RESOLUTION NO. 25-4867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CA LIFORNIA, APPROVING , ADOPTING AND
IMPLEMENTING A SUCCESSOR MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MURRIETA AND THE
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION FOR THE
PERIOD JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Murrieta (“City”) endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and
WHEREAS, the compensation and benefits offered by the City to its employees are designed to aid in the City’s employee recruitment and retention efforts; and
WHEREAS, Section 36506 of the California Government Code requires that the City Council of the City fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, the most recent Memorandum of Understanding (“MOU”) between the City and the Murrieta General Employees ’ Association ( “MGEA”), adopted by City Council Resolution No. 23-4704 covering the period July 1, 2022 through June 30, 2024 (“MGEA MOU 2022-24”) expired June 30, 2024; and
WHEREAS, the City and MGEA met and conferred in good faith and reached a Tentative Agreement on a fair and equitable package of total compensation for a successor MGEA MOU for the period July 1, 2024 through June 30, 2027 (“Tentative Agreement”), pursuant to the Meyers- Milias-Brown Act (“MMBA”) (Government Code sections 3500-3511) and the City’s Employer- Employee Relations Resolution No. 93-214; and
WHEREAS, the members of the MGEA voted to ratify the Tentative Agreement, and the labor representatives of the City and the MGEA executed the Tentative Agreement which Tentative Agreement was then approved by the City Council on September 3, 2024 , with the adoption of Resolution No. 24-4783, to provide changes to employee compensation and benefits pending drafting, approval, and adoption of a successor MGEA MOU; and
WHEREAS, the City and MGEA met and conferred in good faith pursuant to the terms of the Tentative Agreement and Resolution No. 24-4783 to draft the successor MGEA MOU for the period July 1, 202 4, through June 30, 202 7, pursuant to MMBA Section 3505.1 and the City’s Employer-Employee Relations Resolution No. 93-214; and
WHEREAS, the City and MGEA have prepared and MGEA has executed the successor MGEA MOU for the period July 1, 2024, through June 30, 2027, subject to City Council approval, adoption, and implementation.
Resolution No. 25-4867
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. The successor MGEA MOU for the period July 1, 2024, through June 30, 2027, a fully executed copy of which is attached hereto as Exhibit A, is approved, adopted, and implemented effective July 15, 2025.
Section 3. The City Manager is hereby authorized and directed to implement the provisions of the MGEA MOU for the period July 1, 202 4, through June 30, 202 7, including the resulting changes to employee compensation and benefits not previously implemented by the Tentative Agreement.
Section 4. The City Clerk shall certify the adoption of this resolution effective July 15, 2025.
PASSED, APPROVED, AND ADOPTED this 15th day of July 2025 by the City Council of the City of Murrieta, State of California.
Cindy Warren, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
Resolution No. 25-4867
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 25-4867 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 15th day of July 2025, and was signed by the Mayor of said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MURRIETA AND
THE MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
JULY 1, 2024, TO JUNE 30, 2027
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
2 SECTION I – ADMINISTRATION ............................................................................................................5 ARTICLE 1.01 INTENT AND PURPOSE .................................................................................................. 5 ARTICLE 1.02 RECOGNITION ................................................................................................................ 5 ARTICLE 1.03 IMPLEMENTATION ........................................................................................................ 5 ARTICLE 1.04 TERM OF MOU .............................................................................................................. 5 ARTICLE 1.05 UNFAIR EMPLOYEE RELATIONS PRACTICE .................................................................... 6 ARTICLE 1.06 MANAGEMENT RIGHTS ................................................................................................. 6 ARTICLE 1.07 EMPLOYEE RIGHTS ......................................................................................................... 7 ARTICLE 1.08 ASSOCIATION ACTIVITY .................................................................................................. 8 ARTICLE 1.09 SEVERABILITY CLAUSE .................................................................................................. 11 ARTICLE 1.10 LABOR MANAGEMENT COMMITTEE............................................................................ 11 SECTION II – COMPENSATION ............................................................................................................ 12 ARTICLE 2.01 COMPENSATION ........................................................................................................... 12 ARTICLE 2.02 HOLIDAY PAY ................................................................................................................ 12 ARTICLE 2.03 TEMPORARY ASSIGNMENT PAY ................................................................................... 13 ARTICLE 2.04 ASSIGNMENT PAY – TRAINING ..................................................................................... 13 ARTICLE 2.05 SPANISH LANGUAGE PAY ............................................................................................. 13 ARTICLE 2.06 COURT ASSIGNMENT PAY ............................................................................................ 14 ARTICLE 2.07 COMPENSATORY TIME ................................................................................................. 14 ARTICLE 2.08 WORKING OUT OF CLASS ............................................................................................. 14 ARTICLE 2.09 ON-CALL/CALL OUT PAY ............................................................................................... 15 ARTICLE 2.10 SHIFT DIFFERENTIAL – POLICE DISPATCHER I, II .......................................................... 16 ARTICLE 2.11 CELL PHONE ALLOWANCE AND REIMBURSEMENT ...................................................... 16 ARTICLE 2.12 UNIFORM ALLOWANCE ................................................................................................ 16 ARTICLE 2.13 BOOT ALLOWANCE ...................................................................................................... 17 ARTICLE 2.14 LONGEVITY PAY ............................................................................................................ 19 ARTICLE 2.15 CERTIFICATION PAY ...................................................................................................... 19 ARTICLE 2.16 HOLIDAYS ..................................................................................................................... 19 ARTICLE 2.17 INSURANCE & RETIREMENT BENEFITS ......................................................................... 22 A. Medical Insurance .................................................................................................................... 22
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
3 B. Retiree Medical: ....................................................................................................................... 24 C. Dental and Orthodontic: .......................................................................................................... 24 D. Vision Plan: .............................................................................................................................. 24 E. Life Insurance: .......................................................................................................................... 24 F. Long-Term Disability: ................................................................................................................ 25 G. Short-Term Disability: .............................................................................................................. 25 H. Cafeteria Plan: .......................................................................................................................... 25 I. California Public Employees Retirement System: .................................................................... 25 ARTICLE 2.17 DEFERRED COMPENSATION ......................................................................................... 26 ARTICLE 2.18 TUITION REIMBURSEMENT PROGRAM ........................................................................ 26 SECTION III – HOURS ......................................................................................................................... 27 ARTICLE 3.01 LEAVES .......................................................................................................................... 27 A. Jury Leave ................................................................................................................................. 27 B. Military Leave ........................................................................................................................... 27 C. Family Illness Leave .................................................................................................................. 27 D. Bereavement Leave .................................................................................................................. 27 E. Reproductive Loss Leave .......................................................................................................... 28 F. Leave for Crime Victims ........................................................................................................... 29 G. Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Certain Crimes .............. 31 H. Time Off/Leave for School Activities ........................................................................................ 32 I. Annual Leave ............................................................................................................................ 34 J. Sick Leave ................................................................................................................................. 35 K. Leave Of Absence ..................................................................................................................... 36 L. Workers’ Compensation Leave ................................................................................................ 36 ARTICLE 3.02 WORK SCHEDULES ....................................................................................................... 37 SECTION IV – WORKING CONDITIONS ................................................................................................ 39 ARTICLE 4.01 PROBATION PERIOD .................................................................................................... 39 ARTICLE 4.02 GRIEVANCE PROCEDURES ........................................................................................... 39 ARTICLE 4.03 DISCIPLINARY AND APPEALS PROCEDURE ................................................................... 40 ARTICLE 4.04 PROHIBITION OF STRIKES ............................................................................................. 44 ARTICLE 4.05 POLITICAL ACTIVITIES .................................................................................................. 45
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
4 ARTICLE 4.06 SUBSTANCE ABUSE POLICY .......................................................................................... 45 ARTICLE 4.07 LAYOFF AND RETURN POLICY ....................................................................................... 45 ARTICLE 4.08 OTHER ITEMS .............................................................................................................. 47 ARTICLE 4.09 JOINT DRAFTING .......................................................................................................... 48 APPROVALS ...................................................................................................................................... 49 EXHIBIT A.......................................................................................................................................... 50 REPRESENTED CLASSIFICATIONS.............................................................................................................. 50
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
5 MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MURRIETA AND
THE MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
PERIOD JULY 1, 2024, TO JUNE 30, 2027
SECTION I – ADMINISTRATION
ARTICLE 1.01 INTENT AND PURPOSE
It is the intent and purpose of this Memorandum of Understanding (hereinafter referred to as 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 benefits, wages, hours and terms and conditions of employment between employees represented by the MURRIETA GENERAL EMPLOYEES ASSOCIATION (hereinafter referred to as “ASSOCIATION”) represented by the negotiations team and the CITY OF MURRIETA (hereinafter referred to as "CITY") represented by management and the Murrieta City Council members.
ARTICLE 1.02 RECOGNITION
Pursuant to the provisions of Resolution 95-360 of the City of Murrieta, the CITY has recognized the ASSOCIATION as the exclusive representative of the employee classifications of the CITY, as adopted by the City Council in Resolution 95-360. The CITY shall recognize the ASSOCIATION as the exclusive representative of all employees in these classifications for the purpose of meeting its obligation under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., and the Employer-Employee Relations Resolution No. 95-360 when the CITY rules, regulations, or laws affecting wages, hours, and other terms and conditions of employment are appropriately amended or changed.
ARTICLE 1.03 IMPLEMENTATION
The CITY and the ASSOCIATION acknowledge that this MOU shall not be in full force and effect until ratified by the ASSOCIATION membership and adopted by the Murrieta City Council.
ARTICLE 1.04 TERM OF MOU
The term of this MOU shall be July 1, 2024, through June 30, 2027. This MOU shall remain in full force and effect until a successor MOU has been ratified by the ASSOCIATION membership and adopted by the Murrieta City Council.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
6 ARTICLE 1.05 UNFAIR EMPLOYEE RELATIONS PRACTICE
It is agreed that it shall be an unfair employee relations practice for the CITY and/or the ASSOCIATION or its representatives:
A. To interfere with, restrain, discriminate, intimidate, or coerce employees in the exercise of the rights recognized or granted in this MOU.
B. To refuse to meet and confer in good faith with the ASSOCIATION, or its representatives. To refuse to meet and confer in good faith with the CITY on matters within the scope of representation or under Reopeners during the term of the MOU. However, with the exception of meetings regarding a successor MOU, during the term of this MOU, neither party shall be compelled to engage in the meet and confer process regarding provisions specifically provided for in this MOU.
ARTICLE 1.06 MANAGEMENT RIGHTS
The ASSOCIATION recognizes the prerogative of the CITY and the City Manager to operate and manage its affairs in all respects in accordance with its responsibilities and powers or authority, which the CITY has not officially abridged, delegated, or modified by this MOU, and such powers or authority are retained by the CITY. These management rights include, but are not limited to the following:
A. To utilize personnel, set hours of work, methods, procedures, and means in an appropriate and efficient manner. It is understood that changes to individual employees’ work hours are within the scope of management rights. This does not include changing work schedules and/or flex schedules such as the 9/80, 4/10, 3/12, etc., for an entire employee group, division, or department.
B. To manage and direct the employees of the CITY.
C. To maintain the efficiency of governmental operations.
D. To hire, schedule, promote, transfer, assign, train, or retrain employees in positions within the CITY, including determining the procedures and standards of selection for employment and promotions.
E. To suspend, demote, discharge, or take other appropriate disciplinary action against the employee for just cause.
F. To determine the size and composition of the workforce and to lay off employees. Lay-off actions shall be implemented based on the recognized lay-off procedure.
G. Determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the workforce, and allocate and assign work by which the CITY operations are to be conducted.
H. To establish and enforce dress and grooming standards.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
7 I. To determine the content of job classifications.
J. To establish and modify productivity and performance programs and standards, including, but not limited to, quality and quantity standards, and to require compliance therewith.
K. To determine methods of financing.
L. To exercise complete control and discretion over its organization and the technology of performing its work.
M. To determine the mission of the CITY and the methods and means necessary to efficiently fulfill the mission including: the transfer, alteration, curtailment, or discontinuance of any goods or services; the establishment of acceptable standards of job performance; the purchase and utilization of equipment for the production of goods or the performance of services; and the utilization of students, part-time, and/or contract employees.
N. It is understood by the parties that every incidental duty is not always specifically described.
Nevertheless, it is intended that all such duties shall be performed by the employee if they are a logical assignment to the job classification.
O. The ASSOCIATION recognizes that the CITY has statutory rights and obligations in contracting for matters relating to CITY operations. The right of contracting or subcontracting is vested in the CITY, including, but not limited to, the exercise of said contracting and subcontracting rights in the event of an emergency or essential public need or where it is not economical for CITY employees to perform said work.
P. The CITY retains the right to establish reasonable work rules of conduct. Any dispute with respect to these work rules shall not be subject to arbitration of any kind but any dispute with respect to the reasonableness of the application of said rules may be subject to the grievance and arbitration procedures as set forth in this MOU. Any change in personnel rules, policies, and/or procedures impacting terms and conditions of employment of classifications represented by the ASSOCIATION shall require prior meeting and conferring.
Q. Any dispute with respect to MANAGEMENT RIGHTS shall not in any way be subject to arbitration.
ARTICLE 1.07 EMPLOYEE RIGHTS
It is agreed that each individual employee shall have the following rights, which they may exercise in accordance with applicable laws, ordinances, rules, and regulations:
A. The right to form, join, and participate in activities of the ASSOCIATION for the purpose of representation on matters of their employee relations with the CITY, or not to join or participate in the activities of any organization or association.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
8 B. The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the management representatives, the supervisor, other employees, or employee organizations with respect to their membership or non-membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation.
C. It is the intent of the CITY to afford ASSOCIATION members all rights of employment granted under state workers’ compensation laws and state and federal anti-discrimination laws.
Furthermore, the CITY intends to comply fully with the Family Medical Leave Act of 1993 and the California Family Rights Act of 1995. Nothing in this MOU is intended to restrict employees’ rights under either Act.
ARTICLE 1.08 ASSOCIATION ACTIVITY
A. Release Time. The CITY shall allow paid release time to public agency employee representatives of the ASSOCIATION and its represented employees in the following instances:
1. Meeting and conferring with the CITY with respect to wages, hours, and terms and conditions of employment. The ASSOCIATION shall advise the CITY, in writing, of its negotiators and shall be limited to designating three (3) negotiators who are CITY employees each calendar year. (The ASSOCIATION can designate alternates; however, only three (3) employees shall be eligible for paid release time as provided for herein.) CITY employee representatives shall be paid regular salary for the time spent annually in negotiations during regular work hours, except no payment will be made for negotiating time outside the representative's normal workday. The names of the duly chosen employee representatives of the Bargaining Unit shall be submitted to Human Resources sufficiently in advance of the regularly scheduled meetings so as to permit the scheduling of operations within the CITY. The provisions of this MOU shall be limited to conferences or negotiations held with respect to wages, hours, and conditions of employment. In addition to the three (3) employee negotiators, ASSOCIATION may retain, at its sole expense, one or more non-employee consultants.
2. Testifying or appearing as the designated representative of the ASSOCIATION in conferences, hearings, or other proceedings before the California Public Employment Relations Board (“PERB”), or an agent of PERB, in matters relating to a charge filed by the ASSOCIATION against the CITY or by the CITY against the ASSOCIATION. Only one (1) CITY employee may be a designated representative of the ASSOCIATION for purposes of paid release time under this provision.
3. Testifying or appearing as the designated representative of the employee organization in matters before a personnel or merit commission or in grievance and/or disciplinary matters.
Only one (1) CITY employee may be a designated representative of the ASSOCIATION for purposes of paid release time under this provision.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
9 4. Association meetings. ASSOCIATION members shall be granted one (1) hour of paid release time per year to attend an annual membership meeting. In addition, all ASSOCIATION members shall be provided paid release time to attend MOU ratification meetings not to exceed three (3) per year if such meetings are scheduled during their normal work shift.
ASSOCIATION Board, ratification, and membership meetings may be held on CITY property using CITY meeting facilities, subject to availability. Five (5) calendar days advance notice shall be given to Human Resources for membership, ratification, and ASSOCIATION Board meetings when release time is involved. ASSOCIATION Board members shall be granted paid release time for up to six (6) ASSOCIATION Board meetings per calendar year. ASSOCIATION negotiating members shall each be entitled to up to one (1) hour of paid release time before each meet-and-confer session and one-half (½) hour of paid release time after each meet- and-confer session for preparation and discussions.
5. Association activities. Representatives and officers of the ASSOCIATION having business with the representatives, officers, or individual members of the ASSOCIATION may confer with such representatives, officers, or individual members of the ASSOCIATION during the course of the workday for a reasonable length of time, provided that such activities do not impede the operation of the CITY. No more than two (2) representatives and officers shall engage in such meetings with individual members at any one time for purposes of paid release time under this provision.
6. Supervisors shall not unreasonably deny release time. However, release time shall be denied at the sole discretion of a supervisor if the efficient operation of the CITY so requires.
7. In all instances described above where paid release time is to be used, the employee must request paid release time in writing (such as an email or calendar notice) and be approved in writing (such as an email or calendar notice) by their supervisor/Department Director. If circumstances permit, such a request shall be made and approved in advance, otherwise as soon as practicable afterwards.
B. Bulletin Boards. The CITY shall provide a bulletin board at City Hall, the Maintenance Yard, the Library, the old City Hall, and the Police Department and permit the use of the same for ASSOCIATION announcements. A reasonable amount of time will be allowed for members of the ASSOCIATION to post announcements. The bulletin board will be subject to the following provisions. All notices shall be posted by an officer of the ASSOCIATION and shall relate to the following matters:
1. ASSOCIATION recreational and social affairs.
2. ASSOCIATION meetings.
3. ASSOCIATION appointments.
4. ASSOCIATION elections.
5. Results of ASSOCIATION elections.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
10 6. Reports of committees of the ASSOCIATION.
7. Rulings or policies of the ASSOCIATION.
8. Judicial and quasi-judicial decisions affecting any members of the bargaining unit, such as the results of fact finding, grievances, etc. Any other material authorized by the City Manager or his designated representative.
Notices and announcements shall not contain anything political or controversial or anything negatively reflecting upon the CITY, any of its employees or officers, or any labor organization among its employees, and no material, notices, or announcements which violate the provisions of this section shall be posted. Notices and announcements shall be approved by the City Manager or designee prior to posting.
C. ASSOCIATION notices, logos, and decals shall not be permitted on any CITY property or equipment except as provided for in this Article, paragraph B.
D. ASSOCIATION officers and board members shall be allowed reasonable access to CITY telephones, email, and other communications technology to conduct normal ASSOCIATION business. The CITY agrees to provide the ASSOCIATION with an account number to access CITY copy machines. The ASSOCIATION, in turn, agrees to reimburse the CITY for the cost of copies produced on CITY copiers.
E. New Employee Orientation. The CITY shall notify the ASSOCIATION Board when a new employee is hired into the bargaining unit. The Board will notify the CITY when a new employee has signed a membership card authorizing membership dues deduction and when such deductions shall begin. The CITY shall also, upon request, provide the ASSOCIATION Board lists of employees in the bargaining unit. The CITY shall also provide reasonable paid release time for one ASSOCIATION Board member to meet with a new employee for the purpose of discussing membership in the ASSOCIATION.
F. Dues Deductions. The CITY shall deduct dues on a regular payroll basis from the pay of all ASSOCIATION members. Such deductions shall be authorized in writing on a form approved and provided by the ASSOCIATION for this purpose. The membership cards shall be retained by the ASSOCIATION. The CITY shall rely on a certification from the ASSOCIATION for the authorization, modification, or cancellation of any/all dues deductions. The CITY shall remit such funds to the ASSOCIATION within thirty (30) days following their deduction.
G. Maintenance of Membership. Unless prohibited by law, any employee in the ASSOCIATION who has authorized ASSOCIATION dues deductions on July 1, 2019, or at any time subsequent to that date, shall continue to have such dues deductions made by the CITY during the term of this MOU, provided however, that any employee in the ASSOCIATION may terminate such dues during the month of June of each year of the MOU by notifying the ASSOCIATION in writing of their election to terminate dues deduction. Such notification shall be delivered in person or by U.S. Mail to an ASSOCIATION Board member and contain the employee’s name, job classification, department, and signature indicating the employee no longer wishes to be a member of the ASSOCIATION. The
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
11 ASSOCIATION will notify the CITY’s Human Resources Office within a reasonable time thereafter and request the CITY to process dues cancellations within the next available pay period.
H. Indemnification. The ASSOCIATION shall indemnify, defend, and hold the CITY harmless against any liability arising from any claims, demands, or other actions relating to the CITY’s compliance with the terms of this Article.
ARTICLE 1.09 SEVERABILITY CLAUSE
Should any provision of this MOU or any application thereof be unlawful by virtue of any federal, state, or locallaw or regulation, such provision shall be effective and implemented only to the extent permitted by said law, regulation, or resolution. In all other respects, the provisions of this MOU shall continue in full force and effect for the life thereof.
If any provision of this MOU is held by a final decision of a court of competent jurisdiction to be unlawful or invalid, such provision shall be immediately subject to renegotiation between the parties. The parties shall comply with the final court decision until the negotiation process is completed, either by means of agreement and City Council adoption of the MOU, or in the alternative, by means of the impasse resolution procedures set forth in Resolution No. 93-214.
ARTICLE 1.10 LABOR MANAGEMENT COMMITTEE
The CITY and ASSOCIATION agree to establish a Labor-Management Committee ("LMC"). Each party shall appoint no more than three (3) members to the LMC. The LMC shall meet on an ad hoc basis, but no more than once every three (3) months unless mutually agreed to otherwise, at a mutually convenient time and place to informally discuss any matters pertinent to maintaining good employer-employee relations. Both parties agree and understand that the LMC is only advisory in nature. Each party shall advise the other at least two (2) working days prior to such meeting of the subject matters they wish to discuss. Employees shall not lose any compensation or benefits for attendance at LMC meetings conducted during regular work hours.
During the term of this agreement, the subjects to be discussed during the Labor Management Committee shall include, but are not limited to, the following issues:
Flexible Staffing
Adding Lead Classifications
Adding language on filling vacancies and handling recruitments, promotions, and transfers.
Adding language that discipline is progressive and establish the order of discipline.
Establishing a written Police Department policy for reinstating status on force list (overtime order list) for Dispatch employees on protected leave.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
12 SECTION II – COMPENSATION
ARTICLE 2.01 COMPENSATION
A. Year 1
Effective the pay period starting September 8, 2024, the following shall occur:
1. The base pay of all represented employees is increased by a four percent (4%) cost-of- living adjustment (“COLA”).
2. The base pay of Public Safety Dispatchers I and II is increased by an additional equity adjustment of one percent (1%), not to be compounded with the 4% COLA.”
3. The base pay of the Building Inspector I position is increased by an additional equity adjustment of five percent (5%), not to be compounded with the 4% COLA.”
4. The base pay schedule for represented employees reflecting the above changes is attached hereto as Exhibit A.
B. Year 2 (FY 2025/26)
Effective with the pay period starting June 29, 2025, employees shall be granted a COLA in base pay equivalent to the lesser of either four percent (4%) or the percentage change of the 2024 Annual Consumer Price Index for all Urban Consumers (CPI-U) not seasonally adjusted for the Riverside-San Bernardino-Ontario area. If the CPI-U percentage change is negative, then the COLA shall be zero percent (0%).
C. Year 3 (FY 2026/27)
Effective with the pay period starting June 28, 2026, employees shall be granted a COLA in base pay equivalent to the lesser of either the percentage change of the 2025 Annual Consumer Price Index for all Urban Consumers (CPI-U) not seasonally adjusted for the Riverside-San Bernardino- Ontario area, or the percentage change, year-over-year between audited fiscal years 2023/24 and 2024/25, in Recurring Revenue of the CITY’s primary Operating Funds (as previously defined by the CITY in negotiations), but not to exceed four percent (4%) or be less than two percent (2%). If the CPI-U percentage change is negative or the change in Recurring Revenue is below zero percent (0%), then the COLA shall still be no lower than two percent (2%).
ARTICLE 2.02 HOLIDAY PAY
Represented employees who work the holidays listed in Article 2.15(B) shall be paid at the rate of time and one-half for those holidays actually worked. The time and one-half pay shall not apply to the hours worked on the holiday time designated as the Floating Holiday.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
13 ARTICLE 2.03 TEMPORARY ASSIGNMENT PAY
As a result of vacancies, leaves of absence, or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume substantial additional duties that are outside the scope of the employee's regular assignment for a period in excess of fourteen (14) consecutive calendar days, the employee shall be entitled to a salary adjustment to reflect the new duties. The following shall apply in these instances:
A. Approval required. Upon the recommendation of the Department Head and with the approval of the City Manager, an employee may temporarily be assigned to a higher-level classification to perform duties, provided that:
1. The higher-level position is vacant and is approved by the City Manager for new or continued staffing.
2. An employee is called upon to perform substantially the duties of the higher-level position, and the duties for the higher-level position are outside the scope of the employee's current classification as determined by the City Manager and the Department Head.
3. The vacancy is expected to continue for at least fourteen (14) consecutive calendar days but not longer than one (1) calendar year, and
4. The employee possesses the minimum qualifications to perform the work of the higher- level position.
B. Salary. The employee in such a temporary assignment shall be entitled to a salary adjustment of approximately five (5) percent or the "A" step of the salary range of the higher-level position, whichever is greater, for the duration of the temporary assignment beyond the first fourteen (14) days. Such an assignment shall not extend beyond 180 calendar days without the approval of the City Manager.
ARTICLE 2.04 ASSIGNMENT PAY – TRAINING
Employees holding the position of Public Safety Communications Dispatcher will be compensated an additional five (5) percent over the employee's base rate of pay for each day or portion thereof, during which they are assigned a trainee employee by the Police Chief or the Police Chief's designee.
ARTICLE 2.05 SPANISH LANGUAGE PAY
The CITY shall establish a Spanish Language Pay program that will provide an additional two and one-half percent (2.5%) of base pay for employees called upon to speak Spanish in assisting the public during the course and scope of performing assigned duties based on business necessity. The number of members to be eligible shall be determined by the CITY. To receive the Spanish Language Pay benefit, an employee must be certified as bilingual on a conversational level by passing an examination established by the CITY. Any
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
14 employee expected to employ the bilingual skill shall be given the opportunity to test for certification within thirty (30) calendar days of designation by the Department Director to employ such skill when called upon.
It is understood that those receiving Spanish language compensation may, on occasion, be required to leave their specific work location to assist other non-bilingual employees in serving the public. It is also understood that employees not receiving Spanish Language Pay shall not be required to or expected to speak Spanish to assist the public on anything other than an incidental basis.
ARTICLE 2.06 COURT ASSIGNMENT PAY
The CITY shall pay a minimum of two hours at the rate of time and one-half for authorized court assignments, including court appearances as well as being placed “on call” for such appearances when such appearances occur outside the regular work shift.
ARTICLE 2.07 COMPENSATORY TIME
Employees who earn Compensatory Time Off (“CTO”) in lieu of overtime may accrue such leave time up to a maximum of eighty (80) hours at any given time.
Twice each year (in June and December), employees who have accrued CTO hours may request to cash out all or a portion of these accrued hours. Requests must be made in writing to the Finance Department through the chain of command. The maximum cash out in any year shall be eighty (80) hours.
Starting in calendar year 2025, employees shall be entitled to cash out accrued CTO twice yearly as stated above, but they must first irrevocably designate in writing the amount of leave to be cashed out in the calendar year preceding the cash-out, and the cash out must be from time accrued after such designation.
Cash-out is at the employee’s rate of pay at the time paid. Finance will supply the irrevocable designation form upon request.
ARTICLE 2.08 WORKING OUT OF CLASS
Should a situation arise wherein an employee is being called upon to substantially perform the preponderant duties of a higher job classification, said employee may submit a written request to the CITY for a classification review. Said request shall be submitted to the employee’s Department Head, who will consult with Human Resources.
The CITY shall respond in writing to the employee within twenty (20) days of receiving the request for a classification review.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
15 ARTICLE 2.09 ON-CALL/CALL OUT PAY
A. On-Call. Unit employees required to perform on-call duties as described below shall receive on-call benefits when returning to work after their normal shift and $50 per day for each day assigned to on-call duty. For each holiday included in an on-call period, the affected employee shall receive an additional $35.
Each Department Director who determines that on-call duty is necessary shall designate the minimum standards qualifying an individual to perform an on-call function and shall first seek on-call individuals by means of a voluntary sign-up list. If an insufficient number of employees volunteer for on-call duty, then the Department Director or their designee shall assign the appropriate number of employees to such status. Such assignments shall be on an equitable rotation basis.
Any employee designated to serve in an on-call capacity may seek a substitution by another employee, subject to submitting such a proposal to their supervisor and subject to the Department Director’s approval of the substitution. Whenever an on-call substitution is made, only the person actually serving in the on-call capacity shall be compensated. The substituting employee shall receive $50 for each day assigned to on-call. Substitutions shall be allowed for full days only.
Employees on an on-call status shall be required, at all times, to carry a functioning phone and be able to respond to calls within thirty (30) minutes of being called. In addition, employees are expected to maintain a state of mental alertness and physical dexterity similar to that which is required for the performance of their regular duties.
Employees assigned on-call, who are not in a condition to respond to calls for service, shall be subject to discipline and the loss of on-call pay.
B. Development Services Staff:
Call-out duty occurs when an employee is required to perform services outside of a regularly scheduled work shift. For the purpose of this Article, there are two types of call-out scenarios.
1. The first is when an employee is required to physically leave their residence and report for duty. This is a response call-out.
2. The second type of call-out is a non-response call-out, which occurs when an employee is telephoned and can resolve the problem without having to physically leave their residence and report to work.
Employees who have a response call-out will be paid for all hours worked with a minimum of two (2) hours, including all travel time for each call-out. Response call-out ends when an employee leaves their duty station. Any hours worked in excess of the two (2) hours, which includes travel time, will be paid at one and one-half (1.5) times their regular (non-overtime) rate of pay.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
16 Employees who have a non-response call-out shall be compensated at one (1) hour of time and one-half. Non-response call time is cumulative; therefore, in the event that one or more phone calls are made to the employee, the employee shall be entitled to the actual amount of cumulative time spent, only if that cumulative time exceeds one hour in a 24-hour period. In summary, each call does not necessarily provide an hour of compensation.
C. Traffic Signal Technician:
When the Traffic Signal Technician is requested to respond from home after hours pursuant to Policy SOP # 22 to perform call-out duties, the CITY shall, in lieu of On-Call Pay, compensate said ASSOCIATION member with a minimum of three (3) hours pay at time and one-half for each response.
It is further acknowledged by both the CITY and the ASSOCIATION that the Traffic Signal Technician is a single-incumbent classification. As such, the CITY understands that the ASSOCIATION member reserves the right to decline the call-out request if they feel that they are either unable to respond in a timely manner or are otherwise unfit for duty at the time the request is made. In such cases, the CITY shall call upon other resources to respond.
D. Public Safety Dispatchers:
Public Safety Dispatchers required to return to duty during off-duty time for training and meetings shall receive a minimum of two (2) hours pay at time and one-half based on their hourly rate.
ARTICLE 2.10 SHIFT DIFFERENTIAL – POLICE DISPATCHER I, II
Shift Differential shall apply only to unit members classified as Police Department Dispatcher I or II. An amount equal to five percent (5%) of the Police Dispatcher’s unadjusted base salary shall be paid for each full work week served as a dispatcher during the 1800-0600 hours shift.
ARTICLE 2.11 CELL PHONE ALLOWANCE AND REIMBURSEMENT
All unit employees authorized/required to use a personal cell phone in the course and scope of performing their duties shall receive a $40.00 per month cell phone allowance. Employees incurring cell phone expense/cost in excess of the $40.00 per month allowance may submit receipts for reimbursement for amounts above the $40.00 per month cell phone allowance.
ARTICLE 2.12 UNIFORM ALLOWANCE
A. All unit employees in the positions listed below shall be provided with an annual uniform allowance in the amount of $600. Payment shall take place on the first payday in January each year. The CITY will not provide extra payment for clothes or uniform items damaged, regardless of fault. Classifications covered by this provision include:
Code Enforcement Officer
Community Services Officer I
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
17 Community Services Officer II
EMS Coordinator
Police Services Technician I
Police Services Technician II
Property Evidence Technician
Public Safety Dispatcher I
Public Safety Dispatcher II
B. All unit employees in positions listed below shall be provided with an annual uniform allowance in the amount of $1,850. Payment shall take place on the first payday in January each year, beginning January 2023. The CITY will not provide extra payment for clothes or uniform items damaged, regardless of fault. Classifications covered by this provision include:
Fire Inspector
C. Commencing January 1, 2025, three tiers of uniform allowance benefit are created to replace the above A and B language in their entirety and to provide as follows, with the amounts to be paid equally across all pay periods in each calendar year:
1. $600 for EMS Coordinator, Police Services Technician I & II, Property Evidence Technician, and Public Safety Dispatchers.
2. $1,000 for Code Enforcement Officers and Police Community Services Officers.
3. $1,850 for Fire Inspector.
ARTICLE 2.13 BOOT ALLOWANCE
A. All unit employees in the positions listed below shall wear boots that meet Occupational Safety and Health Administration (OSHA) guidelines for foot protection and safety. Boots will be purchased by the CITY in an amount not to exceed $300 per fiscal year per eligible employee.
Classifications covered by this provision include:
Building Inspector
EMS Coordinator
Fire Equipment Mechanic
Fire Inspector
Maintenance Worker I
Maintenance Worker II
Park Ranger
Police Community Services Officer
Public Works Equipment Operator
Public Works Inspector
Senior Maintenance Worker
Senior Public Works Inspector
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
18 B. Boots must comply with the American Society for Testing and Materials (“ASTM”) or the American National Standards Institute (“ANSI”) standards required for the work to be performed by the employee. Eligible employees may purchase ASTM/ANSI compliant work boots using their personal funds at a store or vendor of their choosing. Employees are not required to have the CITY or its representatives purchase the work boots directly for the CITY employee.
C. Upon the Department Head or designee’s verification of the purchase of ASTM/ANSI compliant work boots, the CITY shall reimburse eligible employees for the purchase, repair, and maintenance of the work boots, not to exceed $300 per fiscal year.
D. The purchase of shoelaces, inserts, and liners for work boots is considered repair and/or maintenance of the eligible employee’s work boots and may be purchased and reimbursed pursuant to this policy. The purchase of such shoelaces, inserts, and liners will be counted towards the $300 maximum reimbursement per fiscal year. Socks are expressly excluded from this reimbursement policy.
E. Eligible employees may be reimbursed for more than one pair of ASTM/ANSI compliant approved work boots per fiscal year, provided the amount does not exceed the maximum reimbursement of $300 during the same fiscal year.
F. Eligible employees may submit multiple requests for work boot reimbursement during the same fiscal year as long as they have not reached the maximum reimbursement of $300 per fiscal year.
G. Eligible employees are responsible for any amount of purchase of work boots and/or shoelaces, inserts, and liners in excess of $300 per fiscal year and shall not be reimbursed above the agreed- upon $300 per fiscal year limitation.
I. Boot purchase, repair, and/or maintenance expenses will be reimbursed to eligible employees by submitting a completed request for reimbursement with receipt(s) to their department. The department is then tasked with reporting/inputting the request to Finance, who will review the record and supporting documents for completeness and accuracy before processing a check to the employee.
I. Eligible employees who fail to purchase their work boots and/or shoelaces, inserts, and liners within the fiscal year will not be eligible to roll any of the $300 amount forward to the following fiscal year.
J. Employees are prohibited from returning the work boots and/or shoelaces, inserts, and liners for reimbursement from the vendor after they have received reimbursement from the CITY. Any employee found to be abusing the above reimbursement process may be subject to disciplinary action, up to and including termination of employment.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
19 ARTICLE 2.14 LONGEVITY PAY
At 15 years of continuous service, an employee will receive 2% of their base pay as longevity pay. At 20 years of continuous service, an employee will receive an additional 3% of their base pay.
ARTICLE 2.15 CERTIFICATION PAY
CITY will pay $75 per month for those dispatchers possessing an intermediate P.O.S.T. certification or $150 per month for those dispatchers possessing an advanced POST certification, effective the pay period starting September 8, 2024. This is an either/or non-stackable benefit. This certificate pay shall be provided to the employee starting the first full pay period following the employee’s submittal of proof of valid and current certification. In addition, to remain eligible for this pay, the employee must maintain their certification. In the event an employee does not recertify, the certification pay shall cease effective the first day of the pay period following the expiration of the certification.
ARTICLE 2.16 HOLIDAYS
A. CITY employees shall be eligible for holidays as prescribed in this section of this MOU.
B. The approved CITY holidays shall be as follows:
1. New Year’s Day
2. Martin Luther King Jr. Day
3. Presidents' Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans Day
8. Thanksgiving Day
9. The day after Thanksgiving
10. Christmas Eve Day
11. Christmas Day
12. New Year’s Eve Day
13. One (1) Floating Holiday
C. Holiday Value: The hour value for each holiday shall be equivalent to the employee’s authorized work schedule (e.g., If the holiday falls on a regularly scheduled eight (8) hour workday, the value of the holiday leave is eight (8) hours. If the holiday falls on a regularly scheduled nine (9) hour workday, the value of the holiday leave is nine (9) hours. If the holiday falls on a regularly scheduled ten (10) hour workday, the value of the holiday leave is ten (10) hours. If the holiday falls on a regularly scheduled twelve (12) hour workday, the value of the holiday leave is twelve (12) hours).
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
20 D. Procedure if Holiday Falls on Saturday or Sunday: For Saturday holidays, facilities that are normally closed on Saturday will be closed to the public on the preceding Friday, with applicable CITY employees observing the holiday on Friday. Facilities normally open on Saturday will observe the holiday on the actual date (Saturday).
For Sunday holidays, facilities that are normally closed on Sunday will be closed to the public on the following Monday, with applicable CITY employees observing the holiday on Monday. Facilities normally open on Sunday will observe the holiday on the actual date (Sunday).
E. Procedure for Work Schedule Changes: Should an employee’s authorized work schedule (e.g., 5/8, 9/80, 4/10, or 3/12) be changed, resulting in a change in regular hours worked (e.g., 8, 9, 10, or 12), the hour value of holidays will be adjusted for any holidays remaining after the schedule change.
F. Holiday Leave Bank
1. Employees will be provided holiday leave hours on the first payday in July. . Employees on a 5/8 work schedule will receive ninety-six (96) hours of holiday leave. Employees on a 9/80 work schedule will receive one hundred eight (108) hours of holiday leave. Employees on a 4/10 work schedule will receive one hundred twenty (120) hours of holiday leave. Employees on a 3/12 work schedule will receive one hundred fifty (150) hours of holiday leave. An employee’s holiday leave bank shall be reduced by the number of hours taken for each holiday or observed holiday.
Employees will be provided floating holiday leave hours on the first payday in July. Employees on a 5/8 work schedule will receive eight (8) hours of floating holiday leave. Employees on a 9/80 work schedule will receive nine (9) hours of floating holiday leave. Employees on a 4/10 work schedule will receive ten (10) hours of floating holiday leave. Employees on a 3/12 work schedule will receive twelve (12) hours of floating holiday leave. An employee’s floating holiday leave bank shall be reduced by the number of hours taken for each holiday or observed holiday.
2. Employees are required to use holiday leave each time a CITY-authorized holiday or observed holiday falls on a day when the employee would normally be scheduled to work.
3. Holiday leave bank hours may be used only after the holiday or observed holiday has occurred unless the City Manager has granted an exception. The Floating Holiday may be used as paid leave at any time during the same fiscal year in which it was credited to the employee’s Floating Holiday leave bank. Such time must be scheduled in advance and approved by the Department Head, with consideration given to sufficient staff being available to continue the efficient operation of the department.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
21 4. Holidays, excluding the Floating Holiday, occurring during a Leave without Pay are not earned or vested. An employee on leave without pay for the entire fiscal year will not earn the Floating Holiday for that same year. Unearned holiday hours will be deducted from the employee’s Holiday leave Bank.
5. Any Holiday leave Bank hours that are not used by the last day of the last full pay period in June shall be cashed out on the final payday in June.
G. Employees Required to Work on Holiday: Employees who work on the actual or observed holidays listed in Article 2.15(B) shall not have their holiday bank hours reduced and shall be paid at the rate of time and one-half for all hours actually worked on those holidays. Employees who work a partial day, defined as fewer hours than the employee’s normal workday, shall be paid at the rate of time and one-half for all hours actually worked on those holidays and shall have their holiday bank reduced by the number of hours necessary to cover the difference in the number of hours of their regular shift if any. An employee who works both an observed and actual holiday shall only be eligible for holiday pay on one (1) such date and shall only receive the holiday leave value for one holiday.
H. Procedure if Holiday Falls on Regular Day Off: If an actual or observed holiday occurs on a day that is the employee's regular day off and the employee is not required to work (on either the actual or observed date), their holiday bank hours shall not be reduced. The employee will be able to use the full holiday or half-day holiday leave hours at another time.
I. Employees beginning employment during the fiscal year will start with a prorated Holiday Leave Bank. Hours will be credited in accordance with the employee’s authorized work schedule for each CITY authorized holiday that has not yet occurred.
J. Employees separating employment with the CITY during the fiscal year will receive payment for unused holiday leave only for holidays that have already occurred and been earned, including the Floating Holiday, if the employee has not yet used them. Payroll will audit the holiday leave bank and make adjustments on the final paycheck if necessary.
K. “Bank Hours” or “Credits” for Public Safety Dispatcher I/II: The Public Safety Dispatcher I/II are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays. The Public Safety Dispatcher I/II accrue holiday “bank hours” or “credits” to be used at a later date. The Public Safety Dispatcher I/II shall have the right under the MOU to cash out any accrued and unused holiday “bank hours” or “credits” of up to eighty (80) hours each on the first payday in June and December upon written request with thirty (30) days’ notice to the CITY. If a Public Safety Dispatcher I/II does not elect to cash out their “bank hours” or “credits” in December or on the first payday in June, all unused “bank hours” or “credits” shall be cashed out on the final payday in June of the same fiscal year in which they
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
22 were accrued. The CITY shall report such Dispatcher cash-outs under these circumstances and meeting these criteria as reportable compensation to CalPERS to the extent CalPERS permits it.
The Public Safety Dispatcher I/II are the only represented employees who cash-out holiday hours per CalPERS rules and regulations. (See CalPERS Circular Letter 200-064-14 and CalPERS Circular Letter 200-019-20, interpreting Rule 571 and the Government Code).
ARTICLE 2.17 INSURANCE & RETIREMENT BENEFITS
A. Medical Insurance
The CITY shall provide funding for medical and related expenditures as follows: The CITY is a contracting agency for participation in the Public Employees Medical and Hospital Care Act (“PEMHCA”). Government Code § 22892 provides for the minimum employer contributions to allow enrollment in PEMHCA. Effective January 1, 2017, the CITY contribution to PEMHCA was set at $128.00 monthly and shall, from calendar year to calendar year, be adjusted to correspond with statutory amended minimum employer contribution rates. (The CITY has been advised that, effective January 1, 2025, the minimum mandated employer contribution (“MEC”) under PEMHCA shall be $158.00 monthly per employee). The monthly MEC per employee is $157 for 2024.
The CITY shall fund a Section 125 Cafeteria Plan on behalf of each employee in the following amounts, which includes the MEC:
Effective January 1, 2024, the total monthly contribution shall be $1,647.83 per month.
Effective the pay period starting September 8, 2024, the total monthly contribution shall be $1,747.83 per month.
Effective January 1, 2025, the total monthly contribution shall be $1,891.28 per month.
This includes an additional one-time contribution of $100.
The CITY’s Section 125 Cafeteria Plan contribution will be adjusted each January thereafter (starting 2026) by fifty percent (50%) of the increase in premium cost (defined as the difference in the premium rate from the current year to the next, e.g., January 2025 to January 2026, etc.) for the lowest cost monthly family premium for a CalPERS sponsored HMO health insurance plan in Region 3 (excluding HealthNet Salud Y Más). In the event that premiums decrease from one January to the next, the CITY shall continue to pay the higher contribution amount based on the prior January’s premium. No increases in the CITY’s contribution will be required again until the relevant plan premium cost increases above the total amount then paid by the CITY toward the cafeteria plan.
The 50% split will then be calculated only on the amount that the new relevant plan premium cost exceeds the premium cost that the CITY’s cafeteria plan contribution is based on.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
23 The following example reflects the parties’ understanding of how the CITY’s contributions will be calculated based on the above formula:
Example:
Plan Year 2025: Lowest Cost Family Plan - $1,919.09 (Blue Shield Trio HMO) Plan Year 2024: Lowest Cost Family Plan - $1,832.19 (Blue Shield Trio HMO) 2024 Total CITY Contribution - $1,747.83
2025 CITY Contribution Calculation:
2025 Premium ($1,919.09) – 2024 Premium ($1,832.19) = $86.90 / 2 = $43.45 + $1,747.83 + $100 (one-time additional contribution) = $1,891.28
Up to $833.43 of the monthly Cafeteria Plan health contribution may be utilized only for medical insurance premiums. The remaining amount may be used for other allowable Cafeteria Plan expenditures, such as medical premiums, Flexible Spending Account contributions, Dependent Care FSA, or taken as a taxable cash payment (limited to the following provisions).
Taxable Cash Payment (cash-in-lieu of health care):
1. Employees hired on or before September 30, 2019, who elected and received cash-in-lieu for Plan Year 2019 (Tier 1) shall be allowed to maintain the benefit in effect at the time (up to $688.28). Should such an employee reduce or eliminate the cash-in-lieu benefit amount in future years, such election will be final (i.e., it cannot be increased or reinstated in the future, though the employee can elect to reduce the benefit further until it is eliminated).
2. Any employee hired on or before September 30, 2019, who did not elect cash-in-lieu for Plan Year 2019 shall not be eligible for the cash-in-lieu benefit.
3. New employees hired on or after October 1, 2019, shall not be eligible to receive the cash-in- lieu benefit.
4. Employees who take the Taxable Cash Payment are required to review and execute the CITY’s Medical Insurance Opt-Out and Eligible Opt Out Arrangement Attestation form that certifies that they have been offered health insurance coverage by the CITY and knowingly and voluntarily opt out of same based upon qualifying alternate coverage and also understand the taxable consequences of receiving the cash-in-lieu payment.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
24 B. Retiree Medical:
Employees retiring from the City of Murrieta who choose to continue their CalPERS health insurance upon retirement are eligible to receive the following benefit based on their hire date with the City of Murrieta:
1. Employees hired prior to January 1, 2008 – eligible retirees shall receive the monthly minimum mandated employer contribution to participate in PEMHCA $112.00 per month for the calendar year 2012) and a $721.43 monthly contribution to a Retirement Health Savings Plan (RHS). The total monthly expenditure for pre-January 1, 2008, employees who thereafter retire, shall remain fixed at a maximum $833.43 (consisting of the minimum mandated contribution to participate in PEMHCA, as from time to time exists, and the RHS contribution.)
2. January 1, 2008, through July 14, 2014 (10 complete years of CITY service) – employees hired on and after January 1, 2008, and before July 15, 2014, and who thereafter retire from CITY service with a minimum of ten (10) complete years of service with the CITY, shall receive CITY-funded medical insurance for the retiree and eligible dependents, in an amount not to exceed $360.00 per month up to the date of eligibility to receive Medicare. Upon employee eligibility for Medicare, the CITY contribution to medical insurance shall be in the minimum mandated amount for employer contributions to participate in PEMHCA.
3. January 1, 2008, through July 14, 2014 (fewer than 10 complete years of CITY service) - for those employees hired on and after January 1, 2008, and before July 15, 2014, who then retire from CITY service with fewer than ten (10) full years of CITY service, the CITY medical; insurance contribution shall be equivalent to the minimum mandated employer contribution to participate in PEMHCA.
4. July 15, 2014, and later employees – Employees hired on or after July 15, 2014, are eligible to receive only the PEMHCA minimum mandated contribution. The minimum contribution will be $100.
C. Dental and Orthodontic:
The CITY agrees to provide a dental and orthodontic benefit plan. The CITY also agrees to pay monthly premium payments for each employee and the employee's dependents.
D. Vision Plan:
The CITY agrees to provide a vision plan. The CITY also agrees to pay monthly premium payments for each employee and the employee’s dependents.
E. Life Insurance:
The CITY agrees to provide life insurance coverage in the coverage amount of $50,000 through an insurance company selected by the CITY. The CITY shall pay the full monthly premium for said life insurance. When available through the CITY, employees may purchase additional life insurance at a cost to be paid by the employee.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
25 F. Long-Term Disability:
The CITY agrees to provide long-term disability insurance coverage through an insurance company selected by the CITY. The CITY shall pay the full monthly premium for said insurance coverage.
G. Short-Term Disability:
The CITY agrees to provide short-term disability insurance for all eligible represented classes through an insurer selected by the CITY. The CITY shall pay the full premium for said insurance.
H. Cafeteria Plan:
The CITY agrees to establish a Cafeteria Plan to allow employees to make pre-tax deductions from their earnings for the purposes of being reimbursed by a third-party administrator for eligible health and dependent care expenses. As part of this plan, the CITY agrees to provide a “premium- only plan” which will allow employees to make pre-tax deductions from their earnings for the purposes of paying their employee contributions for medical insurance premiums. The CITY will pay all administrative costs for this program.
I. California Public Employees Retirement System:
1. The CITY will provide the CalPERS retirement formulas as outlined below:
Employees hired prior to December 30, 2012: Effective July 1, 2007, the CITY amended its CalPERS retirement contract to provide Section 21354.5 (2.7% at Age 55 Retirement Benefit Formula, One-Year Final Compensation) for represented employees. The CITY shall pay the full employer cost for this benefit. The employee rate will be eight (8) percent. Effective September 9, 2012, employees will pay six and one-half percent (6.5%) of the employee portion of the CalPERS retirement contribution. Effective June 30, 2013, members will pay the entire eight percent (8%) of the Employee portion of the CalPERS retirement contribution.
Employees hired on or after December 30, 2012: Effective December 30, 2012, the CITY amended its CalPERS retirement contract in accordance with Section 21354.5 of the Public Employees’ Retirement Law, to provide a 2% at age 60 (Three-Year Final Compensation) retirement benefit formula for represented employees hired on or after December 30, 2012.
Effective January 1, 2013, this benefit only applies to employees hired who are, by CalPERS definition, a “Classic member”. The term Classic member is an individual who entered into membership with CalPERS or a reciprocal retirement system on or before December 31, 2012, and who does not meet the definition of a “New member” in Government Code (“GC”) Section 7522.04(f). Employees who receive this retirement benefit formula will pay the entire seven percent (7%) of the employee portion of the CalPERS retirement contribution.
Effective January 1, 2013, under the Public Employees’ Pension Reform Act of 2013 (“PEPRA”) the CITY will provide a 2% at age 62 (Three-Year Final Compensation) retirement benefit formula for represented employees hired as a “New Member” on or after January 1, 2013.
CalPERS definition of a New Member means any of the following: 1. An individual who becomes a member of CalPERS for the first time on or after January 1, 2013. 2. An individual who is not subject to reciprocity (under GC 7522.02(c)). 3. An individual who was an active member
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
26 of CalPERS or reciprocal retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. A New member will pay 50% of the normal cost rate for their defined benefit plan, which was seven percent (7%) as of July 1, 2019. The normal cost rate may fluctuate based on CalPERS actuarial valuations.
2. CalPERS 1959 Survivor Benefit. Effective November 7, 2004, the CITY agreed to provide the fourth level 1959 Survivor Benefit to represented employees. The CITY shall pay the employer's administrative costs for said benefit, and the employee shall pay his or her share of the monthly cost for said program.
3. Effective November 7, 2001, the CITY agreed to amend its contract with the California Public Employees Retirement System to provide Military Service Credit as Public Service (GC Section 21024). Under this amendment, employees must pay the costs of purchasing their service credit.
ARTICLE 2.17 DEFERRED COMPENSATION
For those employees participating in a CITY sponsored 457 Deferred Compensation Program, the CITY shall contribute a matching amount to the employee’s account on a dollar-for-dollar basis, not to exceed two thousand dollars ($2,000) per year.
ARTICLE 2.18 TUITION REIMBURSEMENT PROGRAM
After twelve (12) months of full-time employment with the CITY, regular full-time employees shall be eligible to receive financial assistance for approved courses completed at an accredited educational institution.
The maximum reimbursable amount shall be thirty-five hundred dollars ($3,500) (with a lifetime cap of thirteen thousand eight hundred dollars ($13,800)) per employee per fiscal year for allowable expenses as outlined in the CITY’s Tuition Reimbursement Policy. Reimbursement will be made provided: pre- approval was obtained; courses are satisfactorily completed; appropriate proof of successful completion is submitted to Human Resources; courses of instruction will enable the employee to perform their present duties more effectively or will prepare them for future opportunities which they could reasonably expect a promotion or transfer to at the CITY; the hours of instruction for the course do not conflict with the employee’s regularly scheduled work day; and reimbursement is limited to a maximum of two courses per semester or quarter. Both the CITY and ASSOCIATION believe that tuition reimbursements under this section are not subject to taxation, and the CITY’s practice of not subjecting them to tax withholding will continue.
Repayment of Tuition Reimbursement:
Employees are required to pay back a pro-rated amount of the tuition reimbursement received if the employee voluntarily separates from employment with the CITY within three (3) years of receiving such reimbursement. The repayment amount shall equal the remaining pro-rated portion of the compensation received. For example, an employee would be required to pay back one half (1/2) of the compensation received if the employee voluntarily separates eighteen (18) months after receiving tuition
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
27 reimbursement. The repayment may be deducted from the employee’s final check or leave cash-out with the written agreement of the employee.
SECTION III – HOURS
ARTICLE 3.01 LEAVES
All applicable leave accruals (i.e., annual), unless otherwise specified in this MOU, are calculated and credited to each employee based upon an eight (8) hour workday. All leave hours taken shall be based upon the length of a given employee's workday (i.e., 8 hrs, 9 hrs, 10 hrs, 12 hrs) and charged against the applicable accrued leave balance.
A. Jury Leave
Employees who are called for jury service in any court in the State of California or in the United States shall be granted a paid leave of absence to serve as a juror.
An employee summoned to and serving on jury duty shall submit evidence of the summons to Human Resources and may be absent from duty with full pay. The employee shall be entitled to retain the pay received for jury duty as partial or full reimbursement for the additional expenses associated with jury duty, with no additional reimbursement by the CITY.
B. Military Leave
Military leaves of absence shall be governed by the provisions of Sections 395 et seq. of the Military and Veterans Code.
C. Family Illness Leave
When employees need a leave of absence due to a family illness, said leave time shall be taken and paid from accrued Annual Leave.
D. Bereavement Leave
1. Immediate Family. For purposes of determining Bereavement Leave, the term “immediate family” is defined as spouse, domestic partner, child, parent, sibling, and grandparents; the aforementioned, either natural, legally adopted, step or in-law, or any person over whom the employee acts as the legal guardian, or a verifiable current member of the employee's immediate household. The CITY and the Association further agree that the definition of immediate family shall include an ex-spouse if the employee is escorting dependent children to the funeral of an ex-spouse who was the parent of the dependent child or children.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
28 2. Travel Less Than 300 Miles. Upon the death of an immediate family member whose memorial/burial services occur within less than 300 miles from the CITY, an employee may use up to three (3) work shifts of paid Bereavement Leave not chargeable to any other leave and an additional two (2) work shifts of any other leave or of unpaid leave for a total of five (5) work shifts.
3. Travel More Than 300 Miles. Upon the death of an immediate family member whose memorial/burial services occur 300 miles or more from the CITY, an employee may use up to five (5) work shifts of paid Bereavement Leave not chargeable to any other leave.
4. Other Terms and Conditions of Use. Bereavement Leave must be completed within three (3) months of the immediate family member’s death and may be intermittent leave and is not required to be used in consecutive amounts. Intermittent leave shall equate to the number of equivalent hours as constitute the employee’s normal work shifts as of the date Bereavement Leave is first requested. Employees are required to provide documentation to the CITY of the immediate family member’s death within thirty (30) days of the first day of use of Bereavement Leave. “Documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. The CITY shall maintain the confidentiality of any employee requesting leave under this section. Any documentation provided to the CITY regarding this leave shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary or as required by law.
E. Reproductive Loss Leave
Employees who have been employed by the CITY for at least thirty (30) days may take up to five (5) work days of reproductive loss leave following a reproductive loss event. Employees who experience more than one reproductive loss event within a twelve (12) month period may take up to five (5) work days off for each reproductive loss, up to a maximum of twenty (20) work days of reproductive loss leave within a twelve (12) month period. Employees may take the leave following their own reproductive loss event or that of another person, if the employee would have been the parent of the child born or adopted.
Definitions
A reproductive loss event is any of the following:
1. Miscarriage;
2. Stillbirth;
3. Failed adoption – for example, if a birth mother or legal guardian breaches or dissolves an adoption agreement, or if an adoption is not finalized for another reason;
4. Failed surrogacy – for example, if a surrogate breaches or dissolves a surrogacy agreement, or if an embryo transfer fails; or
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
29 5. Unsuccessful assisted reproduction – for example, a failed intrauterine insemination or embryo transfer.
Other Terms and Conditions
Employees may take the leave on consecutive work days, or can elect to use the leave on non- consecutive work days. The leave must be completed within three (3) months of the reproductive loss event. However, if prior to or immediately after a reproductive loss event, the employee is on or chooses to go on Pregnancy Disability Leave, leave under the California Family Rights Act, and/or any other leave entitlement under state or federal law, the employee must complete the Reproductive Loss Leave within three (3) months of the end date of the other leave.
Employees must provide reasonable advance notice of the need for the leave to their supervisor, unless advance notice is not feasible. If advance notice is not feasible, the employees should notify their supervisor as soon as possible of the need for the leave. The CITY may require documentation of the qualifying reproductive loss event.
The employee may elect to use accrued, available Annual Leave and/or Compensatory Time for the reproductive loss leave; otherwise, the leave is unpaid.
F. Leave for Crime Victims
Employees who are victims of certain crimes or who have certain relationships with the victim of certain crimes may take time off work under the following circumstances:
1. Type 1 Crime
(a) The crime must be a violent or serious felony as defined by law, or a felony provision of law proscribing theft or embezzlement;
(b) The employee must be the victim of the crime, or the employee must be an immediate family member, a registered domestic partner, or a child of a registered domestic partner who is the victim of the crime; and (c) The absence from work must be in order to attend judicial proceedings related to the crime.
An immediate family member is defined as: a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, and stepfather. A registered domestic partner means a domestic partner who is registered in accordance with California state law.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
30 2. Type 2 Crime
(a) The employee, or the employee’s spouse, parent, child, sibling, or guardian, must be a victim of any of the following offenses as defined by the Penal Code and/or Vehicle Code and identified in California Labor Code section 230.5. “Victim” is defined as suffering direct or threatened physical, psychological, or financial harm as a result of the following offenses.
(1) vehicular manslaughter while intoxicated
(2) felony child abuse likely to produce great bodily harm or death (3) assault resulting in the death of a child under eight years of age (4) felony domestic violence
(5) felony physical abuse of an elder or dependent adult (6) felony stalking
(7) Solicitation for murder
(8) Serious felony
(9) Hit-and-run causing death or injury
(10) Felony driving under the influence causing injury (11) Sexual assault
(b) The employee requests time off work to appear in court to be heard at any proceeding (including any delinquency proceeding) involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which the right of the victim (the employee, or the employee’s spouse, parent, child, sibling, or guardian) is at issue.
Notice of the Need for the Time Off /Leave
The employee must notify their supervisor of the need for the time off work at least ten (10) work days in advance of the date on which the employee intends to take time off work to attend the judicial proceeding. If ten (10) work days advance notice is not reasonably possible, employee should notify their supervisor as soon as reasonably possible in advance of the absence. The employee’s notice to the supervisor should include the documentation/certifications described below if possible. If advance notice of the absence is not feasible, the employee must provide to their supervisor the documentation/certification below within a reasonable period of time after the employee’s absence from work.
For time off for a Type 1 Crime, the employee must provide to their supervisor documentation of the scheduled court proceeding either before taking the time off work or within a reasonable time after the absence from work. Such documentation is typically a notice given to the victim of the crime by a court or government agency setting the hearing, a district attorney or prosecuting attorney's office, or a victim/witness office.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
31 For time off for a Type 2 Crime, the employee must provide to their supervisor appropriate certification either before taking time off work, or within a reasonable time after the absence from work. Appropriate certification may include: (a) a police report indicating that the employee was a victim of the a crime that falls within the Type 2 Crime definition above; (b) a court order protecting or separating the employee from the perpetrator of the offense or other evidence from the court or prosecuting attorney that employee has appeared in court; or (c) documentation from a medical professional, domestic violence advocate, advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from a Type 2 Crime.
Use of Accrued, Available Paid Leave
When an employee takes time off/leave for a qualifying reason, the employee must use accrued available Annual Leave and/or Compensatory Time to cover the time absent from work; otherwise, the time off/leave will be unpaid.
G. Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Certain Crimes Employees who are victims of domestic violence, sexual assault, and/or stalking, or a crime that caused physical injury, or caused a mental injury and threat of physical injury, and employees whose immediate family member is deceased as a direct result of a crime are eligible for time off work for the following purposes:
1. To seek medical attention for the injuries caused by the crime or abuse;
2. To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
3. To obtain psychological counseling related to an experience of crime or abuse;
4. To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation; and
5. To obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the employee or their child.
For purposes of this section, the term “crime” is defined, as set forth in Section 13951 of the California Government Code, to mean a crime or public offense that would constitute a misdemeanor or a felony and regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.
Notice of the Need for the Time Off/Leave
An employee needing time off work for any of the above purposes shall notify Human Resources as soon as reasonably possible in advance of the employee’s intention to take the time off from work, unless advance notice is not feasible. When the employee does not provide advance notice of the intent to take the time off from work, the employee must provide, within a reasonable period of time after the absence, a certification to Human Resources. The certification may be:
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
32 1. A police report indicating that the employee was a victim;
2. A court order protecting or separating the employee from the perpetrator of the crime or abuse;
3. Evidence of the employee’s court appearance;
4. Documentation from a licensed medical professional, domestic violence/sexual assault counselor, victim advocate, licensed health care provider, of counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting from the crime or abuse; or
5. Other reasonable evidence that reasonably verifies a crime or abuse occurred, or that the absence was for a qualifying reason.
Use of Accrued, Available Paid Leave
When an employee takes time off/leave for a qualifying reason, the employee must use accrued available Annual Leave and/or Compensatory Time off to cover the time absent from work; otherwise, the time off/leave will be unpaid. Nothing in this section creates a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is permitted by, the federal Family and Medical Leave Act (29 U.S.C. sect. 2601, et seq.).
H. Time Off/Leave for School Activities
Employees, who are a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children in kindergarten, or grades 1 through 12, or attending a licensed child care provider/facility, are eligible to use up to 40 hours of time off work each year for qualifying school/licensed child care provider activities (described below) and subject to the conditions below. Any unused time does not roll over to the following year.
1. Qualifying School/Licensed Child Care Provider Activities An eligible employee may take time off work for the following reasons:
(a) to find, enroll, or re-enroll his/her child in a school or with a licensed child care provider;
(b) to participate in activities of his/her child’s school or licensed child care provider; and/or
(c) to address a school or childcare provider emergency which means that the employee’s child cannot remain in a school or with a child care provider due to:
(1) the child’s behavioral or discipline problems;
(2) the closure or unexpected unavailability of the school or child care provider (excluding planned holidays); or
(3) a natural disaster, including but not limited to, fire, earthquake, or flood.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
33 An employee cannot use more than eight (8) hours of time off in any calendar month (out of the forty (40) hours available each year) for the reasons in paragraphs 1(a) and/or (b).
If more than one eligible employee seeks planned time off work for the same child/children and a qualifying school/licensed child care provider activity, and the employees work at the same worksite, the first employee at that worksite to request the time off will receive the time off. After the CITY makes the determination concerning who made the request first, the other employee(s) at the same worksite will only receive the time off if it is approved subsequently by their supervisor.
2. Notice of the Need for the Time Off Work/Absence
For time off work for school/licensed child care provider activities under paragraphs 1(a) and/or (b) above, an employee must provide notice to their supervisor of the need for time off work at least 10 work days in advance of the need for the time off. When 10 work days advance notice is not reasonably possible, the employee must notify their supervisor of the need for the time off as soon as reasonably possible in advance of the time off.
When the time off work is for an emergency, as defined in paragraph 1(c) above, the employee must notify their supervisor as soon as possible before taking the time off work, if reasonably feasible. If such notice before taking the time off work is not reasonably feasible, the employee must provide the notice to the supervisor as soon as reasonably possible thereafter.
Upon the CITY’s request, employees must provide to the CITY written verification from the school or licensed child care provider that the employee engaged in a qualifying school/licensed child care provider activity on a particular date and time.
3. Use of Accrued, Available Paid Leave to Cover the Time Off Work/Absence When an employee takes time off work for a planned absence for an above qualifying reason, the employee must use accrued, available Annual Leave and/or Comp Time to cover the time off work, and any remaining amount of time off not covered by the accrued, available Annual Leave and/or Comp Time shall be unpaid. For an unplanned time off work/absence due to an emergency as defined above, the employee can elect to use accrued, available Annual Leave and/or Comp Time in order to receive pay for all or part of the time off work. Otherwise, any time off work not covered by Annual Leave and/or Comp Time shall be unpaid.
Employees who are a parent or guardian of a child suspended from school may take time off to comply with the school’s request, under California Education Code section 48900.1, that the employee attend the child’s school. Prior to taking the time off for this purpose, the employee shall notify their supervisor as soon as reasonably possible, and, if feasible, at least 10 work days before the date of the school attendance date, and provide to the employee’s supervisor a copy of the school’s request. The employee’s time off from work will be unpaid, unless the employee elects to use accrued, available Annual Leave and/or Comp Time for the work absence.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
34 I. Annual Leave
1. All employees covered by the terms and conditions of this MOU shall accrue Annual Leave per the following schedule:
Years of Service Annual Accrual Maximum Accrual
1 to 3 years 152 hours per year (19 days x 8 hrs) 544 hours 4 to 6 years 176 hours per year (22 days x 8 hrs) 544 hours 7 to 10 years 192 hours per year (24 days x 8 hrs) 544 hours 11 to 15 years 232 hours per year (29 days x 8 hrs) 544 hours 16+ years 272 hours per year (34 days x 8 hrs) 544 hours
2. The maximum amount of scheduled Annual Leave time which may be taken shall be thirty (30) working days in a fiscal year unless used for sick leave purposes. Additional Annual Leave for exceptional situations may be granted on a case-by-case basis by the City Manager.
3. A minimum of eighty (80) hours of Annual Leave and/or floating holiday must be used each fiscal year by the employee.
4. Annual Leave may be accrued up to a maximum of five hundred and forty-four (544) hours.
When this maximum amount is reached, the employee will no longer accrue additional Annual Leave. Annual Leave accruals will re-commence in the next pay period following the use of Annual Leave which reduces this balance below the maximum allowed. It is incumbent upon the employee to manage their accrued annual time off so as not to exceed the maximum amount of five hundred and forty-four (544) hours.
5. Earned and accrued Annual Leave may be taken before the completion of the first year of service with the approval of the City Manager or designee. Annual leave may be taken for the purpose of sick leave after the completion of ninety (90) days of CITY service and does not require City Manager approval. [See Article 3.01(J) below for requirements related to the use of annual leave as sick leave].
6. Vacation Postponement. If an employee does not utilize his or her Annual Leave for the purposes of vacation in any fiscal year, the employee may, subject to the approval of the City Manager, be allowed such vacation leave during the succeeding fiscal year. In no event, however, shall any employee's vacation leave with pay exceed thirty (30) working days in any fiscal year.
7. Holidays Within the Annual Leave period. Holidays falling within the scheduled Annual Leave period shall not be considered as part of an employee's vacation. Should a holiday be declared during an employee's Annual Leave period, an equivalent number of Holiday Leave Bank hours will be used instead of the Annual Leave. Illness occurring during a scheduled Annual Leave period shall not be considered as unscheduled (sick) leave.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
35 8. Unused Annual Leave. Any employee who is eligible for Annual Leave benefits and terminates their employment with the CITY will be paid for any unused Annual Leave hours.
9. Use of Annual Leave in excess of eighty (80) consecutive hours, excluding usage for qualified sick leave, will require the City Manager's approval.
10. Employees who have a balance of at least one hundred and sixty (160) hours and have used a minimum of eighty (80) hours in the past fiscal year can cash out a maximum of eighty (80) hours of Annual Leave on the first payday in June and December each year. Starting with calendar year 2025, employees shall be entitled to cash out accrued Annual Leave twice yearly as currently provided, but they must first irrevocably designate in writing the amount of leave to be cashed out in the calendar year preceding the cash-out and it must be from future accruals. Cash-out is at the employee’s rate of pay at the time paid. Human Resources and/or Finance will supply the irrevocable designation form upon request.
J. Sick Leave
1. Personal Sick Leave:
When an employee is absent from work due to personal illness, injury, a health-related reason (such as the diagnosis, care, or treatment of a health condition), or preventive care, said leave time shall be taken and paid from the accrued Annual Leave Bank.
2. Family Sick Leave:
When an employee is absent from work, or needs a leave of absence due to an illness or injury or health-related reason (such as the diagnosis, care, or treatment of a health condition) or preventive care of a qualified family member, said leave time shall be taken and paid from accrued Annual Leave Bank.
For the purpose of Family Sick Leave, a qualified family member means the employee’s: child (includes any age or dependency status, or for whom the employee is a legal ward of stands in loco parentis), parent (includes a person who stood in loco parentis of the employee as a child), parent- in-law, spouse, registered domestic partner, grandparent, grandchild, or sibling.
3. Other Statutory Use:
Leave time shall be taken and paid from the accrued Annual Leave Bank to cover an absence for an employee who is a victim of domestic violence, sexual assault, or stalking to:
a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren).
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
36 b) Obtain medical attention or psychological counseling; services from a shelter, program, or crisis center; or participate in safety planning or other actions to increase safety.
4. Medical Certification:
In the event of sick leave absences due to personal illness or injury, which exceeds three (3) consecutive workdays, the Department Head or Human Resources may require a physician’s statement indicating the employee’s fitness to return to work.
K. Leave Of Absence
NOTE: It is the intent of the CITY to comply fully with the Family and Medical Leave Act of 1993, the California Family Rights Act of 1995, and the California Pregnancy Disability Leave Law. Nothing in this MOU is intended to restrict employees’ rights under these laws.
Leave Without Pay. An employee may be allowed a Leave of Absence without Pay. This can be initiated by a written request from the employee or a family representative if the employee is unable to make the request. The request shall be directed to the employee’s Department Head, who will forward it with a written recommendation to the City Manager for review and approval. The City Manager’s decision to approve or deny the request shall, in all cases, be final. The City Manager may grant an employee a Leave of Absence without Pay for a period not to exceed six (6) months. During such Leave of Absence without Pay, Annual Leave, and Holiday Leave Bank credits will not accrue, and the employee will be excluded from all other compensation and fringe benefits. However, the employee, at his or her discretion and cost, may take advantage of the COBRA program so that applicable benefits may continue.
L. Workers’ Compensation Leave
When an employee is unable to work due to an accepted work-related injury, that employee shall receive Total Temporary Disability (TTD) benefits as provided by law. For sixty (60) workdays, the CITY shall pay the employee the difference between his/her regular base salary and the amount of the TTD payment. Any partial day off counts as a full day towards the sixty (60) days. Beyond the first 60 workdays of TTD, the employee shall have the option of using accumulated Annual Leave to supplement the TTD provided; however, the combined amount received from TTD and the supplement does not exceed 100% of base salary.
M. During a pay period wherein an employee is supplementing his or her TTD with accrued Annual Leave, that employee will continue to accrue Annual Leave at their normal rate. This supplement shall be, at a minimum, equal to the employee’s bi-weekly accrual rate. PAID LEAVE USE
CONSIDERED HOURS WORKED FOR OVERTIME COMPUTATIONS
In determining an employee’s eligibility for overtime pursuant to the FLSA, the use of paid leave time during an FLSA-designated work period shall be considered “hours worked” for purposes of determining FLSA eligibility for overtime.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
37 ARTICLE 3.02 WORK SCHEDULES
A. Workweek:
The CITY defines the FLSA workweek for non-exempt employees as a period of 168 hours during 7 consecutive 24-hour periods beginning at 12:00 a.m. on Sunday and ending at 11:59 p.m. on Saturday, except for employees on a 9/80 or 3/12 work schedule.
B. Workweek for 9/80 Work Schedule:
Employees working a 9/80 work schedule will have a regular day off every other week as determined by the CITY. For such employees working a 9/80 work schedule, each employee’s designated workweek shall begin exactly four hours after the start of their eight-hour shift on the day of the week that corresponds to the employee’s alternating regular day off.
C. Workweek for 3/12 Work Schedule:
Public Safety Dispatchers working a 3/12 work schedule will have an alternating regular day off every other week as determined by the CITY. For such employees working a 3/12 work schedule, each employee’s designated workweek shall begin exactly half way through their twelve-hour shift on the day of the week that corresponds to the employee’s alternating regular day off.
D. Alternative Work and Lunch Schedules:
With the approval of the Department Director, a Manager may be given the discretion to approve alternative work and lunch schedules for their subordinate personnel. The CITY reserves the right to rescind alternative work and lunch schedules with five (5) days’ notice.
E. 4/10 Work Schedules:
The parties have agreed to implement a 4/10 work schedule that provides for City Hall to be open Monday through Friday. The 4/10 work schedule for full-time employees can be any combination of workdays that allows an employee to be scheduled for four (4) ten (10) hour days totaling forty (40) hours of work in each defined FLSA workweek.
Approval of work schedules will be determined by the Department Head, with the assistance of the Human Resources Division and the approval of the City Manager. All requests by employees to work a 4/10 schedule must be in writing, approved in writing, with the specific defined workweek and work schedule identified in the approval, and placed in the employee’s personnel file. The CITY's intent regarding 4/10 work schedules is for their use wherever feasible when requested by the employee and consistent with the operational needs of the department and the CITY. The CITY may cancel an approved 4/10 work schedule by providing the employee with no less than fifteen (15) days, but with the goal of providing thirty (30) days advance notice.
Employees wishing to change or cancel 4/10 work schedules must also provide at least fifteen (15) days but with the goal of providing thirty (30) days advance notice and obtain written
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
38 approval from their Department Head, which must also be copied to Human Resources. If, after providing reasonable notice, the agreed-upon 4/10 work schedule is canceled, the affected employee shall be returned to their previously assigned work schedule (e.g., 9/80 or 3/12).
Employees working 4/10 work schedules are prohibited from changing or switching their regular days off without prior approval from their Department Head due to the likelihood that overtime will result.
F. Remote/Hybrid Work Schedules:
Represented employees may be approved to work remotely or a hybrid work schedule consistent with CITY policy.
G. Changes to Work Schedules:
Effective the first full payroll period after City Council approval of the successor MOU tentative agreement or the MOU itself, all employees who work a 9/80 or 3/12 work schedule shall continue to work their assigned 9/80 or 3/12 work schedule for the duration of this MOU, unless the employee and the CITY mutually agree that the employee shall work a different work schedule (e.g., a 5/8 or 4/10).
The City reserves the right to propose changes to employee work schedules (e.g., employees on a 9/80 or 3/12) subject to completion of the meet and confer process with the ASSOCIATION per the requirements of the MMBA before implementing any such change in work schedules.
The City reserves the right to change work schedules for any vacant ASSOCIATION represented position with fifteen (15) calendar days’ notice to the ASSOCIATION and an opportunity for the ASSOCIATION to consult about the proposed change before posting the vacancy with the changed work schedule.
An employee’s 9/80 or 3/12 work schedule shall not be affected by promotions, reclassifications, or transfers within the bargaining unit, unless the CITY and ASSOCIATION either mutually agree to change it or complete the meet and confer process required by the MMBA.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
39 SECTION IV – WORKING CONDITIONS
ARTICLE 4.01 PROBATION PERIOD
A. All newly hired employees represented by the ASSOCIATION shall serve a twelve (12) month probation period commencing on the designated effective date of employment.
B. All newly promoted employees represented by the ASSOCIATION shall serve a six (6) month probation period commencing on the designated effective date of promotion. If the newly promoted employee does not pass probation as determined by the CITY, the CITY shall return the employee to the position they held immediately prior to the promotion.
C. Any former employee who has passed probation and is recalled from a lay-off action shall serve a three (3) month probationary period commencing on the designated effective date of re- employment.
D. Each employee serving a probation period shall, in accordance with CITY policies, receive a performance evaluation during their probation period.
E. All probationary employees are "at will" and serve at the will and pleasure of the City Manager.
They may be discharged at any time during the probationary period for any reason, with or without cause, and with no rights of appeal.
ARTICLE 4.02 GRIEVANCE PROCEDURES
A grievance is a complaint by a represented employee or the ASSOCIATION that the employee has been adversely affected due to a misinterpretation or misapplication of this MOU, any other work rules, conditions of employment, or regulations of the CITY or department, or actions of management regarding employee relations. Disciplinary actions are not subject to the procedures of this section.
This grievance procedure shall be subject to the following terms:
A. No punitive action will be assessed against an employee for utilizing the grievance procedure.
B. In any meeting with the supervisor, Department Head, or City Manager called to resolve a grievance, a maximum of two employees, or ASSOCIATION representatives, which may or may not include the grievant, may be excused from work, with the exception of those called as witnesses when both parties agree they are necessary to determine certain facts.
C. The preparation of grievances shall not unreasonably interfere with the employee’s regularly assigned duties.
D. At any stage of the grievance process, both parties are entitled to representation.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
40 E. All time limitations imposed by the grievance procedures described in this section may be extended by mutual written agreement between the CITY and the employee or the ASSOCIATION.
Informal Grievance Procedures. Every effort shall be made to resolve a grievance through discussion between the employee and/or the employee's designated ASSOCIATION representative, and the employee's immediate supervisor, department manager, or any other person with the authority to resolve the grievance. If, after such discussion, the employee or the ASSOCIATION does not feel the grievance has been satisfactorily resolved, the employee or the ASSOCIATION may proceed with a formal grievance.
Formal Grievance Procedures. The employee or ASSOCIATION shall have the right to present a formal grievance in writing to the Department Head within fifteen (15) calendar days after the employee/ASSOCIATION knew or reasonably should have known of the occurrence which is the subject of the grievance. Failure to timely initiate the grievance procedure with the Department Head shall be a bar to the further processing of the grievance. The parties may agree to hold the timelines in abeyance while the parties attempt to resolve the issue informally, but which must be confirmed in writing by both sides. The parties may also agree to have the Administrative Services Director receive, hear, and decide a formal grievance in the event the Department Head does not have the authority to resolve the grievance.
The Department Head shall meet with the employee and/or the employee's designated ASSOCIATION representative within fifteen (15) calendar days after receipt of the written grievance. The Department Head shall review the grievance, render a decision in writing, and return it to the employee and/or the employee's designated ASSOCIATION representative within fifteen (15) calendar days after meeting with the employee or the employee’s designated ASSOCIATION representative.
Appeal Procedures. If the employee disagrees with the decision reached by the Department Head, the employee may present an appeal in writing to the City Manager within fifteen (15) calendar days after the employee's receipt of the Department Head's decision. The City Manager shall set a meeting with the employee and/or the employee's designated ASSOCIATION representative to discuss the grievance within fifteen (15) calendar days. Within fifteen (15) calendar days following the meeting, the City Manager shall deliver a copy of the decision to the employee and/or the employee's designated ASSOCIATION representative. The City Manager's decision shall be final.
ARTICLE 4.03 DISCIPLINARY AND APPEALS PROCEDURE
A. Standards of Conduct. All employees are expected to adhere to standards of reasonable and prudent conduct.
B. Applicability of Discipline. Disciplinary action may be taken against any non-elected employee of the CITY. Employees represented by the ASSOCIATION shall have rights to the notice and hearing requirements set forth in this section.
C. Discretion in Disciplinary Action. The City Manager, Department Head, and supervisors may exercise their discretion in applying discipline appropriate to the employee's offense(s) and work record with the CITY.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
41 D. Permitted Disciplinary Action. Any one or combination of the following disciplinary actions may be taken against any employee for offenses stated in this section or for any other just cause:
Oral admonishment
Directive Memorandum
Corrective Counseling Memorandum
Written reprimand
Suspension
Reduction in salary
Demotion Dismissal
E. Oral Admonishment. Pre-disciplinary oral admonishments should be given in private. The supervisor shall include in the admonishment a review of appropriate departmental and/or CITY standards and policies, employee performance expected in the future, and the likely consequences of failure to correct performance or behavior within the period of time determined by the Department Head. Oral admonishments shall be memorialized in writing.
F. Directive Memorandum. When oral communication has not been sufficient, a pre- disciplinary directive memorandum can be issued to inform and direct the employee in writing on how to complete a task and perform it correctly in the future. It may also be used to give general direction to one or more employees.
G. Corrective Counseling Memorandum. The pre-disciplinary formal counseling process includes a dialogue between the supervisor and the employee and results in a corrective memorandum issued to the employee, which informs the employee that even after the previous direction, a task is still being completed incorrectly. This is a warning that further occurrences may result in disciplinary action and is the last pre-discipline step. The memorandum requires correction of performance.
H. Written Reprimand. A written reprimand shall be prepared for the continued or more serious offense. The reprimand shall take the form of a memorandum, including a full, accurate, and factual statement of the reason for the reprimand. The memorandum shall be given to the employee in private. The supervisor shall explain appropriate departmental standards and policies, employee performance expected in the future, and likely consequences of failure to correct performance or behavior within the period of time determined by the Department Head. A copy of the memorandum shall be placed in the employee's personnel folder. The employee may respond to the memorandum in writing within fourteen (14) calendar days and have such response placed in the employee's personnel folder. A dated copy of the written reprimand shall be released to the employee.
Suspension Without Pay. When the employee's undesirable conduct has been continuous, repeated, or is deemed by management to be of such severity that lesser penalties are inadequate or have proved ineffective, the Department Head may impose a suspension without pay. Such
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
42 suspension shall occur only after the notice procedures specified in subsections L through N have been complied with and shall be subject to appeal in accordance with subsections O through S of this section.
I. Reduction in Salary. In lieu of, or in addition to other forms of discipline, when facts justify, the Department Head may impose a reduction in salary upon the employee to a lower step on the present salary range or to a lower salary range, as may be appropriate. The reduction may be for a limited period or an extended period, as specified by the Department Head. Any reduction in salary shall be subject to the notice procedures specified below in subsections L through N and shall be subject to appeal in accordance with subsections O through S of this section.
J. Dismissal. When the employee's conduct has been of a continuous nature, uncorrected by previous discipline, or is of such a nature as to make further employment not in the CITY's interests or for other good cause, the Department Head shall have the right to dismiss the employee.
Dismissal shall be the final termination of the employee's employment. Any action of dismissal shall be taken only in compliance with the notice procedures specified below in subsections L through N and shall be subject to appeal in accordance with subsections O through S of this section.
K. Pre-disciplinary Procedures. An employee being considered for any discipline involving loss of time or wages shall be ensured due process through the application of subsections L through N, pre- disciplinary steps described in this section.
L. Written Notice. Written notice of any proposed disciplinary action shall be given to the employee in private. This notice shall include the proposed action, the intended effective date, and the specific reasons for such action. A written copy of the allegations of misconduct and the grounds for such allegations shall also be included, along with a copy of all supporting documentation upon which the department expects to rely. The employee is entitled to copies of all materials on which the allegations are based, if there are any. The employee's right to respond orally or in writing, the right to respond in person or through a designated representative, the time in which the response should be made, and to whom and where it should be made, shall be specified in the notice of intended discipline.
M. Employee Response. An employee is entitled to a reasonable time, not to exceed fourteen (14) calendar days, to answer a notice of proposed discipline. The Department Head may grant an extension of the response period if the employee can demonstrate a reasonable need. Should an employee respond, the Department Head shall consider the response in reaching a decision or disciplinary action. The employee is entitled to respond in writing or orally, personally or through a designated representative, or any combination thereof. If the employee requests a meeting to present a response, the meeting shall not be conducted as an adversarial hearing. The employee may neither cross-examine the department's witnesses nor present a formal case to support the response. The employee shall be given the opportunity to make any representations the employee believes might affect the disciplinary decision. Extensions shall be permitted only with the consent of the Department Head. If the employee fails to respond within the time specified, the Department Head may proceed with a decision.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
43 The Department Head has the right to conduct further investigations. If new charges result from this investigation, the employee shall be given another opportunity to respond.
N. Department Head's Response. The Department Head shall provide a written answer to an employee's response at the earliest practical date, not to exceed fourteen (14) calendar days following the response of the employee. The Department Head shall deliver the notice of the decision to the employee at or before the time when the action will be effective. The answer shall be dated and signed by the Department Head. The answer shall inform the employee which of the reasons and grounds in the notice of proposed discipline have been sustained. The answer shall include a statement of the employee's right to appeal, as provided herein. Additionally, the time limit for an appeal and the specific discipline to be imposed or the decision not to impose discipline shall be detailed in the answer. The effective date of discipline shall be included in the answer.
If the Department Head’s decision results in a finding that the discipline is appropriate, the disciplinary action shall be immediately implemented, with restitution/reinstatement, if any, being made following conclusion of the City Manager level appeal.
O. Appeal of Disciplinary Actions. Any employee may appeal the imposition of discipline within fourteen (14) calendar days after the receipt by the employee of the Department Head's answer.
Appeals from discipline shall be in writing, signed by the appellant or the appellant's representative, and delivered to the City Manager.
P. Appeal Hearing. Upon receipt of a timely letter of appeal, the City Manager shall set a time for a hearing. The hearing shall be held within thirty (30) calendar days after receipt of the appeal letter.
The City Manager shall give not less than seven calendar days' written notice to the appellant, and any such person requesting same, of the time and place of such hearing. Said hearing shall be scheduled during normal City Hall business hours. The hearing may be open to the public or closed at the appellant’s option. The appellant may appear personally and represent themself or be represented by another of the appellant’s choosing.
a. During the examination of witnesses, all other witnesses, except the parties, shall be excluded from the hearing.
b. No photography, still, or motion video shall be taken in the hearing room during the hearing. An audio recording will be permitted.
c. The City Manager, prior to or during a hearing, may grant a continuance for any reason deemed to be important to the manager in reaching a fair and proper decision.
d. The City Manager shall give all parties to the action a reasonable opportunity to be heard on relevant issues. The department's representative shall first present an opening statement and oral and/or documentary evidence in support of the department's position. The appellant may present oral or documentary evidence and may cross-examine
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
44 any witness called by the department. The appellant may make an opening statement on the appellant’s behalf. The department's representative may cross-examine any witness called by the appellant. Both the department and the appellant may present rebuttal evidence. The department may then make a closing statement, followed by the appellant.
e. The City Manager shall not be bound by technical rules of evidence.
f. The City Manager may, at the manager's discretion, appoint a hearing officer to conduct the hearing on the manager's behalf and to report findings and recommendations to the manager for final decision. In this case, a copy of the hearing officer's report shall be provided to the appellant.
Q. Findings and Decisions. The City Manager shall, within fourteen (14) calendar days after the conclusion of the hearing or receipt of a hearing officer’s report, cause findings and a decision to be prepared in writing. The City Manager shall determine whether the action of the Department Head is supported by the evidence. Should the City Manager find that none of the charges are supported by the evidence presented, the decision shall be that no disciplinary action be taken.
A decision not to impose discipline shall be accompanied by a directive from the City Manager to delete all references to the appealed action from the appellant’s personnel file. Should the City Manager find that any or all of the charges are supported, the manager shall affirm, overrule or modify in whole or in part the Department Head's disciplinary action. The City Manager shall cause a copy of the findings and decision to be delivered to the appellant and the appellant’s designated representative. A copy will be forwarded to Human Resources for inclusion in the appellant’s personnel file.
R. Appellant’s Status during Appeal. If the pre-disciplinary meeting with the Department Head results in a decision that discipline is appropriate, the disciplinary action shall be immediately implemented, with restitution/reinstatement, if any, being made following the conclusion of the City Manager level appeal.
S. Time Limits. All time limitations of this section may be extended or shortened by mutual agreement of the parties.
ARTICLE 4.04 PROHIBITION OF STRIKES
A. The ASSOCIATION, its officers, and members, shall neither cause nor counsel its memb er s or any non-represented employees to strike for any reason, nor shall it in any manner cause them to directly or indirectly to commit any concerted acts of work stoppage, slow down, or refusal to perform any customarily assigned duties for the employer, namely, the CITY, for any reason. The occurrence of any such acts or actions prohibited in this section by the ASSOCIATION shall be deemed a violation of this MOU.
B. In applying the provisions of this section, all of its terms used here shall be given the meaning commonly understood.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
45 C. The ASSOCIATION shall not be liable where the acts or actions previously enumerated are not caused or authorized directly or indirectly by the ASSOCIATION.
ARTICLE 4.05 POLITICAL ACTIVITIES
While employees are encouraged to vote before or after normal work hours, any employee entitled to vote in any public election shall be afforded the necessary time off to do so in accordance with the provisions of the California Statutes or any other means that is satisfactory to the CITY and the ASSOCIATION. No employee shall receive compensation for replacing another employee while voting.
ARTICLE 4.06 SUBSTANCE ABUSE POLICY
It is the responsibility of all affected employees to cooperate to protect the lives, personal safety, and property of co-workers and fellow citizens. All employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers. Towards this goal, employees will follow the CITY's drug-free workplace policy, which has been established and maintained separately from this MOU.
ARTICLE 4.07 LAYOFF AND RETURN POLICY
PURPOSE. To provide a policy to be followed in the event of a reduction in the workforce and subsequent recall for employment of affected employees represented by the ASSOCIATION.
A. Layoff. The CITY reserves the right to lay off employees for lack of work, budgetary reasons, technological changes, or other CITY actions that necessitate a reduction in the workforce. In the event of a layoff for budgetary reasons, the CITY will follow the seniority requirements of California Government Code § 45100.
1. The Department Head, in consultation with Human Resources, as approved by the City Manager, will implement the layoffs.
2. Prior to the layoff of any ASSOCIATION members, the CITY shall first eliminate all contractors who are performing substantially the same duties as performed by the impacted classifications.
Temporary employees, seasonal employees, part-time employees, or employees in their initial probationary period in the impacted classification within the impacted department shall be laid off first. Subsequent layoffs in the impacted classification within the impacted department shall be laid off in the following order:
a. The least amount of CITY seniority
b. The least amount of classification seniority
c. If seniority under “a” and/or “b” is equal, an employee’s performance based on an average of all the performance evaluations within the current job classification will be evaluated by management to determine the layoff. In the event that the average of performance evaluations is equal, education and certifications may be considered to determine the layoff.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
46 3. An employee designated for layoff shall be entitled to “bump” into a position in a job classification and department in which the employee most recently held a full-time, non- probationary appointment and in which there is an employee with less CITY seniority. If this position no longer exists or title readjustment/reclassification has occurred, a reasonable accommodation shall be made to allow the laid-off employee to assume a position equal to that one level down from their current position. Cross-department “bumping” is prohibited unless the employee has previously held a full-time, non-probationary appointment in that department. “Bumping” shall, in all cases, be downward rather than lateral. In order to “bump” into a former job classification, an employee must meet the minimum qualifications for that job classification, including the physical ability to perform that assignment.
The displaced employee shall be considered as laid off for the same reason as the person who displaced him/her and shall, in the same manner, be eligible to "bump" as described in the paragraph above. In the event of a tie in CITY seniority, performance evaluations as described in 2.c above shall be utilized in implementing the lay-off.
4. Notice of layoff shall be given to the employee with as much advance notice as possible but no fewer than fourteen (14) calendar days before the implementation date. When said notice cannot be given, the employee shall be provided with salary and benefit compensation equal to what the employee would have received under the fourteen (14) calendar day notice on a pro-rata basis.
5. Laid-off employees shall receive compensation, less required taxes, only for applicable accumulated Annual Leave and holiday compensation leave he/she has due. Annual Leave shall be compensated based on the total number of accrued Annual Leave hours multiplied by the employee's base hourly rate of pay. Employees shall be compensated with a payment of his/her unused Sick Leave balance pursuant to Article 3.01(F) of this MOU.
6. An employee shall not continue to accumulate seniority, Annual Leave, or any other service- related benefits with the exception of any severance-related benefits the CITY provided to laid- off employees during the period of time they are laid off.
B. Recall List. The names of full-time, permanent employees who have been laid off shall be placed on a recall list for the position and job classification held at the time of lay-off for a period not to exceed twenty-four (24) months.
Individual names may be removed from the recall list for any of the following reasons:
1. The expiration of twenty-four (24) months from the date of placement on the list.
2. Re-employment with the CITY in a regular full-time position.
3. Failure to respond within fourteen (14) calendar days of mailing a certified letter regarding availability for employment. The certified letter shall be mailed to the employee's last known address.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
47 4. Failure to report to work within fourteen (14) calendar days of mailing a certified letter containing a notice or recall to a position.
5. Written request to be removed from the list.
C. Recall. In the event of a recall from a layoff, employees shall be recalled in reverse order of lay-off providing that the recalled employee meets the minimum qualifications for the position to be filled.
1. The classification for which the employee may be recalled to fill may be at a lower classification than the one which the employee held prior to being laid off. Financial compensation for recalled employees would be within the CITY’s salary range for the classification being filled through the recall process. Returning employees shall be entitled to seniority accrued prior to layoff. Employees being recalled to a position at a lower salary level than the salary range for the position held prior to layoff may decline the recall and remain on the Recall List for the remainder of the twenty-four (24) month period.
2. All returning employees must pass a physical examination appropriate for the respective job classification so as to ensure the returning employee is medically capable of performing the required duties. Any Americans with Disabilities Act (ADA) accommodations for disabilities existing prior to the layoff shall be continued and shall not be a reason to deem the recalled employee physically unqualified for the position being offered.
3. All recalled employees shall serve a probationary period in accordance with Article 4.01 of the MOU between the CITY and the ASSOCIATION.
4. When vacancies occur, the CITY shall utilize the Recall List prior to conducting an outside recruitment for positions represented by the ASSOCIATION.
ARTICLE 4.08 OTHER ITEMS
Items not specifically addressed in the MOU shall continue to be addressed in Personnel Resolution, No. 91- 64 and/or the Employee Relations Resolution, No. 93-214.
During the term of this agreement, the parties agree to the following limited re-opener provisions:
A. Update to City Employer-Employee Relations Resolution and/or local labor relations rules and procedures;
B. Update Personnel Rules/Employee Handbook; and
C. Creation or updates to City policies that do not conflict with the express terms of this MOU.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
48 ARTICLE 4.09 JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal construction or interpretation to be made of this MOU, the same shall not be construed against any party.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
49 APPROVALS
CITY OF MURRIETA MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
By: _____________________________ By: ______________________________ Justin Clifton Jerry Aldridge
City Manager President
By: ______________________________
Richard Scott
Vice President
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
50 EXHIBIT A
REPRESENTED CLASSIFICATIONS
ACCOUNTING ASSISTANT
ACCOUNTING SPECIALIST
ADMINISTRATIVE ASSISTANT
ASSISTANT PLANNER
BUILDING INSPECTOR I
BUILDING INSPECTOR II
BUILDING INSPECTOR III
CIVIL ENGINEERING ASSISTANT
CODE ENFORCEMENT OFFICER I
CODE ENFORCEMENT OFFICER II
COMM RISK/DISASTER PREPAREDNESS ADMINISTRATOR
COMMUNITY SERVICES OFFICER I
COMMUNITY SERVICES OFFICER II
CRIME ANALYST
DEVELOPMENT SERVICES TECHNICIAN
EMS COORDINATOR
EXECUTIVE ASSISTANT
FIRE EQUIPMENT MECHANIC
FIRE INSPECTOR
FIRE PROGRAM ASSISTANT
GIS TECHNICIAN
HISTORIAN/ARCHIVIST
INFORMATION SYSTEMS COORDINATOR
INFORMATION SYSTEMS TECHNICIAN I
INFORMATION SYSTEMS TECHNICIAN II
JR PLANNER
LIBRARIAN I
LIBRARIAN II
LIBRARY ASSISTANT I
LIBRARY ASSISTANT II
LIBRARY SPECIALIST
MAINTENANCE WORKER I
MAINTENANCE WORKER II
OFFICE ASSISTANT I
OFFICE ASSISTANT II
PARK RANGER
PLANS EXAMINER
POLICE SERVICES TECHNICIAN I
POLICE SERVICES TECHNICIAN II
PROPERTY/EVIDENCE TECHNICIAN
PUBLIC SAFETY DISPATCHER I
PUBLIC SAFETY DISPATCHER II
PW EQUIPMENT OPERATOR/SENIOR MAINTENANCE WORKER
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2024 – June 30, 2027
51 PW INSPECTOR
RECORDS CLERK
RECORDS MANAGEMENT COORDINATOR
RECREATION COORDINATOR
SENIOR MAINTENANCE WORKER
SENIOR RECREATION COORDINATOR
SENIOR CODE ENFORCEMENT OFFICER
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR CRIME ANALYST
SENIOR DEVELOPMENT SERVICES TECHNICIAN
SENIOR LIBRARY ASSISTANT
SENIOR OFFICE SPECIALIST
SENIOR PLANS EXAMINER
SENIOR PUBLIC WORKS INSPECTOR
TRAFFIC SIGNAL TECHNICIAN