1 RESOLUTION NO. 24-4783
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, APPROVING A TENTATIVE AGREEMENT FOR 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 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 have met and conferred in good faith and have prepared a written Tentative Agreement on a fair and equitable package of compensation and benefits for a successor MGEA MOU for the period July 1, 2024 through June 30, 2027 (“MGEA MOU 2024- 27”) subject to MGEA ratification and City Council approval, pursuant to the Meyers-MiliasBrown Act (“MMBA”) (Government Code sections 3500-3511) and the City's EmployerEmployee Relations Resolution No. 93-214; and WHEREAS, the members of the MGEA have voted to ratify the Tentative Agreement and the labor representatives of the City and the MGEA have executed the Tentative Agreement, which is still subject to City Council approval; and
WHEREAS, the MMBA provides in Section 3505.1:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding." 2 WHEREAS, once the City Council adopts the Tentative Agreement for the MGEA MOU 2024-27, the parties are required to jointly prepare a written MOU to present to the City Council at a later date for consideration, adoption, and implementation consistent with the Tentative Agreement; and
WHEREAS, once approved by the City Council, the Tentative Agreement and the successor MGEA MOU 2024-27 become binding agreements between the parties, each in their own right; and
WHEREAS, upon City Council approval of the Tentative Agreement, the compensation and benefit changes outlined therein shall be implemented and incorporated into the Annual Operating Budget for Fiscal Year 2024/25; and
WHEREAS, the City Council, having considered the Tentative Agreement, desires to accept, adopt, and implement the Tentative Agreement for the successor MGEA MOU 2024-27.
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 executed Tentative Agreement for a successor MGEA MOU for the period of July 1, 2024 – June 30, 2027, a fully executed copy of which is attached hereto as Exhibit A, is accepted, approved, adopted and implemented as stated therein.
Section 3. The labor representatives of the City and MGEA are directed to jointly prepare a written successor memorandum of understanding in accordance with the Tentative Agreement and present same to the City Council at a future date for its consideration, approval, and adoption.
Section 4. In anticipation of the successful completion of the negotiations, the Fiscal Year 2024/25 Operating Budget was amended on August 20, 2024, to reflect the increased compensation and benefits authorized by the Tentative Agreement for a successor MGEA MOU 2024-27.
Section 5. The City Clerk shall certify the adoption of this Resolution and deem it effective and implemented as of September 3, 2024, the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the City Council of the City of Murrieta, State of California.
Lori Stone, Mayor
3 ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
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. 24-4783 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 3rd day of September, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
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TENTATIVE AGREEMENT
FOR A SUCCESSOR MOU BETWEEN THE CITY OF MURRIETA AND
THE MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
AUGUST 14, 2024
The current Memorandum of Understanding (MOU) between the City of Murrieta (City) and the Murrieta General Employees’ Association (MGEA or Association), 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. MGEA currently represents 146 total City employees, including 47 different classifications, with 8 currently vacant positions.
Pursuant to the Meyer-Millias-Brown Act (“MMBA”) (Gov’t Code Section 3500 – 3511) and the City’s Employer-Employee Relations Resolution No. 93-214, the labor relations representatives of the City and the Association commenced labor negotiations for a successor MOU with their first meeting on March 19, 2024. The parties subsequently met again on April 9, 2024, April 23, 2024, May 8, 2024, May 28, 2024, June 11, 2024, June 20, 2024, July 1, 2024 and July 23, 2024.
The parties exchanged multiple proposals and counter proposals for a successor MOU during this time and up through and including August 7, 2024. On August 14, 2024, the Association notified the City that the Association’s membership had voted to approve the City’s latest Proposal #7 dated August 7, 2024. Accordingly, the City and the Association have reached a Tentative Agreement on the deal terms for a successor MGEA MOU covering the period July 1, 2024 through June 30, 2027, which is represented by this document.
All items affecting compensation within the current MGEA MOU 2022-24 not addressed herein are proposed to remain unchanged. The parties intend to prepare a redlined version of the successor MOU, which will include some additional clean-up edits and language changes subject to meet and confer. In addition, any language that has a sunset will be deemed of no further force and effect. The following deal terms were ratified by the Association, but remain subject to formal approval/adoption by the City Council per the MMBA and specifically California Government Code Section 3505.1, which provides:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.” Exhibit A
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City/MGEA MOU 2024-27 Tentative Agreement by MOU Article MOU ARTICLE Strikeouts are deletions, and bolded language are additions.
Term of MOU
Article 1.04
Replace/modify the existing MOU language as follows:
“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.”
Association
Activity
Article 1.08 A– C
Revise release time language to clarify allowed release time per MMBA and notice provisions as reflected in the modified provision provided after this chart.
Labor
Management
Committee
New Article 1.10
Add a new Article section providing for the establishment of a Labor Management Committee as set forth in the new provision provided after this chart.
Salaries
Article 2.01
Replace the current language in its entirety with the following:
Year 1
“Effective the first full pay period after City Council approval of this Tentative Agreement, the base pay of all represented employees will be increased by a four percent (4%) cost-of-living adjustment (COLA).” “Effective the first full pay period after City Council approval of this Tentative Agreement, the base pay of Public Safety Dispatchers I and II will be increased by an additional equity adjustment of one percent (1%), not to be compounded with the 4% COLA.”
“Effective the first full pay period after City Council approval of this Tentative Agreement, the base pay of Building Inspector I position will be increased by an additional equity adjustment of five percent (5%), not to be compounded with the 4% COLA.”
Year 2
Effective the first pay period in FY 2025/26, employees shall be granted a Cost-of-Living-Adjustment (“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%).
Year 3
Effective the first pay period in FY 2026/27, employees shall be granted a Cost-of-Living-Adjustment (“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%).
Compensatory
Time
Article 2.07
Modify current language, and starting with calendar year 2025, employees shall be entitled to cash out accrued CTO twice yearly as currently stated in MOU, but they must first irrevocably designate in writing the amount of leave to be cashed out in the 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.
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Call Out /
Standby Pay
Article 2.09
Incorporate and update language from SOP#22, and consider the recent on-call pilot program for dispatchers when drafting language.
Change “Standby” to “On-Call” verbiage to be more consistent with FLSA definitions.
Uniform
Allowance
Article 2.12
Create three tiers of uniform allowance benefit starting January 1, 2025 to be paid equally across all pay periods in the remaining fiscal 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.
Boot Allowance
Article 2.13
Incorporate attached MOU Side Letter Agreement which updated this provision to a reimbursement policy.
Increase the reimbursement from $250 to $300.
Add Police Community Services Officers and Senior Public Works Inspectors to list of covered classifications.
New Specialty
Pays
Article 2.15
(New) Certification 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 with the effective date of the first full payroll period after City Council adoption of this Tentative Agreement. This is an either/or nonstackable benefit. This 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 pay shall cease effective the first day of the pay period following the expiration of the certification.
Holidays
Article 2.15B
Increase New Year’s Eve Day to a full day.
Holidays
Article 2.15
Revise Holiday language per the attached red-lined document.
Medical
Insurance
Article 2.16
Increase City contribution from current $1,647.83 to $1,747.83 effective the first full pay period after City Council approval of this Tentative Agreement. No change to the current annual adjustment language (50% of the lowestcost family HMO premium increase).
Effective January 1, 2025 increase the monthly contribution by an additional $100, bringing the City’s total contribution amount to $1,891.28 ($1,747.83 + $100 + $43.45).
MOU to reference the existing Opt-Out attestation form and incorporate the requirements, eligibility terms, and acknowledgments therefrom to comply with IRS regulations. Cash-in-lieu amount to be clarified and expressly stated as follows:
“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).
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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.” Deferred Comp
Article 2.17
Increase City matching amount from $1,600 to $2,000 per year. The parties to discuss and consider adding the Roth feature to the 457 plan if possible during term of MOU.
Bereavement
Leave
Article 3.01D
Update existing provision with provisions from new state law. Revised language provided at the end of this proposal.
Add Reproductive Leave provision, which is also provided at end of this proposal.
Annual Leave
Article 3.01E
Increase cash out from 40 to 80 hours twice per year, but also modify cash-out language such that starting with calendar year 2025, employees shall be entitled to cash out accrued Annual Leave twice yearly as currently stated in MOU, but they must first irrevocably designate in writing the amount of leave to be cashed out in the 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.
Leaves of
Absence
Article 3.01G
a. Add Domestic Violence Victim Leave as recognized type of protected leave provided at end of this proposal b. Add Crime Victims Leave as recognized type of protected leave provided at end of this proposal. c. Add Leave for School Activities as recognized type of protected leave provided at end of proposal.
Work Schedules
Article 3.02
Revise the Work Schedule language per the modified provision provided after this chart.
Grievance
Procedures
Article 4.02
Replace the existing Grievance Procedures language with the provision provided after this chart.
Other Items
Article 4.08
Replace existing Article with the re-opener provision/language provided after this chart.
Joint Drafting
Article 4.09 New
Add new provision as follows:
“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.” MGEA MOU 2024-27 Tentative Agreement 5 of 19
REVISED OR NEW MOU PROVISIONS
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 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 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 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.
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 MGEA MOU 2024-27 Tentative Agreement 6 of 19
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 request shall be made and approved in advance, otherwise as soon as practicable afterwards.
ARTICLE 1.10 LABOR-MANAGEMENT COMMITTEE (NEW)
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 order of discipline. • Establishing a written Police Department policy for reinstating status on force list (overtime order list) for Dispatch employees on protected leave.
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ARTICLE 2.15 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).
D. Half-Day Holidays: For half-day holidays, employees shall not be required to work the last half of their regularly scheduled shift. The hour value for each half-day holiday shall be equivalent to half of the employee’s authorized work schedule (e.g., If the holiday falls on a regularly scheduled nine (9) hour workday, the value of the half-day holiday is four and a half (4.5) hours. If the holiday falls on a regularly scheduled ten (10) hour workday, the value of the half-day holiday is five (5) hours. If the holiday falls on a regularly scheduled twelve (12) hour workday, the value of the halfday holiday is six (6) hours.). The hours of operation and/or the work schedules of employees may be adjusted on half-day holidays for operational efficiency. Employees will be notified at least fourteen (14) days in advance of such changes.
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).
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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 and eight (108) one hundred seventeen (117) hours of holiday leave. Employees on a 4/10 work schedule will receive one hundred twenty (120) one hundred thirty (130) hours of holiday leave. Employees on a 3/12 work schedule will receive one hundred forty-four (144) one hundred sixty-four (164) 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.
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. Police Dispatchers and Lead Dispatchers can cash out up to eighty (80) hours of unused holiday leave hours on the first payday in June and December each year upon written request with thirty (30) days’ notice to the CITY.
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 MGEA MOU 2024-27 Tentative Agreement 9 of 19
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 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 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 3.01 LEAVES
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.
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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 (Insert and renumber remaining sections accordingly) 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
5. Unsuccessful assisted reproduction – for example, a failed intrauterine insemination or embryo transfer.
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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 a victim 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.
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.
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(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 postarrest 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 10 work days in advance of the date on which employee intends to take time off work to attend the judicial proceeding. If 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.
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.
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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 the 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:
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 MGEA MOU 2024-27 Tentative Agreement 14 of 19
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 child care 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.
An employee cannot use more than 8 hours of time off in any calendar month (out of the 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 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) MGEA MOU 2024-27 Tentative Agreement 15 of 19
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.
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 shall normally work a 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 MGEA MOU 2024-27 Tentative Agreement 16 of 19
hours after the start of their his/her 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 six hours after the start of their his/her eight 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 his/her 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) consecutive 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 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.
During the term of this agreement, the Labor Management Committee will discuss the following issues:
a. Implementation of remote/hybrid work schedule where feasible MGEA MOU 2024-27 Tentative Agreement 17 of 19
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.
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. 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.
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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 4.08 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.
DocuSign Envelope ID: 35C28BCA-A09C-4C66-B143-B6EC0B38F7E4 DocuSign Envelope ID: 35C28BCA-A09C-4C66-B143-B6EC0B38F7E4