab supplies in an amount not to exceed $1,300 per fiscal year per employee for qualifying course work recently completed at an accredited academic institution; e.g., 2-year college, 4-year college or university, post-undergraduate college or university. The Education Grant Program is not intended to reimburse for the full cost of an employee's education; rather, the program is intended to assist the employee with education-related costs accrued in the current fiscal year, or fiscal year just ending, in which the qualifying course(s) was/were completed.
An employee requesting an education grant shall be required to provide information concerning each course to be taken. The City Manager or his/her designee shall have final determination on whether or not a course qualifies under the Education Grant Program. All education grants must be approved prior to the first day of class by the City Manager and the department head.
The education grant shall not be prepaid and shall be provided only if the employee completes each course while employed with the City with a grade of "C" or better.
If, for whatever reason exclusive of retirement, an employee receiving an education grant leaves the City within 1 year from the date of completing the qualifying course work, the employee shall reimburse to the City the full value of the grant.
Each employee participating in the Education Grant Program must submit satisfactory proof of course completion to the City Manager. Any employee who fails to obtain a passing course grade of "C" or better, who fails to complete a course, or who fails to submit satisfactory proof of course completion shall be ineligible to receive an education grant. Any employee on academic probation or expelled from a school, course, or degree program shall be ineligible for an education grant until such time said employee can satisfactorily prove to the City Manager that the situation has been rectified.
Revised 12/22 Article 7 - Page 7 MPOA
Employees may forego the education incentive and participate instead in the Education Grant Program. Employees receiving education grants are not, at any time during their employment with the City, eligible to receive the education incentive as defined in item "A" of this section. The procedure for the Education Grant Program follows.
Section 7.05. POST Certificate Pay
City will provide Police Officer Standards and Training (POST) certificate pay to eligible Police Officers and Police Sergeants as follows:
Intermediate Certificate: $100.00 per month
Advanced Certificate: $175.00 per month
Supervisory Certificate: $250.00 per month (Only those holding the rank of sergeant are eligible)
Qualifying for the POST Certificate alone does not make the employee eligible to receive this benefit. The employee is only qualified to receive this benefit upon issuance of the intermediate, advanced, or supervisory certificate from POST and upon recommendation from the Department Head. In order for an employee to be eligible for the Supervisory POST Certificate Pay, he/she must also simultaneously hold and successfully pass probation for the rank of sergeant. For payroll purposes, the date stamped on the issued POST certificate will be considered the certification date. A copy of the POST certificate must be submitted to the Administrative Services Department/Personnel Division along with the recommendation from the department head. POST Certificate Pay will commence the first full month following POST certification, Department Head recommendation, and approval by the City Manager/Personnel Committee. The POST Certificate Pay is not cumulative, shall be paid for the full month just ending, and shall discontinue on the effective date that an employee is no longer holding the rank of Police Sergeant. POST Certificate Pay shall not be paid to a member who is placed on Administrative Leave as provided for in ARTICLE 7.14 of this MOU.
For those members qualifying for the Supervisory POST Certificate Pay, it is not retroactive and becomes effective November 1, 2017 or the first full month after ratification of the agreement, whichever is later.
Section 7.06. Acting Pay
The City will pay an acting pay differential to employees for "eligible time" worked in an assigned acting position above the employee's regular job classification and salary range.
The acting pay differential shall be defined as 5 percent above the employee's base salary. Except as otherwise provided for in this section, "eligible time" will be defined as 11 or more consecutive full shifts worked in a position above an employee's regular job classification. Acting pay shall be received in the pay period which covers the eleventh consecutive shift acting out of position. No acting pay will be paid if shifts worked out of classification are not consecutive.
Revised 12/22 Article 7 - Page 8 MPOA
Each acting assignment must be authorized in writing by the department head or his/her designee, with a copy of such authorization submitted to the Personnel Committee. No acting pay will be paid if the employee is not charged with performing the full range of responsibilities and duties of the higher classification. No employee shall serve in an acting position for more than 180 consecutive calendar days without reauthorization from the City Personnel Committee.
Section 7.07. Special Additional Pay
A. Detective/Narcotics Officer
Effective November 21, 2022, four (4) percent base pay adjustment for MPOA members while serving in the position of Sergeant of Detectives, Detective or Narcotics Officer. Members receiving this special additional pay are ineligible for additional special pays. Thereafter, an employee appointed to the special assignment shall be eligible to receive the special additional pay on the first day of the first full pay period following approval of the appointment by the City Manager and Personnel Committee. The employee shall NOT receive standby pay and uniform maintenance allowance during the special assignment. The special additional pay ends on the date the employee no longer serves in the special assignment.
Deployment: There are currently assigned one Sergeant of Detectives, four Detectives, and one Narcotics Officer.
B. Field Training Officer (FTO)
Effective November 21, 2022, two and one-half (2.5) percent base pay adjustment while serving in the position of Field Training Officer (FTO). Members receiving this special additional pay are ineligible for additional special pays. Thereafter, an employee appointed to the special assignment shall be eligible to receive the special additional pay on the first day of the first full pay period following approval of the appointment by the City Manager and Personnel Committee. The employee shall NOT receive standby pay during the special assignment. The special additional pay ends on the date the employee no longer serves in the special assignment.
Deployment: There are currently 11± assigned FTOs.
C. Motor Officer
Effective November 21, 2022, two (2) percent base pay adjustment while serving in the position of Motor Officer. Members receiving this special additional pay are ineligible for additional special pays. Thereafter, an employee appointed to the special assignment shall be eligible to receive the special additional pay on the first day of the first full pay period following approval of the appointment by the City Revised 12/22 Article 7 - Page 9 MPOA
Manager and Personnel Committee. The employee shall NOT receive standby pay during the special assignment. The special additional pay ends on the date the employee no longer serves in the special assignment.
Deployment: There are currently no personnel assigned to the Motor Officer position.
D. Special Enforcement Team (SET)
Effective November 21, 2022, two (2) percent base pay adjustment while serving in the position of the Special Enforcement Team (SET). Members receiving this special additional pay are ineligible for additional special pays. Thereafter, an employee appointed to the special assignment shall be eligible to receive the special additional pay on the first day of the first full pay period following approval of the appointment by the City Manager and Personnel Committee. The employee shall NOT receive standby pay during the special assignment. The special additional pay ends on the date the employee no longer serves in the special assignment.
Deployment: There are currently no personnel assigned on a regular basis to the SET, although some members work SET detail in an overtime capacity. .
E. Canine Duty
Effective January 7, 2008, City will provide canine pay to each full-time Police Officer assigned to Canine Duty with responsibility for bathing, exercising, feeding, grooming, cleaning, maintenance, and all normal care activities for the canine assigned to his/her charge, including visits to animal hospitals or veterinarians, the administering of drugs or medicine for illness, and the training of the canine at home.
Travel time related to canine duty, care, or maintenance is not compensable. The canine pay rate will be $42 per week, and will be paid concurrent with each payroll period.
F. Officer in Charge (OIC)
City will pay all Police Officers serving a full shift in the temporary assignment of Officer in Charge (OIC) $12 per shift worked as OIC. This additional pay will not be credited until a Police Officer has accumulated ten full shifts as OIC. Police Officers performing a full range of duties and responsibilities and serving a minimum of 5 hours per shift in the temporary assignment of Officer in Charge (OIC) shall receive special additional pay of $6 per shift worked as OIC. Should more than one OIC be involved with the same shift, only one OIC meeting the 5-hour-per-shift requirement shall receive this compensation.
Revised 12/22 Article 7 - Page 10 MPOA
G. Uniform Maintenance
The City shall pay $45 per month to uniformed Police Officers and Sergeants for proper maintenance and cleanliness of uniforms.
H. Modified-Duty Positions
City shall contribute $20 per month as a clothing allowance for employees assigned to modified-duty positions. This additional pay is in lieu of receiving the uniform maintenance provision, detective additional pay, and/or uniform replacement.
I. Longevity Conduct Pay
1. Effective July 1, 2020, the City will provide a member employee a 2.5 percent longevity adjustment on the anniversary of each quinquennial period (e.g., 5-, 10-, 15-, 20-, and 25-year anniversaries) that is linked to a performance evaluation, where the employee has at least five years of continuous full-time service with the City; however, these 2.5 percent longevity adjustments are not retroactive and, for employees who may have already reached certain quinquennial anniversaries prior to the implementation of this program, shall apply prospectively. The 2.5 percent longevity adjustment does not extend beyond the employee’s 25-year anniversary quinquennial of continuous full-time service to the City. An officer promoting to sergeant does not lose this benefit nor does it reset.
2. For employees who have at least 5+ years of full-time continuous service with the City, with at least 1+ year in Step E of the Police Officer classification, on the date the Longevity Pay is implemented, he/she shall immediately be eligible to receive a 2.5 percent longevity adjustment and then will be eligible to receive the next longevity pay adjustment when he/she reaches the next quiquennial period (e.g., if he/she has 11 years of service on July 1, 2020, he/she will be immediately eligible to receive a 2.5 percent longevity pay adjustment and then be eligible for it again in four years on the anniversary of his/her 15-year quinquennial period, and then each quinquennial thereafter up to the 25-year anniversary quinquennial).
3. In order for an employee to receive Longevity Pay, the Chief of Police or his/her designee shall submit a performance appraisal (short- or long-form) indicating the employee’s performance continues to meet and/or exceed expectations, as outlined in Article 27 of this MOU, and then detail how the employee has met each of the requirements for the Longevity Pay. For payroll purposes, any pay increase shall go into effect on the first day of the next full pay period following the approval of the City Manager.
Revised 12/22 Article 7 - Page 11 MPOA
4. Longevity Pay shall not be considered for placement at a new pay step, as described in Section 7.03, when employee is promoted from one classification to the next.
5. Any break in continuous full-time employment, as required to qualify for any of the Longevity Pay, even for one day, shall reset the continuous service time to zero, which will result in the employee’s disqualification from the Longevity Pay until such time he/she has earned the required amount of continuous full-time service for requalification. If a break in continuous full-time employment occurs as the result of an exceptional hardship, an employee may petition the City Manager for reinstatement of his/her continuous years of service for this Longevity Pay benefit.
6. Longevity Pay shall not be paid to a member who is placed on Administrative Leave as provided for in Article 7, Section 7.14 of this MOU. Consideration for advancement to the next 2.5 percent wage adjustment, as described under Section 7.07.H.1. of this MOU, shall be suspended for a minimum of one-year for an employee receiving a disciplinary action resulting in a suspension for 41 hours or more, a salary reduction, or a demotion resulting in the employee’s quinquiennal anniversary date being readjusted for an equal period of time and setting a new anniversary date in perpetuity. For example, if a 12-year officer is disciplined resulting in a one-year readjustment, he/she will not be eligible for the next 2.5 percent longevity wage adjustment until the employee’s 16-year anniversary and then on the employee’s 21-year anniversary.
Section 7.08. Uniform Program
The purpose of this uniform program is two fold: (1) to identify City employees who have direct contact with the public on a regular basis, and to enhance the image of City operations generally performed by City personnel in public view; and (2) to provide uniforms to those personnel who are required to perform duties that result in their clothing becoming excessively dirty or in duties that require identifying uniforms. Any uniforms and/or identifying patches, badges, etc., purchased by the City for an employee, must be returned to the City when an employee terminates City employment.
To make the program effective, and except as otherwise provided for, all eligible employees shall be required, as a condition of their employment, to participate in accordance with this policy. All personnel required under the program to wear uniforms must also comply with departmental rules and regulations. The City will provide the following:
1. Uniforms
Police safety personnel shall be eligible for uniform replacement by receiving up to two complete uniforms per year on an as-needed basis, Revised 12/22 Article 7 - Page 12 MPOA
upon approval of the department head. Replacement uniform items shall be issued only upon receipt by the department of the items to be replaced.
2. Safety Equipment
The City will furnish the following safety equipment: (1) duty weapon, (2) leather gear, (3) baton, (4) flashlight, (5) chemical agent (i.e., mace), (6) handcuffs, (7) helmet, (8) rain gear, and (9) any other piece of safety equipment determined necessary by the City Manager. The City will replace each piece of safety equipment as it wears out or becomes inoperable due to normal wear, damage, or theft, without negligence on the part of the employee. All safety equipment purchased by the City for use in accordance with this policy shall become the property of the City and shall be returned by the officer upon termination or reassignment to a position not requiring its use.
Section 7.09. Deferred Compensation Plan
A deferred compensation plan is available to all employees, providing tax-deferred savings and/or a retirement supplement. An employee may annually contribute to the City's designated deferred compensation plan up to the maximum amount allowed by federal and state law (elective deferral) through a payroll deduction program (also see Article 8: Medical, Dental, and Optical Benefits, Section 8.01. Benefit Fund Contribution; Excess Funds to Deferred Compensation; Medical, Dental, and Optical Insurance).
Pursuant to federal and state law and the City’s deferred compensation plan, employees may take advantage of the 457 Deferred Compensation Plan "Catch-Up" provisions and allowances as defined in the City's Great West 457 Plan document. Employees may not make "Special Section 457 Catch-Up" contributions in the year they attain their Normal Retirement Age (NRA).
To the extent allowed by federal and state law and the City's deferred compensation plan, the City will allow, in 1 or more of the 3 calendar years ending prior to the calendar year of an employee's planned NRA (or alternate NRA), the conversion of accrued sick leave at a rate of 2.25 hours for 1 hour of cash contribution, at the employee's base rate of pay in effect at the time of conversion, to the City's 457 Deferred Compensation Plan.
Sick leave conversion contributions for the "457 Catch-Up" will normally be distributed over the 3 calendar years ending prior to the calendar year of an employee's planned NRA (or alternate NRA). However, based on the total amount of "457 Catch-Up" contributions available to the employee, accumulated sick leave hours, and the employee's designated NRA (or alternate NRA), "457 Catch-Up" contributions may occur over a shorter period of time prior to retirement; in no event, however, shall any contribution occur in the year the employee attains his/her Normal Retirement Age (NRA).
Revised 12/22 Article 7 - Page 13 MPOA
To be eligible to participate, the employee must be within 1 or more of the 3 calendar years ending prior to the calendar year of his/her planned NRA (or alternate NRA), have "457 Catch-Up" privileges available to him/her, be enrolled in the City-sponsored 457 Deferred Compensation Plan, and maintain a minimum of 192 hours of sick leave in his/her accrual account after conversion during each year of participation. For purposes of this paragraph only, sick leave hours used for the "457 Catch-Up" shall be the first earned with respect to accumulation. (For additional benefit conversion instructions, restrictions, and policies also see Article 14: Leaves, Section 14.01.C.4.) Section 7.10. Bilingual Pay
The City makes available a bilingual pay program with a stipend of $75 per month, not to exceed $900 per fiscal year, for qualifying employees. To qualify, employees must pass probation and an oral examination and meet all the terms and conditions as established under separate policies and procedures established by the City. The examination shall be administered by the City or a third party selected by the City to administer the examination. The City may establish an in-house testing site, or require an employee to test on his/her own time. The City agrees to pay the cost of testing for all successful applicants. Incidental costs such as travel time and mileage to the third-party test site shall be borne by each applicant.
An employee's continuation in the bilingual program is subject to periodic evaluation and retesting. Periodic evaluations shall be conducted no sooner than 1 year after each employee's original anniversary date in the program, or no sooner than 1 year after the last date of evaluation. An employee receiving bilingual pay who, at any time, fails to cooperate in providing the bilingual service required by the City Manager or his/her department head, shall be subject to suspension or elimination from the bilingual program.
Evaluations are based on the City's bilingual requirements, including need for an employee's bilingual skill, changing skill level requirements, changing demographic needs, the employee's cooperation in providing bilingual service, and ability of the employee to periodically demonstrate skill level through the retesting program. Each employee participating in the bilingual program shall receive a copy of the bilingual policy and any program guidelines, including evaluation guidelines.
Retesting may be conducted at the discretion of the department head or bilingual program administrator. The bilingual program administrator shall be the City Manager or his/her designee. The purpose of retesting is to evaluate skill maintenance by the employee receiving the bilingual stipend. The City will pay the administrative cost for retesting participating employees (excluding mileage and travel time). At the discretion of the City, retesting shall be conducted on City premises or at the administrative office of the thirdparty test administrator.
Employees who received their bilingual education through a City-sponsored grant program shall be ineligible to receive bilingual pay until the grant is reimbursed. An Revised 12/22 Article 7 - Page 14 MPOA
employee can reimburse the City by participating in the bilingual pay program and foregoing receipt of the monthly bilingual allowance until the grant is paid back.
No employee will be eligible to receive multiple bilingual allowances at any one time.
No more than 6 unit members will be eligible for concurrent participation in the bilingual program. The City Manager may, at his/her discretion, approve any level of unit participation beyond 6 members. The department head shall determine the need for bilingual requirements in his/her respective area of responsibility and, when necessary, annually forward to the City Manager or his/her designee the names of employees to be evaluated or tested for participation in the bilingual program. No unit member shall be tested or authorized to receive bilingual pay without the recommendation of the department head.
Notwithstanding the provisions of this section, bilingual pay shall not be paid to any employee hired because he/she possessed bilingual skills or when a recruitment specified that bilingual skills were/are necessary or desirable; and further provided that the bilingual pay program shall end and the payment of bilingual stipends shall cease when a cumulative total of 35 percent or higher of the City's total full-time workforce is bilingual. The bilingual stipend shall not be PERSable to the extent that its exclusion is allowed by CalPERS regulations.
Section 7.11. Training Time
Refer to Article 17: Training Hours
Section 7.12. Repayment of Wages and Expenses Owed
In the event of an overpayment to an employee, the employee shall be obligated to repay the full amount of the overpayment to the City. The City shall support any claim of overpayment with appropriate documentation. If the overpayment occurred over a period of time, and the employee cannot make immediate and full repayment without suffering a verifiable hardship, the City Manager or his/her designee may authorize a repayment schedule (e.g., repaying the amount of the overpayment within the timeframe the overpayment was received). The City reserves the right to recoup such overpayment by any means the City deems reasonable including, but not limited to, deductions from the employee's paycheck.
If, for whatever reason, an employee's personal liabilities, including but not limited to educational fees, fines, clothing expenses, credit card charges, or any expenses of a personal nature are charged to the City, the employee shall be obligated to reimburse to the City the full amount of the charges. The City will support any claim it presents for expenses due with appropriate documentation and payment due shall be reimbursed as soon as practical thereafter. In any event, an employee owing the City money shall pay to the City the full amount due prior to his/her separation from City employment or the City, at its discretion, may deduct the amount due from the employee's final payroll check.
Revised 12/22 Article 7 - Page 15 MPOA
Section 7.13. Return of City Property
In the event an employee leaves City service without returning all City-issued property, the City may deduct from the employee's final paycheck such amount as will fairly compensate the City for the value of the unreturned property. Such deduction is not meant to waive any other rights the City may have regarding obtaining the return of City property or seeking damages for the failure to return such property. This provision does not apply to the Employee Purchase Program (EPP) for computer systems, which is covered under separate agreement between the employee and the City, except that an employee owing the City money as a result of his/her participation in the EPP shall pay to the City the full amount due prior to his/her separation from the City or the City, at its discretion, may deduct the amount due from the employee's final paycheck.
Section 7.14. Compensation/Inelgibility for Additional Pay When on Administrative Leave, Leave of Absence Without Pay or on a Non-Work-Related Medical Leave in Excess of 30 Days.
Whenever an officer or sergeant is on a leave of absence without pay, on a non-workrelated medical leave in excess of 30 days, or placed on paid administrative leave for any of the qualifying allegations of misconduct listed below, employees shall immediately cease earning or receiving additional forms of City compensation including, but not limited to, education grants, acting pay, special additional pay, FLSA and regular overtime, POST Certificate pay, bilingual pay, training pay, uniform allowance and/or any other special pay, until such time he/she resumes his/her full time duties. In the event the officer or sergeant is exonerated or all qualifying allegations against the officer or sergeant are determined to either be “unsustained,” or “unfounded,” the officer or sergeant will recover all forfeited compensation as described above without interest.
Qualifying allegations of misconduct include:
a. Insubordination;
b. Dishonesty;
c. Being under the influence of intoxicants (including alcohol, narcotics, or controlled substances) while on duty;
d. Unlawful use of narcotics or drugs;
e. Bringing unauthorized intoxicants (including alcohol, narcotics, or controlled substances) into, or consuming them in, City facilities or on City Property; f. Violations of City or Departmental Policies, Ordinances, Rules, and Regulations, which include, but are not limited to, unreasonable use of force, unlawful detention, and/or unlawful search and/or seizure;
g. Failure to prepare and/or maintain prescribed records (e.g., concealing, misusing, mutilating, falsifying, or removing);
h. Theft of City property or property of others while on duty or on City property; i. Allegations of a felony or of a misdemeanor involving moral turpitude; j. Falsification of any City report or record (including application forms); Revised 12/22 Article 7 - Page 16 MPOA
k. Outside employment which is incompatible with the employee’s position and which has not been specifically authorized by the Department Head; and l. Other acts and/or violations of federal, state and/or local law which are incompatible with service to the public, including any conduct or behavior, either on or off duty, which causes discredit or would reasonably cause discredit to fall upon the City, its officers, agents, or departments.
Revised 12/22 Article 8 - Page 1 MPOA
ARTICLE 8: MEDICAL, DENTAL, AND OPTICAL BENEFITS
The City makes available to employees a choice of group medical, dental, and optical insurance programs. The City also makes available for employees, through a benefit fund, a monthly contribution toward the premiums for the City's selected health care plans.
An employee may cover eligible dependents under these plans by paying, through a payroll deduction, any premium in excess of that paid by the City. The balance of the City's monthly benefit fund contribution not paid toward employee and dependent premiums for health care coverage will be deposited in a City-sponsored deferred compensation plan (also see Section 8.01).
The nature and extent of insurance coverage provided, as well as the City's contribution toward the benefit fund, will be reviewed periodically by the City Manager, representatives of employee organizations, and the City Council/Personnel Committee. Any costs in excess of the City's agreed-upon contribution will be paid by the employee, including all copayments and deductibles required by the health care provider. The benefit fund contribution is not PERSable; i.e., it is not reported to CalPERS as income for purposes of determining an employee's compensation at any time, or for any employment- or retirement-related benefit or purpose.
Section 8.01. Benefit Fund Contribution; Excess Funds to Deferred Compensation; Medical, Dental, and Optical Insurance
A. Effective December 1, 2022 the City agrees to contribute to a benefit fund at a rate of $1,200 per month, per employee. The City contribution will be directed to the employee-selected medical, dental, and optical plans sponsored/made available by the City. After deductions for medical, dental, and optical insurances, any remaining balance shall be deposited in the City-sponsored deferred compensation program or directed to dependent coverage at the employee's discretion. In the event that excess funds from the benefit fund are available, and the employee is not directing excess funds toward dependent coverage and employee is not participating in a City-sponsored deferred compensation plan, the employee will be automatically enrolled in, and excess funds shall be deposited with, the Great-West Daily Interest Guarantee Fund. Employees may change this investment option by contacting the City's Great-West Retirement Services representative or by going online to the company's website at www.gwrs.com—website changes require a Personal Identification Number (P.I.N.).
Implementation of a benefit fund for active employees shall not change, redefine, alter, or otherwise affect the City's contribution toward retiree-medical insurance or terms of the retiree-medical benefit as provided for in Section 8.03 and/or other relevant sections of this MOU.
In order to maintain Internal Revenue Service bona fide status for City-provided health care plans, there shall be no payroll/income disbursement to the employee of any portion of the City's contribution to the benefit fund.
Revised 12/22 Article 8 - Page 2 MPOA
To satisfy participation requirements imposed by health care providers and brokers of health care plans, and to prevent the negative impact employee dropout would have on premium rates for City-provided health care plans, the City is restricted in its capacity to allow less than 100 percent employee participation; therefore, at a minimum, each employee is required to maintain, or enroll in, "employee-only" coverage for City-provided medical, dental, and optical insurance plans; each employee shall also be responsible for paying any copayment, deductible, emergency room fee, and/or other associated costs related to health care.
B. Effective July 1, 2023, the City agrees to increase the benefit fund contribution from $1,200 per month to $1,300 per month, per employee.
C. Effective July 1, 2024, the City agrees to increase the benefit fund contribution from $1,300 per month to $1,375 per month, per employee.
Section 8.02. COBRA
Under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986, employees and/or their families have the opportunity to temporarily extend health care coverage when the following specific situations occur:
Qualifying Events and Length of Coverage
1. Termination from employment (other than for gross misconduct) - 18 months.
2. Reduction of hours, which results in loss of eligibility - 18 months.
3. Death of an employee - 36 months.
4. Divorce or legal separation - 36 months.
5. Employee becomes eligible for Medicare - 36 months.
6. Dependent child reaches age of majority - 36 months.
Employees and dependents who are not covered under any other group insurance plans may continue coverage under Montclair's group plans in which they are enrolled at the time a qualifying event occurs. If continuation coverage is desired, employees and/or dependents must pay the full premiums, plus a 2 percent administrative fee.
It is the employee's obligation to notify the Administrative Services Department when any of the following occurs:
1. Your marriage is dissolved.
Revised 12/22 Article 8 - Page 3 MPOA
2. You become legally separated from your spouse.
3. A child stops being an eligible dependent under the plan.
4. You and/or an eligible dependent become eligible for Medicare or obtain coverage under another health plan.
Additional requirements and procedures are contained in materials provided to employees at time of initial employment and separation.
Section 8.03. Medical Insurance (Retirees)
A. Eligibility to participate under the terms of this section is not provided for those employees retiring under a disability pensions, except as required by COBRA (also see Section 8.02. COBRA).
B. The City’s contribution/reimbursement limit for a retiree’s medical insurance is defined by the City’s contribution/reimbursement limit in effect on the date of retirement, as established by the MOU in place at the time of the employee’s retirement. Notwithstanding any other provision in this MOU, at no time shall the City’s contribution/reimbursement toward retiree medical exceed the retiree-medical contribution/reimbursement cap in place in the MOU in effect at the time of employee’s retirement.
C. Normal Service Retiree Benefits – Retired on or after July 1, 2019:
1. For the employee with a minimum of 25 years of continuous, full-time service to the City, and having attained the City-established minimum retirement age of 50, the City will reimburse up to $532.16 per month toward premiums paid by the retiree for any medical insurance premium and subject to additional terms as outlined below.
2. If the employee retires on or after the age of 50 (the minimum age of retirement from the City by MOU), but before reaching the age of the retiring employee’s CalPERS retirement formula (e.g., age 57 under the 2.7% @ 57 retirement formula), then the monthly value of the reimbursement shall be up to $332.16 per month, effective upon retirement until the retiree reaches the normal age of the applicable CalPERS retirement formula the employee retired under (e.g., when the employee reaches the age of 57 under the 2.7% @ 57 retirement formula), at which time and upon written request by the retiree to the City, up to $532.16 per month toward the City-provided retiree medical reimbursement amount shall be provided.
3. Upon retirement, the employee is no longer eligible to remain on City-provided health care plans and must obtain his/her own health insurance. The retiree is then entitled to receive a monthly reimbursement for health insurance premiums, Medicare Part A, Part B, or Part C, or toward enrollment in Medicare Revised 12/22 Article 8 - Page 4 MPOA
Advantage (Parts A, B, and C, or as Medicare Advantage is otherwise defined and provided for by Medicare) up to the limits as outlined in Sections 8.03.C.1. and C.2. above. To receive this reimbursement benefit, the retiree must submit the following documentation: (1) a completed Request for Reimbursement; (2) a copy of the health insurance payment slip (and other documentation) verifying that the retiree is covered under that particular health insurance plan; and (3) proof of payment. The Request for Reimbursement, payment slip, and proof of payment must be submitted to the City within 30-days of making such payment.
Failure by the retiree to timely submit a request for reimbursement within 90- days, inclusive of the original 30-days, for which reimbursement should have been applied, shall disqualify the retired employee from eligibility to receive all retiree-medical benefits; however, under extraordinary circumstances, the City Manager may consider agreeing to a 180-day reimbursement grace period, inclusive of the original 30-days for which reimbursement should have been applied. “Extraordinary circumstances” shall be approved by the City Manager, and shall mean to exclusively include an extended hospital stay where the retiree was incapacitated and could not communicate an invoice for reimbursement to the City. An application for “extraordinary circumstances” shall not extend beyond 180 days. Reimbursements will be made to retirees via Automated Clearing House (ACH)/direct deposit only, and any pending reimbursement held by the City and not received by the retiree as a result of the retiree’s failure to set up ACH/direct deposit with the City shall be forfeited after 60 days.
4. Upon retirement, the retiree and/or his/her dependents are not authorized to remain on City-provided dental or optical plans, at which time the retiree and/or his/her dependents may be entitled to COBRA coverage, as provided by law, at the retiree’s sole expense.
D. Except as otherwise provided, a retiree’s medical-retiree benefit shall be fixed with the amount and terms provided in the MOU effective on the date the employee retired.
E. All retiree health care benefits, provided pursuant to this Section, terminate upon the death of the retired employee or as outlined in Section 8.03.C.3. above.
Revised 3/04 Article 9 - Page 1 MPOA
ARTICLE 9: LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE Employees receive, at the expense of the City, $45,000 of life insurance and accidental death and dismemberment insurance. Further, the City makes available to retiring employees the opportunity to continue life insurance benefits (to a maximum of $20,000) under the City's group plan and group rate, at the employees' expense.
Revised 7/09 Article 10 - Page 1 MPOA
ARTICLE 10: LONG-TERM DISABILITY INSURANCE
The City provides long-term disability (LTD) income insurance for employees. This insurance is designed to provide long-term income to an employee off work due to a disability, injury, or illness. Policy provisions may change based on the LTD provider's contract requirements.
A. Nonwork-Related Disability, Injury, or Illness
Long-term disability insurance benefits are payable after 60 consecutive calendar days of total disability (the benefit waiting period) up to a maximum of 66 2/3 percent of the employee's current base salary—predisability earnings reduced by deductible income. The maximum LTD benefit amounts follow:
Current Base Salary/Predisability Earnings Cap Maximum Benefit Amount Police Sergeant: $9,500 per Month $6,333 per Month
Police Officer: $7,500 per Month $5,000 per Month
Prior to the start of the LTD insurance benefit, the City contributes to the eligible employee in the amount of 66 2/3 percent of the employee's base salary for the 41st through the 60th calendar days of the deductible period—that period defined as the first 60 consecutive calendar days that an employee is off work due to a nonoccupational-related disability, injury, or illness. During the first 40 consecutive days of total disability, the employee shall use available sick leave (or other leave time if sick leave is not available) to maintain his/her income and eligibility for Cityprovided benefits. During the 41st through the 60th calendar days of the deductible period, and during the period an employee is eligible to receive LTD insurance benefits, the employee shall use available sick leave (or other leave time if sick leave is not available) to supplement the LTD benefit at full salary.
Long-term disability insurance premiums are paid by the City; therefore, moneys received under this program are reportable as income and are taxable.
Notwithstanding any other statement or provision in this MOU, the LTD benefits— including coverage features, the maximum benefit period, disabilities excluded from coverage, disabilities subject to limited pay periods, and other benefit conditions and exclusions—are defined in the City's LTD insurance policy and may dictate changes, variances, limitations, restrictions, subtractions of salary and benefits, and other requirements that may not be consistent with the provisions contained herein. In each and every instance, terms contained in the LTD policy shall supersede the provisions contained herein.
Revised 7/09 Article 10 - Page 2 MPOA
B. Work-Related Disability, Injury, or Illness
Safety employees who suffer a work-related disability, injury, or illness may be eligible for "4850" time for up to 1 year after the date of disability, injury, or illness.
Temporary disability payments and/or LTD benefits may also be available after a 1- year waiting period from the date of disability, injury, or illness subject to approval of the application for coverage submitted by the employee. In no event, however, shall a safety employee suffering from a work-related disability, injury, or illness be eligible for LTD benefits until the 1-year waiting period has expired or concurrently collect LTD benefits and "4850" time benefits.
Revised 11/17 Article 11 - Page 1 MPOA
ARTICLE 11: RETIREMENT
The City is a member of the California Public Employees’ Retirement System (CalPERS).
All regular, full–time employees are required to become members of the system. For full– time employees, and except as otherwise provided for in this Article, the City pays the required CalPERS employer contribution rate, the Employer Paid Member Contribution Rate (EMPC) to the extent agreed upon by the MOU, and the cost of administration.
Employee contributions in excess of those paid by the City shall be withheld from the employee’s salary up to the amount required by CalPERS, or as required by the provisions of this MOU. It is the combination of the employer and employee contributions that constitutes the total contribution to CalPERS.
For employees hired before January 1, 2013, the City’s agreement with CalPERS provides for a retirement allowance based on each employee’s 12 highest–paid consecutive months of service with the City. CalPERS determines the age and vesting requirements that establish when an employee can retire from the system under normal service or industrial disability retirement. Generally, an employee must be at least 50 years of age with 5 or more years of CalPERS–credited service in order to retire with a normal service retirement through the CalPERS system based on the specific provisions of the service retirement formula in effect for the employee at the time of retirement.
Effective January 1, 2013, the Public Employees’ Pension Reform Act (PEPRA) was implemented, which establishes a new benefit formula and final compensation requirements for employees hired on or after January 1, 2013, who meet the definition of a new member.
The City’s service retirement formulas for employees are as follows but may subject to change based upon new statutory or case law:
1. Employees Hired Before June 27, 2005: Employees are covered by CalPERS “3% @ 50” benefit formula. This plan provides 3 percent of pay at age 50 for each year of service credited with the City.
a. Effective the first full pay period in November 2017, or the first full pay period after ratification, whichever is later, employees will pay 10 percentage points of the total required contribution to CalPERS on a pretax basis. b. Effective the first full pay period in July 2018, the City pays fifty percent (50%) of the normal cost rate to be calculated by CalPERS, and the employee pays fifty percent (50%) of the normal cost rate on a pretax basis to be calculated by CalPERS and the cost of administration.
Revised 11/17 Article 11 - Page 2 MPOA
2. Employees Hired On or After June 27, 2005 and Before January 1, 2013:
Employees are covered by the CalPERS “3% @ 55” benefit formula. This plan provides 3 percent of pay at age 55 for each year of service credited with the City. a. Effective the first full pay period in November 2017, or the first full pay period after ratification, whichever is later, employees will pay 10 percentage points of the total required contribution to CalPERS on a pretax basis. b. Effective the first full pay period in July 2018, the City pays fifty percent (50%) of the normal cost rate to be calculated by CalPERS, and the employee pays fifty percent (50%) of the normal cost rate on a pretax basis to be calculated by CalPERS and the cost of administration.
3. Employees Hired On or After January 1, 2013: Effective January 1, 2013, new members to CalPERS or an agency with CalPERS’ reciprocity and new employees to the City who have a 6-month or greater break in service between employment with the City and employment in a CalPERS (or reciprocal) agency will be subject to the provisions of the Public Employees’ Pension Reform Act of 2013 (PEPRA) and will receive the “2.7% @ 57” benefit formula. This plan provides 2.7 percent of pay at age 57 for each year of service credited with the City. The City pays fifty percent (50%) of the normal cost rate to be calculated by CalPERS, and the employee pays fifty percent (50%) of the normal cost rate on a pretax basis to be calculated by CalPERS and the cost of administration. In addition, new members must be at least 50 years of age with 5 or more years of CalPERS–credited service in order to retire with a normal service retirement through the CalPERS system, and their retirement allowance will be based on the average of their last 3 years of compensation prior to retirement.
Employees not currently or previously enrolled under PEPRA and who are current members of CalPERS or an agency with CalPERS’ reciprocity, or who have less than a 6–month break in service between employment in a CalPERS (or reciprocal) agency, or who have previously been employed by the City of Montclair as a CalPERS member and are required to be enrolled under the formula specified in this paragraph, will be enrolled in the “3% @ 55” formula.
Except as otherwise provided for in this MOU for retiree–medical benefits and CalPERS– related retirement benefits, to retire from the City to be eligible for City–provided retirement benefits other than CalPERS retirement benefits, an employee must be at least 50 years of age with 25 or more years of continuous service to the City and retire with a normal service retirement; e.g. to receive the 25–year–retiree–medical benefit, an employee must be at least 50 years of age and have a minimum of 25 consecutive years of service with the City and retire with a normal service retirement.
If an employee should leave City employment prior to age 50, and is no longer eligible for membership in the CalPERS system, the Employer Paid Member Contribution (EPMC) and Member Contribution (both as calculated by CalPERS) will be paid to the employee Revised 11/17 Article 11 - Page 3 MPOA
by CalPERS after termination. An employee with 5 or more years of CalPERS–credited service may, however, leave the EPMC and member contributions on deposit in the system, with interest, for future withdrawal; however, no further contributions by the employer or member shall be paid into the CalPERS system.
For plans with less than 100 active safety members, CalPERS mandates participation in risk pools based on each qualifying agency’s service retirement formula. Once a plan is in a risk pool, it will not be allowed to leave and become a stand–alone plan. CalPERS mandates certain contract provisions for plans participating in risk pools. Mandated benefits include:
1. Pre–Retirement Optional Settlement 2 Death Benefit – i.e., a death benefit payable to the spouse of an active member eligible to retire, equal to what the spouse would have received if the member retired, elected the 100 percent joint and survivor form of benefit, and then died.
2. The ability for employees who separate under a normal service retirement to convert unused sick leave to retirement service credit, at the employee’s discretion (also see section on “Sick Leave”) – previously available to MPOA members.
3. The ability for members to convert, at their own expense, prior eligible military service and prior eligible public service to CalPERS retirement service – previously available to MPOA members.
4. The cancellation of any remaining payments owed by the member for the purchase of optional service credit upon the employment related disability of the member (i.e., upon industrial disability retirement).
5. Local system service credit included in basic death benefit.
The City also provides safety members with the “Third Level of 1959 Survivor Benefits.” Revised 12/22 Article 12 - Page 1 MPOA
ARTICLE 12: HOLIDAYS
Section 12.01. Holiday Leave
Holiday leave is provided by the City to allow employees the opportunity to celebrate recognized holidays. Except as may otherwise be required for shift personnel, an employee celebrating a City-recognized holiday will not be permitted to use any Cityprovided leave time other than holiday leave. Except as otherwise provided for in this MOU, each employee shall use holiday leave on City-recognized holidays. Holiday leave shall be earned as holidays occur, shall be used in the fiscal year earned, and shall not be carried over to the following fiscal year.
A. Shift Employees
Shift employees shall receive the following days of paid holiday leave each year for a maximum of 104 hours:
New Year's Day (10 hours earned)
Martin Luther King, Jr.'s Birthday (10 hours earned)
Presidents Day (10 hours earned)
Memorial Day (10 hours earned)
Independence Day (10 hours earned)
Labor Day (10 hours earned)
Veterans Day (10 hours earned)
Thanksgiving Day (10 hours earned)
Christmas Eve Day (10/4 hours earned—one-half of the shift labor unit will receive 10 hours off, the other half of the shift labor unit will receive 4 hours off, as determined by the department head) Christmas Day (10 hours earned)
New Year's Eve Day (10/4 hours earned—one-half of the shift labor unit will receive 10 hours off [that part of the workforce that received 4 hours off on Christmas Eve Day], the other half of the shift labor unit will receive 4 hours off, as determined by the department head) B. Nonshift Employees
Nonshift employees shall receive the following days of paid holiday leave each year for a maximum of 104 hours:
New Year's Day (10 hours earned)
Martin Luther King, Jr.'s Birthday (10 hours earned)
Presidents Day (10 hours earned)
Memorial Day (10 hours earned)
Independence Day (10 hours earned)
Labor Day (10 hours earned)
Revised 12/22 Article 12 - Page 2 MPOA
Veterans Day (10 hours earned)
Thanksgiving Day (10 hours earned)
Christmas Eve Day (10/4 hours earned—one-half of the nonshift labor unit will receive 10 hours off, the other half of the nonshift labor unit will receive 4 hours off, as determined by the department head) Christmas Day (10 hours earned)
New Year's Eve Day (10/4 hours earned—one-half of the nonshift labor unit will receive 10 hours off [that part of the workforce that received 4 hours off on Christmas Eve Day], the other half of the nonshift labor unit will receive 4 hours off, as determined by the department head)
In the event any of these holidays fall on a Sunday, the following Monday shall be considered as the holiday. If a scheduled holiday should fall on a Friday or Saturday, the preceding Thursday shall be considered as the holiday, or applicable hours shall be credited to the employees' holiday banks. The City Manager may change the holidays on Christmas Eve and New Year's Eve to the working day immediately preceding or following the working day on which Christmas Day and/or New Year's Day will be celebrated.
In the event that the City returns to a 5-day, 40-hour workweek, Lincoln's Birthday, Columbus Day, and Friday After Thanksgiving Day will be reinstated as 8-hour holidays; Christmas Eve and New Year's Eve will be converted back to 4-hour holidays; and all other recognized holidays will be converted back to 8-hour holidays.
If, for reasons of protecting the public safety or welfare, or upon approval of the City Manager, any nonshift employee is required to work on a City-recognized holiday, earned holiday hours shall be credited to the employee's holiday accrual bank. Earned holiday hours credited to the holiday accrual bank shall be equal to the actual time worked by the employee, but not greater than the maximum number of hours earned for the holiday.
Shift employees whose regular work schedules preclude them from celebrating holidays on the designated days, shall have credited to their holiday accrual banks 10 hours for each full-day City holiday in lieu of holiday pay, and 14 hours for the combined holidays of Christmas Eve and New Year's Eve in lieu of holiday pay.
Employees leaving City service with accrued holiday leave shall be paid the amount of accrued holiday hours to the date of termination. Payment for accrued holiday time shall be at the employee's current hourly rate of pay.
Section 12.02. Holiday Accrual Bank
For those employees whose regular work schedules preclude them from celebrating Cityrecognized holidays on the designated days, a holiday accrual bank shall be used for recording earned holiday hours. The maximum amount of holiday hours to be accrued during any fiscal year shall not exceed 104. Holiday leave shall be used in the year it is Revised 12/22 Article 12 - Page 3 MPOA
earned and shall not be carried over to the following fiscal year. On July 1 of each year, any remaining holiday leave accrual from the previous fiscal year will be forfeited. Holiday leave taken on a day other than an actual City-recognized holiday shall be granted at the discretion of the department head.
Employees leaving City service with accrued holiday leave shall be paid the amount of accrued holiday hours to the date of termination. Payment for accrued holiday time shall be at the employee's current hourly rate of pay.
Section 12.03. Holiday Pay Option
A. Nonshift Employees
In June of each year, and in lieu of time off for accrued holiday hours, the City will buy back from each nonshift employee up to 40 accrued holiday hours from the holiday accrual bank at the employee's hourly rate of pay in effect at the time of the buyback. All other holiday hours accrued shall be used in the fiscal year earned.
Time off for accrued holiday leave shall be granted at the discretion of the department head. Holiday leave not used or sold back to the City in the year it is earned will be forfeited.
B. Shift Employees
In June of each year, and in lieu of time off for accrued holiday hours, the City will buy back from each shift employee up to 104 accrued holiday hours from the holiday accrual bank at the employee's hourly rate of pay in effect at the time of the buyback.
Time off for accrued holiday leave shall be granted at the discretion of the department head. Holiday leave not used or sold back to the City in the year it is earned will be forfeited.
Revised 2/15 Article 13 - Page 1 MPOA
ARTICLE 13: VACATION
Section 13.01. Vacation Leave
A. Full-time, regular employees shall be eligible for annual vacation leave as follows:
Maximum
Continuous City Hourly Biweekly/ Allowable
Service Annual Accrual Accrual
0-5 years (0-60 months) 3.08 hours/80 hours 160 hours
6-10 years (61-120 months) 4.62 hours/120 hours 240 hours 11-20 years (121-240 months) 6.15 hours/160 hours 320 hours 21+ years (241+ months) 7.69 hours/200 hours 400 hours
B. Vacations may be taken only after completion of 6 months of continuous service.
C. Vacations may not be accumulated in excess of 2 times the amount accrued in any 1 year. Upon reaching the maximum allowable vacation accrual (based on years of service to the City), an employee will no longer earn additional vacation time until the vacation balance falls below the maximum allowable accrual. However, no employee shall lose earned vacation time because of the urgency of work.
D. The time at which an employee may use vacation leave shall be determined by the department head with particular regard for the City's needs, but also, insofar as possible, considering the employee's wishes.
E. If a holiday recognized by the City falls within the vacation period, it shall not be counted as a day of vacation.
F. Employees may not work their vacation and receive double compensation for their work.
G. Employees leaving City service with accrued vacation leave shall be paid the amount of accrued vacation hours to the date of termination. Payments for accrued vacation time shall be at the employee's current rate of pay.
Section 13.02. Vacation Buyback Option
Employees are eligible to convert City-provided vacation-leave hours to IRS reportable compensation each fiscal year. Leave time converted to compensation is not PERSable.
When employees convert vacation leave to compensation, a written request must be submitted to the City Manager/Personnel Committee for approval. Approved requests will be forwarded to the Finance Division for conversion of vacation leave to reportable compensation.
Revised 2/15 Article 13 - Page 2 MPOA
Only that portion of an employee's accumulated vacation that is in excess of his/her annual accumulation rate can be converted to reportable compensation; provided, however, that the amount of vacation leave that can be converted to reportable compensation shall not exceed 60 hours annually.
Revised 12/22 Article 14 - Page 1 MPOA
ARTICLE 14: LEAVES
Section 14.01. Sick Leave
A. Accrual and Use of Sick Leave Hours
Employees shall accrue annual sick leave. Such leave shall not be considered a benefit that an employee can use at the employee's discretion, but shall be allowed only in the following cases: (1) actual sickness or disability of the employee; (2) medical and dental appointments; or (3) illness of a person in the employee's immediate family as provided for in this section.
Notwithstanding any definition or provision in this MOU, members of "immediate family" shall be defined as follows:
1. The employee and any lawful relative, by blood, marriage, domestic partnership, or legal status (including adoption or guardianship) who is currently a member of the employee's household (those who legally dwell together under the same roof as a family)—provided no judicial decree has divested the employee of his/her statutory relationship to any member of the household and the parent, grandparent, sibling, or child of the employee by blood or legal status, regardless of residence—provided no judicial decree has divested the employee of his/her statutory relationship to any of the aforementioned.
2. The parent, grandparent, sibling, or child of the employee's current legal spouse/domestic partner, by blood or legal status, regardless of residence—provided no judicial decree has divested the spouse/domestic partner of his/her statutory relationship to any of the aforementioned.
Further provided that the purpose of sick leave is to allow the employee time off to care for himself/herself during an illness or to directly provide primary responsibility for the care of the member of the employee's immediate family who is suffering from a serious health condition (an illness, injury, impairment, or physical or mental condition that involves continuing treatment by a health care provider) that significantly prevents a minimal level of self-care, that such time off shall include only incidental and minimal travel time related to the care of the ill person, and that such time shall be preapproved in writing by the department head.
Sick leave accrual shall begin on the first day of employment on the basis of 8 hours' pay for every completed full month of service. Employees shall accrue a maximum total of 96 hours of sick leave per year. Sick leave is credited biweekly through the payroll system, and may be taken after completing 2 months of service. The department head or designee shall have the option of requesting a doctor's Revised 12/22 Article 14 - Page 2 MPOA
certificate if an employee is absent for more than 3 consecutive days, or 3 consecutive shifts, on sick leave; in the case of suspected sick leave abuse (e.g., pattern of absences on the first or last days of the workweek or pay period, or the day before/after a holiday; a history of exhausting available sick leave each year; etc.); or where the employee's fitness for duty is in question.
Except as otherwise provided for in item "C" of this section, accumulated sick leave is forfeited upon termination.
The City may credit an employee who is coming from another governmental agency with one-half of the employee's accumulated sick leave, up to a maximum of 240 hours. The purpose of this provision is to facilitate lateral recruitment of experienced employees to the City.
Effective March 1, 2015, classifications represented by MPOA may accrue sick leave up to a maximum 1,000 hour sick leave accrual cap.
B. Annual Sick Leave Redemption Program
Sick leave may be accumulated indefinitely, or an employee may exercise the following option once a year (this option to be exercised automatically by the City unless otherwise advised by the employee): In order to encourage regular attendance at work, an employee may, during the month of December, convert onehalf of the unused sick leave hours accrued during the preceding "accrual period" (December 1 through November 30), up to a maximum of 48 hours, to cash, computed using the base salary rate in effect on November 30 of the calendar year in which the conversion is applicable. The balance of remaining sick leave time will be credited to the employee's sick leave accrual account. The above plan applies only to:
1. Persons having been employed on a full-time basis with the City for the 2 years that immediately precede December 1 of each year; and
2. Employees who accrued and maintained a minimum of 1 year's accrued sick leave (96 hours) prior to December 1 of the preceding year (the accrual period); and
3. Effective July 1, 2006, employees who, in the 12-month period that immediately precedes December 1 of each year (the accrual period) did not use, either separately or in combination, sick leave, FMLA, IOD, LTD, pregnancy leave, administrative leave, and/or leave without pay that, in total, is greater than 94 hours.
Employees who have reached the 1,000 hour sick leave cap during the accrual period will remain eligible to participate in the Sick Leave Redemption Program as set forth in this section. These employees will be eligible to convert one-half of the Revised 12/22 Article 14 - Page 3 MPOA
unused sick leave hours that they would have been eligible to accrue before reaching the cap during the preceding “accrual period” (December 1 through November 30), up to a maximum of 48 hours, to cash, computed using the base salary rate in effect on November 30 of the calendar year in which the conversion is applicable.
C. Redemption of Sick Leave Hours Upon Retirement
Employees retiring from the City under a normal service retirement as established under the terms of this MOU may redeem unused sick leave at the time of retirement by selecting one of the conversion methods authorized in this subsection—all conversions are computed using the base pay in effect for the applicable conversion period. Credited sick leave from another agency will be deducted from a retiring employee's total sick leave accumulation for the purpose of calculating the redemption. To qualify for use of this benefit, an employee must have at least 25 years of continuous service with the City [15 years for those employees grandfathered under the 15-year retiree-medical benefit (also see Section 8.03.
Medical Insurance (Retirees). A. Fifteen-Year Retiree-Medical Benefit)] and be at least 50 years of age or, in the case of option "C.3." of this subsection, be within 1 or more of the 3 calendar years ending prior to the calendar year of his/her planned Normal Retirement Age (NRA).
1. Unused sick leave may be redeemed during the final pay period prior to retirement for a lump-sum cash settlement paid at the rate of 2 hours of accumulated sick leave redeemed for 1 hour of wages at the employee's current base rate of pay. Applicable payroll taxes would apply.
2. The City's CalPERS contract provides an option for normal service retirees to receive additional time-in-service credit by converting sick leave at the rate of 8 hours of sick leave accrual for .004-year-of-service credit.
3. Pursuant to federal and state law and the City’s deferred compensation plan, employees may take advantage of the 457 Deferred Compensation Plan "Catch-Up" provisions and allowances as defined in the City's Great West 457 Plan document. Employees may not make "Special Section 457 Catch-Up" contributions in the year they attain their Normal Retirement Age (NRA).
To the extent allowed by federal and state law and the City's deferred compensation plan, the City will allow, in 1 or more of the 3 calendar years ending prior to the calendar year of an employee's planned NRA (or alternate NRA), the conversion of accrued sick leave at a rate of 2.25 hours for 1 hour of cash contribution, at the employee's base rate of pay in effect at the time of conversion, to the City's 457 Deferred Compensation Plan.
Sick leave conversion contributions for the "457 Catch-Up" will normally be distributed over the 3 calendar years ending prior to the calendar year of an Revised 12/22 Article 14 - Page 4 MPOA
employee's planned NRA (or alternate NRA). However, based on the total amount of "457 Catch-Up" contributions available to the employee, accumulated sick leave hours, and the employee's designated NRA (or alternate NRA), "457 Catch-Up" contributions may occur over a shorter period of time prior to retirement; in no event, however, shall any contribution occur in the year the employee attains his/her NRA.
To be eligible to participate, the employee must be within 1 or more of the 3 calendar years ending prior to the calendar year of his/her planned NRA (or alternate NRA), have "457 Catch-Up" privileges available to him/her, be enrolled in the City-sponsored 457 Deferred Compensation Plan, and maintain a minimum of 192 hours of sick leave in his/her accrual account after conversion during each year of participation. For purposes of this paragraph only, sick leave hours used for the "457 Catch-Up" shall be the first earned with respect to accumulation. Contributions made pursuant to this paragraph shall be reported as City contributions and shall not be fully vested with the employee until the actual date of retirement. (For additional deferred compensation policies and restrictions, also see Article 7: Compensation, Section 7.08.
Deferred Compensation Plan.)
An employee leaving City service by means other than normal service retirement shall be required to reimburse to the City all cash contributions to the deferred compensation plan that were converted from accrued sick leave; reimbursement to be enforced by agreement with the administrator of the Citysponsored deferred compensation plan. In the event that such action for reimbursement cannot be effected through the deferred compensation plan administrator, the employee grants to the City the right to withhold payment on other leave balances due to the employee at the time of separation. The City retains the right to pursue other legal remedies appropriate to recovering disbursed moneys. Moneys not recovered by the City shall be reported to the Internal Revenue Service as a benefit conversion to cash subject to personal income taxes.
It is the employee's responsibility to select one of the options defined herein and notify the Administrative Services Department of his/her choice in a timely manner sufficient to allow implementation. If option "C.3." is selected, remaining sick leave in the employee's accrual bank will be converted to a cash settlement in the final pay period prior to retirement pursuant to the provisions contained in option "C.1." Section 14.02. Bereavement Leave
In the event a death occurs in an employee's immediate family, the employee shall be granted no more than 40 hours of bereavement leave with pay to attend the funeral and/or make arrangements regarding the funeral. Members of "immediate family" shall be defined as any lawful relative, by blood, marriage, domestic partnership, or legal status (including adoption or guardianship) who is currently a member of the employee's Revised 12/22 Article 14 - Page 5 MPOA
household (those who legally dwell together under the same roof as a family)—provided no judicial decree has divested the employee of his/her statutory relationship to any member of the household; the parent, grandparent, child, grandchild, or sibling of the employee by blood or legal status, regardless of residence—provided no judicial decree has divested the employee of his/her statutory relationship to any of the aforementioned; or the parent, grandparent, child, grandchild, or sibling of the employee's current legal spouse/domestic partner, by blood or legal status, regardless of residence—provided no judicial decree has divested the spouse/domestic partner of his/her statutory relationship to any of the aforementioned.
All bereavement leave requires prior approval by the department head.
Section 14.03. Family and Medical Care Leave
A. Statement of Policy
In accordance with the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), the City will provide family and medical care leave and military family leave for eligible employees, as defined.
B. Definitions
1. 12-Month Period
A rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
2. Child
A person under 18 years of age, or a person 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster, or step-child; a legal ward; the child of a domestic partner; or a child of a person standing in loco parentis (in place of a parent).
A child is "incapable of self-care" if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living—such as, caring for, grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
Revised 12/22 Article 14 - Page 6 MPOA
3. Parent
The biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. The term does not include parents-in-law.
4. Spouse
A husband, wife, or domestic partner as defined or recognized under California law.
5. Servicemember’s “Next of Kin”
A covered servicemember’s “next of kin” is the servicemember’s nearest blood relative, other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority:
a. Blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions;
b. Brothers and sisters;
c. Grandparents;
d. Aunts and uncles;
e. First cousins; and,
f. Another blood relative specifically designated by the covered servicemember for the purpose of military caregiver leave under FMLA.
6. Serious Health Condition
An illness, injury, impairment, or a physical or mental condition that involves one of the following events:
a. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or
b. Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following situations:
Revised 12/22 Article 14 - Page 7 MPOA
1. A period of incapacity (i.e., inability to work or
perform other regular daily activities) due to a
serious health condition of more than
3 consecutive calendar days, and any
subsequent treatment or period of incapacity
relating to the same condition that also involves
the following events:
Treatment two or more times by a health
care provider, by a nurse or a physician's
assistant under direct supervision by a
health care provider, or by a provider of
health care services (e.g., a physical
therapist) under orders of, or on referral by,
a health care provider; or
Treatment by a health care provider on at
least one occasion which results in a
regimen of continuing treatment under the
supervision of the health care provider. This
includes, for example, a course of
prescription medication or therapy requiring
special equipment to resolve or alleviate the
health condition. If the medication is overthe-counter and can be initiated without a visit to a health care provider, it does not
constitute a regimen of continuing treatment.
2. Any period of incapacity due to pregnancy or for
prenatal care.
3. Any period of incapacity or treatment for such
incapacity due to a chronic serious health
condition. A chronic serious health condition is
one that falls into the following categories:
Requires periodic visits for treatment by a
health care provider, or by a nurse or
physician's assistant under direct
supervision of a health care provider;
Continues over an extended period of time,
including recurring episodes of a single
underlying condition; and
Revised 12/22 Article 14 - Page 8 MPOA
May cause episodic rather than a continuing
period of incapacity (e.g., asthma, diabetes,
and epilepsy). Absences for such incapacity
qualify for leave even if the absence lasts
only 1 day.
4. A period of incapacity which is permanent or
long-term due to a condition for which treatment
may not be effective. The employee or family
member must be under the continuing
supervision of, but need not be receiving active
treatment by, a health care provider.
5. Any period of absence to receive multiple
treatments, including any period of recovery
therefrom, by a health care provider or by a
provider of health care services under orders of,
or on referral by, a health care provider, either
for restorative surgery after an accident or other
injury, or for a condition that would likely result
in a period of incapacity of more than 3
consecutive calendar days in the absence of
medical intervention or treatment.
7. Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the armed forces, including the National Guard or Reserves, in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the armed forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his/her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
8. Health Care Provider
Anyone in one or more of the following occupations:
Revised 12/22 Article 14 - Page 9 MPOA
a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treat or supervise treatment of a serious health condition;
c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct subluxation as
demonstrated by X-ray to exist) authorized to practice in California or performing within the scope of their practice as defined under California law;
d. Nurse practitioners, nurse midwives, and clinical social workers who are authorized to practice under California law and who are performing within the scope of their practice as defined under California law;
e. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
f. Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
C. Reasons for Leave
1. Leave is only permitted for the following reasons:
a. The birth of a child or to care for a newborn of an employee; b. The placement of a child with an employee in connection with the adoption or foster care of a child;
c. Leave to care for a child, parent, or a spouse who has a serious health condition; or
d. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. e. Leave because of a qualifying exigency arising out of the fact that a child, spouse, or parent is on active duty or call to active duty status in support of a contingency operation as a member Revised 12/22 Article 14 - Page 10 MPOA
of the armed forces, including the National Guard or Reserves; or
f. Leave because of a serious injury or illness of a child, spouse, parent, or next of kin who is a covered servicemember.
2. Except as otherwise provided for in this MOU (also see Article 35: Outside Employment), no employee shall engage in, seek, pursue, or otherwise use FMLA leave time for outside employment, or otherwise obtain FMLA leave by fraudulent means. An employee seeking, pursuing, or otherwise engaging in outside employment while on FMLA leave, or otherwise obtaining FMLA leave by fraudulent means shall be subject to disciplinary action, up to and including discharge from City employment.
D. Employees Eligible for Leave
An employee is eligible for leave if the employee:
1. Has worked for the City for at least 12 months; and
2. Has worked for the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
E. Amount of Leave
Eligible employees are entitled to a total of 12 workweeks of unpaid leave during any 12-month period. As of January 2008, FMLA was amended to include a special leave entitlement that permits eligible employees to take up to 26 weeks of unpaid leave to care for a covered servicemember during a single 12-month period. No more than 26 workweeks of leave may be taken within any single 12-month period.
1. Minimum Duration of Leave
If leave is requested for the birth, adoption, or foster care placement of a child of the employee, leave must be concluded within 1 year of the birth or placement of the child. In addition, the basic minimum duration of such leave is 2 weeks. An employee, however, is entitled to leave for one of these purposes (e.g., bonding with a newborn) for a least 1 day, but less than 2 weeks duration on any 2 occasions.
If leave is requested to care for a child, parent, spouse, or the employee himself/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with.
Revised 12/22 Article 14 - Page 11 MPOA
2. Spouses Both Employed by the City
In any case in which a husband and wife, or domestic partners, both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12- month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave), and the aggregate number of workweeks of leave to which both may be entitled may be limited to 26 workweeks in a single 12-month period to care for a covered servicemember.
This limitation does not apply to any other type of leave under this policy.
F. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the preceding benefit plan by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave, or because of circumstances beyond the employee's control.
The City shall have the right to recover premiums through deduction from any sums due the City (e.g., unpaid wages, vacation pay, etc.).
G. Substitution of Paid Accrued Leaves
If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave and compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act) in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave under this policy.
Notwithstanding the above, if an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave.
If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, non-FMLA/CFRA leave shall run concurrently with the employee's 12-week FMLA/CFRA leave entitlement. This provision shall not, however, apply to peace officers who are on leave pursuant to Labor Code Section 4850.
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City Revised 12/22 Article 14 - Page 12 MPOA
denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA qualifying, the employee shall exhaust accrued leaves as described above.
H. Medical Certification
Employees who request leave for their own serious health condition, or to care for a child, parent, or a spouse who has a serious health condition, must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position.
1. Time to Provide Certification
When an employee's leave is foreseeable and at least a 30-day notice has been provided, if a medical certification is requested by the City, the employee must provide it before the leave begins. When 30 days' notice is not possible, the employee must provide the requested certification to the City within 15 days of the request from the City, unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good- faith efforts.
2. Consequences of a Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided.
3. Questions Regarding the Validity of a Certification
a. Employee's Own Serious Health Condition
If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinion when there is a recertification.
Revised 12/22 Article 14 - Page 13 MPOA
b. Serious Health Condition of a Family Member
The certification for a family member will be deemed sufficient if it includes all of the following:
1. The date on which the serious health condition
commenced;
2. The probable duration of the condition;
3. An estimate of the amount of time that the health care provider believes the employee needs to care for the
individual requiring the care; and
4. A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care.
4. Recertification
Upon expiration of the time period which the health care provider originally estimated that the employee needed for his/her own serious health condition, the City may require the employee to obtain recertification if additional leave is requested.
5. Intermittent Leave
If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can be best accomplished through an intermittent or reduced leave schedule.
I. Employee Notice of Leave
If possible, an employee must provide at least 30 days' advance notice for foreseeable events, such as the expected birth of a child or planned medical treatment for the employee or family member. For events which are unforeseeable, the employee must notify the City, at least verbally, as soon as he/she learns of the need for the leave.
The employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to the City's operations. Any such scheduling, however, shall be subject to the approval Revised 12/22 Article 14 - Page 14 MPOA
of the health care provider of the employee or the employee's child, parent, or spouse.
If an employee fails to give 30 days' notice for a foreseeable leave with no reasonable excuse for the delay, the City may delay the taking of FMLA leave until at least 30 days after the date the employee provides notice to the City of the need for FMLA leave.
J. Reinstatement Upon Return from Leave
1. Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment and salary step held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within 2 business days, where feasible, after the employee notifies the City of his/her readiness to return.
2. Employee's Obligation to Periodically Report on His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
3. Fitness-for-Duty Certification
As a condition of restoration of an employee whose leave was due to the employee's own serious health condition, not intermittent, and which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
K. Required Forms
Employees must fill out the following applicable forms to be eligible for leave under this policy:
Revised 12/22 Article 14 - Page 15 MPOA
1. "Family Care/Medical Leave Request Form" provided by the City (employees will receive a response to their request from the City, which will set forth certain conditions of the leave);
2. Medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent, or spouse;
3. Authorization for payroll deductions for benefit plan coverage continuation;
4. Fitness-for-duty certification to return from leave;
5. Certification of Qualifying Exigency for Military Family Leave; and
6. Certification for Serious Injury or Illness of Covered Servicementer for Military Family Leave.
Section 14.04. Pregnancy Leave
A. Except as provided herein, an employee disabled because of pregnancy, childbirth, or a related medical condition shall be entitled to the same benefits as are provided to other employees who are temporarily disabled for medical reasons.
B. An employee disabled because of pregnancy, childbirth, or a related medical condition shall be entitled to take up to 4 months of leave of absence due to such disability. The employee may utilize any accrued vacation time or other paid leave during the otherwise unpaid portion of any pregnancy leave.
C. Any employee who plans to take any pregnancy disability leave shall give the City reasonable notice of the date the leave will commence and the estimated duration of any leave.
1. The City reserves the right to require written confirmation from the employee's physician or other licensed health care practitioner that she is or will be disabled by pregnancy, childbirth, or related medical conditions before granting pregnancy disability leave.
2. The City reserves the right to require written verification from the employee's physician or other licensed health care practitioner that her disability has ceased before the employee returns to work.
D. When the employee is ready to return from pregnancy leave (of 4 months or less, or such additional time as provided by the CFRA), the employee shall be entitled to return to her original position unless either:
Revised 12/22 Article 14 - Page 16 MPOA
1. The job ceases to exist because of legitimate business reasons unrelated to the employee's pregnancy disability leave; or
2. Each means of preserving the job for the employee would substantially undermine the City's ability to operate safely and efficiently.
If the employee cannot return to her original position because of either of the foregoing reasons, she shall be entitled to a substantially similar position unless either:
1. There is no substantially similar position available; or
2. A substantially similar position is available, but filling the available position with the returning employee would substantially undermine the City's ability to operate safely and efficiently.
E. When a female employee returns from pregnancy leave, the City will provide a reasonable amount of break time to accommodate the employee desiring to express breast milk for an employee's infant child. Any time required to express breast milk beyond the employee's normal break time is unpaid. The City will also make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private (also see Article 42: Lactation Accommodation).
Section 14.05. Jury Duty
Employees requested to serve on jury duty shall notify their immediate supervisor, who shall in turn notify the department head. While serving on jury duty, an employee shall receive regular salary from the City and, also, shall remit to the City all per-diem compensation received as a result of serving on jury duty, excluding per diem received by the employee while serving jury duty on a day other than a regularly scheduled workday, and excluding mileage reimbursement when an empoloyee uses a personal vehicle. In cases where the employee's personal car is used to attend jury service and mileage reimbursement is provided by the court of jurisdiction, such reimbursement need not be remitted to the City; in the event a City-provided vehicle is used, mileage reimbursement shall be remitted to the City. The City does not provide mileage reimbursement for jury duty.
In appropriate cases, the City may request that an employee be excused from serving on jury duty because the employee's duties are such that it would be in the best interests of the City to request such an exemption. The City Manager will request an exemption in only special circumstances that are permitted by law and, in the City Manager's judgment, warrant this action.
Revised 12/22 Article 14 - Page 17 MPOA
Section 14.06. Military Leave
After 1 year of employment with the City, and except as otherwise provided for by action of the City Council as noted below, employees shall be eligible for up to a maximum of 30 days' paid annual military leave, as specified by the California Military and Veterans' Code. Employees anticipating taking military leave must submit a written request to the City Manager, with a copy of orders attached, at least 2 weeks prior to the first day of leave. Employees employed less than 1 year shall receive a leave of absence without pay.
In accordance with Montclair's Resolution No. 01-2364, and notwithstanding existing military leave provisions, the following military leave benefits are provided by the City.
Continuation of wages, in whole or in part, for employees ordered to active military duty does not obligate the City to pay for the following: medical, dental, optical, or life insurance; Workers' Compensation; or other claims related to death, illness, or injury incurred or aggravated during active military service.
A. Wages
For a period not to exceed 180 cumulative days in any 1 calendar year, military reservists employed by the City and ordered to military duty shall continue to receive his/her monthly wages from the City, provided that such wages are based on the employee's step rate and job classification at the time military duty began; and further provided that, after the first 30 calendar days of military service, combined monthly earnings for City and military service shall not exceed the employee's base monthly gross earnings with the City. Earnings for military service shall include base wages and all supplemental payments, including, but not limited to, the following allowances: housing, temporary duty, hazardous duty, combat, and flight pay. An employee ordered to military duty shall provide to the City copies of his/her monthly military pay statements for the purpose of verifying earnings for military service and calculating wages due from the City. Such wages shall be paid in arrears for the military pay period just ending.
B. Health Care Coverage
An employee ordered to active military duty is covered immediately by the military's health care system, and the employee's dependents are provided health care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).
However, an employee on military leave may elect to continue health care coverage through the City for a maximum period of 18 months, as provided for under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). An employee who elects to continue such coverage while on active military duty shall be charged 102 percent of the full premium under the plan associated with such coverage. In the case of military reservists whose coverage under the employer health plan was terminated by reason of military service, the City will not impose an exclusion or Revised 12/22 Article 14 - Page 18 MPOA
waiting period in connection with the reinstatement of employer-provided health care coverage.
C. Leave Accrual
After the first 30 days of active military service in any one calendar year, employees shall not accrue City-paid vacation, holiday, or sick leave benefits or other forms of paid leave; provided, however, that any public employee on military leave for intermittent training periods shall continue to accrue the same vacation, sick, and holiday leave up to a maximum period of 180 cumulative days per calendar year as if the employee had not been on military leave.
D. Retirement Benefits
Retirement benefits continue to accrue for employees on military leave for training and for active duty up to a maximum period of 180 cumulative days per calendar year.
E. Other Benefits/Supplemental Pay
After the first 30 days of active military service, employees shall not be eligible to earn or receive other forms of City compensation including, but not limited to, education grants, acting pay, special additional pay, FLSA and regular overtime, deferred compensation, bilingual pay, training pay, life insurance, health insurance, and uniform allowance.
F. Reemployment Rights
Employees returning from military leave are entitled to reemployment rights if the following criteria are met:
1. Advance written notice of such military service is provided to the City;
2. The cumulative length of all absences from the City for reasons of military service does not exceed 5 years, unless otherwise provided for by law; and
3. The returning employee on active military duty for less than 31 consecutive days submits a written request for reemployment no later than the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of military service; and no less than 14 days after the completion of service for an employee on active duty for more than 30 days but less than 181 days.
Revised 12/22 Article 14 - Page 19 MPOA
Section 14.07. Leaves of Absence Without Pay
Leaves without pay may be granted in cases where such absence would not be contrary to the best interest of the City. Such leave is not a right but a privilege granted for extraordinary reasons, and shall not exceed 12 months.
An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave time while on such leave. All leaves without pay shall be approved by the City Manager.
An employee returning to work from leave without pay shall be placed on the salary step achieved prior to such leave. If the leave exceeds 2 biweekly pay periods, the employee's anniversary date shall be postponed by the number of days of the leave.
Section 14.08. Injury on Duty/Workers' Compensation
California Workers' Compensation Law, a no-fault insurance plan paid for by the City and supervised by the state, covers an employee's medical expenses and salary while off work due to a job-related injury or illness. This protection begins immediately upon being hired by the City, and applies to first-aid-type injuries as well as serious accidents and illness.
A. Benefits
Specifically, the California Workers' Compensation Law guarantees an employee three kinds of benefits:
1. Medical care to cure the injury or illness, with no deductibles.
2. Rehabilitation services necessary to get an employee back to work.
3. Cash payments to replace lost wages; additional payments are made if the injury or illness is serious or results in death.
These benefits are established by the California Legislature, and the amount of cash payments as well as when and how they will be paid are part of state law. Only the state Legislature can change the amounts.
As a supplement to Workers' Compensation payments, if a nonsafety employee is unable to work for 3 or more calendar days, full salary continuance will be paid by the City for a maximum of 30 calendar days following an injury. Montclair will also coordinate Workers' Compensation payments with an employee's sick leave and vacation balances, to provide full salary continuance for as long a period as possible.
Revised 12/22 Article 14 - Page 20 MPOA
If a safety employee is unable to work for 3 calendar days, full salary continuance will be paid by the City for a period of up to 1 year. Workers' Compensation wages (4850 time) paid to safety employees are fully exempt from income tax.
Montclair is self-insured for Workers' Compensation. All doctor bills, hospital expenses, etc., will be paid directly by the City's Workers' Compensation administrator on the City's behalf.
B. Reporting Requirements
Prompt reporting is the key to receiving Workers' Compensation benefits in a timely manner. A work-related injury or illness should be reported to an employee's supervisor immediately. Supervisors act as Montclair's agent(s); therefore, notice to a supervisor of an injury or illness is viewed by law as notice to the employer, and failure by the supervisor to follow through with an accident report and/or direction for medical aid could place the City in a penalty situation.
Claims are established by Montclair's Workers' Compensation administrator, upon notification of injury or illness, usually through the "Employer's Report of Occupational Injury or Illness" form and the "Workers' Compensation Claim Form (DWC 1)." These two forms are completed only if an employee obtains medical attention; in cases of first-aid-type injury or illness or damage to City equipment, only Montclair's "Supervisor's Report of Accident" form is required. Occupational illness or injury should also be immediately reported to the Administrative Services Department. Most claims, if handled promptly and properly, will be resolved successfully and efficiently.
C. Medical Treatment
Of first priority is treatment of the injured employee, if immediate medical care is required. In the case of questionable claims, where immediate medical treatment is not necessary, contact the Administrative Services Department for a determination.
Procedures for obtaining medical treatment for work-related injury or illness are as follows:
1. First-aid-type illness or injury can be treated at the Human Services Division clinic.
2. For more extensive injury or illness, supervisors are to contact the Administrative Services Department for scheduling of a doctor appointment.
3. In emergency situations, employees may report to the emergency room at Montclair's hospital, or another medical facility if closer, in order to obtain the best treatment available. After receiving medical care, injury or illness should be reported to a supervisor as quickly Revised 12/22 Article 14 - Page 21 MPOA
as possible, so necessary follow-up examinations can be scheduled by the Administrative Services Department.
4. In cases where an employee does not realize an injury or illness has occurred until several hours or days after an incident, the employee should notify the immediate supervisor and the City will make a determination as to the appropriate procedure for treatment. If, however, an employee first realizes a work-related injury or illness has occurred on a weekend, holiday, or after normal work hours, and feels immediate medical attention is required, the employee may go to a free-choice physician or facility and report the incident to a supervisor on the first City working day thereafter.
5. If, for any reason, an employee wishes to change doctors, contact the Administrative Services Department. Montclair is as interested as you are in your prompt recovery and return to work!
6. Thirty days after reporting an injury or illness, employees may choose their own doctor. Report your choice of physicians to the Administrative Services Department as soon as you make it, so bills will be paid promptly.
7. Employees have the right to predesignate a treating physician to provide care in the event of an on-the-job injury or illness; however, the Administrative Services Department must be notified of the physician's name, in writing, before the injury or illness occurs.
Designated physicians must be the employee's regular physician, maintain the employee's medical records, and be in accordance with California Labor Code, Section 4600, Note 73.
8. In the case of severe injury, illness, or death, the Administrative Services Department must be notified immediately.
Revised 2/16 Article 15 - Page 1 MPOA
ARTICLE 15: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS The standard workday for full-time employees shall be 10 hours and the standard workweek shall be 40 hours. Modifications to the standard workday (for example, an 8- hour or 12.5-hour workday) may be implemented by the department head, subject to approval by the City Manager or designee and subject to provisions contained in this Article and any other relevant sections of this MOU.
For purposes of implementing FLSA, Section 7(k) and determining eligibility for regular overtime as defined in Article 16: Overtime the designated 28-day work period shall be utilized. During a 28-day work period, each represented employee employed full-time for the full length of the 28-day work period shall work a minimum of 40 hours in each workweek, a minimum of 80 hours in each pay period, and a minimum of 160 hours in each 28-day work period—paid leave as identified in Article 16: Overtime, shall count as hours worked. A workweek within any work period shall commence at 12:00:01 (0000:01) on each Monday and end at 12:00:00 (2400) the following Sunday.
The pay period for all employees shall be biweekly (every 2 weeks—or 26 pay periods in each 12-month period). If a payday falls on a holiday, payday will (if possible) be the first preceding working day prior to the holiday. From time to time, other work hours, periods, and days, and pay periods may be designated by the department heads, the City Manager, or the City Council. In the interest of facilitating administration of the payroll program, and for the convenience of employees, the City has implemented an electronic payroll deposit program. For employees enrolled in the electronic payroll deposit program, electronic deposits shall be made in the employee’s designated account with a financial institution on, or about, the designated payroll date, subject to the requirements of the employee’s represented financial institution. Effective no later than the first day of the first pay period in July 2010, each represented employee shall be required to participate in the electronic payroll deposit program. Effective the first day of the first pay period in January 2009, all new hires shall be required to participate in the electronic payroll deposit program.
Effective the first day of the first pay period in January 2009, for a trial period not to exceed 2 years from the date of implementation, the City shall, in addition to the existing 4/10 work schedule, implement an optional 3/12.5 work schedule on a volunteer and/or assigned basis. The City and association agree to meet at 6-month intervals during the 2-year trial period to address issues related to the optional 3/12.5 work schedule as defined herein.
If, at any time during the 2-year review process, it is determined that the optional 3/12.5 work schedule adversely affects the City’s overtime and/or operating costs, employee productivity, or the ability of the City to effectively deploy its workforce including assignments for overtime shifts, the City retains the right to abrogate the terms of the 3/12.5 and/or any work schedule so affected and return employees back to the 4/10 work schedule or such other schedule as may be promulgated by the department head, with the consent of the City Manager or designee.
Revised 2/16 Article 15 - Page 2 MPOA
If, at any time after the 2-year review period, it is determined that the optional 3/12.5 work schedule adversely affects the City’s overtime and/or operating costs, employee productivity, or the ability of the City to effectively deploy its workforce including assignments for overtime shifts, the City and association shall meet and confer in an attempt to resolve the issues and, in the event that such issues cannot be resolved, the City retains the right to abrogate the terms of the 3/12.5 and/or any work schedule so affected and return employees back to the 4/10 work schedule or such other schedule as may be promulgated by the department head, with the consent of the City Manager or designee.
The assignment of employees to work schedules shall be based on the following order of priority: welfare, safety, and needs of the community; needs of the City; deployment/scheduling/rotational requirements; availability; and seniority of each member. At the discretion of the department head or designee, all new hires shall be assigned to work schedules based on the needs and requirements of the City. Shift assignment changes/rotations between the 4/10 and 3/12.5 work schedules shall occur on the first day of the pay period of a 28-day work period.
In order to effectively implement the provisions of this Article, employees are precluded from shift trading except upon specific authorization from the department head or designee to accommodate an emergency situation for either the employee or employer.
The 4/10 and 3/12.5 work schedules are defined as follows:
1. 4/10 Work Schedule
The employee so assigned shall work 4 consecutive days per week (e.g., Monday, Tuesday, Wednesday, and Thursday) at a start time and end time to be determined by the department head, with the consent of the City Manager or designee; provided, however, that such start time and end time for day shift office personnel (including but not liminted to detectives and technical and administrative personnel) comply, to the maximum extent possible, with the regularly scheduled operating hours designated for other work units in the City (i.e., 7:00 a.m. to 6:00 p.m., Monday through Thursday). The employee on a 4/10 work schedule shall work a minimum of 10 hours per shift for each day of the work schedule for a total of 40 hours per workweek, 80 hours per pay period, and 160 hours per 28-day work period.
Subject to state law and any exemptions or conditions thereto for municipal employers, police officers assigned to shift work shall be provided a one halfhour meal period counted as time worked when the nature of work prevents relief from all duties and there is written agreement between parties; such pay based on the employee’s hourly, regular rate of pay. For police officers not assigned to shift work and typically relieved from duties for a midday Revised 2/16 Article 15 - Page 3 MPOA
meal period (e.g., police officers assigned to investigation and technical assignments), such meal period shall be unpaid and not exceed 1 hour.
2. 3/12.5 Work Schedule
The 3/12.05 work schedule shall be available only to those employees assigned to patrol duty and shift work. The employee so assigned shall work 3 consecutive days per week (e.g., Friday, Saturday, and Sunday) at a start time and end time to be determined by the department head, with the consent of the City Manager or designee. The employee on a 3/12.5 work schedule shall work a minimum of 12.5 hours per shift for each day of the workweek schedule, a minimum of 75 hours per pay period, and a minimum of 160 hours per 28-day work period.
The City shall compensate the employee on the 3/12.5 work schedule based on the standard 40-hour workweek; provided, however, that such employee shall owe (“payback”) to the City 2.5 work hours for each workweek, 5 work hours for each pay period, or 10 work hours for each 28-day work period; such “payback” hours to be assigned without additional compensation, either in whole or in part, as required by the needs of the Police Department for any days/hours during each 28-day work period toward duty coverage for other employees, personnel training, court time, range time, or other workrelated requirements as determined by the department head or designee— provided, however, that assigned duty coverage for other employees (other than shift trading) shall receive priority drawdown on such “payback” hours— all such work hours owed for assignments as described herein to be paid back to the City on a 1:1 ratio (i.e., for each “payback” hour worked by the employee, the City shall reduce the “payback” schedule [work hours owed the City] for said employee by 1 hour, up to the maximum number of work hours owed for each 28-day work period).
In the event an employee fails, for whatever reason including separation from service, to work all or any part of the “payback” hours owed the City during the 28-day work period, the total number of hours owed to the City including any portion thereof, shall be deducted from the employee’s final pay period for the 28-day work period in which such “payback” hours are owed to the City—such deduction to be calculated based on the employee’s hourly, regular rate of pay; or, as an alternative, and at the discretion of the department head or designee, the employee may request the use of vacation leave or compensatory time in lieu of a payroll deduction, or use sick leave for a legitimate illness that occurs on the day “payback” hours are scheduled.
In no event shall any such “payback” hours be carried over to the next 28- day work period, accumulated beyond the restrictions defined herein, or used in any manner that results in increased overtime compensation for the City. In addition, the City will evaluate the work schedule annually for any Revised 2/16 Article 15 - Page 4 MPOA
abuse of the “payback” provision and reserves the right to abrogate the terms of the 3/12.05 and/or any work schedule so affected.
Subject to state law and any exemptions or conditions thereto for municipal employers, police officers assigned to shift work shall be provided a onehalf-hour meal period counted as time worked when the nature of work prevents relief from all duties and there is written agreement between parties; such pay based on the employee’s hourly, regular rate of pay. For police officers not assigned to shift work and typically relieved from duties for a midday meal period (e.g., police officers assigned to investigation and technical assignments), such meal period shall be unpaid and not exceed 1 hour.
If, at any time, wage hour laws as promulgated by a state or federal agency adversely affect the City as it relates to overtime compensation for regularly scheduled shifts worked in excess of 10 hours per day, the City retains the right to abrogate the terms of the 3/12.5 and/or any work schedule so affected and return employees back to the 4/10 work schedule or such other schedule as may be promulgated by the department head, with the consent of the City Manager or designee.
For the purpose of administrating disciplinary actions with fairness and equanimity, an employee assigned to the 3/12.5 work schedule who is the subject of a disciplinary action resulting in administrative leave from duty without pay may, in lieu of 12.5 hours of administrative leave without pay for each day of suspension from duty, elect to use 2.5 hours of vacation leave with each 10 hours of administrative leave without pay.
In the event of conflict with any other Article, section, or provision of the MOU, provisions of this Article shall have force majeure and supersede such Articles, sections, or provisions. (Also see Article 16: Overtime.)
Revised 11/17 Article 16 - Page 1 MPOA
ARTICLE 16: OVERTIME
Overtime hours worked shall be compensated in accordance with the following provisions:
A. Regular Overtime
1. Except as otherwise provided for in this Article, overtime shall be paid for all hours worked in excess of 80 hours in a biweekly pay period or 160 hours in a 28-day work period at a rate of time and one-half the employee's hourly regular rate of pay. For purposes of overtime calculations, and except as otherwise provided for in this Article, only vacation leave, sick leave, holiday leave, and bereavement leave shall be counted as hours worked.
Leave time not counted for purposes of calculating regular, voluntary, or mandated overtime shall include, but not be limited to, administrative leave, military leave, disciplinary leave (including suspensions with pay), jury duty, compensatory time, and all forms of disability leave (including 4850/IOD/Workers' Compensation time and LTD leave).
2. Hours worked as a result of mandatory or voluntary training relief, IOD relief, sick leave relief, and vacation relief are not subject to the 40-hour minimum for overtime pay.
3. Notwithstanding the above, employees working an alternate or optional 3/12.5 work schedule shall be paid time and one-half for hours worked in excess of 80 hours in a pay period or 160 hours in a 28-day work period, exclusive of “payback” hours owed to the City as defined in Article 15: Hours of Work, Work Periods, and Pay Periods, subsection 2. 3/12.5 Work Schedule—such work hours owed to the City shall not be subject to additional compensation when worked and shall not, at any time, count as overtime hours worked; except that such hours shall count toward hours worked for the purpose of calculating overtime (i.e., the threshold of 80 hours in a pay period, not including “payback” hours, and the threshold of 160 hours in a 28-day work period). Except as otherwise provided for in this MOU, all other hours worked in a pay period or 28-day work period that do not qualify for overtime compensation shall be paid at the employee’s hourly, regular rate of pay. (Also see Article 15:
Hours of Work, Work Periods, and Pay Periods.)
a. Example 1: An employee on the 3/12.5 work schedule works a regular schedule of 75 hours in a pay period and is assigned to work, in the same pay period, 5 of the 10 “payback” hours owed Revised 11/17 Article 16 - Page 2 MPOA
to the City during a 28-day work period; such employee shall not earn overtime compensation during the pay period until hours worked during the pay period exceed 80 hours, not including work hours related to the 10 “payback” hours owed to the City during a 28-day work period. In this example, the 5 “payback” hours owed to the City and worked during the pay period would not receive additional compensation, but would count toward reaching the minimum 80-hour threshold for calculating overtime
compensation. The employee would be compensated at time and one-half for hours worked in excess of 80 hours during the pay period, provided those hours are not related to the 10 “payback” hours owed to the City. Ten “payback” hours are owed to the City during each 28-day work period because the 3/12.5 work schedule employee was paid for those hours in advance at the rate of 5 hours for each of the 2 pay periods in a 28-day work period.
b. Example 2: An employee on the 3/12.5 work schedule works a regular schedule of 75 hours in a pay period and is assigned to work, in the same pay period, 10 of the 10 “payback” hours owed to the City during a 28-day work period; such employee shall not earn overtime compensation during the pay period until hours worked during the pay period exceed 85 hours. In this example, the 10 “payback” hours owed to the City and worked during the pay period would not receive additional compensation, but would count toward reaching the minimum 80-hour threshold for calculating overtime compensation. However, because the employee owes 10 hours back to the City, the employee would only be compensated at time and one-half for hours worked in excess of 85 hours during the pay period. Ten “payback” hours are owed to the City during each 28-day work period because the 3/12.5 work schedule employee was paid for those hours in advance at the rate of 5 hours for each of the 2 pay periods in a 28-day work period.
c. Example 3: An employee on the 3/12.5 work schedule works a regular schedule of 75 hours in a pay period. In the previous pay period in the same 28-day work period, the employee was assigned to work 10 of the 10 “payback” hours owed to the City during a 28-day work period. In the second pay period in the same 28-day work period, the employee is assigned to work an overtime shift for an employee assigned to the 4/10 work schedule. The 3/12.5 work schedule employee shall earn
overtime at time and one-half for all hours worked in excess of 75 hours in the pay period—all hours worked below 75 hours shall be compensated at the employee’s regular, hourly rate of pay. In Revised 11/17 Article 16 - Page 3 MPOA
this example, the 80-hour threshold rule for calculating overtime is superseded by the 160-hour threshold rule for the 28-day work period—the City pays regular overtime at time and one-half for all hours worked in excess of 160 hours in a 28-day work period. In the first pay period of the 28-day work period, the employee worked 75 regularly scheduled hours, plus 10 “payback” hours for a total of 85 hours—no overtime compensation was provided because the employee owed the 10 “payback” hours to the City.
In the second pay period of the 28-day work period, the employee worked 75 regularly scheduled hours, plus 10 hours of assigned overtime, paid at time and one-half of the employee’s hourly, regular rate of pay. The 85 hours worked in the first pay period, plus the 85 hours worked in the second pay period equals 170 hours. The employee is paid overtime at time and one-half for all hours worked in excess of 160 hours in a pay period. Ten “payback” hours are owed to the City during each 28-day work period because the 3/12.5 work schedule employee was paid for those hours in advance at the rate of 5 hours for each of the 2 pay periods in a 28-day work period.
B. FLSA Overtime
Employees shall be paid overtime for all hours worked in excess of 171 during a 28-day work period at a rate of time and one-half the employee's regular rate of pay. For purposes of calculating FLSA overtime, "hours worked" shall mean only those hours actually worked during the work period. Paid and unpaid leave time shall not count as hours worked for purposes of determining eligibility for FLSA overtime. Paid leave time shall include, but not be limited to, vacation leave, holiday leave, sick leave, administrative leave, bereavement leave, military leave, jury duty, disciplinary leave (including suspensions with pay), and all forms of disability leave (including 4850/IOD/Workers' Compensation time and LTD leave). At its discretion, the City may require the use of compensatory time at the rate of 1.5 hours off for every hour worked overtime in lieu of paying FLSA overtime.
C. The particular overtime to be paid to an employee depends upon which type of overtime is the more generous to the employee. Such determination shall be made at the conclusion of each work period.
D. Sections B and C above are designed to implement the mandatory provisions of the Fair Labor Standards Act. If, through legislative or judicial determination, it is held that the FLSA is not applicable to the City, overtime eligibility and pay shall be determined solely by the provisions of item "A" above.
Revised 11/17 Article 16 - Page 4 MPOA
E. It is the intent of the City to attempt to schedule regular workdays whenever feasible. Said work schedule is subject to change by the City, as services require, and this provision shall not be construed as limiting or preventing the City from establishing other work shifts or hours as the need arises.
F. Compensatory Time
The City allows unlimited accrual of compensatory time during each fiscal year. A maximum cap of 120 hours of accrued compensatory time may be carried over into each successive fiscal year—there shall, however, be no accumulation or transfer of this carryover to successive fiscal years.
The City, at its discretion, reserves the right to direct when employees use accrued compensatory time: compensatory time shall not be used for the purpose of calculating overtime; and, to the extent possible, the department head or designee shall control, manage, and avoid, when practical, the assignment of personnel to relief duty when such assignment would backfill for an employee off duty because of the use of compensatory time. The City reserves the right to "cash out" accumulated compensatory time above 80 hours in January and/or June of each year by paying the employee his/her hourly, regular rate of pay in effect at the time of the buyback for each hour accrued. The employee, at his/her discretion, may sell back all hours of accumulated compensatory time in June of each year at the hourly rate of pay in effect at the time of the buyback for each hour accrued. (Also see Article 15: Hours of Work, Work Periods, and Pay Periods.)
G. Call-Out Pay
Officers and/or sergeants not assigned to duty who are called to duty are to be reimbursed at the regular overtime rate of time and one–half base pay for those hours actually worked after call out. In the event departmental personnel are called out for emergency duty, they will receive a minimum of 2 hours of pay (straight time) for such service.
For those officers and/or sergeants assigned to the arson investigation team, major accident investigation team, detective bureau, or crime suppression unit as well as those officers designated as the narcotics investigator or canine officer will receive a minimum 2 hours of pay (straight time) for such service related to those special assignments in addition to the time actually worked at the appropriate rate of compensation.
“Actually worked” begins at the time the officer and/or sergeant arrives for duty at the station or the duty location as directed by a supervisor, whichever is earlier, and ends at the time the officer and/or sergeant finalizes his/her duties Revised 11/17 Article 16 - Page 5 MPOA
and leaves the station or the duty location as directed by a supervisor, whichever is later.
Call–out pay will be earned for all “nonscheduled duty hours” worked when there has been a break in service; i.e., the employee has left for the day and is required to return. Regularly scheduled activities such as training, departmental meetings, and completion of regular duty assignments are not classified as call out. Such time is considered as hours worked for purposes of overtime. This provision is not subject to the 40–hour minimum for overtime pay.
The modifications to the Call–Out Pay will be effective the first full pay period after ratification of the agreement.
H. Standby Time
The City will compensate Police safety employees for standby time at the straight hourly rate. Standby time shall be defined as any time an employee is placed on 1-hour recall status. This does not apply to officers assigned to the Detective Bureau.
I. Court Standby
Off-duty officers required by the court to stand by beyond 11:00 a.m. are to be reimbursed for 4 hours of overtime at a straight hourly rate. Eligible officers must remain available to report within 1 hour of call to appear.
This time begins upon notification to the department by court or District Attorney's office. Officers are encouraged to respond to the courtroom in the shortest possible time it takes to travel from their home. In no event shall the response time exceed 1 hour from the time the department is notified. This benefit is not applied if a court appearance is made any time that day. Officers will receive 2 hours of credit at a straight hourly rate for all off-duty court standby prior to 11:00 a.m., for which they are not requested to appear. If more than one subpoena requires standby on the same day, only one credit is provided.
J. Court Time
Mandatory off-duty court appearances made by MPOA-represented classifications shall be compensated by overtime pay at time and one-half for each hour of court time. Court appearances of 2 hours or less shall be compensated at time and one-half for 2 hours (i.e., equivalent to 3 hours of straight-time pay). Overtime shall only be paid for the actual hours present for mandatory off-duty court attendance excluding the time that the court or the District Attorney Officer breaks for lunch.
Revised 11/17 Article 16 - Page 6 MPOA
K. Training Time
The City shall compensate Police Officers when serving as range master or reserve training officer during their nonregularly scheduled shift at time and one-half the hourly rate. This provision is not subject to the 40-hour minimum for overtime pay.
L. Range Time
The City shall compensate officers for actual off-duty time spent at range practice scheduled by the City by paid overtime, at time and one-half; provided, however, that officers receive a minimum of 2 hours pay at time and one-half.
M. On-Call Pay
MPOA-represented employees assigned to a narcotic detail by the department head and who are required to be "on call" at least biweekly, shall receive a monthly "on-call" stipend of $50. At no time shall the total number of MPOA members subject to this "on-call" stipend exceed 3.
N. Police Explorer Program
Officers and sergeants who work off–duty assignments related to the Department’s Explorer Post shall be compensated at their appropriate rate with compensatory time. However, any such compensatory time accrued will be coordinated with Police Management so as not to adversely impact shift staffing levels and overtime-related costs. Any hours accrued shall be subject to the provisions as set forth in Article 16.F (Compensatory Time) of this MOU; however, the City reserves the right to cash out any such compensatory time at the appropriate rate at its sole discretion.
Revised 3/05 Article 17 - Page 1 MPOA
ARTICLE 17: TRAINING HOURS
An employee who must travel beyond the administrative boundaries of Montclair and its sphere of influence for required training shall be considered to be in paid status for a 10- hour workday if the training is scheduled for a minimum of 8 hours for each day of training, and the training occurs on a scheduled workday. This provision shall not apply to "voluntary" training.
Revised 2/07 Article 18 - Page 1 MPOA
ARTICLE 18: MILEAGE/AUTOMOBILE ALLOWANCE
Employees who use their personal automobiles for City business may be reimbursed, either by a fixed monthly amount or at a rate of 26 cents per mile, for such use of their automobiles, provided such use is approved in advance by the appropriate department head and the City Manager. The amount of reimbursement may be changed from time to time by action of the City Council/Personnel Committee. For employees to be eligible for automobile allowance or mileage reimbursement, the following must be provided and submitted to the City Manager Department:
1. For employees who receive a fixed monthly mileage/automobile allowance check, proof of insurance and proof that one of the employee's automobiles is insured for business purposes.
2. For employees who use their personal automobiles for City business and are reimbursed at a rate of 26 cents per mile, proof that those individuals have their automobiles insured under the minimum requirements set forth by state law; e.g., $15,000 to $30,000 liability coverage, plus property damage coverage.
For purposes of this section, and except for travel to and from the range, the west valley court facilities, and commute trips, employees shall be entitled to mileage for actual miles traveled.
Revised 12/94 Article 19 - Page 1 MPOA
ARTICLE 19: ANNUAL AND BIANNUAL PHYSICAL EXAMS
The City shall provide an annual physical exam for officers over 45 years of age. The City shall provide biannual physicals for officers over 35 years of age. These physicals will be administered by a doctor designated by the City. The type of physical shall also be designated by the City.
Revised 7/02 Article 20 - Page 1 MPOA
ARTICLE 20: PREMIUM PAY PLAN
A. Introduction
The City provides bonus pay opportunities in addition to its salary and benefit programs through the Premium Pay Plan (PPP). The purpose of PPP is to serve as a vehicle for promoting higher levels of employee performance and to provide for the recognition of employees for short-term distinguishable contributions in accordance with the criteria that follows.
The PPP is designed to provide award opportunities for both individuals and work groups. Any employee, irrespective of position, duties, and degree of visibility, is eligible. A work group may be a crew, a company, a team, a task force, a squad, etc. in which the interdependency of its members is necessary to achieve results.
Any number of employees or work groups may qualify for a PPP award. Employees and work groups shall receive awards in accordance with the premium pay schedule outlined. Alternative forms of compensation to that of pay are prescribed and may be elected at the option of the employee.
Employees wishing to be considered for premium pay must complete the premium pay application form, which is available from the City Manager Department. The same form may be used by an employee who wishes to recommend another employee for consideration for premium pay. Similarly, any member of an employee group or any non-member may submit an application on behalf of the group.
Applications for single-occurrence awards are reviewed by the Premium Pay Panel.
The Panel is composed of three community representatives with experience in related fields, who serve at the pleasure of the City Council for alternating 2-year terms. The Panel sets its own rules of conduct, meets at least quarterly, reviews the applications for conformity, and submits those that qualify to the City Council for its action. No additional evaluations are conducted by supervisors. The Panel is staffed by an employee designated by the City Manager, and it may request more information and conduct such interviews as it deems appropriate. The Panel prepares a statement for publication, which outlines why the contributions of an employee or an employee group were distinguishable and warranted the award recommended.
In order for an employee or an employee group to receive premium pay, the following criteria must be met. The PPP provides a variety of awards for numerous worthwhile employee contributions; both the City and employees benefit mutually.
Revised 7/02 Article 20 - Page 2 MPOA
B. Criteria for Employees to Qualify for Premium Pay
The following criteria are set out as the basis upon which individuals and employee groups may receive premium pay or the equivalent. The City's compensation program is designed to ensure that employees have the potential of a salary which is internally justified, reflects the value of the job in the marketplace, and generally provides step increases based on satisfactory or better job performance until the maximum is reached. The Premium Pay Plan provides for the recognition of significant one-time contributions occurring no more than 1 year prior to the application. The examples provided are for illustration purposes only and should not be construed as limiting the opportunities.
1. Applications on Behalf of an Individual Employee
A contribution on behalf of an individual employee that qualifies for a premium pay award may be for a single occurrence. The following criteria are applied to each instance.
The contribution was:
a. Within 1 year of the employee's last annual performance/ payreview date; b. Developed on the employee's own initiative; and
c. Beyond normal job expectations.
The contribution resulted in:
a. Measurable improvement to the City's image and/or services; and/or
b. Better use of manpower, materials, machinery, methods, and/or money.
Examples of employees who received awards are:
a. A park maintenance worker noted that a certain piece of playground equipment was hazardous when children bunched up. The child using the equipment would be run down by the next child in line. The employee constructed a turnstile in his garage at home, which was activated only after each child had completed the tour on the equipment; thus controlling the use of the equipment to one child at a time. He received a Level 1 award.
Revised 7/02 Article 20 - Page 3 MPOA
b. The City's receptionist found that people who came to City Hall were having difficulty finding various offices even with careful directions, signs, and maps. Citizens were frequently irritated at having to be shuffled from one office to another. After careful research of voluntary organizations—including youth groups and service organizations—the employee approached a senior citizen group because of its maturity and the availability of its members. On her own time she conducted a training program for those who wished to serve as guides for visitors to City Hall.
She developed a schedule with prescribed additional duties in much the same way as that found in hospitals. She received a Level 2 award.
c. A Firefighter observed that the department's state-of-the-art training program provided extensive orientation for new Fire personnel to the City, but other new City employees did not benefit from a similar process. Although he was not the department's training officer, he gained permission to modify the training materials and audiovisual aids to have broader application to other departments. During his unassigned duty time and days off he produced a video of the community that ultimately was not only used for new employees but for service organizations as well. He received a Level 2 award.
d. An accountant supervisor in the finance department learned that no tracking system existed for citizen complaints.
Frequently, managers who had a need to know, citizens who initiated the complaint, and even City Council Members who reported problems, were uninformed as to how a complaint was handled. Having some computer programming experience, the employee generated a software program that recorded
incoming complaints easily and quickly and listed all parties who needed to be informed of the problem, who was assuming accountability, and how the problem was handled. As a result, an intern was assigned to monitor the program and perform a telephone follow-up with the complainant, similar to that conducted by auto service and appliance repair organizations.
He received a Level 1 award.
2. Applications on Behalf of an Employee Group
A contribution on behalf of an employee group for a premium pay award is for events requiring a "team" approach. The following criteria are applied.
Revised 7/02 Article 20 - Page 4 MPOA
The contribution was:
a. Clearly one in which full participation by each member of the group was maintained and an interdependency existed in a "team" sense; and
b. Beyond normal job expectations.
The contribution resulted in:
a. Measurable improvement to the City's image and/or services; and/or
b. Better use of manpower, materials, machinery, methods, and/ or money.
Examples of employee groups that received awards are:
a. A tree maintenance crew had been working together for about 1 year. Each crew member was assigned specific tasks; e.g., trimming, feeding, maintenance, cleaning, equipment
operation, etc. The demands for tree trimming were high. The City was receiving numerous citizen requests for special trimming, which in most instances were justified. The crew was being diverted from their regular schedule and getting behind.
If one member was ill or on vacation the whole system suffered.
One afternoon the equipment broke down and the crew
members started talking about the situation. The group decided that if each member of the crew knew all the tasks required, a number of benefits would occur. The crew members began to teach each other their various responsibilities, and rotated assignments. Each member was able to help another who was overloaded or replace someone who was absent. Fatigue and boredom disappeared. The cooperative effort leads to
systematizing how certain tree varieties were approached. The foreman who supervised several crews found that he was
relieved from direct supervision and was able to concentrate on citizen contacts. The crew not only caught up with its schedule, but expanded its operations so that the contract for outside services on the City's parks was not renewed. The crew
received a Level 1 award.
b. A task force of representative employees from different departments, whose knowledge of the operations was
essential, had been assigned to examine an increase in the City's accident level and develop a program of prevention.
Revised 7/02 Article 20 - Page 5 MPOA
During the prior year, a variety of accidents had occurred that had no connection with each other. The incidents ranged from bruised thighs on desk corners to a tragic fatality in a drainage cave in. The City's insurance premiums were likely to be affected. The group examined the evidence in some depth. It considered recommending a consultant and rejected the idea realizing that if the trend was to be reversed it would have to be done by employees. Working on that premise, the group
decided that the best resources were the employees
themselves. The process alone would have some benefit in raising the level of consciousness of employees. The task force began by talking to the victims and then expanded to others.
Task force members visited accident sites in the City. The group divided its assignments so that each had an equal workload and responsibility. The conclusion reached was that 80 percent of the accidents in the prior year could have been prevented. The group developed a system for categorizing the information into a manageable format. The task force assigned risk levels to representative work environments. Without identifying specific incidents and people, a monthly
memorandum was published in which the number of days
without accidents for each level was reported. An award system was developed on a graded basis to recognize
employees who had no avoidable accidents. The most effective effort was the requirement that for every accident reported, the surviving victim reviewed the circumstances with other
employees who had the same level of exposure. The result was that the following year accidents were reduced to below 20 percent. The City received national recognition for its safety record. The task force received a Level 2 award.
c. A Fire Department company believed that it had perfected its routine for gaining control of a fire scene to such a degree that no other company could beat it on time, performance, and safety. The members had observed companies in other
agencies from time-to-time and believed that they did not match their level of accomplishment. The members believed that their high standard could be applied to the benefit of other
companies. As a result, the members of the company
challenged the other suppression companies to beat their record of performance. The other companies took up the
challenge. Routines with simulated conditions were laid out with varying degrees of difficulty. Firefighters from other departments were invited to judge the events during regular shift hours. The initiating company prevailed as the members had expected. Their "secrets" to success were then shared with Revised 7/02 Article 20 - Page 6 MPOA
the other companies and the visitors. The members had
developed a highly sophisticated systematic approach to a fire scene much like a football team facing an opponent which involved a system of signals. Once the signals were called by the Fire Captain, each member knew exactly what the "play" was. The members were able to adjust quickly to changing conditions. The visitors were very impressed not only with the company but with the department. The Fire company received a Level 1 award.
C. Schedule of Awards
Awards for a single occurrence are assigned by the Premium Pay Plan Panel and recommended to the City Council in accordance with the following schedule. An award is made based on the value of the contribution to the City, and may be for one of two levels in the judgment and sole discretion of the Panel. All premium pay awards are made in one-time payments. Alternative compensation is available in lieu of direct payment, at the option of the recipient.
1. On Behalf of an Individual Employee
Level 1: Ten percent of the prior month's base salary.
Level 2: Twenty percent of the prior month's base salary.
2. On Behalf of an Employee Group
Level 1: Five percent of the prior month's base salary for each employee.
Level 2: Ten percent of the prior month's base salary for each employee.
3. Alternative Compensation Schedule
Employees may, at their option, choose an alternative form of award to that of pay. Alternatives to premium pay may be paid on the basis of the following ratios.
a. Deferred Compensation
One dollar for every dollar awarded.
b. Vacation
Ten hours for each 5 percent of monthly salary awarded, with a maximum of 40 hours taken per year.
c. Education Expenses
Revised 7/02 Article 20 - Page 7 MPOA
Two dollars for every dollar awarded for job-related programs in accordance with the City's Education Grant Program, except that there will be no annual maximum.
D. Premium Pay Plan Application Forms
The premium pay application form must be completed by employees wishing to be considered for premium pay. An application may be made on behalf of an individual or group of employees. An employee who wishes to recommend another employee or group of employees may use the same form. An employee or a group of employees who have received an award for premium pay for a single occurrence are not precluded from submitting another application for a single-occurrence award at any time. The application is submitted to the employee assigned to staff the Premium Pay Panel for processing. The Panel meets at least quarterly; the date of the next meeting can be obtained from the City Manager Department. Applicants are encouraged to provide as much information as possible. The Panel may request further information and/or conduct interviews accordingly.
Revised 12/94 Article 21 - Page 1 MPOA
ARTICLE 21: CLASSIFICATION AND COMPENSATION PLANS
Each position within the City shall be allocated to its appropriate class on the basis of assigned job duties and responsibilities, so that the same qualifications may be reasonably required for and the same schedule of pay may be equitably applied to all positions in the same classification. Positions may, from time to time, be reclassified on the basis of changes in or a reevaluation of the duties and responsibilities of the positions.
The official compensation plan for the City shall provide for a 5-step salary range. The difference between steps within a salary range shall be 5 percent, but there is no specified differential between salary ranges.
Revised 4/97 Article 22 - Page 1 MPOA
ARTICLE 22: MERIT SYSTEM
In keeping with sound public personnel practice, employment in the City shall be based on merit and fitness, taking into account such factors as individual performance, ability, aptitude, experience, training, education, character, personality, and physical fitness as the basis for selection and promotion. Original appointments are normally based on the results of open competitive examinations, which may be written, oral, physical, practical, or a combination thereof. (Merit systems principles—such as competitive examinations, grievance procedures, etc.—may be waived at the sole discretion of the City Manager in the case of part-time or contractual employees.)
The City hereby reaffirms its commitment to fair employment practices related to factors affecting ability to perform and the employment and advancement of persons in protected classes.
Revised 7/09 Article 23 - Page 1 MPOA
ARTICLE 23: APPOINTMENTS AND PROMOTIONS
A. Appointments
Appointments to vacant positions within the City shall be based on merit and fitness, as determined by competitive examinations and/or personal evaluations. The City Manager or designated representative shall coordinate the recruitment and selection procedures in cooperation with the departments involved. An eligibility list of qualified candidates shall be established.
B. Promotions
Vacancies in positions above the entry level may be filled by promotion whenever one or more qualified candidates are available. This shall not, however, be construed to prohibit lateral entry to a promotional position, should an individual outside the City possess higher qualifications than City employees who are eligible for the position. Qualifications may be determined by competitive examination— either open or closed—or by evaluation of the department head. When qualifications are determined by competitive examination, an eligibility list shall be established with the candidates placed according to their total rating in the examination.
The minimum salary to be received by a person promoted from within the City shall be the next higher step of the appropriate new salary range above the employee's base salary immediately prior to promotion; but the salary increase shall in no event be less than 2 1/2 percent above the employee's previous base salary. Employees who have received internal promotions, if assigned to the lowest step of the new range offering a minimum 2 1/2 percent salary increase, shall be eligible for a step increase upon successful completion of 6 months in the new position. Promotions to a step higher than specified by a 2 1/2 percent increase may be made if extenuating circumstances exist, but only with the recommendation of the department head and prior approval of the City Manager. Subsequent pay step increases, however, will not become effective in this instance until 1 year from the date of promotion, and this date shall also become the employee’s pay review date for purposes of eligibility for future merit increases. (For additional information on pay increases and probationary requirements after a promotion, also refer to Article 24: Probation, and Article 7: Compensation, Section 7.03. Salary Advancement.)
Based on the recommendation of the department head, the City Manager makes an appointment/promotion from among the established list of qualified candidates. All appointments for either original employment or promotion must be reviewed by the Personnel Committee.
Eligibility lists, unless exhausted, shall be valid for a minimum of 6 months, with the option of being extended upon the recommendation of the department head and with the approval of the City Manager. In the absence of an eligibility list and in cases of Revised 7/09 Article 23 - Page 2 MPOA
appointments and promotions where time is a factor, the City Manager may make a provisional appointment to a position for a period not to exceed 6 months or until an eligibility list is established.
The City may also establish programs—including trainee programs—designed to attract and utilize persons with minimal qualifications, but with potential for development, in order to provide career development opportunities among members of disadvantaged groups, handicapped persons, and veterans. Such programs may provide for regular appointment upon the satisfactory completion of the training period without further examination.
Revised 10/16 Article 24 - Page 1 MPOA
ARTICLE 24: PROBATION
Newly appointed employees shall be subject to an 18-month probationary period.
Promoted and reinstated employees shall be subject to a 12-month probationary period; however, reinstated employees shall be subject to a 6-month probationary period if reinstatement is to the position last held. Time in trainee status (e.g., Police Trainee) shall not be a part of the probationary period when assigned to Police Officer status. An employee shall pass probation upon the recommendation of the department head, with approval of the City Manager and concurrence of the Personnel Committee.
The probationary period may be extended for up to 6 months, upon the recommendation of the department head and with the consent of the City Manager. If a probationary period is extended, the employee shall be notified of such extension, and the reason(s) for such extension, in writing, prior to the expiration of the original probationary period.
If, for whatever reason, an employee on probation is unable to perform his/her assigned duties because of absence from work for any period of time, his/her probation period, merit increase, and anniversary date shall be extended for the same length of the absence (also see Article 7: Compensation, Section 7.03. Salary Advancement, and Article 27:
Performance Appraisal).
The work and conduct of probationary employees shall be subject to review and evaluation and, if found to be unacceptable, the probationer may be dismissed by the department head with the consent of the City Manager. Such dismissals while an employee is on probation, or extensions of the probationary period, shall not be subject to further review or appeal. Employees on probation in promotional positions may be demoted to their previous positions without the right of appeal, but may not be terminated without the right of a hearing as described under the section entitled "Disciplinary Action." Revised 4/97 Article 25 - Page 1 MPOA
ARTICLE 25: TRANSFER
A change of an employee's place of employment from one department to another, or a lateral change of position in a job class or comparable job class on the same salary range, shall be considered a transfer. The purpose of a transfer is to facilitate adjustment of the employee, to improve placement, to provide opportunity to prepare for advancement, to eliminate unsatisfactory relationships between employees, or as a result of a reduction in force.
Transferred employees shall retain all accrued benefits, including sick leave and vacation.
Transfers shall require the approval of the appointing authority involved and the City Manager. Such a transfer may be initiated by request of the employee to the City Manager, by the City Manager, or by the department head or supervisor.
Revised 12/94 Article 26 - Page 1 MPOA
ARTICLE 26: ASSIGNMENT
Employees may be temporarily assigned to perform specialized additional tasks listed in the class specification. The assigned employee must meet or exceed any additional minimum qualifications for the assignment.
Revised 7/09 Article 27 - Page 1 MPOA
ARTICLE 27: PERFORMANCE APPRAISAL
Performance appraisal is the process of evaluating and recording the performance of each employee. The appraisal should be based upon results shown by the employee in carrying out assigned duties and responsibilities and should be used to help the employee to be aware of and improve personal performance. The performance appraisal is best used:
1. To maintain a high level of efficiency or assist in raising efficiency by commending the employee.
2. To inform the employee of good performance, which may, in turn, lead to promotion and higher pay.
3. To indicate to the employee weak points and suggest the proper means of raising the employee's work performance to the acceptable level.
4. To encourage better working relationships and mutual understanding by letting the employee know where the employee stands with relation to the employee's supervisor's appraisal.
The department head, together with other supervisors familiar with the employee's work, is responsible for proper preparation of the performance appraisal. The supervisor should carefully consider each item on the appraisal sheet separately, in light of the column definition, and select the column that best describes the work of the employee in each category.
Performance appraisal forms will be originated by the Administrative Services Department. Performance appraisals are to be prepared at the end of the probationary period, annually, or more often if the department head so desires. Prior to reaching Step "E," each City employee shall be evaluated at least once a year, normally on the employee's anniversary or pay-review date.
If, for whatever reason, an employee not on probation is unable to perform his/her assigned duties because of absence from work for a period in excess of 45 consecutive calendar days, the evaluation period shall be automatically extended for a similar period of time; provided, however, the department head/City Manager may evaluate the employee's past performance and submit to the City Personnel Committee a separate, written recommendation justifying/granting a merit increase and not extending the evaluation period for a period of time equal to the period of absence. If the period of absence exceeds 90 consecutive calendar days, the employee's performance evaluation and anniversary date will be extended for a similar period of time (also see Article 7:
Compensation, Section 7.03. Salary Advancement).
If, for whatever reason, an employee on probation is unable to perform his/her assigned duties because of absence from work for any period of time, his/her probation period, Revised 7/09 Article 27 - Page 2 MPOA
merit increase, and anniversary date shall be extended for the same length of the absence (also see Article 7: Compensation, Section 7.03. Salary Advancement, and Article 24:
Probation).
All employees on Step "E" of their salary ranges will be eligible to receive detailed 3-year performance appraisals as an alternative to the normal comprehensive annual appraisals.
Between these evaluations, a shortened appraisal form or memorandum (indicating the employee's performance continues to meet and/or exceed expectations) will be submitted. If an employee's performance falls below acceptable levels, however, detailed annual appraisals will be completed until an acceptable level of performance is maintained for 2 or more consecutive years. Annual evaluations may also be completed for employees achieving major accomplishments, or whose performance shows significant improvement.
These standards are minimum and appraisals may be required more frequently. Detailed evaluation procedures shall also be subject to department rules and regulations. Upon such evaluation, a completely prepared appraisal form is to be given to the employee with comments to aid the employee in understanding the evaluation.
The performance appraisal shall be discussed with the employee to provide an awareness of those points on which performance is worthy of commendation, as well as those points on which improvement is needed. During the interview, as well as on the performance appraisal form, special attention should be given to discussing specific ways in which the employee can improve job performance.
Performance appraisal forms are to be signed by the employee, the rater, and the department head. The original, signed appraisal form is forwarded to the City Manager and Personnel Committee for review, and then is retained in the employee's official personnel file. A copy is given to the employee.
Revised 3/05 Article 28 - Page 1 MPOA
ARTICLE 28: TERMINATION OF EMPLOYMENT
An employee of the City may terminate employment voluntarily, either by resignation or retirement, or such termination may occur involuntarily as a result of administrative action for disciplinary reasons, failure to meet the minimum requirements of the job, or due to a reduction in workload or funds. Such termination may also be due to organizational adjustments. In addition, an employee absent from the job for 3 consecutive working days or 3 consecutive shifts without authorization shall be considered as automatically resigned from City employment.
In the case of voluntary resignation or retirement, the City requests that the employee give 2 weeks written notice to the department head. In the case of involuntary termination for disciplinary reasons, or lack of adequate performance, the department head or authorized representative shall give the employee written notice, citing the reasons for such termination, and the employee shall have the right to appeal in the manner provided for in the section of this MOU entitled, "Disciplinary Action." Termination for disciplinary reasons—including inefficiency, incompetence, or inability to perform required work— shall be preceded by adequate discussion, warning, and corresponding opportunity for the employee to improve. In the case where immediate termination is considered necessary, an employee shall be immediately terminated or suspended pending an appeal if one is to be made.
An employee who is terminated will not receive a final pay check until the employee has turned in all City-owned equipment, including City identification card; has cleared with the department head the disposition of any clothing, tools, or other working materials that have been provided by the City; and has completed all exit interviews and forms which may be required by the City. The exit interview and appropriate forms shall be made available to employees prior to the termination date.
In the event of termination resulting from organizational changes, the employee shall receive at least a 14-calendar-day written notice and shall also have the rights established in the sections of this MOU entitled "Layoff Procedure" and "Disciplinary Action," as applicable. Termination may result from changes in duties or organization, abolition of position, or completion of work for which employment was made.
Newly appointed probationary employees are not subject to the provisions of this section and may be terminated without the right of appeal. Promoted employees not successfully completing the probationary period may be returned to their previously held City position without the right of appeal, but may not be terminated without the right of a hearing, as described under section entitled "Disciplinary Actions." To the extent permitted by law, any employment-related actions or suits against the City must be brought by the employee within 6 months of the date the employee terminates employment.
Revised 12/94 Article 29 - Page 1 MPOA
ARTICLE 29: REINSTATEMENT
An employee who terminates employment in good standing may be reinstated to a vacant position in the former job class within 1 year of the termination date without requalifying for employment by competitive examination. If the termination date is greater than 1 year, the employee may be required to qualify through competitive examination.
Revised 4/97 Article 30 - Page 1 MPOA
ARTICLE 30: LAYOFF PROCEDURE
A. Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal.
B. Notification
Employees to be laid off shall be given at least 14 calendar days prior notice.
C. Layoff Procedure
In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular.
Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.
In cases where there are two or more permanent employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of qualifications, training, skills, experience, documented performance history, and seniority. When all other factors are substantially equal, seniority shall be used (i.e., inverse seniority).
D. Displacement Rights
Except as otherwise provided, whenever there is a reduction in the work force, the City Manager shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off is qualified. All persons so demoted shall have their names placed on the reemployment list.
An employee affected by layoff shall have the right to displace an employee in the department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status. For the purpose of this section, seniority includes all periods of full-time service at or above the classification level where layoff is to occur.
In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Human Resources Manager within 5 working days of receipt of notice of layoff.
Revised 4/97 Article 30 - Page 2 MPOA
Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
Employees retreating to a lower or similar class shall serve a probationary period in the new class, unless they have previously successfully completed a probationary period in the class or a class in the class series.
E. Reemployment List
The names of persons laid off or demoted in accordance with this Article shall be entered upon a reemployment list. Such list shall be used when a vacancy arises in the same or lower class of position before certification is made from an eligible list.
F. Duration of Reemployment List
Names of persons laid off shall be carried on a reemployment list for 1 year, except that persons appointed to permanent positions of the same level as that from which they were laid off shall, upon such appointment, be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for 1 year.
A person appointed from a reemployment list must serve a new probationary period if recall from such list occurs more than 90 calendar days after the effective date of layoff. The new probationary period in such circumstances shall be 6 months, unless otherwise provided by POST guidelines.
Revised 7/09 Article 31 - Page 1 MPOA
ARTICLE 31: DISCIPLINARY ACTION
A. Disciplinary actions are construed to include but are not limited to dismissal, demotion, reduction is salary, suspension, reprimand, or warning. Causes for disciplinary action against any employee may include, but shall not be limited to, the following:
1. Insubordination
2. Dishonesty
3. Being Under the Influence of Intoxicants (Including Alcohol, Narcotics, or Controlled Substances) While on Duty or City Property
4. Unlawful Use of Narcotics or Drugs
5. Bringing Unauthorized Intoxicants (Including Alcohol, Narcotics, or Controlled Substances) into, or Consuming them in City Facilities or on City Property
6. Discourteous Treatment to the Public and/or Other Employee(s)
7. Misuse or Abuse of City Property or Equipment
8. Violation of City or Departmental Policies, Ordinances, Rules, and Regulations
9. Neglect of Duty
10. Carelessness and/or Inattention to Duty
11. Failure to Prepare and/or Maintain Prescribed Records (e.g., Concealing, Misusing, Mutilating, Falsifying, or Removing)
12. Theft of City Property or Property of Others While on Duty or on City Property
13. Incompetence
14. Unexcused or Excessive Absences (Including Tardiness)
15. Conviction of a Felony or of a Misdemeanor Involving Moral Turpitude
16. Falsification of any City Report or Record (Including Application Form)
Revised 7/09 Article 31 - Page 2 MPOA
17. Outside Employment Which is Incompatible With the Employee's Position and Which has not been Specifically Authorized by the Department Head
18. Other Acts Which are Incompatible With Service to the Public— Including Any Conduct or Behavior, Either On or Off Duty, Which Causes Discredit or Would Reasonably Tend to Cause Discredit to Fall Upon the City, its Officers, Agents, or Departments B. The City Manager, or department head or other authorized person (depending on departmental regulations), may initiate disciplinary action against any employee supervised. The normal procedure for disciplining an employee shall progress in the following order:
1. Warning
Telling an employee that, unless the employee's behavior or productivity improves, disciplinary action will be taken. The warning may be given in a private interview. A record of each official warning will be kept by the department.
2. Reprimand
A formal record of an interview with an employee who has been informed that more serious disciplinary action will be taken unless there is immediate and permanent improvement in the employee's productivity and/or behavior. A copy of this record of reprimand must be given to the employee, a copy retained by the department, and a copy sent to the City Manager Department for inclusion in the employee's official personnel file.
3. Suspension
The temporary separation of an employee from City service without pay. The employee must be interviewed by the department head or designated representative and served with a written notice of suspension. A copy of the suspension notice should be retained by the department and a copy sent immediately to the City Manager Department for inclusion in the employee's official personnel file.
The City Manager shall also be notified of any suspension.
Revised 7/09 Article 31 - Page 3 MPOA
4. Salary Reduction
A reduction in pay from one step to another, which is not below the minimum rate established for the position by the salary plan. The employee must be interviewed by the department head or
designated representative and served with a written notice of salary reduction. The reduction in pay of any regular employee requires the approval of the City Manager. A copy of the notice of salary reduction shall be sent immediately to the City Manager Department for inclusion in the employee's official personnel file.
5. Demotion
A reduction from one class to another class for which a lower maximum rate of compensation is established. The employee must be interviewed by the department head or designated representative and served with a written notice of demotion. The demotion of any regular employee requires the approval of the City Manager. A copy of the notice of demotion shall be sent immediately to the City Manager Department for inclusion in the employee's official personnel file.
6. Dismissal
The termination of a regular employee from employment. The employee must be interviewed by the department head or
designated representative and served with a written notice of dismissal. The dismissal of any employee requires the advance approval of the City Manager. A copy of the notice of dismissal shall be sent immediately to the City Manager Department for inclusion in the employee's official personnel file.
This procedure will afford due-process-of-law protection to the employee. One or several of these steps may be eliminated from the disciplinary process, depending upon circumstances and the severity of the act that warrants discipline.
C. Notification of Disciplinary Action/Predisciplinary Review (Skelly Rights) Discipline may not be implemented prior to fully affording an employee the written notice-of-intent-to-discipline memorandum and opportunity to respond orally or in writing (predisciplinary review) pursuant to Skelly v. State Personnel Board [1975] 15 Cal.3d 194 (item 2. Disciplinary Actions Other than Warnings, Reprimands, and Suspensions Without Pay of 40 Hours or Less, below), except for the following: (1) under extraordinary circumstances requiring immediate removal (e.g., imminent threat to health or safety of the employee, other employees, or the public); and (2) Revised 7/09 Article 31 - Page 4 MPOA
in the case of warnings, reprimands, and suspensions without pay of 40 hours or less (item 1. Warnings, Reprimands, and Suspensions Without Pay of 40 Hours or Less, below).
1. Warnings, Reprimands, and Suspensions Without Pay of 40 Hours or Less
A regular employee against whom the disciplinary action of oral warning, written reprimand, or suspension without pay of 40 hours or less is instituted shall be given written notice (via a written summary of the oral-warning meeting, a written reprimand, or a written notice of suspension, whichever applies) from the employee's supervisor. These 3 disciplinary actions may be implemented immediately and do not require a 7-day notice-of-intent memorandum. Any documents or materials giving rise to a disciplinary action will be identified in the supervisor's written notification of disciplinary action (if voluminous, the documents will be made available for the employee's inspection upon the employee's request or copies thereof will be provided with the notice when there are only a few).
The written summary of the oral-warning meeting, the written reprimand, and the written notice of suspension (whichever applies) will inform the employee of the following items: (1) the ground or grounds for the disciplinary action; (2) the employee's acts or omissions that form the basis for the discipline; and (3) his/her right to respond to the department head either orally (in a disciplinary review meeting) or in writing within 7 calendar days of receiving the supervisor's written notice of discipline. Although a disciplinary review meeting before the department head is not designed to be a formal evidentiary hearing, the employee may be represented by legal counsel or other individual of his/her choice at such meeting.
A regular employee against whom the disciplinary action of oral warning, written reprimand, or suspension without pay of 40 hours or less is instituted has the choice of two options.
Option I
An employee may elect to waive a disciplinary oral or written review, if desired.
If an employee does not respond to the department head either orally (in a disciplinary review meeting) or in writing within 7 calendar days of receiving the supervisor's disciplinary action, the disciplinary action taken by his/her supervisor becomes final. The employee's rights [as provided in item C.
Notification of Disciplinary Action/Predisciplinary Review (Skelly Rights), above] and appeal rights (as provided in item D. Right of Appeal, below), are deemed waived and the process is concluded.
Revised 7/09 Article 31 - Page 5 MPOA
Option II
If an employee does respond to the department head either orally (in a disciplinary review meeting) or in writing within 7 calendar days of the supervisor's disciplinary action, the department head, as he/she deems appropriate, shall implement, modify, or not implement the disciplinary action based upon his/her review of available pertinent written and oral input and shall notify the employee of said decision. An employee who is subject to a disciplinary action may submit an appeal to the City Manager within 10 calendar days following receipt of the department head's determination, as provided in item D. Right of Appeal, below.
2. Disciplinary Actions Other than Warnings, Reprimands, and Suspensions Without Pay of 40 Hours or Less
A regular employee against whom disciplinary action (other than warnings, reprimands, or suspensions without pay of 40 hours or less which may be implemented immediately and do not require a 7-day notice-of-intent memorandum) is instituted shall be given a written notice-of-intent memorandum from the employee's supervisor at least 7 calendar days prior to the effective date of the disciplinary action. Any documents or materials giving rise to a disciplinary action will be identified in the supervisor's written notification of disciplinary action (if voluminous, the documents will be made available for the employee's inspection upon the employee's request or copies thereof will be provided with the notice when there are only a few).
The written notice-of-intent-to-discipline memorandum will inform the employee of the the following items: (1) intended disciplinary action; (2) the ground or grounds therefore; (3) the employee's acts or omissions that form the basis for the proposed discipline; and (4) his/her right to respond to the department head either orally (in a predisciplinary review meeting) or in writing prior to the intended effective date of the disciplinary action pursuant to Skelly v. State Personnel Board [1975] 15 Cal.3d 194, within 7 calendar days of the supervisor's written notice-of-intent-to-discipline memorandum. Although a predisciplinary review meeting before the department head is not designed to be a formal evidentiary hearing, the employee may be represented by legal counsel or other individual of his/her choice at such meeting.
A regular employee against whom disciplinary action (other than oral warning, written reprimand, or suspension without pay of 40 hours or less) is instituted has the choice of two options.
Revised 7/09 Article 31 - Page 6 MPOA
Option I
An employee may elect to waive the above predisciplinary oral or written review, if desired. If an employee does not respond to the department head either orally (in a predisciplinary review meeting) or in writing pursuant to Skelly v. State Personnel Board [1975] 15 Cal.3d 194, within 7 calendar days of the supervisor's written notice-of-intent-to-discipline memorandum, the disciplinary action proposed by his/her supervisor becomes final. The employee's Skelly rights [as provided in item C. Notification of Disciplinary Action/Predisciplinary Review (Skelly Rights), above] and appeal rights (as provided in item D. Right of Appeal, below), are deemed waived and the process is concluded.
Option II
If an employee does respond to the department head either orally (in a predisciplinary review meeting) or in writing pursuant to Skelly v. State Personnel Board [1975] 15 Cal.3d 194, within 7 calendar days of the supervisor's written notice-of-intent-to-discipline memorandum, the department head, as he/she deems appropriate, shall implement, modify, or not implement the disciplinary action based upon his/her review of available pertinent written and oral input and shall notify the employee of said decision. An employee who is subject to a disciplinary action may submit an appeal to the City Manager within 10 calendar days following receipt of the department head's determination, as provided in item D. Right of Appeal, below.
Nothing contained herein shall be construed to waive any rights an employee may have pursuant to California Government Code Section 3300 et seq. of the Public Safety Officers Procedural Bill of Rights Act (PBOR).
D. Right of Appeal
Employees shall have the right to appeal a disciplinary action taken under this section, except for warnings. There is no right of appeal for a warning. Such appeal must be submitted to the City Manager within 10 calendar days of the employee’s receipt of the department head’s written disciplinary action determination, as provided in Item C. Notification of Disciplinary Action/Predisciplinary Review (Skelly Rights), above.
Appeals shall be processed in accordance with the grievance procedure specified in Article 32 (i.e., Article 32: Complaint/Grievance Procedures, D.3.c.); provided, however, that appeals of reprimands may be processed only so far as the City Manager (i.e., through Article 32: Complaint/Grievance Procedures, D.3.d.). In the case of suspensions of 41 hours or more, reductions in pay, demotions, and dismissals, the appeal shall be filed directly at the City Manager level of the grievance procedure (i.e., Article 32: Complaint/Grievance Procedures, D.3.c.).
Revised 3/04 Article 32 - Page 1 MPOA
ARTICLE 32: COMPLAINT/GRIEVANCE PROCEDURES
A. Statement of Purpose
1. To promote improved employer-employee relationships.
2. To afford employees a systematic means of obtaining expeditious resolution of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that the grievance procedure shall be as informal as possible.
B. Definitions
1. Days
Calendar days unless otherwise stated.
2. Employee
Any regular, full-time person employed by the City, except those persons elected by popular vote.
3. Representative
A person who at the request of the employee or supervisor is invited to participate in the grievance conferences.
C. Complaint Procedure
1. A complaint is an allegation or charge by an employee that a wrong has been committed.
2. Steps in Procedure
a. An employee who has a complaint should first try to resolve it through discussion with the employee's immediate supervisor without undue delay, but in no event later than 15 calendar days after the wrong has been committed.
b. If the action taken by his/her supervisor does not satisfy the employee, the employee may take his/her complaint to successive levels of Revised 3/04 Article 32 - Page 2 MPOA
supervision within the applicable department up to and including the City Manager.
D. Grievance Procedure
1. A grievance is a formal written allegation by an employee that the employee has been adversely affected by a violation of a specific provision(s) of this MOU. Actions to challenge or change the policies of the City as set forth in the rules and regulations or administrative regulations and procedures, so long as these are consistent with the terms of the MOU, must be undertaken under separate legal processes. Other matters for which a specified method of review is provided by law are not within the scope of this procedure.
2. Informal Meeting
An employee who has a grievance should first try to resolve it through discussion with his/her immediate supervisor. Such discussion shall occur as soon as possible, but in no event later than 15 calendar days after the occurrence of the act or omission giving rise to the grievance.
3. Formal Steps
a. If the grievance is not resolved at the informal level (see above) the employee may submit the grievance, in writing, to the department head within 10 calendar days after the meeting with the supervisor. The grievance shall include the specific section(s) of the MOU alleged to have been violated, a clear, concise statement of the nature of the grievance, and the remedy sought.
b. The department head or designee shall, within 10 calendar days of receipt of the grievance, provide the employee with an opportunity to discuss the grievance. The department head or designee shall render a determination within 10 calendar days after receiving the appeal, or if a meeting is held with the grievant, within 10 calendar days after the date of such meeting. c. In the event the grievance is not resolved at the department head level, the employee may submit an appeal to the City Manager within 10 calendar days following receipt of the department head's determination.
d. The City Manager or designee shall provide the employee with an opportunity to discuss the grievance within 10 calendar days of receipt of the appeal. The City Manager or designee shall render a determination within 10 calendar days after receiving the appeal, or if a meeting is held with the grievant, within 10 calendar days after the date of such meeting.
Revised 3/04 Article 32 - Page 3 MPOA
4. Advisory Arbitration
a. If the employee is not satisfied with the determination of the grievance by the City Manager, the employee (or Association) may submit the grievance to advisory arbitration. If the employee (or Association) determines to pursue the grievance to advisory arbitration, he/she must so notify the City Manager within 10 calendar days after the date of the City Manager's decision. In the event that the employee (or Association) makes a timely request for arbitration, the parties shall request a list of arbitrators from the California State Conciliation Service or any other entity the parties mutually agree upon.
b. The arbitrator shall be selected by the following procedure: The employee (or Association) and the City's representative shall select the arbitrator from the list by eliminating names until one name remains. The one remaining name shall be the arbitrator.
c. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the MOU. The arbitrator will have no power to add to, subtract from, or modify the terms of this MOU, or the ordinances, written policies, rules, regulations, and/or procedures of the City. d. Each party shall bear the full costs for its representation in the arbitration.
The cost of the arbitrator shall be divided equally between the City and the employee (or the Association). If either party requests a transcript of the proceedings, that party shall bear the full costs for that transcript. If the parties mutually request a transcript, the total cost of the transcript shall be divided equally between the parties.
e. After the conclusion of the hearing and any post-hearing briefs which may be filed, the arbitrator shall render an advisory decision, in writing, to the parties. If either party is dissatisfied with the arbitrator's decision, the party may appeal the matter to the City Council for its review. Such appeal must be in writing and set forth the basis for the appeal. The appeal must be submitted within 10 calendar days following receipt of the arbitrator's decision.
f. If the grievance is appealed to the City Council, the City shall provide the City Council with a copy of the record, including any transcript, if any, made of the hearing, for City Council's review. Both parties shall have the right to present written argument in support of their positions. Such written argument shall be presented to the City Council not less than 5 days prior to any scheduled meeting. Both parties shall also have the right to present oral arguments in support of their positions. The lengths of oral arguments Revised 3/04 Article 32 - Page 4 MPOA
shall be determined by the City Council. Procedures for consideration of the appeal shall be determined by the City Council. The City Council shall consider the appeal at a regular, adjourned, or special meeting of the City Council. Following consideration of the appeal, and not later than the second regularly scheduled meeting thereafter, the City Council shall render its decision in writing. The City Council's decision shall be final.
E. General Provisions
1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
2. The employee or the reviewer may request the assistance of another person (i.e., a representative of the employee's or reviewer's own choosing) at any level of review. Each party must be so notified if such is the case.
3. The employee and the employee's representative may be privileged to use a reasonable amount of work time, as determined by the department head, in preparing and conferring about the appeal.
4. The employee shall have the right to be present at all formal discussions outlined in this procedure.
5. The employee shall be given at least 2 working days' notice of any meeting requiring the employee's appearance, throughout the grievance procedure.
This provision may be waived by mutual agreement.
6. All communications, notices, and papers required to be in writing shall be served personally or by United States mail (return receipt requested), as specified in the foregoing procedures.
7. Any grievance should be treated as confidential information by all parties concerned until after the final decision has been rendered.
8. Employees shall be assured freedom from reprisal for using the grievance procedure.
9. To process a grievance through the levels of review, the employee must notify the last reviewer, in writing, that the employee is not satisfied with the reviewer's decision and that the employee is carrying the grievance to the next level of review.
10. Failure by the employee (or Association, as applicable) to meet any of the timelines specified herein shall constitute a withdrawal of the grievance.
Revised 3/04 Article 32 - Page 5 MPOA
11. Any member of the unit may at any time present grievances to the City and have such grievances adjusted without the intervention of the Association, as long as the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.
Revised 10/19 Article 33 - Page 1 MPOA
ARTICLE 33: AWARD PROGRAMS
Section 33.01. Employee Suggestion Awards Program
A. Purpose
The Suggestion Awards Program is designed to encourage employee participation in improving the efficiency and effectiveness of their job and City operations. It is intended to motivate employees toward problem identification and to stimulate creativity in problem solving. The program provides a means to communicate the high value City management places on constructive ideas, through recognition and reward.
B. Evaluation Procedure
1. All suggestions submitted will be acknowledged by memo to the suggester from the department head.
2. Suggestions shall be subject to the following rules and regulations:
a. Suggestions must be submitted in writing on approved forms. b. Suggestions must be signed and dated by the person(s) submitting.
c. No suggestion will receive consideration if it is submitted more than 30 calendar days after its date of adoption.
3. In order for a suggestion to become eligible for a monetary award, it should generally result in the improvement of equipment or practices through new or revised methods. Such changes should be of a nature as to result in one or more of the following:
a. Savings in time or materials.
b. Improvements in procedures, tools, or equipment.
c. Increased efficiency.
d. Elimination of hazards to personnel.
e. Improvements in working conditions.
f. Improvements in public relations.
g. Improvements in public service without increased costs.
Revised 10/19 Article 33 - Page 2 MPOA
4. Any suggestion which falls within any of the following categories shall not be eligible for a monetary award, but if approved by the City Manager on the recommendation of the department head is eligible for an award of commendation.
a. Any idea that does not pertain to Montclair City Government. b. A solution to any problem that falls within the scope of an officially assigned task or responsibility.
c. Any suggestion which in the opinion of the department head duplicates or is very similar to any suggestion received previously.
d. Any suggestion for a change that was already under consideration prior to the receipt of the suggestion.
e. Any suggestion that fails to offer a constructive solution to any problem. f. A request for obvious replacement, repairs, or maintenance of equipment. g. Petitions or anonymous suggestions.
C. Determination of Awards
1. Suggestion awards, whether monetary or awards of commendation, shall be based upon the recommendation of the department head(s) to the City Manager. The City Manager has final approval of all awards.
2. Suggestion awards shall be granted on the following scale:
a. Solutions to significant problems with limited applications - $10 to $25.
b. Solutions to major problems with limited application or significant problems with broad application - $25 to $50.
c. Solutions to major problems with broad application - $75 to $100. d. Certificates of commendation in lieu of monetary award may be issued for any suggestion which may be adopted.
3. Many suggestions will involve substantial expenditures and cannot be considered except in the context of annual budget preparation. If this is the determination of the department head(s), the suggester will be notified and that suggestion will be placed in a pending status for consideration during budget Revised 10/19 Article 33 - Page 3 MPOA
preparation. The value of the suggestion will be evaluated by the department head(s) within a 3-month period following adoption of the preliminary budget.
D. Additional Rules and Regulations
1. Any full-time or part-time employee of the City, except those classified as management employees, is eligible for full consideration under the Suggestion Awards Program.
2. The following must be submitted with each suggestion to make its evaluation easier:
a. Clear and complete explanation of the benefit.
b. Evaluation of all consequences of the adoption of the suggestion, both beneficial and negative.
c. As specific as possible estimation of savings.
d. Specific explanation of all costs to implement the suggestion with explanation of offset savings.
3. All suggestions are to be reviewed by the department head within 30 calendar days after submission. If it is apparent a determination of application cannot be made within 30 calendar days, the suggester will be notified by memo. All pending suggestions will be reviewed by executive staff on a quarterly basis.
E. Benefits of the Employee Suggestion Awards Program
1. Employee Benefits
The Suggestion Awards Program permits the employee to contribute to the improvement in City functions, operations, and safety. In addition to monetary awards, employees also gain recognition from co-workers and management for their creative efforts. Even nonacceptance of a suggestion can be beneficial if the employee is given sound reasons for the nonacceptance.
2. Management Benefits
Management realizes that responsibility and leadership regarding work method improvements and economies are being fulfilled when employees are encouraged to develop their creative-thinking abilities. Accepted suggestions have the immediate and tangible benefits of improving the morale and operating efficiency of departments and of making the work easier and safer.
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3. Benefits to City of Montclair
The suggestion system provides a means whereby employees and management work toward a common objective—to provide better service at a lower cost.
Section 33.02. Employee Service Awards Program
The City provides a service award program for its employees to honor their continuous service to the City and the community and to recognize their meritorious service. Under this program, employees can receive an award for each 5 years of continuous service.
In order for an employee to be eligible to receive a service award, and except as otherwise established in this section, the employee must be a full-time regular employee with the City on the employee's anniversary date. The anniversary date is generally defined as the anniversary of the employee's date of appointment as a regular, full-time employee with the City.
Effective January 1, 2006, the City shall amend the Employee Service Awards Program as indicated in the following table. A service award is presented to the employee for each 5 years of completed service to the City. To be eligible for the specified service award, and except as otherwise provided for in this section, an employee must have completed the 5 years of full-time, continuous service with the City that are contiguous to and immediately precede his/her anniversary date.
Years of Service Award
5 $ 500
10 $1,000
15 $1,500
20 $2,000
25 $2,500
30 $2,500
35 $2,500
40 $2,500
Eligible employees must have received "meets standards" or higher for all rating categories in each annual performance evaluation issued during the eligibility period. An employee receiving less than "meets standards" ratings shall have his/her eligible anniversary date changed by adding an additional year for each performance evaluation issued during the eligibility period in which 1 or more ratings appear that were below Revised 10/19 Article 33 - Page 5 MPOA
"meets standards." The anniversary date of an employee shall not be changed for failure of the supervisor to issue a performance evaluation for a rating period. In the absence of any one of the evaluations due during the eligibility period, the City Manager or his designee shall conclude that "meets standards" would have applied for each rating category.
The City shall include an eligible employee's service award on a payroll in the month following his/her anniversary date, or as soon as practical thereafter.
An employee leaving full-time City employment, for whatever reason, prior to his/her eligible anniversary date shall be ineligible to receive the service award.
An employee leaving full-time City employment prior to his/her eligibility for a service award, for whatever reason, and returning after an absence of 30 days or more, but no more than 365 consecutive days, shall have his/her anniversary date permanently changed to reflect the number of days of absence plus 1 year. A person returning to City employment after an absence of more than 365 consecutive days shall be required to wait a minimum of 5 years from the date of rehire before service award eligibility is reestablished. Except as may otherwise be impacted by performance evaluations and other relevant provisions of this MOU, the date of rehire shall be established as the base for determining the employee's anniversary date.
An employee placed off work for 30 days or more for disciplinary action (unless such disciplinary action is reversed on appeal) or leave without pay shall, for the purposes of this program, have his/her anniversary date permanently changed to reflect the number of days of absence.
An employee off work for LTD, Labor Code Section 4850 time, or any leave of absence where the employee's performance evaluation is delayed or otherwise cannot be issued pursuant to this MOU, including Article 27: Performance Appraisal, shall, for the purposes of this program, have his/her anniversary date permanently changed to reflect the number of days of absence.
Part-time employees are not eligible for participation in the Employee Service Awards Program. In the event that a part-time employee becomes full-time, his/her part-time service shall not count toward full-time service under the meaning and terms of the Employee Service Awards Program.
The City's Employee Service Awards Program is not a longevity program. It is based on recognition of satisfactory service for the eligibility period. Monetary awards made under this program are subject to taxation and are not PERSable.
Effective June 30, 2020, the Employee Service Awards Program shall be discontinued and no employee will be eligible to receive an employee service award on or after July 1, 2020.
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ARTICLE 34: WORK DISRUPTION
It is agreed and understood that there will be no strike, work stoppage, slowdown, refusal, or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this MOU, including compliance with the request of other labor organizations to engage in such activity.
The Association recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operation of the City or its agents by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cease such employee action.
It is agreed and understood that any employee violating this Article may be subject to discipline up to and including termination. It is understood that if an employee and/or the Association violate the terms of this Article the City shall be entitled, consistent with applicable law, and in addition to any other legal remedies available, to withdraw any rights, privileges, or services provided for in this MOU or in City rules from any employee and/or the Association (if the employee and/or the Association violate the terms of this MOU). It is agreed that no lockout of employees shall be instituted by the City during the term of this MOU, unless such work disruptions occur.
Revised 2/07 Article 35 - Page 1 MPOA
ARTICLE 35: OUTSIDE EMPLOYMENT
A. Policy
A City employee shall not engage in any employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with his/her duties, functions, or responsibilities as a City employee.
B. Authorization
1. Any officer or employee wishing to engage in any occupation or outside activity for compensation shall inform the department head of such desire, providing information as to the time required and the nature of such activity, and such other information as may be required. The department head shall determine whether or not such activity is compatible with the employee's City employment.
2. If the department head determines such activity is compatible, he/she may authorize the activity, in writing, with a copy to the Human Resources Manager.
3. Said authorization shall be valid only for the work and period prescribed herein.
C. Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the department head shall consider among other pertinent factors whether the activity:
1. Involves the use (for private gain or advantage) of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one's City office or employment; or
2. Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his City employment or as a part of his duties as a City employee; or
3. Involves the performance of any act in other than his/her capacity as a City officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such officer or employee or the department by which he/she is employed; or
4. Involves conditions or factors which would probably directly or indirectly lessen the efficiency of the employee in his/her regular City Revised 2/07 Article 35 - Page 2 MPOA
employment, or conditions in which there is a substantial danger of injury or illness to the employee.
D. Revocation
Permission for outside employment may be for any length of time deemed appropriate by the department head and included in the written authorization (also see B.2. above). All authorizations are subject to revocation by the department head, City Manager, or City Council.
E. Use of City Equipment Prohibited
1. No City-owned equipment, vehicles, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by any officer or employee while said officer or employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior written approval of the City Manager.
2. No officer or employee shall allow any unauthorized person to rent, borrow, or use any of the items mentioned in E.1. above, except upon prior written approval of the City Manager.
F. Violations and Penalties
Any violation of the provisions of this Article, shall constitute sufficient grounds for disciplinary action, up to and including dismissal.
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ARTICLE 36: POLITICAL ACTIVITIES
No employee shall solicit political campaign funds or campaign for or advocate the election or nonelection of any political cause, measure, or candidate for national, state, county, or local office while on City time, during working hours, or in a City uniform whether on or off duty. Employees shall not disseminate political material of any kind while on duty, during work hours, or in a City uniform on or off duty.
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ARTICLE 37: SEEKING NEW EMPLOYMENT
The City encourages individual initiative and does not wish to stand in the way of an employee applying for a position of advancement elsewhere. By applying for such a position, an employee in no way impairs job security in Montclair. However, job-hunting activities shall not interfere with an individual's City duties; time off for interviews will be charged against the individual. In the case of voluntary resignation, the City requests that the employee give 2 weeks’ written notice to the department head.
Revised 7/09 Article 38 - Page 1 MPOA
ARTICLE 38: HARASSMENT IN EMPLOYMENT POLICY
A. Policy Statement
All employees are to be treated with respect and dignity. Harassment of an applicant or employee by a supervisor, manager, or co-worker on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age will not be tolerated.
This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leaves of absence, compensation, and training.
Disciplinary action up to and including termination will be instituted for behavior described in the following definition of harassment.
Any retaliation against a person for filing a harassment charge, making a harassment complaint, or otherwise being involved in a harassment investigation is prohibited.
Employees found to be retaliating against another employee shall be subject to disciplinary action up to and including termination.
B. Definitions
Harassment includes, but is not limited to:
1. Verbal Harassment
Epithets, or derogatory comments or slurs on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age. This includes inappropriate sexoriented comments on one's appearance, including dress or physical features, or race-oriented stories and jokes.
2. Physical Harassment
Assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age.
This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to sexual acts.
Revised 7/09 Article 38 - Page 2 MPOA
3. Visual Forms of Harassment
Derogatory posters, cartoons, or drawings related to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, pregnancy, sexual orientation, sex, or age.
4. Sexual Harassment
Unwanted sexual advances, requests for sexual favors, and other acts of a sexual nature where the following exist:
a. Submission is made an explicit or implicit term or
condition of employment;
b. The submission to or rejection of the conduct is used as the basis for employment decision(s); or
c. When the conduct is intended to or actually does,
unreasonably interfere with an individual's work
performance, or creates an intimidating, hostile, or
offensive working environment.
Even though one incident of any of the conduct described above may not necessarily constitute a violation of state or federal law, one incident alone may constitute a violation of this policy.
C. Complaint Procedures
1. An employee who believes he/she has been harassed may make a complaint orally or in writing with any of the following:
a. Immediate supervisor;
b. Department head;
c. Human Resources Manager; or
d. City Manager.
2. Any supervisor or department head who receives a harassment complaint, observes, or otherwise learns of harassing behavior in the workplace, should notify the Human Resources Manager promptly.
3. Upon receiving notification of a harassment complaint, the Human Resources Manager or designee will notify the complaining employee of his/her rights and Revised 7/09 Article 38 - Page 3 MPOA
the procedures available to redress any violation of the employee's rights to be free from harassment. The Human Resources Manager or designee will conduct an investigation which shall include, but will not necessarily be limited to, the following:
a. Interviews with the complainant, the accused harasser, and any other persons the investigator has reason to believe have relevant knowledge concerning the complaint.
b. Review of the factual information gathered during the investigation to determine whether the alleged conduct
occurred and whether such conduct constitutes harassment under this policy based on the totality of the circumstances, including the nature of the verbal, physical, visual, or sexual conduct, and the context in which the alleged incident(s) occurred.
c. Preparation of a written report setting forth the results of the investigation and the determination of whether or not
harassment occurred. The results shall be reported to the appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the type of discipline will not be communicated to the complainant.
d. The City will make its best effort to protect the privacy of all individuals who are interviewed or consulted during the investigation process.
4. External Complaint Procedure
If an employee believes that he/she has been harassed as defined above, the employee may pursue a claim against the City with the Department of Fair Employment and Housing (DFEH) and the Fair Employment and Housing Commission (FEHC). The DFEH is the state administrative agency with jurisdiction to investigate and prosecute complaints of harassment. The FEHC is the state administrative agency with jurisdiction to adjudicate claims of harassment. The complaint procedures for these agencies are as follow:
a. The employee must contact one of several DFEH district offices in person, by telephone, or in writing to schedule an intake interview.
b. A DFEH consultant will conduct the interview and decide whether to accept the complaint. If the DFEH accepts the Revised 7/09 Article 38 - Page 4 MPOA
complaint he/she will draft the complaint and send it to the employee for verification and signature.
c. The DFEH will then file the complaint and serve it on the employer. The complaint must be filed within 1 year of the alleged act of harassment. The DFEH will then request a response to the employee's allegations and answers to specific questions from the employer.
d. The DFEH will then decide whether to close the case, attempt settlement, or proceed with investigating the allegations. e. If the DFEH investigates and determines that the claim has no merit, it will close the case and issue a right-to-sue letter to the employee.
f. If the DFEH finds that there is merit and no settlement can be reached, it will issue an accusation which initiates the administrative proceeding before the Fair Employment and Housing Commission (FEHC).
g. At any time after the complaint is filed, the employee may request a right-to-sue letter.
5. Legal Remedies Available Through the FEHC
If the FEHC finds that the employer engaged in unlawful harassment under the FEHA, it must state its findings of fact and determination. The FEHC must also issue and serve a cease and desist order on the employer.
The FEHC is authorized to provide the following types of relief to an aggrieved employee:
a. The hiring, reinstatement, or upgrading of employees, with or without back pay.
b. The payment of actual damages, as may be available in FEHA civil actions.
c. Affirmative or prospective relief to prevent the recurrence of the harassment.
d. A report to the FEHC regarding the manner of compliance with the FEHC's order.
e. Administrative fine.
Revised 7/09 Article 38 - Page 5 MPOA
6. How to Contact the DFEH
An employee may contact the DFEH by telephone at 1-800-884-1684.
D. Remedial Action
1. If harassment occurred, prompt and effective remedial action shall be taken against the harasser. The action taken shall be commensurate with the severity of the offense.
2. Reasonable steps shall be taken to protect the complainant from further harassment.
3. Reasonable steps shall be taken to protect the complainant from retaliation as a result of communicating the complaint.
4. If appropriate, action shall be taken to remedy the victim's loss, if any, which resulted from the harassment.
E. Other Provisions
1. Dissemination of Policy - All supervisors and the Human Resources Manager will take such steps as are necessary to make the policy against harassment and the procedures available for remedying any harassment known to all employees and regularly communicated to them.
2. If an employee who feels that he or she has been the victim of harassment is not satisfied with the results of the procedure outlined in items C and D above, he or she can institute the formal grievance procedure. The time limits specified in the formal grievance procedure will begin as of the date of notification to the complaining employee at the conclusion of the investigation or of final action taken.
3. The City's designated Equal Employment Opportunities/Affirmative Action Officer is Deputy City Manager/Administrative Services Director Starr. If there are any questions regarding this policy, please contact Deputy City Manager/Administrative Services Director Starr (909/625-9405) or Human Resources Manager Charleston (909/625-9406).
Revised 7/02 Article 39 - Page 1 MPOA
ARTICLE 39: CREDIT UNION
Membership in a City-approved credit union is available to all employees. Repayment of loans or the establishment of a savings plan can be accomplished through automatic payroll deductions with payment to the credit union. Additional information concerning payroll deductions may be obtained from the Administrative Services Department.
Revised 7/09 Article 40 - Page 1 MPOA
ARTICLE 40: NEPOTISM, MARITAL STATUS, AND DATING POLICY A. No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of marital status or relationship to another employee or official of the City. For the purpose of this Article, marital status is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state. For the purpose of this Article, a relative shall be defined as a member of the immediate family. Immediate family is defined to mean spouse, domestic partner, children, parents, brothers, sisters, grandparents, grandchildren of the employee, and the corresponding relationships by affinity.
B. Notwithstanding the above provisions, the City retains the right:
1. To refuse to place one party to a relationship, as defined in item "A" above, under the direct or indirect supervision of the other party to a relationship.
2. To refuse to place both parties to a relationship, as defined in item "A" above, in the same department, division, or facility where there is a potential for creating adverse impact on supervision, safety, security, or morale, or that involves potential conflicts of interest.
3. To disqualify one party to a relationship, as defined in item "A" above, for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information.
C. For purposes of this Article, "relationship" shall refer to both marital status and relative, as defined in item "A" above.
D. An employee in a dating relationship shall not directly supervise the other employee involved in the dating relationship.
Revised 3/04 Article 41 - Page 1 MPOA
ARTICLE 41: DOMESTIC PARTNER
Pursuant to federal and/or state law, and where necessary to implement the rights of domestic partners under such laws, gender-specific terms referring to spouses, children, and/or family members of married members as referenced in MOUs, employee agreements, policies, provisions, and procedures of the City related to City employees and their family members shall be construed to include domestic partners.
To establish a domestic partnership, the following criteria must be met:
1. Both persons share a common residence.
2. Both persons agree to be jointly responsible for each other's basic living expenses incurred during the domestic partnership.
3. Neither person is married or a member of another domestic partnership.
4. The 2 persons are not related by blood in a way that would prevent them from being married to each other in this state.
5. Both persons are at least 18 years of age.
6. Either of the following:
a. Both persons are members of the same sex.
b. One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in 42 U.S.C. Section 402(a) for old-age insurance benefits or Title XVI of the Social Security Act as defined in 42 U.S.C.
Section 1381 for aged individuals. Notwithstanding any
other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62.
7. Both persons are capable of consenting to the domestic partnership.
8. Neither person has previously filed a Declaration of Domestic Partnership with the Secretary of State pursuant to this section that has not been terminated under Section 299.
9. Both file a Declaration of Domestic Partnership with the Secretary of State pursuant to this section.
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The City is prohibited from requiring proof of Declaration of Domestic Partnership for benefits eligibility if proof of Marriage Certificate/License for benefits eligibility is not required.
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ARTICLE 42: LACTATION ACCOMMODATION
When a female employee returns from pregnancy leave, the City will provide a reasonable amount of break time to accommodate the employee desiring to express breast milk for an employee's infant child. Any time required to express breast milk beyond the employee's normal break time is unpaid. The City will also make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private (also see Section 14.04. Pregnancy Leave).
Revised 7/09 Article 43 - Page 1 MPOA
ARTICLE 43: ORGANIZATIONAL FRAMEWORK
Section 43.01. Personnel System
The City Council has, by Ordinance No. 114, delegated responsibility to the City Manager for the administration of the personnel system of the City. In accordance with this responsibility, the City Manager is responsible for the implementation and maintenance of the City's policies. The City Manager may, however, delegate responsibility for the day-to-day administration of the personnel system to the Deputy City Manager/Director of Administrative Services and/or City department heads.
Section 43.02. Personnel Committee
The Personnel Committee of the City Council shall include two members of the City Council and the City Manager. By City Council policy, this Committee shall review actions of the City Manager and department heads in administering the City's personnel system— such as hiring, promotions, merit increases, layoffs, etc. In the day-to-day management of the personnel system, however, the decision of the City Manager is final until such decision has been approved by the Personnel Committee or successfully appealed through the City's grievance procedure.
Section 43.03. Employer-Employee Relations
Employer-employee relations in the City shall be governed by Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Myers, Milias, Brown Act), as enacted by Resolution No. 761 and the Rules and Regulations to implement EmployerEmployee Relations Resolution No. 761, adopted by the City Council of the City on November 3, 1969. Under the terms of this resolution, employees shall have the right to form, join, and participate in the activities of employee organizations, with the right 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 also have the right to refuse to join or participate in the activities of employee organizations.
The City Manager or designated representative(s) shall represent the City and meet and confer, in good faith, with recognized employee organizations regarding matters within the scope of representation. These and all other matters of employer-employee relations that fall within the scope of Resolution No. 761 and employee representation shall be governed by the procedures set forth in this resolution.
Section 43.04. Individual Representation
In accordance with Montclair Resolution No. 761, any employee who wishes may be represented individually for purposes of discussing wages, hours, and other terms and conditions of employment. So that this might be done in an orderly and logical manner, the procedure set forth below is that which should be followed by those persons who wish to represent themselves.
Revised 7/09 Article 43 - Page 2 MPOA
A. Any employee wishing to be represented individually (as opposed to being represented by an employee organization), must indicate a desire to do so in writing and forward the notice to the City Manager or designated representative.
B. Any employee who indicates a desire to be represented individually in connection with any matter relating to wages, hours, or other terms and conditions of employment must submit the items for discussion in writing to the department head through the appropriate channels within the employee's department.
C. The department head or designated representative will review the requests and discuss them with the employee.
D. If the employee and department head are in agreement, the department head may then represent the employee's interest in discussing the proposals and requests with the City Manager or designated representative. If, however, the employee and the department head do not agree or the employee wishes to pursue the matter further, the individual shall have the option of taking the request(s) up with the City Manager or designated representative.
E. The City Manager or designated representative, within a reasonable amount of time, will make a determination regarding the employee's request.
F. All proposals and/or requests from employees who wish to meet and confer individually must be received by the City Manager or designated representative prior to April 15 of each year to be considered for implementation in the next fiscal year.
The purpose of the procedure outlined above is to reflect the fact that employees who represent themselves individually are basically then represented by the management of their respective departments. It is also intended to provide a system of appeal to the City Manager or designated representative, should the matter not be resolved within the originating department.
Section 43.05. Affirmative Action/Equal Opportunity Policy A. City Council Policy Statement
The Montclair City Council is committed to the concept of equal opportunity employment as a necessary element of the City's merit system principle. This commitment will be supported by positive efforts to ensure equal employment opportunity for protected classes, in both recurring City employment and in promotional opportunities at all job levels. These objectives are realized by the implementation of an affirmative action/equal opportunity program.
B. Implementation of Plan
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The plan is implemented as follows:
In accordance with the City's personnel policy, the City Manager has delegated the responsibility for the day-to-day administration of the personnel system to the Deputy City Manager/Director of Administrative Services. Therefore, implementation responsibility of the City's affirmative action/equal opportunity program is hereby assigned to the Deputy City Manager/Director of Administrative Services. It shall be the responsibility of the Deputy City Manager/Director of Administrative Services to assume the duties of Affirmative Action Officer for the City.
The Affirmative Action Officer shall provide for effective communication and implementation of the requirements of this plan with department heads. The plan will be implemented, consistent with federal requirements and guidelines. It shall be the Affirmative Action Officer's responsibility to monitor the implementation and progress of this plan and report compliance, success, or deficiencies to the City Manager on an annual basis.
The affirmative action/equal opportunity program does not mean the City will accept employees who do not perform satisfactorily. It will be expected that any new employees hired will progress to full qualifications within the probationary period. If this is not the case, the employees will be subject to discipline.
Selection, employment, and promotion in the City will continue to be based upon such factors as individual performance, ability, aptitude for the position applied for, experience, training, education, character, personality, and physical fitness. The affirmative action/equal opportunity program clearly manifests the intent of this City as an employer to obey all federal employment laws, and guarantee an equal opportunity for employment to all people.
The entire Affirmative Action Policy, adopted by the City Council on June 2, 1975, is on file in the City Manager Department.
Section 43.06. Disabled/Handicapped Nondiscrimination Policy A. It is the policy of the City that no qualified handicapped/disabled individual shall, solely by reason for his/her handicap/disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any program, activity, or employment opportunity offered by the City.
A "qualified handicapped individual" is defined as a handicapped/disabled person who, with or without reasonable accommodation, can perform the essential functions of the job in question.
Revised 7/09 Article 43 - Page 4 MPOA
An individual with a disability is any person who has a physical or mental impairment that substantially limits the ability to perform a major life activity; for example, to care for oneself, perform manual tasks, walk, see, hear, speak, breathe, learn, or work; has a record of such an impairment; or is regarded as having such an impairment.
The judgment of whether any given person is "substantially limited" depends upon the nature and severity of that person's disabling condition. Temporary disabilities (e.g., a broken limb or temporary illness) are not "substantially limiting" within the concept of disabling condition.
Physical or mental impairments that fall within discrimination prohibitions include:
1. Any physiological disorder or condition; cosmetic disfigurement or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic, and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
3. Such diseases and conditions as orthopedic, visual, speech, hearing, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, emotional illness, drug addiction, and alcoholism.
B. The City shall make all decisions concerning employment in a manner which ensures that discrimination on the basis of handicap/disability status does not occur or limit, segregate, and classify applicants or employees in any way that adversely affects their opportunities or status because of handicap/disability. Specifically, the City does not discriminate against qualified handicapped/disabled individuals in the following activities:
1. Recruiting, advertising, and the processing of applications for employment.
2. Hiring, upgrading, promoting, award of tenure, demoting, transfer, layoff, terminating, right of return from layoff, and rehiring.
3. Setting rates of pay or any other forms of compensation, and changes in compensation.
4. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.
Revised 7/09 Article 43 - Page 5 MPOA
5. Granting leaves of absence, sick leave, or any other leave.
6. Providing fringe benefits available by virtue of employment.
7. Selection and financial support for training, meetings, conferences, and other related activities.
8. Employer-sponsored activities.
9. Any other term or condition of employment.
C. The City shall make reasonable accommodation to the known physical or mental limitations of a qualified handicapped applicant or employee, unless the accommodation would impose an undue financial hardship, or would impose severe restrictions on affected programs, activities, or operations. Reasonable accommodations may include but are not limited to the following:
1. Making facilities used by employees readily accessible to and usable by handicapped/disabled persons; and
2. Job restructuring, part-time or modified-work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices (e.g., telecommunication devices), or the provision of readers or qualified sign language interpreters.
Accommodations shall be made in consultation with the
handicapped/disabled individual.
The determination of whether an accommodation would impose an undue hardship on the operation of City programs or activities shall be made on a case-by-case basis, upon consideration of the following factors:
1. The overall size of the City government with respect to number of employees, number and type of facilities, and size of budget;
2. The type, composition, and structure of the specific program or activity and the structure of the work force; and
3. The nature and cost of the accommodation needed.
D. The City does not use any employment test, selection criterion, or policy that screens out, or tends to screen out from consideration for employment, a handicapped/disabled individual, unless:
1. The test, selection criterion, or policy is shown to be directly related to the essential functions of the position in question; or Revised 7/09 Article 43 - Page 6 MPOA
2. Alternative job-related tests, criteria, or policies that do not screen out, or tend to screen out, handicapped/disabled individuals are shown not to be available.
The City shall select and administer tests using procedures that accommodate the special problems of handicapped/disabled individuals (e.g., auxiliary aids such as readers or qualified sign language interpreters). The test results shall not reflect the applicant's or employee's impaired sensory, manual, or speaking skills, except where such skills are essential requirements of the job.
E. The City shall not conduct a preemployment medical examination or make a preemployment inquiry of an applicant as to whether the applicant is a handicapped/disabled individual or as to the nature or the severity of the handicap/disability. The City may, however, make a preemployment inquiry into an applicant's ability to perform the essential functions of the job.
The City may condition an offer of employment on the results of a medical examination conducted prior to the prospective employee's entrance on duty, provided that:
1. All entering employees are subjected to such an examination; and
2. The results of the examination are not used as a means of discrimination against a qualified individual with a handicap/ disability.
In addition to the above policy, the City will comply with the Americans with Disabilities Act (ADA) and all other federal and state requirements.
Section 43.07. Communicable Disease Policy
A. The City does not discriminate in its employment policies on the basis of exposure to contagious disease or infection, or the physical conditions produced by such disease or infection. Montclair is committed to a course of action which will prevent the spread of infectious diseases, including the Acquired Immune Deficiency Syndrome (AIDS virus), and reduce fears and dispel myths about the disease of AIDS. The following guidelines are intended by the City to balance the interests of persons suffering from such diseases with the interests of the City in protecting its employees from any dangers associated with those diseases.
B. Employees are encouraged to inform the City of any contagious disease or infection which he/she considers to be a handicap or is legally a handicap as soon as an individual learns of his/her condition. No employee who is otherwise qualified to work may be discriminated against because of a physical handicap. Legal protections established for handicapped persons shall extend to employees Revised 7/09 Article 43 - Page 7 MPOA
significantly impaired by contagious diseases or infections. Employees shall not be required to undergo testing for AIDS, ARC, or the HTLV-III antibody.
C. An employee who has a contagious disease or infection shall be provided with continued employment in his/her present capacity unless the following factors demonstrate that, because of such disease or infection, the employee would cause a direct threat to the health or safety of other individuals or is unable to perform the duties of the job:
1. The nature of the risk; e.g., how the disease is transmitted.
2. The duration of the risk; e.g., how long the carrier is infectious.
3. The severity of the risk; e.g., the potential degree of harm to third parties.
4. The probability the disease will be transmitted.
5. The physical condition of the employee; e.g., diagnosis, treatment, and prognosis of the condition.
6. The job requirements and the expected type of interaction with others in the work environment.
D. The condition and job assignment of an employee who has a contagious disease or infection shall be reevaluated on a regular basis. The City Manager, or designee, shall monitor changes in the state of medical knowledge about the contagious disease or infection, or changes in the employee's medical treatment or health status which might affect his/her assignment.
E. The City shall provide reasonable accommodation to employees impaired by a contagious disease or infection, in a manner consistent with that provided for other medical problems. Employees may be reassigned or granted disability leave if they are unable to perform job responsibilities because of a contagious disease or infection, or if a contagious disease or infection endangers an employee's health or the health of others.
F. If an employee has concerns about the presence of a person with the AIDS virus, or any other infectious disease, that individual should be directed to a knowledgeable counselor or medical health practitioner in the City's Employee Assistance Program (EAP) to help allay fears.
G. Confidentiality
Although medical personnel are required to report known AIDS cases to the local county health department within 24 hours, confidentiality of all medical conditions Revised 7/09 Article 43 - Page 8 MPOA
shall be maintained. There is no medical necessity to advise co-workers of the immediate presence of persons who have AIDS, AIDS Related Complex, or a positive HTLV-III antibody test. Disclosure of the result of a blood test to detect AIDS, without written authorization from the employee tested, can result in substantial monetary penalties under state law.
The City Manager shall ensure that all employees' rights to confidentiality are strictly observed. Medical records/information shall be disclosed only to the extent required or permitted by law. Only those persons with a clear need to know shall be informed of an employee's health condition.
Section 43.08. Bloodborne Pathogens Policy
A. Purpose
It is the intent and purpose of this policy to minimize or eliminate employee exposure to, and/or spreading of, communicable diseases.
B. Policy
1. The City shall accept the responsibility for the establishment of measures to protect "at risk" personnel (employees) from exposure to blood and other potentially infectious body fluids.
2. To assist personnel in making decisions concerning the use of protective equipment.
3. To protect the privacy rights of all personnel who in the line of duty may be exposed to or contract a communicable disease.
4. Each Department within the City with "at risk" personnel (employees) shall establish and implement procedures that are ". . . at least as effective" as the Department of Labor's Occupational Exposure to Bloodborne Pathogens. ("29 CFR Part 1910.1030" Occupational Safety and Health Administration.) Section 43.09. Drug/Alcohol Abuse Policy
A. Purpose
It is the intent and purpose of this policy to eliminate substance abuse and its effects in the workplace; to protect the safety of employees, citizens, and property; to promote efficiency and productivity among City employees; and to prevent loss of public confidence and damage to the City's reputation.
The City's primary concern is to ensure employees are in a condition to perform their duties safely and efficiently. Montclair has no intention of unnecessarily intruding Revised 7/09 Article 43 - Page 9 MPOA
into the private lives of its employees, unless involvement with drugs and alcohol off the job affects job performance and employee safety. The presence and influence of drugs and alcohol on employees during working hours will not be tolerated.
Employees who think they may have an alcohol or drug usage problem are encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP) or other available sources. While Montclair will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help.
B. Policy
1. It is Montclair's policy that employees shall not report to work intoxicated or under the influence of alcohol or narcotics, prescribed or over-the-counter medications in excess of prescribed dosage, or other nonprescribed hallucinogenic substances, or become so intoxicated or influenced while on duty. In addition, employees shall not sell or provide any drugs or alcohol, while on duty or on City property, unless directly related to a legitimate criminal investigation or authorized City function.
While use of prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of City equipment may result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
2. Montclair reserves the right to search, without employee consent, all areas and property in which the City maintains control or joint control with the employee.
In areas not jointly or fully controlled by the City, we may notify the appropriate law enforcement agency consistent with Government Code Section 3309.
3. The City is committed to providing reasonable accommodation to employees whose drug or alcohol problem classifies them as handicapped under federal or state law.
4. An EAP has been established to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors, or an EAP counselor directly, for additional information.
5. Employees violating this policy shall be subject to disciplinary action, up to and including termination.
Revised 7/09 Article 43 - Page 10 MPOA
6. For purposes of this policy, "subject to duty" means "specifically assigned to an on-call status (e.g., standby, etc.)."
C. Application
This policy applies to all employees of the City. It applies at all times when employees are on City property, and when employees are off City premises but on duty and engaged in any activity where the employee is representing the City.
Alcohol and all substances, drugs, or medications (legal or illegal) that could impair an employee's ability to effectively and safely perform the functions of the job, or increase the potential for accidents, absenteeism, substandard performance, and poor employee morale, are covered by this policy. In addition, certain employees are covered by the Department of Transportation Drug Testing Rules. These rules and the specification of employees covered by these rules are set forth in a separate City policy entitled “Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations.”
D. Employee Responsibilities
An employee shall:
1. Not report to work or be subject to duty while his/her ability to perform job duties is impaired due to on- or off-duty alcohol or drug use;
2. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or while on City property, unless authorized by the City Council, City Manager, department head, or possessed/consumed as part of an official City function;
3. Not directly, or through a third party, sell or provide drugs or alcohol to any person or to any other employee while on duty;
4. Submit immediately to an alcohol/drug test if requested by his/her supervisor, when there is reasonable suspicion that he/she is under the influence of drugs or alcohol. Failure to submit to an alcohol/drug test, when so ordered by a manager or a supervisor, will be considered insubordination and grounds for termination;
5. Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment; and
Revised 7/09 Article 43 - Page 11 MPOA
6. Provide, within 24 hours of request, evidence of a current valid prescription for any drug or medication identified when a drug/alcohol test is positive. The prescription must be in the employee's name.
Nothing herein shall be construed to waive any rights provided by law.
E. Management Responsibilities and Guidelines
1. Managers and supervisors are responsible for reasonable and consistent enforcement of this policy.
2. Managers and supervisors shall receive training as to how to effectively implement the provisions of this policy.
3. Managers and supervisors have the authority to order an employee to submit to a drug/alcohol test when there is a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. If reasonable suspicion exists, the manager or supervisor shall have the authority to order an employee, accompanied by a supervisor, to report immediately to a City-designated medical facility to be examined by a physician and to take an appropriate test for drug and/or alcohol use. The examination shall be conducted while the employee is "on the clock." The City shall bear the expense of the examination, and shall provide transportation to and from the medical facility and the employee's work station. "Reasonable suspicion" is a belief, based on objective facts, sufficient to lead a reasonable prudent supervisor to suspect that an employee is under the influence of drugs or alcohol and the employee's ability to perform the functions of the job safely is impaired or reduced. Examples of factors which may constitute reasonable suspicion include, but are not limited to:
a. Slurred speech;
b. Alcohol odor on breath;
c. Unsteady walking and movement;
d. An accident on or involving City property, when it appears the employee is at fault;
e. A physical or a verbal altercation initiated by the employee; f. Unusual behavior for a particular employee;
g. Possession of alcohol or drugs; and/or
Revised 7/09 Article 43 - Page 12 MPOA
h. Information obtained from a reliable person with personal knowledge.
4. Any manager or supervisor requesting an employee to submit to a drug/alcohol test shall document, in writing, the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs.
5. Any manager or supervisor who encounters an employee who refuses an order to submit to a drug/alcohol test upon request shall remind the employee of the requirements and disciplinary consequences of this policy. If the employee continues to refuse an order to submit to a drug/alcohol test, the manager or supervisor shall prevent the employee from engaging in further work until he/she can be safely transported from the work site.
6. Managers and supervisors shall not physically search employees and/or personal possessions without an employee's consent. All searches shall be conducted in the presence of the employee and at least two representatives for the City.
7. Managers and supervisors shall notify their department head, or designee, when they have a reasonable suspicion that an employee may have alcohol or illegal drugs in his/her possession, or in an area not jointly or fully controlled by the City, when an employee refuses to consent to a search. If the department head, or designee, concurs that there is reasonable suspicion of illegal drug possession, the department head shall notify the appropriate law enforcement agency.
F. Physical Examination and Procedure
The drug and/or alcohol analysis may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, PCP, methadone, barbiturates, amphetamines, and marijuana or other cannabinoids.
G. Results of Drug and/or Alcohol Test
1. If the drug/alcohol test is positive, the employee must provide, within 24 hours of receiving the test results, a valid current prescription for the identified drug(s).
Prescriptions must be in the employee's name. If the employee does not have a valid prescription, or if the prescription is not in the employee's name, and if the employee has not previously notified his/her supervisor that he/she was/is using the prescription drug(s), a positive result from a drug and/or alcohol test may result in disciplinary action, up to and including discharge from City employment. The cut-off levels for initial screening tests and confirmation tests shall conform with standards established by Department of Transportation Revised 7/09 Article 43 - Page 13 MPOA
(DOT) drug and alcohol testing regulations, Subpart F, Fees, and other applicable sections and parts. By their reference, such standards shall be incorporated herein.
2. If any alcohol or drug test is positive, the City shall conduct an investigation to gather all the facts. The decision to discipline or discharge an employee will be carried out in conformance with the City's discipline procedures.
3. If the drug/alcohol test is positive, an employee may request an additional alcohol or drug test, through another source, at his/her own expense.
H. Confidentiality
Laboratory reports and test results shall be included in a separate confidential medical folder contained within the employee's personnel file. The reports and/or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without employee consent, may also occur when:
1. The information is compelled by law or by judicial or administrative process;
2. The information has been placed at issue in a formal dispute between the City and the employee;
3. The information is to be used in administering an employee benefit plan; or
4. The information is needed by medical personnel for the diagnosis or treatment of an employee who is unable to authorize disclosure.
Section 43.10. Civil Litigation Notification
If the City is notified by an employee that he/she has been named as a defendant in a civil action for conduct occurring within the course and scope of employment, the City shall, in turn, notify the employee of any rights he/she may have regarding representation and/or indemnification by the City. The notification shall include the mechanism by which an employee may request representation/indemnification and the time limits, if any, for such request.
Revised 3/04 Article 44 - Page 1 MPOA
ARTICLE 44: EFFECT OF AGREEMENT
A. Amendments
The provisions of this MOU can be amended, supplemented, rescinded, or otherwise altered only by mutual agreement in writing, hereafter signed by the designated representative of the City and the Association.
B. It is understood and agreed that the specific provisions contained in this MOU shall prevail over employer practices and procedures, prior written agreements, and over state laws to the extent permitted by state law, and that in the absence of specific provisions in this MOU such practices and procedures are discretionary.
C. During the term of this MOU, the parties expressly waive and relinquish the right to meet and confer and agree the parties shall not be obligated to meet and negotiate with respect to any subject matter, whether referred to or covered in this MOU or not, even though each subject or matter may not have been within the knowledge or contemplation of either or both the City or the Association at the time they met and negotiated on and executed this MOU, and even though such subjects or matters were proposed and later withdrawn. However, the parties agree to reopen this MOU in the second year for wages, medical insurance, and one additional noneconomic issue per party.
D. This MOU constitutes the total and entire agreement between the parties and no verbal statements shall supersede any of its provisions.
Revised 12/22 Article 45 - Page 1 MPOA
ARTICLE 45: TERM
Except as otherwise indicated herein, the current MOU shall be effective upon the date of ratification by the City Council for the period of July 1, 2021, through June 30, 2025.
After June 30, 2025, the existing terms, conditions, and provisions shall remain in effect, and City and employees agree to abide by those terms, conditions, and provisions unless otherwise altered by the meet and confer process, or unless otherwise indicated in this MOU.
IN WITNESS THEREOF, this MOU is entered into this day, pursuant to the provisions of Government Code Section 3500 et seq. for presentation to the City Council of the City of Montclair.
MONTCLAIR POLICE OFFICERS ASSOCIATION
Dated: ___________________ By:
By:
By:
By:
CITY OF MONTCLAIR
Dated: ___________________ By:
By:
By:
By: