MEMORANDUM OF
UNDERSTANDING
BETWEEN
THE CITY OF RIALTO
AND
RIALTO CITY EMPLOYEES’
ASSOCIATION
July 1, 2023
through
June 30, 2025
Table of Contents
PREAMBLE......................................................................................................................................... 7 ARTICLE 1 TERM OF AGREEMENT .......................................................................................... 7 ARTICLE 2 WAGES ...................................................................................................................... 8 ARTICLE 3 BILINGUAL PAY ...................................................................................................... 8 ARTICLE 4 RETIREMENT ........................................................................................................... 8 EMPLOYEES HIRED BEFORE JULY 1, 2013 .............................................................................. 8 EMPLOYEES HIRED AFTER JULY 1, 2013 ................................................................................ 9 ARTICLE 5 DEFERRED COMPENSATION ............................................................................. 10 ARTICLE 6 CAFETERIA BENEFIT PLAN ................................................................................ 10 ARTICLE 7 RETIRED EMPLOYEES’ HEALTH INSURANCE ............................................... 12 ARTICLE 8 [RESERVED] ................................................................................................................ 12 ARTICLE 9 [RESERVED] ................................................................................................................ 12 ARTICLE 10 INCOME PROTECTION INSURANCE ................................................................ 12 ARTICLE 11 LIFE INSURANCE .................................................................................................... 12 ARTICLE 12 BENEFIT CONTINUATION .................................................................................. 13 ARTICLE 13 SOCIAL SECURITY .................................................................................................. 13 ARTICLE 14 MEDICARE ............................................................................................................. 13 ARTICLE 15 4/10 WORK SCHEDULE AND ALTERNATE WORK SCHEDULES ............... 13 ARTICLE 16 STATE DISABILITY INSURANCE ..................................................................... 14 ARTICLE 17 SICK LEAVE .......................................................................................................... 14 ARTICLE 18 BEREAVEMENT LEAVE ......................................................................................... 15 ARTICLE 19 VACATION ACCRUAL ACCOUNTING ............................................................. 16
1. Generally .......................................................................................................................... 16
2. Vacation Leave Maximum ............................................................................................... 16
3. Vacation Leave Accrual ................................................................................................... 16
4. Optional Annual Vacation/Sick Leave Cash Out ............................................................. 16 ARTICLE 20 HOLIDAYS ............................................................................................................. 17 ARTICLE 21 OVERTIME COMPENSATION ................................................................................ 18 ARTICLE 22 ACTING PAY ......................................................................................................... 18 ARTICLE 23 ON-CALL PAY ....................................................................................................... 18 ARTICLE 24 CALL OUT PAY ........................................................................................................ 19 ARTICLE 25 PROMOTIONAL PAY ............................................................................................... 19 ARTICLE 26 CERTIFICATION PAY ............................................................................................... 19 Certification Reimbursement........................................................................................................... 20 ARTICLE 27 SELF IMPROVEMENT INCENTIVES - BENEFIT ELIGIBILITY ..................... 20 Tuition Reimbursement ................................................................................................................... 21 Educational Incentive ...................................................................................................................... 21 ARTICLE 28 CHILD CARE .............................................................................................................. 22 ARTICLE 29 UNIFORMS AND PERSONAL SAFETY EQUIPMENT ...................................... 22 ARTICLE 30 UNIFORM ALLOWANCE ......................................................................................... 23 ARTICLE 31 PAY PERIOD .............................................................................................................. 23 ARTICLE 32 SALARY RATES AND STEP ADVANCEMENT ................................................ 23 ARTICLE 33 PERFORMANCE EVALUATION ............................................................................. 24 a. Standards of Performance ................................................................................................. 24 b. Employee Evaluation Reports .......................................................................................... 24 c. Time of Filing Evaluation Reports ................................................................................... 25 d. Purpose ............................................................................................................................. 25 e. Unsatisfactory Service ...................................................................................................... 25 f. Employee Review ............................................................................................................. 25 ARTICLE 34 GRIEVANCE PROCEDURE ...................................................................................... 26 A. Definitions ........................................................................................................................ 26 B. Informal Meeting .............................................................................................................. 26 C. Formal Level I: Department Head or Designee ................................................................ 26 D. Formal Level II: City Manager or Designee ..................................................................... 27 E. Formal Level III: Binding Arbitration .............................................................................. 27 F. General Provisions ............................................................................................................ 30 ARTICLE 35 LAYOFF PROCEDURE ............................................................................................. 31 A. Definition of Layoff .......................................................................................................... 31 B. Cause of Layoff ................................................................................................................ 31 C. Layoff Policy .................................................................................................................... 31 D. Notification ....................................................................................................................... 32 E. Order of Layoff ................................................................................................................. 32 F. Layoff Procedure .............................................................................................................. 32 G. Reinstatement Procedure .................................................................................................. 33 H. Established Qualifications Requirement ........................................................................... 34 I. Order of Layoff ................................................................................................................. 34 J. Reinstatement ................................................................................................................... 35 ARTICLE 36 UNION ACCESS TO NEW HIRE ORIENTATION & INFORMATION .............. 35 A. Dues Deduction ................................................................................................................ 35 B. Hold Harmless Clause ...................................................................................................... 36 C. New Employee Orientation & Information ...................................................................... 36 ARTICLE 37 EMPLOYEE REPRESENTATIVES ........................................................................... 36 ARTICLE 38 BULLETIN BOARD ................................................................................................... 37 ARTICLE 39 WORK DISRUPTION ................................................................................................. 37 ARTICLE 40 CITY PERSONNEL RULES .................................................................................. 37 ARTICLE 41 CITY AUTHORITY .................................................................................................... 37 ARTICLE 42 NON-DISCRIMINATION ....................................................................................... 37 ARTICLE 43 STATE CONCILIATION SERVICE ...................................................................... 38 ARTICLE 44 FULL UNDERSTANDING, MODIFICATION AND WAIVER ........................... 38 ARTICLE 45 EMERGENCY WAIVER PROVISION ..................................................................... 38 ARTICLE 46 SAVINGS CLAUSE ................................................................................................ 38 ARTICLE 47 RIALTO FITNESS CENTER ..................................................................................... 39 ARTICLE 48 RELEASE TIME FOR ASSOCIATION OFFICERS ............................................. 39 ARTICLE 49 MAINTENANCE OF EXISTING BENEFITS ........................................................... 39 ARTICLE 50 UNIT DEFINITION .................................................................................................... 39 ARTICLE 51 LONGEVITY PAY...................................................................................................... 40 ARTICLE 52 SCHEDULING NOTICE............................................................................................ 40 ARTICLE 53 RE-OPENERS ............................................................................................................... 40 FOR THE CITY: ................................................................................................................................ 41 FOR THE ASSOCIATION: ............................................................................................................... 41
RCEA MOU July 1, 2023 – June 30, 2025
7 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF RIALTO
AND
THE CITY OF RIALTO CITY EMPLOYEES’ ASSOCIATION
The following provisions constitute the agreements reached by the City of Rialto (City) and the City of Rialto City Employees’ Association ( Association) during recent negotiations. Provisions contained in prior Memoranda of Understanding for general employ ees not set forth or modified below will remain in full force and effect.
This Memorandum of Understanding sets forth wa ges, hours, and other terms and conditions of employment resulting from past and present engaging of the meet and confer process by the parties.
The wages, hours, and other terms and conditions of employment of Asso ciation members are set forth in this MOU and in any other written City document which do not conflict with this MOU. In those cases where there is a conflict, the provisions of this MOU shall prevail.
The City and Association have agreed to the following modifications in the current Memorandum of Understanding:
PREAMBLE
This Memorandum of Understanding ( MOU or Agreement) is entered into with reference to the following facts:
A. The City of Rialto City Employees’ Association is the recognized employee organization for all general personnel empl oyed by the City of Rialto for th e classifications designated in Article 50 (Bargaining Unit or Unit Definition).
B. In the interest of maintaining harmonious re lations between the City and its employees, authorized representatives of the City and Association have met and conferred in good faith exchanging various proposals concerning wages, hours, and other terms and conditions of employment of affected employees; and
C. The authorized representatives of the City and the Association have reached agreement as to certain changes in wages, hours, and other terms and conditions of employment of the affected employees that shall be submitted to the City Council of the Ci ty for adoption and implementation of its terms a nd conditions by appropriate ordi nance, resolution, or other lawful action.
Therefore, the City and the Association agree th at, subject to adoption and implementation by the City Council of the City, the wage s, hours, and other terms and c onditions of employment for the affected employees shall be as follows:
ARTICLE 1 TERM OF AGREEMENT
The term of this agreement shall be from July 1, 2023, to June 30, 2025
RCEA MOU July 1, 2023 – June 30, 2025
8 ARTICLE 2 WAGES
A. Classification and Compensation: The City of Rialto Classification and Compensation Plan authorized by the City Council will be the guiding document for citywide budgeted positions and salary ranges.
B. Cost of Living Adjustment: City agrees to increase base salaries of classifications covered by this MOU in the amount of 6% effective July 1, 2023, to be implemented by the second pay period following City Council appr oval of this MOU, which is to be reflected in the Classification and Compensation Salary Table. Retro increases will be given only to those unit members on City payroll as of the date of City Council ratification of this agreement.
C. Cost of Living Adjustment: The City agrees to increase base salaries of classifications covered by this MOU in the amount of 5% effective the first pay period including July 1, 2024.
Adjustment changes will be reflected in the Classification and Compensation Salary Table.
D. Moving forward, the unit agrees to utilize the National CPI Index to serve as the foundation for any cost of living language changes the unit may request.
ARTICLE 3 BILINGUAL PAY
The City shall pay one hundred dollars ($100) per pay period in those cases where the bargaining unit employee has successfully passed the City-mandated conversational Spanish examination and is certified bilingual, as set forth below.
Upon ratification of this agreement for the July 1, 2023- June 30, 2025, term unit employees who are currently receiving bilingual pay will be tested again. Should employees not pass this bilingual test, they will have the o pportunity to retest 1 more time within 6 months of the first test (but no sooner than 30 days after the fa iled exam). Bilingual pay will cease upon failure of the test and will be reinstated should the employee pass a se cond time. This only applies to those employees currently receiving the bilingual pay.
Under this Article, it is recognized by the parties that bilingual capability benefits the City and its residents to varying degrees, depending upon the classification held by the bilingual employee.
Therefore, the Human Resources/Risk Management Director, or designee, shall be granted sole discretion to certify those bilingual applicants who occupy a classification where his/her bilingual capabilities can be reasonably expected to provid e a contribution to the general welfare of the community. The decision of the Human Resources/Risk Management Director, or designee, shall not be subject to any administrative or civil appeal and shall not be deemed to have punitive impact upon any classified employee.
ARTICLE 4 RETIREMENT
EMPLOYEES HIRED BEFORE JULY 1, 2013
The City contracts with the State of California Public Employees’ Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options:
1. 2.7% @ 55 Retirement Formula (Government Code §21354.5) RCEA MOU July 1, 2023 – June 30, 2025
9 2. Single Highest Year Final Compensation (Government Code §20042)
3. Post Retirement Survivor Allowance (Government Code §21635)
4. 1959 Survivor Benefit Level 4 (Government Code §21574). The City shall contribute $1.45 towards the employee’s monthly cost for this benefit.
5. Pre-Retirement Death Benefits to Continue After Remarriage of Survivor (Government Code §21551)
6. $500/ $2000 Retired Death Benefit (Government Code §21620
7. Additional Service Credit – 2 Years Local Member (Government Code §20903)
8. Improved Non-Industrial Disability Allowance (Government Code §21427)
9. Military Service Credit as Public Service (Government Code §21024). The employee is responsible for paying this benefit.
10. Post-Retirement Survivor Allowance (Government Code §21624)
11. Unused Sick Leave Credit (Government Code §20965)
12. 2% Annual Cost-of-Living Allowance Increase (Government Code §21329)
13. Prior Service Credit (Government Code §20055)
14. Special Compensation shall be reported to CalPERS in accordance with applicable law.
15. Employee agrees to pay 8% member contribution to CalPERS via payroll deductions through cost sharing arrangement as follows:
16. Employees will pay 6.75% of PERSable compensation for member contribution to CalPERS.
17. Employees will pay 1.25% of PERSable comp ensation via payroll deduction towards the City’s Employer Contribution to CalPERS.
EMPLOYEES HIRED AFTER JULY 1, 2013
The City contracts with the Stat e of California Public Employees’ Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options:
1. 2% @ 62 Retirement Formula (Government Code §7522.20)
2. 3-Year Final Compensation (Government Code §20037)
3. Post Retirement Survivor Allowance (Government Code §21624)
4. Post Retirement Survivor Allowance to Continue After Remarriage (Government Code §21635)
5. Pre-Retirement Death Benefits to Continue After Remarriage (Government Code §21551)
6. 1959 Survivor Benefit Level 4 (Government Code §21574). The City shall contribute $1.45 towards the employee’s monthly cost for this benefit.
7. $500/ $2000 Retired Death Benefit (Government Code §21620)
8. 2% Annual Cost of Living Allowance Increase (Government Code §21329) RCEA MOU July 1, 2023 – June 30, 2025
10 9. Additional Service Credit – 2 Years Local Member (Government Code §20903)
10. Improved Non-Industrial Disability Allowance (Government Code §21427)
11. Military Service Credit as Public Service (Gov ernment Code §21024) The employee is responsible for paying this benefit.
12. Prior Service Credit (Government Code §20055)
13. Unused Sick Leave Credit (Government Code §20965)
14. Special Compensation shall be reported to CalPERS in accordance with applicable law.
15. Employee will pay 8% of their salary towards PERS costs.
ARTICLE 5 DEFERRED COMPENSATION
The City shall sponsor a deferred compensation pl an which shall be available to employees on a voluntary basis.
All employees will have access to contribute through payroll deduction to the Deferred Compensation Plan, subject to City Council modifications of the plan as authorized by federal and state laws.
In addition, the City shall contribute the fo llowing amounts towards an employee’s deferred compensation plan, based on an employee’s length of service with the City:
Years of City Service City’s Contribution Amount
5 years through 9 years $300/month
10 years or more $600/month
ARTICLE 6 CAFETERIA BENEFIT PLAN
Employees in the Bargaining Unit shall be provided with a Cafeteria Plan that will be administered by the City pursuant to Section 125 of the Internal Revenue Code.
A. Employees Hired Before September 25, 2018
1. Employees have the choice of applying Cafeteria Plan dollars of $1,550 to purchase medical, vision, and/or dental benefits provided through City plans for themselves and any dependents.
Any amount not used to purchase such benefits shall be taken by the employee in taxable income or in deferred compen sation. The employee may also choose to opt out of the Cafeteria Plan as outlined in Section A(3).
2. The City will contribute the minimum empl oyer contribution required pursuant to Government Code §22892(b) (“minimum contribution”) per month per employee for health insurance. The City shall pay up to a maximum of $1,550 per month inclusive of the minimum contribution towards the employee’s contributions for Medical, Vision, and Dental insurance premiums. If the premium cost of the health plans (medical, dental, and/or vision) exceeds the City’s contribution of $1,550, the City will pay an additional benefit contribution amount of $250 per month towards the cost of the health plans. This additional contribution RCEA MOU July 1, 2023 – June 30, 2025
11 is solely for the use of additional payment towards the health premiums, and any unused portion of this $250/mo. benefit will not be paid to the employee as taxable income, nor will it be placed into an employee’s deferred compensation account. If the premium cost of the health plans exceeds both the City’s contribution and the additional benefit contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City.
3. The opt out provision will allow employees to receive a dollar amount that is not utilized to purchase any of the medical benefits through the City, which said dollar amount is up to one thousand one hundred dollars ($1,100) for each employee. Documentation is required to verify that the employee is receiving group in surance through his or her spouse’s (‘Spouse’ includes registered domestic partners throughout this MOU so long as required by California law) plan or group insurance thr ough his or her parent as an eligible dependent before the employee may opt out. Employees may use some of the amount for benefits, with any unused amount of the City’s contribution to the Cafeteria Plan as taxable income or have said amount placed into a deferred compensation plan . An employee can still purchase dental and/or vision and receive the opt-out monies.
B. Employees Hired On or After September 25, 2018
1. Employees have the choice of applying Cafeteria Plan dollars of $1,550 to purchase medical, vision, and/or dental benefits provided through City plans for themselves and any dependents.
Any amounts not used shall not be taken by the employee as taxa ble income or in deferred compensation.
2. The City will contribute the minimum empl oyer contribution required pursuant to Government Code §22892(b) (“minimum contribution”) per month per employee for health insurance. The City shall pay up to a maximum of $1,550 per month inclusive of the minimum contribution towards the employee’s contributions for Medical, Vision, and Dental insurance premiums. If the premium cost of the health plans (medical, dental, and/or vision) exceeds the City’s contribution of $1,550, the City will pay an additional benefit contribution amount of $250 per month towards the cost of the health plans. This additional contribution is solely for the use of additional payment towards the health premiums, and any unused portion of this $250/mo. benefit will not be paid to the employee as taxable income, nor will it be placed into an employee’s deferred compensation account. If the premium cost of the health plans exceeds both the City’s contribution and the additional benefit contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City.
3. Those employees that do not utilize the Cafeteria Plan allowance for medical insurance, there shall be no cash back to the employee. These “n ew hire” employees shall also be limited to a one hundred dollars ($100) twice a month (24 times per year) “opt-out” allowance for not using the City medical insurance. Employees not exhausting the al lowance for medical insurance premiums will not receive a cash back difference.
RCEA MOU July 1, 2023 – June 30, 2025
12 ARTICLE 7 RETIRED EMPLOYEES’ HEALTH INSURANCE
Retirees are not eligible for the full Cafeteria Plan amount. Retirees, however, shall retain all current CalPERS health benefits.
The City shall contribute to the retired employees PERS Health pl an according to the following schedule:
Retiree Only $279.25/month
Retiree + 1 $558.49/month
Retiree +2 or more $726.04/month
The City’s contribution amounts above for retirees, and the City’s contribution amounts provided in Article 6 for employees, include the Public Empl oyees’ Medical and Hospital Care Act statutory minimum insurance amount required under Gove rnment Code Section 22892(B)(2) (which is currently $125 per month as of 2016) for each retiree and employee enrolled in CalPERS.
The City shall not reimburse Medicare premiums for employees or retirees.
Retirees and dependents must meet the definition of “annuitants” as defined by PERS.
Eligible retirees who move out of state will have the option of continuing enrollment in a City plan that serves their new service area. If none of the City’s plans are available in the service area, the retiree is responsible for enrolling in a health insurance plan. The retiree will be responsible for making payments directly to the insurance company and submitting receipts for reimbursement on a monthly basis to the City. The City will limit the reimbursement amount to the rate paid by the City in accordable with the above scale. Retirees must show proof of insurance and payment. (Monthly reimbursements will be processed as long as it is allowable by CalPERS).
ARTICLE 8 [RESERVED]
ARTICLE 9 [RESERVED]
ARTICLE 10 INCOME PROTECTION INSURANCE
The City shall contribute one hundred percen t (100%) of the premiu m annually for income protection insurance for general employees.
ARTICLE 11 LIFE INSURANCE
The City will pay the cost of employee and dependent life insurance coverage at the following levels:
EMPLOYEE $75,000
SPOUSE $10,000
REGISTERED DOMESTIC PARTNER $10,000
(So long as required by California Law)
CHILDREN $5,000
*Any coverage over $50,000 is taxable to unit employees.
RCEA MOU July 1, 2023 – June 30, 2025
13 ARTICLE 12 BENEFIT CONTINUATION
For employees who are on an approved medical leave, the City will continue the benefits of Article 6 for 90 days after an employee has used all available paid leave with the understanding that, upon the employee’s return to work, a repayment plan w ill be established for all amounts advanced by the City. If the employee does not retu rn to work after 90 days, partia l repayment will be taken from employee’s final check and the balance will be billed by Accounts Receivable. To be eligible for this provision, the employee must have completed his/her initial probationary period. This is applicable to medical leave for employee only and cannot be used for immediate family illness.
Notwithstanding the fore going, for an employee on medical l eave under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL), the City shall maintain and pay for an employee’s coverage under a group health plan on the same terms and conditions as coverage would be provided if the employee were not on leave, to the extent required by statutory law.
ARTICLE 13 SOCIAL SECURITY
In the event the City and its employees are required to participate in the Federal Social Security Program, the parties agree to immediately open the meet and confer process as to any and all matters within the scope of representation. In the event the City and its employees are required to
ARTICLE 14 MEDICARE
Employees hired by the City on or after April 1, 1986, shall be re quired to pay the designated employee contribution to participate in the Medicare Program.
In the event the City and its employees are required to participate in the Federal Medicare Program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or “pick up” any portion thereof unless otherwise mutually agreed to by the parties.
ARTICLE 15 4/10 WORK SCHEDULE AND ALTERNATE WORK SCHEDULES
A. The normal work week shall cons ist of 40 hours. The City of Rialto agrees to implement a 4/10 work schedule, with core operating hou rs of Monday – Thursday, from 7:00am to 6:00pm, for all unit employees covered in this bargaining group, except as outlined in Section A(1) and (2) below:
1. Employees assigned to the Parks, Recreation, and Community Services Department:
Those unit employees who are assigned to the Parks, Recreation, and Community Services Department will be provided with a schedule that is based upon department operation needs.
2. Employees in the position of Building Inspector and Community Compliance Officer will be provided with a schedule that is based on department operation needs.
RCEA MOU July 1, 2023 – June 30, 2025
14 ARTICLE 16 STATE DISABILITY INSURANCE
The City shall not be liable to the Association, employees, or any other pe rsons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason or action taken or not taken by the City under this Article.
ARTICLE 17 SICK LEAVE
Sick Leave Use
Earned and accumulated sick leave may be utilized by the affected employee in those circumstances where the employee is incapacitated from performing the essential duties of his or her position.
Additionally, sick leave may be utilized by an affected employee to care for a seriously ill member of the immediate family. Except as otherwise provided for in this Article, immediate family is defined as grandparents, wife, husband, father, mother, brother, sister, children or stepchildren, grandchildren, brother-in-law, siste r-in-law, son- in-law, daughter-in- law, or parents-in-law of the employee. Such sick leave usage shall not exceed a total of six (6) cumulative working days (60 hours) in any fiscal year.
An employee can take paid leave for employee’s own or a family member for the diagnosis, care or treatment of an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking. “Family member” means (1) a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. (2) a biological, adoptive, or foster parent, stepparent. (3) a spouse. (4) a registered domestic partner. (5) a grandparent. (6) a grandchild. (7) a sibling.
Unless otherwise prohibited by law, the employee shall exhaust accrued sick and vacation leave concurrent with FMLA/CFRA leave, when on leave for the employee’s own serious health condition or to care for a parent, spouse, registered domestic partner (wherever spouse, wife or husband is used in this MOU it shall include registered domestic partner as required by California law) or child with a serious health condition.
Note: For all accruals, usages, on-call pay, etc., whenever a day is referenced, a day shall be defined as ten (10) hours.
Sick Leave Accumulation
Sick leave is accumulated at the biweekly rate of 4.62 hours equivalent to one hundred twenty (120) hours per year. Time is charged against the employee’s sick leave account on an hour-for-hour basis to the nearest quarter hour. There is no maximum accrual balance on this benefit.
Sick Leave Cash Out
See vacation leave cash-out.
RCEA MOU July 1, 2023 – June 30, 2025
15 Pay on Termination
Employees who terminate shall be paid at their current hourly rate for their accumulated and unused sick leave as follows:
Years of City Service Percentage to Be Paid
5 years through 9 years 35%
10 years through 14 years 55%
15 years through 19 years 65%
20 years or more 100%
Employees who are terminated for cause shall not be eligible for any benefits under this provision.
Workers’ Compensation Insurance and Sick Leave
General employees may use accumulated but unused sick leave while on an absence due to an industrial injury in addition to any workers’ compensation payment; the combination of the two shall not exceed one hundred percent (100%) of the employee’s normal pay.
Sick Leave Conversion
Employees may convert up to forty (40) hours of accrued sick leave per fiscal year to floating holiday time. Upon conversion, employees mu st follow the same approval pr ocess for the tim e off as is applicable to floating holidays.
Medical Certification
Where an employee’s record of sick leave usage reasonably leads the Department Head to believe that the employee is using sick leave for purposes other than those authorized herein, or abusing sick leave, i.e. pattern or frequency of absences, the employee shall be counseled regarding the proper use of the sick leave benefit and referred to the City’s employee assistance program as appropriate.
If the employee’s use of sick leave fails to improve, the Department Head may require the employee to provide medical verification/documentation of illness based upon actual diagnosis of measurable or observable indications of illness which incapacitate the employee from performing his/her job. The Human Resources/Risk Management Director, or designee shall have the final review and determine if a medical release is required of the employee.
Said requirements shall continue until such time as the employee’s record of sick leave usage demonstrates the appropriate use of sick leave.
Failure by the employee to provide required verification/documentation may result in denial of sick leave and constitute cause for disciplinary action.
ARTICLE 18 BEREAVEMENT LEAVE
Any eligible employee is entitled to take up to 5 days of ber eavement leave upon the death of a covered family member. The City will provide paid leave for up to 40 hours; the remaining hours of leave can be taken with the use of an employee’s leave bank or on an unpaid leave. Employees are RCEA MOU July 1, 2023 – June 30, 2025
16 eligible for bereavement leave if they have been employed with the City for at least 30 days before the leave commences. Bereavement leave may be comp leted within 3 months of the date of death, and it need not be taken consecutively. Under AB 1949, bereavement leave is a protected leave, and the City will not deny the employee the use of su ch leave. The City may require an employee to provide documentation of the death of a fami ly member within 30 days of such leave.
Documentation includes, but is not limited to, a death ce rtificate, a published obituary, or written verification of death, burial, or memorial services. Such leav e shall not be deducted from the employee’s sick leave. Such leave must be ap proved in advance and will be granted only in accordance with existing policies and practices.
For purposes of this article, “immediate family” is defined as wife, hus band, domestic partner (so long as required as required by California law), (ste p-) mother, (step-) father, (step-) grandparents, (step-) brother, (step-) sister, (step-) children, (step-) grandchildren, (step-) brother-in-law, (step-) sister-in-law, (step-) son-in-law, (step-) daughter-in-law, or (step-) parents-in-law of the employee.
ARTICLE 19 VACATION ACCRUAL ACCOUNTING
1. Generally
No employee shall be granted vacation time he/she has not earned.
2. Vacation Leave Maximum
All employees may accrue a maximum of five hundred (500) vacation hours. No hours in excess of 500 will be accrued or paid to the employee. Employees who are denied vacation requests due to City staffing needs such that they reach the ceiling shall request to be cashed out up to twenty (20) hours so that they do not lose potential future accrual.
3. Vacation Leave Accrual
Vacation leave will be earned at the following rate for all regularly scheduled hours actually worked, for City-declared holidays as specified in Article 20 of the MOU, vacation, CTO, paid military leave, paid jury duty, sick leave and bereavement leave.
Years of City Service Hours Earned
0 to 1 year Prorated Accrual - 80 hours upon completion of 365 days / 2080 regular worked hours.
1 to 4 years 6.00 Hours / pay period
5 to 10 years 7.50 Hours / pay period
11 to 16 years 9.5 Hours / pay period
17 + years 10.5 Hours / pay period
4. Optional Annual Vacation/Sick Leave Cash Out
In December of each year, employees may irrevocably elect to cash-out up to combined total of 160 hours of vacation and/or sick time to be accrued in the following calendar year that are both accrued and unused at the time of the cash out.
RCEA MOU July 1, 2023 – June 30, 2025
17 The payments are made via payroll upon receipt and processing of the request.
In order to cash out, the employee must submit an irrevocable election form, no later than December 1 of the preceding calendar year specifying the am ount of hour of each ki nd of leave requested to cash out, and specifying how much shall occur in each of the 2 annual distributions. The cash-out is only for hours to be accrued in the calendar year following submission of the irrevocable election form. Regardless of the number of leave hours el ected, only those hours that were accrued in the calendar year after the irrevocable election that remain unused at the time of the distribution shall be cashed out.
The two annual distributions shall be June 1
st and December 1st of each calendar year.
Employees who do not submit an irrevocable elec tion form by December 1 will be deemed as foregoing participation in the opt ional annual leave cash-out program for that following calendar year.
Cash-outs shall not deplete the em ployee’s vacation below 80 hours. The cash-out shall be at the employee’s current base salary rate, not the FLSA regular rate of pay, but shall include salary and special compensation, yet, exclude overtime and cafeteria payments, at the time of cash-out.
ARTICLE 20 HOLIDAYS
A. The following is the schedule of holidays granted to employees:
New Year’s Day Veterans Day
Martin Luther King Day Thanksgiving Day
Presidents’ Day Friday after Thanksgiving
Cesar Chavez Day Christmas Eve
Memorial Day Christmas Day
Independence Day Three (3) Floating Holidays (see below) Labor Day Juneteenth
B. Holidays that fall on a Friday or Saturday will be observed on the proceeding Thursday; holidays that fall on a Sunday will be observed the following Monday.
C. The floating holidays, at ten (10) hours each, will accrue on July 1 of each year. If an employee has not completed six months of employment on July 1, the floating holiday hours will be credited following completion of six months of employment. Floating holiday hours may be used in fifteen (15) minute increments. Floa ting holiday hours may accumulate but must be used or forfeited prior to termination; no pay off at termination.
D. Holiday Closure. During the week of Christmas Eve through New Year’s Day, the City offices will be closed. Employees may utilize accrued vacation or compensatory time off in addition to the holidays, in order to receive full pay for the week.
Alternatively, during the Holid ay Closure, an employee ma y choose to perform special projects or other additional duties for the City. Any special projects or additional duties during the Holiday Closure shall first be approved by City Manager based upon Department Head recommendation prior to performing the special projects or additional duties. The employee RCEA MOU July 1, 2023 – June 30, 2025
18 shall not be entitled to, and the City Manager shall not approve, any special projects or other additional duties that will result in the paym ent of overtime compen sation to the employee during the Holiday Closure. In no event shall the special projects or additional duties result in any additional acting pay, on-call pay, call out pay, or promotional pa y that the employee would not otherwise be entitled to receive during the Holiday Closure.
ARTICLE 21 OVERTIME COMPENSATION
A. In lieu of receiving paid overtime, an employee may elec t to receive compensatory time. A maximum of one hundred twenty (120) hour s (80 hours x time and one-half) may be accumulated. Once the 120-hour maximum accrual has been attained, any overtime worked above and beyond that shall be paid ove rtime, as long as the employee has 120 hours of compensatory time on the books. Upon the employee electing to accumulate overtime in terms of compensatory time off, the employee shall no t have the option of cashing out said time unless or until the employee separates from City service.
B. Overtime shall be paid to employees in acco rdance with the Federal Fair Labor Standards Act (FLSA). Overtime pay shall be paid for hour s worked (except as set forth below) by an employee in excess of forty (40) hours in a workweek.
For purposes of calculating entitlement to overt ime, the total hours worked in a workweek shall include up to twenty (20) total hours of an y combination of sick leave, vacation leave, and City-paid holidays, but shall not include any paid leaves of absence, workers’ compensation leave, military leave, bereavement leave, or jury duty leave time.
ARTICLE 22 ACTING PAY
A. The acting pay rule shall apply only to vacant, higher budgeted positions after eighty (80) continuous working hours as determined by the department head. After an employee works in a higher position for 80 consecutive hours, he/she will be compensated at the current range of the acting classification. Such increase must be at least five percen t (5%) above their current pay.
B. Acting pay is where an employee is directed to, and does perform, or is held accountable for, substantially all of the responsibilities of a higher-graded classification.
C. An eligible employee who ha s the present ability to perform the duties of a higher classification typically incudes all employees in the class or classes of positions directly below the acting title.
D. “Vacant position” is defined as any position whic h is vacant due to termination, dismissal, incumbent on sick leave or vacation beyond 80 consecutive working hours, or a newly created position which is not filled.
ARTICLE 23 ON-CALL PAY
Any employee designated by a depa rtment head to be on-call of f duty shall receive on-call pay.
Employees shall be compensated two (2) hours at ti me and one-half per day when designated to be RCEA MOU July 1, 2023 – June 30, 2025
19 on-call during off duty hours.
In addition, the supervisor sha ll be the first person contacted by the City’s answering service or public safety departments. In the event, the City’s answering service or another department contacts the employee on call duty because of an inability to reach a supervisor, the employee on call duty shall receive two hours call out pay if travel to the work site is required.
Note: For all accruals, usages, on call pay, etc., whenever a day is referenced, a day shall be defined as ten (10) hours.
ARTICLE 24 CALL OUT PAY
Employees shall receive a minimum of two (2) hours call out pay if called out by the department head or the designee. A “call out” exists when the employee is required to commence traveling to the designated work site, only so l ong as the “call out” commences after conclusion of the employee’s regularly scheduled work shift and greater th an two (2) hours prior to commencement of the employee’s regularly schedule work shift.
ARTICLE 25 PROMOTIONAL PAY
Upon promotion, employees will receive a minimum in crease of five percent (5%) in base salary; however, the pay increase shall not exceed the final step designated in the Wage and Salary Plan for the classification pursuant to th e City’s Personnel Rules. There shall be no merit increase for six months (upon completion of probation following the promotion.
ARTICLE 26 CERTIFICATION PAY
City and the Association mutually agree to provi de a five percent (5%) equity adjustment to employees who have completed the coursework and attained any certification listed below shall be eligible for certification pay equal to five percent (5%) of his or her current base salary. Certification pay shall be available on a one-time basis only, regardless of how many certificates an employee attains (meaning, regardless of number of certificates – empl oyee may only receive one 5% certification payment and will not stack certifications for multiple payments). This provision is not applicable to any certification an employee is alre ady required to attain as part of his or her classification. Certification pay will only be awarded if the certificate is related to the employee’s current position. These certifications are not PERSable.
American Institute of Certified Planners (AICP) Building Inspector (ICC) Building Plan Examiner
Cal OES, Safety Assessment Program
Cal State Fire Marshal’s Fire Protection Sp. Cal State Fire Marshal’s Plans Examiner Cal State Fire Marshal’s Public Ed., Officer I
California Worker’s Compensation Claims Prof essional (WCCP) Certificate in Geographic Information Systems
Certification in Human Resources Management (IPMA-HR / IPMA-CP or SHRM [PHR/SPHR]) Certification Recreation Leadership
Certificate in Urban Planning / Professional Certificate in Community and Regional Planning Certified Building Official
RCEA MOU July 1, 2023 – June 30, 2025
20 Certified California Municipal Treasurer Program (CCMT) Certified Code Official Certified Economic Developer (CEcD) – International Economic Development Council Certified Government Auditing Professional (C GAP) Certified Government Financial Manager (CGFM) Certified Internal Auditor (CIA)
Certified Managerial Accountant (CMA) Certified Professional P ublic Buyer (CPPB) Certified Public Accountant (CPA)
Certified Public Finance Administrator (CPFA) Certified Public Finance Officer (CPFO) Certified Public Procurement Officer (CPPO)
CPRS/NRPA – Pacific Southwest Ma intenance Management Certific ates (completion of 4-year curriculum)
Economic Development Finance Professional Certification – National Development Council Environmental Certifications
Household Hazardous Water Certification
PE in Civil Engineering – Register Civil Engineer (RCE) License Professional Community and Economic Developer – Community Development Council Professional Land Surveyor License (PLS)
Project Management Cert ificate (PMP or CAPM)
Traffic Engineer License (TE)
Universal Waste Certification
This certificate incentive will be applied follo wing HR/RM Dept or CM proof-certification verification. The burden of proof is on the employee. The effective da te shall be the first full pay period following submittal* of proof to HR/RM or CM. Future programs/certs not listed may be reviewed by Human Resources Dept for consideration and final approval by the HR Director or CM, whose decision is final and not subject to grievance.
*submittal does not include at time of application
Certification Reimbursement
A. Up to two thousand five hundred dollars ($2,500) per fiscal year for cost of certification as follows ($2,500 maximum includes any reimbursement for tuition and certifications):
a. Proof of completion must be submitted to the Human Resources/Risk Management Department.
b. Certificates must materially enhance the eligible employee’s ability to perform their existing job duties.
c. Attending of certification courses must be on employee’s own time and is to be approved by employee’s Department Head.
ARTICLE 27 SELF IMPROVEMENT INCENTIVES - BENEFIT ELIGIBILITY
The City and Association recogni ze the importance and desirability of creating self-improvement incentives to motivate employees to upgrade their skills and develop their careers, resulting in mutual benefits to the employee and City. It is agreed by the parties that these objectives can best be met through special training and continuing higher e ducation. To this end, Educational and Tuition Reimbursement incentives are established. Employees are eligible to receive either the Educational Incentive or Tuition Reimbursement pay as provided in this article but shall not be eligible to receive RCEA MOU July 1, 2023 – June 30, 2025
21 both at the same time. Employees will have the opportunity to sele ct between these two choices as their educational goals are being achieved.
Employees will not be able to ch ange between these choices for a twelve (12) month period. An employee who selects to us e Tuition Reimbursement will be una ble to change to the Educational Incentive until a twelve (12) month period has elap sed. The twelve (12) month period for Tuition Reimbursement starts the first day an employee attends school after requesting the incentive.
Tuition Reimbursement
A. Up to two thousand five hundred dollars ($2,500) per fiscal year of e xpenses for tuition is available as follows:
1. Tuition reimbursement for a grade “C” or better, up to a maximum of $2,500 shall be reimbursable in any year for certain college level classroom courses taken.
2. Pass-Fail classroom courses will be treated as having received a grade of “C” if a mark of “Pass” is achieved.
B. Classroom courses must be take n through an accredited college or univer sity and must be job- or degree goal-related a nd must have the prior approva l of department head. The department head’s determination as to job -relatedness is not subject to administrative challenge.
C. Reimbursement shall be payable only after successful completion of the course(s).
D. The purpose of this Article is to provide assistance to those seeking job-related, college level education. Those classes that ar e specifically related to or are in prep aration for another profession are barred from consideration for re imbursement. It is the responsibility of the employee to demonstrate the job -relatedness of any class where there is a concern as to the purpose of taking the class. No reimbursement consideration will be given for credit given by an institution solely for life experience. Home study, television, or mail order courses do not qualify for reimbursement under this Article.
Educational Incentive
A. ASSOCIATE’S DEGREE: An employee who has completed the probationary period and has attained an Associate’s degree from an accredited college sha ll receive an a dditional three percent (3%) of his/her regular base salary.
B. BACHELOR’S DEGREE: An employee who has completed the probationary period and has attained a Bachelor’s degree from an accredited college shall receive an additional five percent (5%) of his/her regular base salary.
C. MASTER’S DEGREE: An employee who has co mpleted the probationary period and has attained a Master’s degree from an accredited college shall receive an additional seven and one-half percent (7.5%) of his/her regular base salary.
The purpose of this Article is to reward employees for their achievement of degrees in higher education. Degrees attained strictly based on life experience, home study, or from non-accredited RCEA MOU July 1, 2023 – June 30, 2025
22 institutions shall not be eligible for this incentive. Educational incentive will be applied following the Human Resources/Risk Management Department receipt of proof of degree. The burden of proof is on the employee. The effective date of payment shall be the first full pay period following submittal of proof to the Human Resources/Risk Manageme nt Department. At no time will there be any retroactive payment due to the employee even if they had degree prior to submission of proof. These educational incentives only apply if the employee has a degree higher than required for their current classification. The educational incentives are not cumulative – awarded at the rate for the highest- level degree attained and not individually.
ARTICLE 28 CHILD CARE
The City shall provide a ten percent (10%) subsidy to those employees utilizing its childcare facilities. The City reserves the sole and exclusive right to assign a location at any of its childcare facilities. Such decision shall be final and binding.
ARTICLE 29 UNIFORMS AND PERSONAL SAFETY EQUIPMENT
A. For employees required to wear uniforms, the City shall continue to provide nine (9) shirts and nine (9) pants. The City shall continue cu rrent practice with respect to cleaning of such uniforms.
B. The City shall continue its practice with resp ect to paying for the te mpering of prescription glasses, the employee to continue to pay for any such glasses and prescription.
C. For employees required to wear safety boots, said boots shall have steel reinforced toes and insteps and bear the official stamp of a pproval from the American National Standards
Institute (ANSI), z-41. Upon verification by the division superintendent or his/her designee that wear and tear requires replacement of a pair of safety boots or of a second backup pair of safety boots, safety boots will be replaced on an as-needed basis provided the employee turns in the worn pair of City-issued boots and sub mits purchase receipts fora cost not to exceed two hundred dollars ($200) per each pair an d proof of meeting ANSI, z-41 standards.
Employees shall be fitted on their own time and be responsible for ensuring proper fit, so that in the event of a necessary exchange, such action will be handled in a timely manner with the manufacturer and/or vendor. If there is a dispute between the employee and the division superintendent as to the need for boot replacement, the disp ute may be submitted by the employee to the Safety Committee. Such dispute shall be filed inwriting with copies to the Human Resources/Risk Management Director, or designee and th e department head within ten (10) calendar days of the division superintendent’s adverse decision. The decision of the Safety Committee is final and binding.
D. The City shall purchase cold weather jackets for employees designated as field personnel* with approval by Department Head.
E. For field personnel*, the City shall provide nine (9) t-shirts per year as part of their uniform.
The Supervisors and Managers in the Public Works Department and Community Services Department will determine the color and style as well as which employees constitute field personnel*.
RCEA MOU July 1, 2023 – June 30, 2025
23 *For purposes of this paragraph, the definition of “field personnel” includes the Facilities Maintenance Assistant in the Community Services Department but does not include the employee classifications listed under Article 29, Section A.
ARTICLE 30 UNIFORM ALLOWANCE
A. Employees in the following cl assifications shall receive one thousand, one hundred fifty dollars ($1,150) per y ear for uniform allowance, paid semiannually in arrears: Code Enforcement Officer, Emergency Medical Services Specialist, Fire Community Relations/ Education Specialist, Fire Inspector, Fire Preven tion Specialist, Senior Office Specialist at the Fire Department, and Animal Licensing Inspector.
B. Employees in the following classifications shall receive six hundred fifty dollars ($650) per year for uniform allowance, pa id semiannually in a rrears: Senior Construction Inspector, Construction Inspector, Building Inspector, Se nior Building Inspector and Lead Building Inspector.
C. When a Department Head determines there is a need for a position to wear a uniform, the parties agree that they will meet and confer on the amount of monetary allowance.
D. When a Department Head determines there is a need for a position to wear a City-issued Polo Shirt, the parties agree to meet and confer on the amount of Polo shirts to be issued.
ARTICLE 31 PAY PERIOD
A two-week period constitutes the City’s pay pe riod. However, the City’s pay period is not necessarily identical to the FLSA mandated “work period.”
ARTICLE 32 SALARY RATES AND STEP ADVANCEMENT
A. Employees shall be paid in accordance with the Wage and Salary Plan.
B. Each employee shall be assigned to an appropriate classification and salary step in the Wage and Salary Plan. Thereafter, advancement in sa id Plan shall be governed by the terms and provisions of this Agreement and applicable City resolutions.
The advancement through the salary steps is discretio nary based upon satisfactory performance and continuous service in the same classification. The salary step advancement at 6 months will be determined upon satisfac tory performance evaluation during this test period and shall not imply automatic passing of probation at the end of the 12-month probationary period. Any step advancement may be withheld or delayed by the appointing authority if an employee’s performance does not merit such advancement. An example of step advancements through the salary plan is as follows:
Step 1: Shall be for a period of six (6) months of continuous service within the step. At the completion of six (6) months within Step 1, an employee sha ll progress to Step 2, as provided in this Article.
RCEA MOU July 1, 2023 – June 30, 2025
24 Step 2: Shall be for a period of six (6) months of continuous service within the step. At the completion of six (6) months within Step 2, an employee shall progress to Step 3, as provided in this Article.
Step 3: Shall be for a period of twelve (12) mont hs of continuous service within the step.
At the completion of twelve (12) mont hs within Step 3, an employee shall progress to Step 4, as provided in this Article.
Step 4: Shall be for a period of twelve (12) months of continuous service within the step.
At the completion of twelve (12) mont hs within Step 4, an employee shall progress to Step 5, as provided in this Article.
Step 5: Shall be for a period of twelve (12) months of continuous service within the step.
At the completion of twelve (12) mont hs within Step 5, an employee shall progress to Step 6, as provided in this Article.
Step 6: Shall be for a period of twelve (12) mont hs of continuous service within the step.
At the completion of twelve (12) mont hs within Step 6, an employee shall progress to Step 7, as provided in this Article.
Step 7: Is the top (final) step in the Wage and Salary Plan.
C. All advancement in the classification plan to a next higher step upon completion of the minimum length of service required for advancement shall be on a step basis. However, the City reserves the right to extend the time an employee must remain within a step due to unsatisfactory performance, or due to extended or substantial periods of absence from service by the employee. Such advancement shall be granted for continuous and satisfactory service by the employee in the performance of duties, as set forth in the employee’s class, based upon the employee’s entire performance. The City sh all attempt to inform the employee prior to the evaluation, if the employee’s work is unsatisfactory, and the employee is in danger of not receiving an increase, based upon the evaluation.
D. For newly hired employees, the City reserves the right to determine at what step such newly hired employees shall be placed.
ARTICLE 33 PERFORMANCE EVALUATION
a. Standards of Performance
Performance evaluation standards shall be based upon the quantity and quality of work which the average person thoroughly tr ained and industriously engage d can turn out in a day and shall be in accordance with other existing standards.
b. Employee Evaluation Reports
The system of employee evaluation reports sh all permit as accurately and fairly as is reasonably possible the evaluati on by his/her supervisor a nd department head of each employee’s performance. Ratings shall be set forth in an employee evaluation report, a form which shall be provided by the Human Resource s/Risk Management Director, or designee.
RCEA MOU July 1, 2023 – June 30, 2025
25 The Human Resources/Risk Management Dir ector, or designee shall administer the evaluation system, may investigate all empl oyees’ evaluation reports, and may require reporting officials to justify their reports and make his/her own reports. Upon completion of an evaluation report, the responsible departme nt head shall discuss such report with that employee, shall counsel the em ployee regarding appa rent weaknesses or deficiencies or regarding recommended action to improve the employee’s pe rformance in his current job assignment or potential prom otability and shall record the employee’s reaction and comments. Issues contained in the performan ce evaluation that reflect substandard job performance by the employee will be issues that have been previously discussed with the employee by the supervisor. To allow the employee sufficient time to improve performance, it is expected that job performance concerns will generally be discussed with the employee at the earliest possible opportunity, but no later than sixteen (16) workdays after the time when the first come to the attention of the supervisor. The department head shall require the employee’s acknowledging signature and shall provide the employee a copy of the report. It is understood that the employee’s signature does not necessarily indicate agreement with the evaluation report content or ratings.
c. Time of Filing Evaluation Reports
Annually, on the employee’s anniversary date of employment or promotion, supervisors and department heads will complete the repor t of performance on each employee under their supervision. This form shall be provide d by the Human Resources/Risk Management Director, or designee. Reports will be made in triplicate; one copy is for the department head, the original will be filed in the employee’s pe rsonnel file in the Human Resources Office, and the triplicate given to the employee. Reports will not be filed for temporary employees.
d. Purpose
Employee evaluation reports shall be consid ered in determining salary increases and decreases, the advisability of transfers, demotions, and dismissals , and in promotional examinations.
e. Unsatisfactory Service
Records of unsatisfactory service may lead to reduction in class and compensation, and persons falling below the standards of effi ciency may be remove d from their positions substantially as in the case of removals for cause. Unsatisfactory service records shall be reported to the Human Resour ces/Risk Management Dir ector, or designee and the department head.
f. Employee Review
An employee shall have the ri ght to review his/her personnel file upon reasonable prior notice by the employee to the Human Resources Department. If a grievance has been filed on behalf of an employee or employees, an Association representative may review such employee’s personnel file provided the employee has gi ven the Human Resource s/Risk Management Director, or designee prior written approval for such Association representative to do so.
RCEA MOU July 1, 2023 – June 30, 2025
26 ARTICLE 34 GRIEVANCE PROCEDURE
A. Definitions
1. A “grievance” is a written allegation by an employee within the bargaining unit alleging that the employee has been adversely affected by a violation of specific written provisions of this MOU or of written rules, regulations or procedures affecting terms and conditions of employment. Grievances shall not be utilized to challenge the agency’s exercise of its authorities set forth in Articl e 40 AGENCY AUTHORITY of this MOU. Additionally, by virtue of entering into this MOU, the parties agree that no matters, whether labeled as grievances , “complaints,” or otherwise, may be appealed to any other administrative entity or body except as described herein.
Further, the grievance proce dure shall not be utilized to challenge or change the policies of the City whether they be written or otherwise. Additionally, performance evaluation reports and reprima nds, whether written or verb al, are not subject to the grievance procedure.
2. Unless otherwise stated, a “day” is a day in which the City Hall is open for business.
3. Representative(s) - A representative is a member of the unit, association representative(s), or legal counsel who shall represent any party in interest at his/her election.
4. Grievant - Any unit member.
B. Informal Meeting
Any unit member(s) alleging a grievance shall meet with his/her immediate supervisor with the objective of resolving the matter informally. The unit member(s) may have a representative present with him/her at this informal meeting. Request for such meeting shall occur within ten (10) days after the occurrence of the act or o mission giving rise to the grievance or ten (10) days after the grievant knew or reasonably should have known about the act or omission, whichever is later.
C. Formal Level I: Department Head or Designee
1. In the event the grievance is not resolved at the informal meeting, within ten (10) days of the informal meeting the grieva nt may submit the grievance as a formal written grievance to the department head or his/her designee. If the grievant has not submitted a written grievance within this time period, the grievance will be deemed to have been resolved.
2. Within ten (10) days after receipt of the written grievance by the department head, a personal conference with the other party shall take place upon the request of either the grievant or the department head. Within fifteen (15) days after receipt of the grievance or ten (10) days after the date of the Level I meeting, whichever is later, the department head or his/her designee shall render a written deci sion to the grievant and shall transmit a copy to the Association.
3. In those cases where a “grievance” regards a disciplinary proceeding which is both RCEA MOU July 1, 2023 – June 30, 2025
27 subject to the grievance procedure and wh ich constitutes a proposed deprivation of property giving rise to a pre-disciplinary pr oceeding in accord with Skelly vs. State Personnel Board, the subject employee sha ll commence his/her gr ievance at this Level I. The proceeding before the department head or designee shall constitute both an exhaustion of the Level I grievance a nd provision of any due process- mandated pre-deprivation proceeding.
D. Formal Level II: City Manager or Designee
1. If the grievant is not satisfied with the disposition of the grievance at Level I, or if no decision is rendered within the designated time period in Level I, the grievant may forward the written grievance to the City Manager or his/her designee within ten (10) days after the decision at Level I or twenty (20) days after the grievance was presented to the department head or designee, whichever is later.
2. Within ten (10) days after receipt of the written grieva nce by the City Manager, a personal conference with the grievant shall take place upon the request of the grievant or the City Manager. Within fifteen (15) days after receipt of the grievance or ten (10) days after the date of the Level II meeting, whichever is later, the City Manager or his/her designee shall render a written decision to the grievant and shall transmit a copy to the Association.
3. Copies of the City Manager’s decision shall be filed in the employee’s personnel file, unless the matter involved di scipline and the discipline was not upheld by the City Manager.
4. For all non-disciplinary procedures and grievances, the decision of the City Manager shall be final and binding.
E. Formal Level III: Binding Arbitration
Binding Arbitration shall be available for disciplinary actions only, but not including verbal or written reprimands.
1. If the grievant is not satisfied with the disposition of the grievance at Level II, or if no decision is rendered within the designate d time period, a grievant may forward a written grievance to the Human Resources/R isk Management Director, or designee, proposing that binding arbitration be undertaken.
2. Said written grievance request for conve ning of binding arbitration shall be considered timely only if received by the Human Resources/Risk Management Director, or designee no later than ten (1 0) days after service by the department head/designee of the Level II decision or twenty (20) days after the grievance was presented to the department head or design ee, whichever is later. Said request for arbitration shall set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim for an appeal. A general or specific denial of wrongdoing or claim of misconduct sh all not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a repres entative shall be insufficient.
RCEA MOU July 1, 2023 – June 30, 2025
28 3. Within ten (10) calendar days of receipt by the Human Resources/Risk Management Director, or designee of a timely grievan ce, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitrator. If said meeting either does not occur of if said meeting does not result in the selection of an arbitrator, then within fifteen (15) calendar days of receipt by the Human Resources/Risk Management Director, or designee of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City.
4. Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains.
Said individual shall be the arbitrator. De termination of which party shall make the initial strike shall be by lot.
5. Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Me diation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter.
6. The hearing shall commence on a date mutual ly agreeable to the parties and to the arbitrator, but in no case greater than one hundred twenty (120) calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties.
7. In those arbitration proceedings which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grieva nt. The ultimate issues in such cases shall be whether or not proof by a preponde rance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been vi olated, and if so, the nature of the appropriate remedy.
8. In those cases, regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows:
a. Does a preponderance of the evidence support a findi ng that misconduct did occur?
b. If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority?
i. If yes, the discipline shall be sustained.
ii. If no, the discipline shall be subject to modification.
9. All arbitration hearings shall be closed to the public unless the employee requests, in writing, no later than five (5) calendar days before the hearing, th at the hearing be open.
RCEA MOU July 1, 2023 – June 30, 2025
29 10. Subpoenas (no subpoenas duces tecum) shall be issued by the arbitrator at the request of either party. State civil rules governing the issuance and validity of subpoenas shall also govern the issuance and validity of subpoenas issued herein.
11. The hearing need not be conducted in acco rdance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existe nce of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions . The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions. Irrelevant and unduly repetitious evidence shall be excluded.
12. The hearing shall proceed in the following order:
a. The department imposing discipline sh all be permitted to make an opening statement.
b. The appealing party shall then be permitted to make an opening statement.
c. The department imposing di sciplinary action shall produce the evidence on its behalf.
d. The party appealing from such disciplinary action may then offer his/her defense and offer his/her evidence in support th ereof; the employee bears the burden of proof and the burden of producing evid ence for any affirmative defenses asserted.
e. The parties may then, in the above orde r, respectively offer rebutting evidence, unless the arbitrator for good cause, permits them to reopen and offer evidence in their case in chief.
f. Oral closing arguments shall be permitted. Written briefs may be permitted at the discretion of the arbitrator. The department shall have the right to open the oral closing arguments followed by the employee. The department shall then have the right to reply.
g. The order of presentation and burdens of proof shall be reversed in those cases where non-disciplinary grievances are heard.
13. The arbitrator shall determine relevancy, weight, and credibility of testimony and evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unle ss the arbitrator, for good cause, otherwise directs. However, both parties shall be permitted to designate an investigator or assistant to be present at the hearing, even if such person is or may be a witness. The arbitrator shall render judgment as soon after the conclusion of the hearing as possible but in no event later than thirty (30) cal endar days after submission of closing RCEA MOU July 1, 2023 – June 30, 2025
30 arguments. The decision shall set forth whic h charges, if any, are sustained and the reasons, therefore. The decision shall set forth findingsof fact and conclusions of law.
The arbitrator’s decision shall be binding.
14. The City shall bear the cost of a mandatory court reporter. The City shall bear the cost of transcripts that are require d by the arbitrator. Each pa rty shall bear its own costs where the ordering of transcripts is a vol untary act. Each party shall bear its own witness and attorney fees. Additionally, each party shall equally share all fees and costs billed by the arbitrator.
15. It is specifically agreed and acknowledged by the parties that failure by the grievant to strictly comply with the time limitations for taking action in connection with review of a grievance, shall be considered a jurisdictional defect and shall result in a waiver by the grievant of any and all appeal rights, regardless of how brief or minimal is the failure to comply with the time limitations. The department shall not be required to show or prove th e suffering of any prejudice as a condition precedent to strictly enforcing the time limitations described here in. In any case where the department or City does not strictly comply with the time limitations described herein, then the grievant’ s remedy shall be movement of the grievance process to the next higher level. In no case shall failure by the department/City tocomply with the time limitations described herein, result, in and of itself, in a finding adverse to the department/City.
16. In any case where a party or potential party disputes the arbitrability/jurisdiction of a grievance, said dispute shall not be resolv ed by the arbitrator, but shall be first resolved through civil proceedings.
F. General Provisions
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be cons idered as a maximum, and every effort should be made to expedite the process.
2. Failure by the grievant to meet any of the specified timelines shall constitute a withdrawal of the grievance. Failure by the City to meet any of the specified timelines shall entitle the grievant to appeal the next level of review.
3. The time specified, however, may be extended by mutual consent.
4. The grievant is entitled to representation of his/her choice at any point in the grievance procedure.
5. Any member of the unit may at any time present grievances to the employer and have such grievances adjusted without the interv ention of the exclusive representative as long as the adjustment is not inconsistent with the terms of this contract; provided that the City shall not agree to a final reso lution of the grievance until the exclusive representative has received a copy of the grievance a nd the proposed resolution and has been given the opportunity to file a response.
6. Neither party shall take reprisals against any member of the Association, Association RCEA MOU July 1, 2023 – June 30, 2025
31 representative, management person, or any other part icipant in the grievance procedure by reason of such participation.
ARTICLE 35 LAYOFF PROCEDURE
The City shall maintain its current policy with respect to layoff, as contained in Layoff Resolution 2495.
A. Definition of Layoff
Layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee.
B. Cause of Layoff
1. A function is to be discontinued, curtailed, or mechanized.
2. Reorganization.
3. Budget reductions.
4. Termination or decrease in funds and/or materials for projects or programs.
5. The mandatory reinstatement of an employee.
C. Layoff Policy
1. Wherever possible, loss of employment for regular City employees shall be avoided by demotion, temporary work assignments or offer of employment in other departments pursuant to Paragraph “F” of this Article.
2. Reduced work week may be utilized as a cost sa ving measure only under the following conditions:
a. Reduced workweek will only be implemented where such implementation will negate the need for layoffs.
b. Reduced workweek shall not exceed one day per pay period up to a maximum of thirteen (13) days per fiscal year.
c. That affected employees shall be elig ible for work sharing Unemployment Insurance Benefits, pursua nt to the provisions of Senate Bill 1471 (1978), through the State Employment Development Department.
d. Notification of implementation of re duced workweek shall comply with Paragraph “D” of this Article.
3. Laid off employees shall be placed on a one-year reinstatement list by order of seniority and shall have the right to reinstatement for any vacancies in the classification held at the time of layoff. This list may be extended upon approval of the City Manager.
RCEA MOU July 1, 2023 – June 30, 2025
32 4. Established eligibility lists for classifica tions affected by the Layoff procedure may be extended at the discretion of the City Manager by the length of time during which the reinstatement list is in effect.
D. Notification
Whenever a reduction of employees in regular positions is projected, the City Manager shall, within five (5) workdays of the date a layoff plan is finalized by the City Manager, notify the Association. The notification shall incl ude the anticipated number, positions and classifications of employees to be laid off. Employees to be laid off shall be entitled to fifteen (15) calendar days’ notificati on prior to layoff. The fiftee n (15) calendar day notice to employees may run concurrently with the five (5) workday notice to the Association.
E. Order of Layoff
1. Layoffs among regular employees shall be made on the basis of seniority as established by the Layoff Procedure. Seniority shall be based on an employee’s most recent date of hire to a full-time positi on with the City. The number of positions maintained in each classification is dete rmined by the City. Extra-help employees performing services similar to classificati ons affected by layoff shall be terminated before any reduction in the regular work force.
Likewise, JTPA or other temporary, grant- funded employees shall be terminated, in affected classifications, in accordance with Federal or State Rules or guidelines governing such funding programs.
Employees holding regular positions, but in probationary status, shall revert to the most recent classification in the City in wh ich they held permanent regular status to determine layoff rights.
Employees holding “acting positions,” (functioning by assignment in a higher-level classification than that which they hold permanent status) shall revert to their regular classification in the City to determine layoff rights.
2. Exceptions to the order of layoff may be granted based on the following criteria:
a. The employee possesses special qualifications, skills or abilities which no other employee in the same classification posse ss. Special qualifications, skills or abilities must have been identified as a condition of employment on the job announcement at the time the employee was appointed to the position.
b. Requests for exception to th e order of layoff must be submitted to the City Manager and Association in writing. Requests must include the basis, justification and supporting documentati on for an exception to the order of layoff.
F. Layoff Procedure
The procedure for layoff, once the number of positions to remain by classification has been RCEA MOU July 1, 2023 – June 30, 2025
33 determined, shall be as follows:
1. Priority lists shall be established for retained positions in each classification. The lists shall include the names of those employees who, based on their seniority, qualify to fill the retained positions. Where two or more employees have the same seniority date, seniority between those employees shall be determined by time in City service in the classification.
Employees within a classi fication, who are not qualified by seniority to be on the priority list for the classifi cation, shall be eligible to compete, by seniority, for the next lower classification priority list. If the employees are unsuccessful in qualifying for this lower priority list, they shall be laid off and placed on a reinstatement list.
2. Once priority lists have been establishe d for each classification, the bumping and layoff process would then take place. Employees are authorized to bump to a previously held classification if they meet the following criteria:
a. Their classification has been deleted by the City.
b. They hold a position on the priority list for their classification but are displaced (bumped) by an employee from a higher classification.
c. Once an employee has ‘bumped’ to a previously held lower level position, they shall not be affected further by the current round of layoffs.
If an employee is authorized to bump by meeting the above criteria, he/she will occupy the position held by the least senior employee on the priority list for that classification, who shall be displaced and authorized to bump downward. A regular employee who is bumped or accepts demotion in accordance with this procedure in lieu of layoff retains reinstatement right to his/her former classification.
If an employee is not authorized to bump down, due to failure to meet the above criteria, he/she will be laid off and placed on the reinstatement list.
For purposes of this Article, employees promoted out of this unit of representation shall, upon completion of th e probationary period in their new position, lose all seniority and bumping rights to their former position.
G. Reinstatement Procedure
The policy and procedure for reinstatement of employees, once a layoff has occurred, shall be as follows:
1. Employees who are demoted or who are laid off pursuant to this layoff procedure shall have their names placed on the City reinstatement list in accordance with the following criteria:
a. Work Performance – The employee’s last annual work performance evaluation given not less than ninety (90) days prio r to date of receipt of notification of layoff shall be reviewed.
RCEA MOU July 1, 2023 – June 30, 2025
34 b. If the rating is “meets job standards,” the employee shall be placed on the reinstatement list in order of seniority as defined in Paragraph F above.
c. Employees rated “needs improvement” shall be placed on the reinstatement list after those in Paragraph G.1.b, in order of seniority as defined in Paragraph F.1 above.
Subsequently, when a regular position in the City becomes permanently vacated or is added, all employees on the City reinstat ement list who have held a position in the available classification or held a position in a higher classification with the City shall be offered the position, based on their placement on the reinstatement list.
2. Laid off or demoted employees who are reinstated to their same position in the City in accordance with this policy sh all receive restoration of salary step and available attendant benefits, vacation accrual rate, sick leave (unless the employee has received payment for unused sick leave in accordance with the City’s sick leave policy) and the retirement plan contri bution rate, provided the empl oyee complies with PERS Board’s procedure for redeposit of funds.
Laid off employees who are offered reinstat ement with the City in a classification lower than that which they previously he ld shall receive a salary step at least equivalent to the salary step which was held by the employee prior to lay off along with available attendant benefits. Empl oyees who decline assignment to a lower classification shall not forfeit their right to remain on the reinstatement list.
Employees involuntarily demoted or bum ped down as a result of the Layoff Procedure shall receive salary and available attendant benefits in accordance with the provisions of this section. Such demoted employees may be placed on a “Y rate” in salary as approved by the City Manager to ma intain salary equity within the system and/or to prevent undue hardship or unfairness due to the application of this policy. If an employee is placed on a “Y rate,” he/she shall receive no fu ture salary increase until the salary range of the position held exceeds the “Y rate.”
3. If an employee is notified to return to work and such employee fails to notify the City of their acceptance of reempl oyment within ten (10) wo rk days from the date of notification by the City and fails to report to work within fifteen (15) work days from the date of notification by the Cit y, such employee shall lose all seniority rights and the City will be relieved of any obligation to reemploy such employee.
H. Established Qualifications Requirement
Employees who are demoted to an available pos ition not previously held with the City as a result of the layoff process shall be required to meet the established qualifications of that class.
In the event that the employee does not meet th ese qualifications, he/she shall be entitled to a probationary period of up to ninety (90) calendar days, as determined by the City Manager, during which he/she must quali fy. Employees failing to meet qualifications after such probationary period may be subject to layoff.
I. Order of Layoff
Example #1: An employee has been in the classification affected by layoff for two (2) years RCEA MOU July 1, 2023 – June 30, 2025
35 and has five (5) years’ seniority. Another employee has been in the affected classification for one (1) year and has seven (7) years’ seniority. The employee who has been with the City for five (5) years shall be laid off first.
Example #2: The laid off employee in Example #1 previously held a lower level classification. That employee may bump the l east senior employee in the lower level classification.
J. Reinstatement
Example #1: Two employees in the same classification are laid off. One employee has four (4) years seniority, calculated from his most recent date of hire as a full-time employee with the City, and his last annual work perfo rmance was “needs improvement.” The other employee has three (3) years seniority, calculated from his most recent date of hire as a full- time employee with the City, and his last annual work performance evaluation was “meets job standards.” The employee who was rated “m eets job standards” shall be placed first on the reinstatement list.
Example #2: The same two employees as in Exam ple #1 were both rated “meets job standards.” They would then be placed on the reinstatement list in order of seniority with the four (4) year employee being first.
ARTICLE 36 UNION ACCESS TO NEW HIRE ORIENTATION & INFORMATION
A. Dues Deduction
The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as paymen t of any other member ship benefit program sponsored by the Association, from the wages an d salaries of members of the Association.
The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the i ndividual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association shall also provide the certification of the membership list for deduction purposes to the City on an annual basis or more often as needed. Accord ingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided in writing by the Association.
The City shall provide for payroll deductions on each payroll period (twenty-four (24) times per calendar year). The City shall remit the total amount of deductions to the Association within thirty (30) days of the date of the deduction. Any ch anges in the Association dues must be given to the City a minimum of thirty (30) days prior to change to accommodate changes to payroll. Membership within and/or payment of any dues or fees to the Association shall not be a condition of employment with the City.
The Association shall notify the City within te n (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) days, then the City shall be relieved of any further responsibility.
RCEA MOU July 1, 2023 – June 30, 2025
36 The Association shall indemnify, defend, and hold harmless the City for (i) any claims made by an individual employee relating to deductio ns made in reliance upon any certification from the Association; and (ii) any liability arising from any claims, demands, or other action relating to the City’s compliance with this Ar ticle relating to maintenance of membership.
The City shall have the right to select and direct legal counsel in the case of any challenge to the City’s compliance with this provision, and the Association agrees to pay any attorney, arbitrator, or court fees, costs and expenses related thereto orassociated therewith. Any claims, demands, disputes arising from the application or interpretation of this Article shall be filed directly with the Association and shall not be subject to the City’s grievance procedure.
B. Hold Harmless Clause
In consideration of the above noted services, the Association agrees to release, indemnify, and discharge the City from any liability or expenses, including, but not limited to, attorney’s fees and reasonable costs, whatsoever as a result of any action taken pursuant to the provisions of this Article.
C. New Employee Orientation & Information
Pursuant to AB 119, and applicable case law, the City agrees to provide, when practical, no less than 10-days’ notice in advance of a ny new employee orienta tions and provide the Association access to the orientation(s). Orie ntation refers to any onboarding process, whether in person, online or through other means. Access shall be determined by the Association, which could mean represen tational attendance or correspondence. The Association shall advise the City reasonably in advance as to the type of access requested.
The City agrees, pursuant to AB119, and applicable case law, to provide the Association with the name, job title, department, work locati on, and work telephone number of newly hired employees within thirty (30) da ys of the date of hire. The C ity also agrees to provide the Association with the name, job title, depa rtment, work location, work, home and personal cellular telephone numbers, personal email addresses and home address of all bargaining unit employee at least every 120 days.
Notwithstanding the foregoing, pursuant to AB119, and applicable case law, the City will not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement relate d functions, and the City will not provide the Association with any home address, home telephone, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding nondisclosure of said informati on. Upon receipt of a written request for non- disclosure of employee information, the City will provide the Association with a copy of that request.
ARTICLE 37 EMPLOYEE REPRESENTATIVES
When requested by a member of the Unit, an Association representative may investigate any alleged grievance and assist in its presentation. The Associ ation shall notify the City of the names of each Association representative. The Association representative shall notify the Human Resources/Risk Management Director, or designee when he/she will be entering City f acilities to process or investigate grievances. The parties hereto recognize that they shall continue the past practice with RCEA MOU July 1, 2023 – June 30, 2025
37 respect to Association representative’s right to process grievances.
ARTICLE 38 BULLETIN BOARD
The Association may continue th e practice of using existing bul letin board space. Should the Association desire to add a bulletin board to any facility, it must first obtain the permission of the Department Head or Division Head responsible for that workplace.
ARTICLE 39 WORK DISRUPTION
The parties agree that no work disruption shall be caused or sanctioned by the Association during the term of this Agreement. Work di sruptions include, but are not limited to: a strike, sit-down, stay-in, speed-up, or slowdown in any operation of the City, or any curtailment of work, disruption,or interference with the operations for the City. The parties shall endeavor to discourage any such work disruptions and make positive efforts to return employees to their jobs. The parties acknowledge that participation of any employee in a concerted work action against the City, during the term of this Agreement, is grounds for disciplinary action, including termination. The parties agree that no lockout of employees shall be instituted by the City during the term of this Agreement, unless such work disruptions occur.
The term lockout is hereby defined so not as to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any provisions of the Agreement or applicable ordinance or law.
ARTICLE 40 CITY PERSONNEL RULES
It is understood that all proposed changes and/or modifications to personnel rules or other rules and regulations that impact wages, hours, or other terms and conditions of employment are subject to meet and confer pursuant to Government Code 3500 et seq prior to implementation. Both parties agree to re-open the Personnel Rules and Regulations and the Employer/Employee Resolution.
ARTICLE 41 CITY AUTHORITY
The authority of the City includes, but is not limited to, the exclusive right to determine the mission of its constituent departments, commissions and bo ards; set standards of service; determine the procedures and standards of selection for employm ent and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; de termine the methods, means and personnel by which government operations are to be conducted; deter mine the cont ent of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and re tention of such rights does not preclude employees or their representatives from consulting or raising grievances over the practical consequences that decisions on these matters may have on wages, hours and ot her terms and conditions of employment. (Ord. 657, § 5, 1973; Rialto Municipal Code 2.51.050).
ARTICLE 42 NON-DISCRIMINATION
A. The parties mutually agree to protect the rights of all employees covered by this Agreement to join and/or participate in protected Associat ion activities, or to refrain from joining or participating in protected activities in accordance with Gove rnment Code Sections 3500, et seq, and this MOU. The parties agree that no em ployee shall be subjec t to harassment or RCEA MOU July 1, 2023 – June 30, 2025
38 retaliation for pursuit of such rights.
B. The City and Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations or upon any other basis provided in State or Federal law which is applicable to the City.
C. Whenever the masculine gender is used in th is MOU, it shall be understood to include the feminine gender.
ARTICLE 43 STATE CONCILIATION SERVICE
In the event both the City and Association feel it to be in their best interests, the use of the State Conciliation Service will be made prior to the imp asse procedure currently specified in City’s Resolutions and Codes.
ARTICLE 44 FULL UNDERSTANDING, MODIFICATION AND WAIVER
The parties acknowledge that during the negotia tions which resulted in this Memorandum of Understanding each had the opportunity to make demands and proposals with respect to any subject or matter within the scope of repr esentation. The understandings arrived at after the exercise of that right are set forth in this Memo randum of Understanding and cons titutes the complete and total contract between the City and Association with respect to wages, hours, and other terms and conditions of employment; provid ed, however, that all practices enjoyed by the employees at the present time, which are not included in, or specifically changed by this Memorandum of Understanding, shall remain in full force and effect, unless modified by mutual agreement of both parties. In cases of proposed changes, the Associ ation shall be given reasonable advance notice and the opportunity to meet and confer on said changes prio r to implementation. A ny prior or existing Memoranda of Understanding between the partie s regarding any matter within the scope of representation are hereby superseded and terminated in their entirety.
Therefore, the City and Association for the life of this Memorandum of Understanding, each voluntarily waives the right to meet and confer with respect to any subject or matter referred to or covered in this Memorandum of Understanding unless otherwise mutually agreed to.
ARTICLE 45 EMERGENCY WAIVER PROVISION
In the event of circumstances be yond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, na tional emergency, or similar circ umstances, provisions of this Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which restrict the City’s ability to respond to these emergencie s, shall be suspended for the duration of such emergency. After the emerge ncy is over, the Association shall ha ve the right to meet and confer with the City regarding the imp act on employees of the suspensi on of these provisions in the Memorandum of Understanding and any Personnel Rules and policies.
ARTICLE 46 SAVINGS CLAUSE
If any of the provisions contained in this Agreement are determined to be unlawful, then only such provisions shall be deleted from this Agreement with the remainder of the Agreement remaining in full force and effect.
39 ARTICLE 47 RIALTO FITNESS CENTER
Employees, employees’ spouses, retirees, and retir ees’ spouses shall be a llowed free use of the Rialto Fitness Center during normal operating hours as long as the City has managerial control of the facility. Employees, employees ’ spouses, retirees, and retirees ’ spouses shall adhere to the same regulations regarding reservations and the use and care of the facilities as the general public.
ARTICLE 48 RELEASE TIME FOR ASSOCIATION OFFICERS
The City shall provide for a reasonable amount of release time for Association officers to take care of Association business that the officer cannot perform during non-working hours. The City shall in its sole discretion determine the amount of time that is reasonable, and the Association officer availing him/herself of release time shall not engage in said Associati on activities during scheduled hours without first obtaining approval to do so from the Department Director or designee.
ARTICLE 49 MAINTENANCE OF EXISTING BENEFITS
All wages and benefits as provided in this Agreement shall remain in full force and effect during the entire term of this MOU unless agreed to the contrary by both parties.
ARTICLE 50 UNIT DEFINITION
The following classifications comprise the General Unit:
Accounting Assistant Accountin g Specialist
Accounting Technician Administrative Assistant
Assistant Civil Engineer Assistant Planne r
Broadcast Production Specialist Buildin g Inspector
Business License Inspector Bu yer
Community Compliance Officer Construction Inspecto r
Development Services Specialist Emer gency Medical Services Specialist Engineering Aide En gineering Technician
Equipment Mechanic Equipment Operato r
Facility Maintenance Assistant Facilit y Maintenance Technician Field Service Worker Fire Communit y Relations/Education Specialist Fire Inspector Fire Prevention Specialist
Fleet Services Coordinator Human Resources/Risk Mana gement Assistant Human Resources/Risk Management Specialist In formation Technology Specialist Landscape Contract Specialist Lead Facilit y Maintenance Technician Lead Field Services Worker Mail and Warehouse Cler k
Office Specialist Park Ran ger
Payroll Technician Permit Technicia n
Planning Aide Plans Examine r
Records Assistant Records Coordinato r
Recreation Programmer Senior Accountin g Assistant
Senior Building Inspector Senior Bu yer
Senior Community Compliance Officer Senior Construction Inspecto r Senior Equipment Mechanic Senior Field Service Worker
Senior Office Specialist Se nior Permit Technician
Senior Plans Examiner
40 Classifications within the barg aining unit may be changed, added or deleted based upon mutual agreement by the parties or upon action by the City Council.
ARTICLE 51 LONGEVITY PAY
The City shall pay additional compensation for thos e unit employees who were hired with the City of Rialto prior to June 30, 2017, that have experience working in public agencies that contracts with CalPERS or San Bernardino City Employees’ Retirement Association (SBCERA) and have service credit under these retirement systems. The Public Service Experience Pay will be:
5 – 9 years of cumulative service credit: 3% of their base salary 10+ years of cumulative service credit: 6% of their base salary
Public Service Experience Pay shall not be subject to pensionable compensation pursuant to Title 2, Section 571 to the California Code of Regulations.
Longevity Pay: Longevity Pay is pay for actual City Service after a minimum of 5 years working with the City of Rialto. Employees who have 5 – 9 years of service will receive 3% of their base salary. Employees who have 10+ years will receive 6% of their base salary.
Longevity Pay and Public Service Experience pay is not cumulative; employee will receive one or the other.
To the extent applicable and permitted by law, th is pay shall be reportabl e to CalPERS as special compensation or pensionable compensation pursuant to Title 2, Section 571 and 571.1 of the California Code of Regulations.
ARTICLE 52 SCHEDULING NOTICE
During the term of this Agreement, the City shall give at least seven (7) days’ notice before changing any employee’s work schedule or requesting that said employee work overtime, unless such change or request constitutes an emergency. For purposes of this Article, an emergency is defined as any reasonable anticipation of material disruption or decrease in City services.
ARTICLE 53
RE-OPENERS
The parties agree to re-open the MOU during the MOU term to discuss an alternative retiree health plan to reduce or eliminate OPEB liabilities.
As a limited reopener during the term of this MOU, parties agree to discuss and implement plans associated with AB119 and New Employee Orientation.
As a limited reopener duri ng the term of this MOU, the part ies agree to continue to discuss classification and compensation of the unit.
As a limited reopener during the term of this MOU, the parties agree that effective September 14, 2020 there will be a Monday – Friday, 10 hour s/day work schedule and that each unit (Department/Division will work wi th their respective Department Supervisors to ensure staffing levels for each workday is adequate and confirmed.
41 This Agreement shall become effective upon ratification by the City Council and the Association:
FOR THE CITY:
City Manager
Dated:
Eric Vail
City Attorney
Dated:
Barbara McGee
City Clerk
Dated:
FOR THE ASSOCIATION:
Dated:
Dated: