RESOLUTION NO. 23-4704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, 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, 2022 THROUGH JUNE 30, 2024
WHEREAS, the City of Murrieta (“City”) endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and
WHEREAS, the salaries and benefits offered by the City to its employees are designed to aid in the City’s recruitment and retention efforts; and
WHEREAS, Section 36506 of the California Government Code requires that the City Council of the City fix compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, the current Memorandum of Understanding (“MOU”) between the City and the Murrieta General Employees’ Association (MGEA), adopted by City Council Resolution No. 19- 4133 covering the period July 1, 2019 throug h June 30, 2022 (“MGEA MOU 2019 -22”) expired June 30, 2022; 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, 2022 through June 30, 2024, 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 for a successor MGEA MOU; and
WHEREAS, the City Council approved the Tentative Agreement for a successor MOU between the City and the MGEA on July 11, 2022 through adopting Resolution No. 22-4597; and
WHEREAS, the City and MGEA met and conferred in good faith pursuant to the Tentative Agreement and Resolution No. 22-4597 on drafting the successor MGEA MOU for the period July 1, 2022 through June 30, 2024, pursuant to the MMBA and the City’s Employer -Employee Relations Resolution No. 93-214; and
WHEREAS, the City and MGEA have prepared and executed the successor MGEA MOU for the period July 1, 2022 through Jun e 30, 2024, subject to City Council approval, adoption and implementation.
Resolution No. 23-4704
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, 2022 – June 30, 2024, a fully executed copy of which is attached hereto as Exhibit A, is approved, adopted and implemented.
Section 3. The City Manager is hereby authorized and directed to implement the provisions of the MGEA MOU for the period July 1, 2022 – June 30, 2024, including the resulting changes to compensation and benefits.
Section 4. The City Clerk shall certify the adoption of this resolution effective September 19, 2023.
PASSED, APPROVED, AND ADOPTED this 19th day of September 2023 by the City Council of the City of Murrieta, State of California.
Lisa DeForest, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
Resolution No. 23-4704
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. 23-4704 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 19th day of September 2023, 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, 2022, TO JUNE 30, 2024
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
2 SECTION I – ADMINISTRATION ............................................................................................................4 ARTICLE 1.01 INTENT AND PURPOSE .................................................................................................. 4 ARTICLE 1.02 RECOGNITION ................................................................................................................ 4 ARTICLE 1.03 IMPLEMENTATION ........................................................................................................ 4 ARTICLE 1.04 TERM OF MOU .............................................................................................................. 5 ARTICLE 1.05 UNFAIR EMPLOYEE RELATIONS PRACTICE .................................................................... 5 ARTICLE 1.06 MANAGEMENT RIGHTS ................................................................................................. 5 ARTICLE 1.07 EMPLOYEE RIGHTS ......................................................................................................... 7 ARTICLE 1.08 ASSOCIATION ACTIVITY .................................................................................................. 7 ARTICLE 1.09 SEVERABILITY CLAUSE .................................................................................................. 10 SECTION II – COMPENSATION ............................................................................................................ 10 ARTICLE 2.01 COMPENSATION ........................................................................................................... 10 ARTICLE 2.02 HOLIDAY PAY ................................................................................................................ 11 ARTICLE 2.03 TEMPORARY ASSIGNMENT PAY ................................................................................... 11 ARTICLE 2.04 ASSIGNMENT PAY – TRAINING ..................................................................................... 12 ARTICLE 2.05 SPANISH LANGUAGE PAY ............................................................................................. 12 ARTICLE 2.06 COURT ASSIGNMENT PAY ............................................................................................ 12 ARTICLE 2.07 COMPENSATORY TIME ................................................................................................. 12 ARTICLE 2.08 WORKING OUT OF CLASS ............................................................................................. 13 ARTICLE 2.09 CALL OUT / STANDBY PAY ............................................................................................ 13 ARTICLE 2.10 SHIFT DIFFERENTIAL – POLICE DISPATCHER I, II .......................................................... 13 ARTICLE 2.11 CELL PHONE ALLOWANCE AND REIMBURSEMENT ...................................................... 14 ARTICLE 2.12 UNIFORM ALLOWANCE ................................................................................................ 14 ARTICLE 2.13 BOOT ALLOWANCE ...................................................................................................... 14 ARTICLE 2.14 LONGEVITY PAY ............................................................................................................ 15 ARTICLE 2.15 HOLIDAYS ..................................................................................................................... 15 ARTICLE 2.16 INSURANCE & RETIREMENT BENEFITS ......................................................................... 18 A. Medical Insurance ........................................................................................................................ 18 B. Retiree Medical: ........................................................................................................................... 20
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
3 C. Dental and Orthodontic: .............................................................................................................. 20 D. Vision Plan: .................................................................................................................................. 20 E. Life Insurance: .............................................................................................................................. 21 F. Long-Term Disability:.................................................................................................................... 21 G. Short-Term Disability: .................................................................................................................. 21 H. Cafeteria Plan: .............................................................................................................................. 21 I. Public Employees Retirement System: ......................................................................................... 21 ARTICLE 2.17 DEFERRED COMPENSATION ......................................................................................... 22 ARTICLE 2.18 TUITION REIMBURSEMENT PROGRAM ........................................................................ 22 SECTION III – HOURS ......................................................................................................................... 23 ARTICLE 3.01 LEAVES .......................................................................................................................... 23 A. Jury Leave ..................................................................................................................................... 23 B. Military Leave ............................................................................................................................... 23 C. Family Illness Leave ...................................................................................................................... 23 D. Bereavement Leave ...................................................................................................................... 24 E. Annual Leave ................................................................................................................................ 24 F. Sick Leave ..................................................................................................................................... 25 G. Leave Of Absence ......................................................................................................................... 26 H. Workers’ Compensation Leave .................................................................................................... 27 ARTICLE 3.02 WORK SCHEDULES ....................................................................................................... 27 SECTION IV – WORKING CONDITIONS ................................................................................................ 28 ARTICLE 4.01 PROBATION PERIOD .................................................................................................... 28 ARTICLE 4.02 GRIEVANCE PROCEDURES ........................................................................................... 29 ARTICLE 4.03 DISCIPLINARY AND APPEALS PROCEDURE ................................................................... 30 ARTICLE 4.04 PROHIBITION OF STRIKES ............................................................................................. 34 ARTICLE 4.05 POLITICAL ACTIVITIES .................................................................................................. 35 ARTICLE 4.06 SUBSTANCE ABUSE POLICY .......................................................................................... 35 ARTICLE 4.07 LAYOFF AND RETURN POLICY ....................................................................................... 35 ARTICLE 4.08 OTHER ITEMS .............................................................................................................. 38 APPENDIX A ...................................................................................................................................... 39 REPRESENTED CLASSIFICATIONS.............................................................................................................. 39
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
4 MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MURRIETA AND
THE MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
PERIOD JULY 1, 2022, TO JUNE 30, 2024
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 f aith 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 AS SOCIATION (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 Mu rrieta 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 t he employee classifications of the C ITY, 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
5 ARTICLE 1.04 TERM OF MOU
The term of this MOU shall be July 1, 2022, through June 30, 2024. This MOU shall remain in full force and effect until a successor MOU has be en r atified by the ASSOCIATION membership and adopted by the Murrieta City Council.
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 t he 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, and 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 as regards 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
6 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 upon 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.
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 uti lization 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
7 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 he/she 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 his/her employee relations with the CITY or not to join or participate in the activities of any organization or association.
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 his/her memb ership or no n-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 la ws.
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. ASSOCIATION members shall be granted one (1) hour of paid release time per year to attend an annual membership meeting. In addition, all ASSOCIATION memb ers 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 f acilities, subject to availability. Five (5) calendar days advance notice shall be given to Human Resources for membership, ratification, and ASSOCIATION Board meetings when r elease time is involved.
ASSOCIATION Board members shall be granted paid release time for up to six (6) ASSOCIATION
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
8 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.
B. Representatives of the ASSOCIATION having business with the officers and individual members of the ASSOCIATION may confer with such officers or members during the course of the workday for a reasonable length of time, provided that such activities do not impede the operation of the CITY.
C. 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 p aid 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 me etings so as to permit the scheduling of operations within the CITY. The provisions of th is 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.
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.
D. 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.
6. Reports of committees of the ASSOCIATION.
7. Rulings or policies of the ASSOCIATION.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
9 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.
E. ASSOCIATION notices, logos, and decals shall not be permitted on any CITY property or equipment except as provided for in this Article, paragraph D.
F. 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 CI TY copy machines. The ASSOCIATION, in turn, agrees to reimburse the CITY for the cost of copies produced on CITY copiers.
G. New Employee Orientation. In accordance with Assembly Bill 119, 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 a lso, 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.
H. 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 b e 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.
I. Maintenance of Membership. Unless prohibited by law, any employee in the ASSOCIATION who has authorized ASSOCIATION dues deductions on July 1, 2019 (the effective date of this Memorandum of Understanding) or at any time subsequent to th e effective date of this Memorandum of Understanding, shall continue to have such dues deductions made by the CITY during the term of this Memorandum of Understanding, provided however, that any employee in the ASSOCIATION may terminate such dues during th e month of June of each year of the Memorandum of Understanding by notifying the ASSOCIATION in writing of his/her election to terminate dues deduction. Such notification shall be delivered in person or by U.S. Mail to an ASSOCIATION Board member and conta in the employee’s name, job classification, department, and signature indicating the employee no longer wishes to be a member of the ASSOCIATION. The ASSOCIATION will notify the CITY’s Human Resources Office within a reasonable time thereafter
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
10 and request the CITY to process dues cancellations within the next available pay period.
J. Indemnification. In accordance with Senate Bill 866, the ASSOCIATION shall indemnify, defend, and hold the CITY harmless against any liability arising from any claims, demands , or other action relating to the CITY’s compliance with the terms of this Section.
ARTICLE 1.09 SEVERABILITY CLAUSE
Should any provision of this MOU or any application thereof, be unlawful by virtue of any federal, state, or local law 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.
SECTION II – COMPENSATION
ARTICLE 2.01 COMPENSATION
A. The CITY and the ASSOCIATION agree to use the following cities as comparative survey agencies:
Carlsbad, Chino, Corona, Escondido, Hemet, Indio, Oceanside, Redlands, Temecula, and Upland.
The parties will also discuss and agree on Total Compensation elements and appropriate market levels during the meet-and-confer process. Based on the r esults of those discussions, the ASSOCIATION reserves the right to make additional proposals related to salary increases and the term of the MOU.
B. All represented employees hired on or before July 3, 2022, and still employed at the time of payment processing shall receive a one -time stipend of one thousand five hundred dollars ($1,500), payable the second full pay period in July 2022.
C. During the term of this agreement, employees represented by the ASSOCIATION shall receive the following cost of living adjustments:
a. Five percent (5%) effective the first full pay period in July 2022.
b. Four percent (4%) effective the first full pay period in July 2023.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
11 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.
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 which 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
12 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 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 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 in lieu of overtime may accrue such leave time up to a maximum of 80 hours at any given time.
Twice each year (in June and December), employees who have accrued compensatory hours may request to cash out all or a portion of th ese accrued hours. Requests must be made in writing to the Finance Department through the chain of command. Maximum cash out in any year shall be eighty (80) hours.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
13 ARTICLE 2.08 WORKING OUT OF CLASS
Should a situati on a rise wherein an e mployee is be ing called upon to substantially p erform 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.
ARTICLE 2.09 CA LL OUT / STANDBY PAY
A. Unit employees required to perform call-out or stand-by duties as described in Policy SOP #22 (Call- Out / Stand-by Policy) shall receive call-out benefits when returning to work after their normal shift and $50.00 per day for each day a ssigned to stand-by duty. For each holiday included in a stand-by period, the affected employee shall receive an a dditional $35.00.
B. 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 Standby Pay, compensate said ASSOCIATION member with a minimum of three (3) hours pay at time and on e-half for each response.
It is further acknowledged by both the CITY and the ASSOCIATION that the Traffic Signal Technician is a single-incumbent c lassification. As such, the CI TY understands that the AS SOCIATION 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 is otherwise unfit for duty at the time the request is made. In such cases, the CITY shall call upon other resources to respond.
C. 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 S HIFT 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
14 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 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
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 pro vided an annual uniform allowance in the amount of $1,850. Payment sh all take place on the f irst pa yday 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
ARTICLE 2.13 BOOT ALLOWANCE
All unit employees in t he positions listed below shall wear boots that meet Occupational Safety and Hazard Administration (OSHA) guidelines for foot protection and safety. Boots will be purchased by the City in an amount not to exceed $250 per fiscal year per eligible employee. Classifications covered by this provision include:
EMS Coordinator
Fire Inspector
Maintenance Worker I
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
15 Maintenance Worker II
Public Works Equipment Operator
Park Ranger
Senior Maintenance Worker
Public Works Inspector
Building Inspector
Fire Equipment Mechanic
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.
BENEFITS
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 (Half-Day Holiday)
13) One (1) Floating Holiday
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
16 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 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 half- day 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.
E. Procedure if Holiday Falls on Saturday or Sunday: For the Veterans Day holiday in 2023, facilities that are normally closed on Saturday will be closed to the public on Friday, with applicable City employees observing the Veterans Day holiday on Friday, November 10, 2023. Facilities normally open on Saturday will observe the holiday on the actual date (Saturday, November 11, 2023).
MGEA members, however, would be required to advise their supervisor in writing at least two (2) weeks in advance if they plan on working on Friday, November 10, 2023, and not observe the holiday if their facility is normally closed on Saturday.
The Christmas Eve holiday (Sunday, December 24, 202 3) and New Year’s Eve holiday (Sunday, December 31, 2023) will not be observed on a different day. Members who work at facilities normally closed on Sundays will not have their holiday bank hours reduced. Members can use the value of the holiday leave for these two holidays at another time.
F. Procedure for Work Schedule Changes: Should an employee’s authorized work schedule ( e.g., 9/80, 4/10, or 3/12) be changed, resulting in a change in regular hours worked (e.g., 9, 10, or 12), the hour value of holidays will be adjusted for any holidays remaining after the schedule change.
G. Holiday Leave Bank
1. Employees will be provided holiday leave hours on the first payday in July. Employees on a 9/80 work schedule will receive one hundred twelve and one half (1 12.5) hours of holiday leave. Employees on a 4/10 work schedule will receive one hundred twenty-five
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
17 (125) 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.
2. Employees a re re quired to use holiday leave each ti me a CITY-authorized holiday or observed holiday falls on a day when the employee would normally be scheduled to work.
3. Holiday leave ba nk hours may be used only a fter the h oliday 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 holiday leave bank. Such time must be scheduled in advance and approved by the D epartment Head with consideration given to sufficient staff being available to continue the efficient operation of the department.
4. Holidays, excluding the F loating Holiday, occurring during a L eave without Pay a re 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. A
ny 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.
H. Employees Required to Work on Holiday: Employees who work on the actual or observed holidays listed in Article 2.15(B) shall not have the ir 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 an d 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.
I. 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
18 J. 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.
K. Employees separating employment with the C ITY during the fis cal 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.
ARTICLE 2.16 INSURANCE & RETIREMENT BENEFITS
A. Medical Insurance
The CITY shall provide funding for medical and related expenditures as follows: The C ITY is a contracting agency for participation in the Public Employees Medical and Hospit al Care Act (PEMHCA). Government Code § 22892 provides for the minimum employer contributions to allow enrollment in P EMHCA. 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, 2018, the minimum mandated employer contribution (“MEC”) under PEMHCA shall be $133.00 monthly per employee). The monthly MEC per employee is $149 for 2022, and $151 for 2023.
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, 2022, the total monthly contribution shall be $1,611.16 per month. • Effective January 1, 2023, the total monthly contribution shall be $1,611.16 per month. • Effective January 1, 2024, the total monthly contribution shall be $1,647.83 per month.
This amount will be adjusted each January thereafter by fifty percent (50 %) of the in crease in premium cost (defined as the difference in the premium rate from the current year to the next, e.g., January 2023 to January 2024, 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 r elevant plan premium cost exceeds the premium cost that the Ci ty’s cafeteria plan contribution is based on.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
19 The following 2 examples reflect the parties’ understanding of how the City’s contributions will be calculated based on the above formula:
Example 1:
Plan year 2021: Lowest Cost Family Plan - $1,661.66
2021 Total City Contribution - $1,562.56
Plan year 2022: Lowest Cost Family Plan - $1,758.85
2022 City Contribution: $1,758.85-$1,661.66 = $97.19/2= $48.60+$1,562.56= $1,611.16
Example 2:
Plan Year 2023: Lowest Cost Family Plan - $1,719.87
2022 Total City Contribution - $1,611.16
2023 City Contribution: 2023 Premium ($1,719.87) – 2022 Premium ($1,758.85) = <-$38.98> (No contribution increase is triggered. City Contribution remains at $1,611.16) Example 3:
Plan Year 2024: Lowest Cost Family Plan - $1,832.19
2023 Total City Contribution - $1,611.16
2024 City Contribution: 2024 Premium ($1,832.19) – 2022 Premium ($1,758.85) = $73.34 / 2 = $36.67 + $1,611.16 = $1,647.83
Any amount remaining from the CITY’s contribution after the payment of the monthly premium, or eight hundred thirty-three dollars and forty-three cents ($833.43), whichever is higher, may be used for other allowable Cafeteria Plan expenditures, such as Flexible Spending Account contributions, or taken as a taxable cash payment, limited to the provisions for taxable cash payment enumerated as follows.
Taxable Cash Payment (cash-in-lieu of health care):
1. Those employees working for the City of Murrieta on or before June 30, 2019 , who elected and receive cash-in-lieu for Plan Year 2019 (Tier 1) shall be allowed to maintain the benefit.
Should such an employee reduce or eliminate the cash -in-lieu benefit in future years, such election will be final: it cannot be increased or reinstated in the future though the employee can elect to further reduce the benefit until it is eliminated.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
20 2. Any employee hired on or before June 30, 2019 , that did not elect cash-in-lieu shall not be eligible for such this Plan Year or in any future Plan Year.
3. New employees hired on or after July 1, 2019, shall not be eligible to receive cash-in-lieu.
B. Retiree Medical:
Employees reti ring fr om the City of Murrieta who c hoose to c ontinue their CalP ERS h ealth insurance upon retirement are eligible to receive the following benefit based on their hire date with the City of Murrieta:
1. Employees h ired pr ior to January 1, 2008 – elig ible retirees shall re ceive 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 H ealth Sa vings Plan (RHS). The total monthly expenditure for pre-January 1, 2008, employees who thereafter retire, shall re main fixed a t a m aximum $833.43 ( consisting of the minimum mandated contribution to participate in P EMHCA, as f rom time to time ex ists, and the RHS contribution.)
2. Ja
nuary 1, 2008, through Ju ly 14, 2014 (10 c omplete y ears of CI TY se rvice) – e mployees 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 e quivalent to the minimum mand ated employer contribution to participate in PEMHCA.
4. July
15, 2014, and later employees – employees hired on or after July 15, 2014, a re 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 CI TY a lso 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
21 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.
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. Public Employees Retirement System:
1. The CITY will provide CalPERS retirement formula 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 e mployee 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 C ITY 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 do 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
22 Effective January 1, 2013, under the Public Employee’s 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 followin g: 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 of CalPERS or reciprocal re tirement 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 p ay his or h er sh are 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 (PERS Section 21024). Under this amendment, employees must pay the c osts of p urchasing 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 $1,600 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 $3,500 ( with a lifetime cap of $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 s atisfactorily completed; appropriate proof of successful completion is submitted to Human Resources; courses of ins truction 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 MGEA 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
23 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 half (1/2) of the compensation received if the employee voluntarily separates 18 months after receiving tuition 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 a nd s erving on jury duty shall sub mit evidence of the summons to Human Resources and may be absent from duty with full p ay. The employee shall be e ntitled to retain the p ay received for jury duty as partial or f ull 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
24 D. Bereavement Leave
An employee may use up to three work shifts of paid Bereavement Leave if required to be absent from work due to the death of a member of the employee’s immediate family. Additional time off may be authorized by the Department Head. Any additional time off will be charged to any available leave with pay or treated as leave without pay. However, if the employee provides documentation that 300 or more miles were traveled one way pursuant to the use of Bereavement Leave, an additional two (2) paid shifts of leave may be provided.
Immediate family shall be defined as: spouse, child, parent, sibling, 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 agree that the d efinition of the immediate family shall in clude an ex-spouse if the employee is escorting dependent children to t he funeral of an ex-spouse who was the parent of the dependent child or children.
E. 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 f or 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 t o 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 e xceed the m aximum amount of five hundred and forty-four (544) hours.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
25 5. Earned and accrued Annu al 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 sic k le ave after the completion of ninety (90) days of City service and do es not require City Manager approval. [See Article 3.01(F) below for requirements related to the use of annual leave as sick leave].
6. Vacation Postponement. If an employee does not ut ilize his or h er Annual Leave for the purposes of vacation in any fiscal year, the employee may, subject to the approval of the City Manager, be allowed su ch v acation le ave during the su cceeding 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.
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 forty (40) hours of Annual Leave on the first payday in June and December each year.
F. Sick Leave
1. Personal Sick Leave:
When an employee is absent from work due to personal illness, in jury, a health-related reason (such as the dia gnosis, care, or treatment of a health condition), or preventive care, said leave time shall be taken and paid from 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 (su ch as the dia gnosis, c are, or t reatment 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
26 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 loc o parentis of the e mployee 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 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).
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 eve nt of sick leave absences due to personal illness or injury, which exceeds three (3) consecutive workdays, the De partment H ead or Human Resources may require a physician’s statement indicating the employee’s fitness to return to work.
G. 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 Wit hout Pay . An e mployee may be all owed a Lea ve 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 re quest. The r equest shall be directed to the e mployee’s Depa rtment H ead, who will forward it with a written recommendation to t he City Manager for review a nd 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 e mployee will be excluded fr om a ll other compensation a nd fr inge b enefit s. Ho wever, the employee, at his or her discretion a nd c ost, may take a dvantage of the COBRA program so that applicable benefits may continue.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
27 H. Workers’ Compensation Leave
When an employee is unable to wo rk due to an acce pted work-related injury, that e mployee 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 d ay off counts as a full day towards the sixty (60) days. Beyond the fi rst 60 workdays of T TD, the employee shall have the option of using accumulated Annu al Leave to supplement the TTD provided, ho wever, the combined amount received fr om TTD and the supplement do not exceed 100% of base salary.
I. 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. PA ID 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.
ARTICLE 3.02 WORK SCHEDULES
A. Workweek:
The City defines the FLSA workweek for non-exempt employees as 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 b egin exactly four hours after the start of 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 a n 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 six hours after the start of his/her twelve-hour shift on the day of the wee k that corresponds to the employee’s alternating regular day off.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
28 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 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. 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. During the term of this agreement, the Labor Management Committee will discuss the following issues:
a. Implementation of remote/hybrid work schedule where feasible
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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
29 B. All ne wly pr omoted e mployees rep resented by the ASSOCIATION shall se rve a six (6) month probation p eriod commencing on the d esignated ef fective da te of pr omotion. If the n ewly 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 pr obationary pe riod c ommencing on the designa ted ef fective da te of re - employment.
D. Each e mployee se rving a pr obation pe riod shall, in accordance with CI TY policies, receive a performance evaluation during his or her probation period.
E. A
ll 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 G RIEVANCE PROCEDURES
The CI TY and the AS SOCIATION agree to meet a nd c onfer in orde r to a mend the existing grievance procedure by clarifying language and establishing acceptable time frames for the filing of grievances.
K. Matters Subject to the Grievance Procedures. A g rievance is a complaint by an employee or the employee's ASSOCIATION that the e mployee has b een a dversely 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 subject only to the provisions of the disciplinary procedures se ction of this MOU and are not subject to the procedures of this section.
a. No punitive action will be assessed aga inst an e mployee for utilizing the g rievance procedure.
b. In a hearing or 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 p reparation of g rievances 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.
L. Informal G rievance P rocedures. Every effort shall be made to re solve a g rievance through discussion b etween the e mployee, and/or the e mployee's designa ted representative, a nd the employee's im mediate supervisor. I f, a fter such discussion, the e mployee does not feel the
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
30 grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with the supervisor's superior within the depa rtment. The informal grievance process shall be commenced not later than ten ( 10) calendar days after the e mployee/ASSOCIATION kn ew or reasonably should have known of the occurrence which is the subject of the grievance. Failure to timely initiate the grievance procedure, and to meet with the supervisor’s superior not later than ten (10) calendar days after being advised of the supervisor’s decision, shall be a bar to the further processing of the grievance.
M. Formal Gr ievance P rocedures. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing to the Department Head within ten (10) calendar days after receipt of the decision at the informal grievance step. The Department Head shall meet with the employee and/or the employee's designated representative within ten (10) calendar days after receipt of the written grievance. The Department H ead shall re view the g rievance, render a d ecision in writing, and return it to the employee and/or the employee's designated r epresentative within ten (10) calendar days a fter meeting with the employee or the employee’s designated representative.
N. 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 ten (10) calendar days after the e mployee's re ceipt of the Depa rtment H ead's d ecision. The Ci ty Man ager shall set a meeting with the e mployee a nd/or the e mployee's designa ted r epresentative to discuss the grievance within ten (10) calendar days. Within ten (10) calendar days following the meeting, the City Manager shall deliver a copy of the decision to the employee and/or the employee's designated representative. The City Manager's decision shall be final.
O. Extension of Time Limits . 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.
ARTICLE 4.03 DISCIPLINARY AND APPEALS PROCEDURE
A. Standards of Conduct. All e mployees a re exp ected to a dhere to standards of rea sonable a nd 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 Man ager, Depa rtment H ead, 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, 2022 – June 30, 2024
31 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 o ral a dmonishments should be g iven in pr ivate. The supervisor shall include in the admonishment a review of appropriate departmental and/or CITY standards a nd policies, e mployee p erformance expected in the futu re, a nd the l ikely consequences of failure to correct performance or behavior within the period of time determined by the Department Head. O ral admonishments shall be memorialized in writing.
F. Directive Memo randum. When o ral c ommunication 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 c ounseling pro cess 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 sti ll be ing c ompleted incorrectly. This is a wa rning that further o ccurrences may r esult in disciplinary action a nd is the last pre- discipline step. The memorandum requires correction of performance.
H. Written Reprimand. A writ ten 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 pe riod of ti me de termined by the Depa rtment H ead. A c opy 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 pe rsonnel folder. A da ted copy of the writ ten r eprimand sh all be released to the employee.
I. Suspension Wit hout Pay . When the e mployee's undesirable c onduct has b een c ontinuous, 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, 2022 – June 30, 2024
32 suspension shall occur only after the notice procedures specified in subsections L through O ha ve been complied with and shall be subject to appeal in accordance with subsections P through T of this section.
J. Reduction in Salary. In lieu of, or in addition to other forms of discipline, when facts justify, the Department Head may impose a re duction 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 pe riod or an ex tended pe riod, as specified by the Depa rtment H ead. Any reduction in salary shall be subject to the notice procedures specified below in subsections L through O and shall be subject to appeal in accordance with subsections P through T of this section.
K. Dismissal. Whe n the e mployee's co nduct has b een of a c ontinuous n ature, uncorrected by previous discipline, or is of such a nature as to make further employment not in the CITY's interests or for other g ood cause, the Depa rtment H ead shall ha ve the right to dis miss the e mployee.
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 subsection L through O and shall be subject to appeal in accordance with subsections P through T of this section.
L. 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 M through O p re- disciplinary steps described in this section.
M. Written Notice. Written notice of any proposed disciplinary action shall be given to the employee in pr ivate. This notice shall include the p roposed action, the in tended ef fective d ate, 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 depa rtment exp ects to rely . The e mployee is entitled to copies of all materials on which the allegati ons a re based if there a re any. The employee's right to r espond 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.
N. Employee Response. An employee is entitled to a reasonable time, not to exceed fourteen (14) calendar days, to a nswer a notice of proposed discipline. The Department Head may gra nt 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 d ecision 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 s upport the
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
33 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 Depa rtment H ead. I f the e mployee fails to re spond within the ti me specified, the Department Head may proceed with a decision.
The Department Head has the right to conduct further investigations. If new charges re sult from this investigation, the employee shall be given another opportunity to respond.
O. Department H ead's Response. The Depa rtment H ead shall pr ovide a writ ten a nswer to a n employee's response at the earliest p ractical da te, not to ex ceed fourteen (14) calendar days following the response of the employee. The Department Head shall delive r 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 a ppeal a nd the specific discipline to be i mposed or the dec ision not to im pose discipline shall be detailed in the answer. The effective date o f discipline shall be included in the answer.
I f, the Depa rtment Head’s d ecision re sults in a finding that the discipline is a ppropriate, the disciplinary action shall be immediately implemented, with restitution/reinstatement, if any, being made following conclusion of the City Manager level appeal.
P. 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.
Q. 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 himself/herself or be represented by another of the appellant’s choosing.
a. During the examinati on of witnesses, a ll other witnesses, ex cept the pa rties, shall be excluded from the hearing.
b. No photography, still, or motion video shall be taken in the h earing 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
34 d. The City Manager shall give all parties to the action a reasonable opportunity to be heard on re levant issues. The d epartment's rep resentative shall first p resent a n op ening statement a nd o ral a nd/or documentary evidence in support of the d epartment's position. The appellant may present oral or documentary evidence and may cross-examine 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 a ny witness called by the a ppellant. Both the depa rtment a nd 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. T
he 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 d ecision. In this case, a copy of the h earing officer's report shall be provided to the appellant.
R. Findings a nd D ecisions. The City Manager shall, w ithin f ourteen ( 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. S hould the City Manager find that none of the charges a re 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 Depar tme nt 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 c opy will be fo rwarded to Human R esources for inclusion in t he a ppellant’s personnel file.
S. Appellant’s Status during Appeal. If the pre-disciplinary meeting with the Department Head results in a d ecision that discipline is a ppropriate, the disciplinary action shall be i mmediately implemented, with restitution/reinstatement, if any, being made following the conclusion of the City Manager level appeal.
T. Time Lim its. All ti me limi tations of this s ection may be ex tended or shortened by mutual agreement of the parties.
ARTICLE 4.04 P ROHIBITION OF STRIKES
A. The ASSOCIATION, its officers, and members, shall neither cause nor counsel its members 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 c oncerted acts of work stoppage, slow down, or re fusal to
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
35 perform any customarily assigned duties for the employer, namely, the CITY, for any reason. The occurrence of a ny such acts or actions pr ohibited in this sec tion by the AS SOCIATION 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.
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 POLIT ICAL 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 Cali fornia S tatutes or a ny other means that is satisfac tory to the CITY a nd the ASSOCIATION. No employee shall receive compensation for replacing another employee while voting.
ARTICLE 4.06 S UBSTANCE 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.
1. Layoff. The CITY rese rves the right to lay off e mployees 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 Depa rtment H ead, in c onsultation with Human Re sources, as a pproved by the City Manager, will implement the layoffs.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
36 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. Least amount of CITY seniority
b. 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 the average of p erformance evaluations is equal, education and certifications may be considered to det ermine the layoff.
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 t itle r eadjustment/reclassification has o ccurred, 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 d escribed 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 r eceive 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.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
37 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.
2. 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.
4. Failure to re port 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.
3. 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. Financia l compensation for recalled employees would be within the CITY’s salary range for the classification be ing 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 Ac t (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. A
ll recalled employees shall serve a probationary period in accordance with Article 4.01 of the MOU between the CITY and the ASSOCIATION.
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
38 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 Labor Management Committee will discuss the following issues:
a. flexing upwards into higher-level positions in a ladder series b. policy for filling vacancies, recruitments, promotions, and transfers
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
39 APPENDIX 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
MURRIETA GENERAL EMPLOYEES’ ASSOCIATION
July 1, 2022 – June 30, 2024
40 PW EQUIPMENT OPERATOR/SENIOR MAINTENANCE WORKER
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