RESOLUTION NO. 2024-06-6815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING PURSUANT TO THE CALIFORNIA MEYERS-MILIAS-BROWN ACT BY AND BETWEEN THE CITY OF SIGNAL HILL AND THE SIGNAL HILL EMPLOYEES’ ASSOCIATION WHEREAS, it is the purpose of the Meyers-Milias-Brown Act (Government Code § 3500 through 3510, as amended) to strengthen merit, civil service, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed; and WHEREAS, the current Memorandum of Understanding between the City of Signal Hill and the Signal Hill Employees’ Association expires on June 30, 2024; and WHEREAS, upon request by representatives of the Signal Hill Employees’ Association, representatives from City management and the aforementioned employees’ association met and conferred regarding a successor Memorandum of Understanding; and WHEREAS, the Memorandum of Understanding attached hereto as Exhibit A, which by this reference is made a part of this resolution as if set forth herein in full, has been prepared pursuant to the Meyers-Milias-Brown Act and has been approved by the Signal Hill Employees’ Association.
NOW, THEREFORE, the City Council of the City of Signal Hill, California does hereby resolve as follows:
The attached Memorandum of Understanding complies with the purposes of the Meyers-Milias-Brown Act and is suitable for acceptance by the City of Signal Hill.
The Memorandum of Understanding shall be subject to all applicable laws and shall be effective to cover the period from July 1, 2024, through June 30, 2027.
The Memorandum of Understanding by and between the City of Signal Hill and the Signal Hill Employees’ Association is approved to become effective July 1, 2024, and shall be executed by the Mayor of the City of Signal Hill.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Signal Hill, California, this 11th day of June, 2024.
LORI Y. WOODS
MAYOR
ATTEST:
DARITZA GONZALEZ
CITY CLERK
STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF SIGNAL HILL ) I, Daritza Gonzalez, City Clerk of the City of Signal Hill, California, hereby certify that Resolution No. 2024-06-6815 was adopted by the City Council of the City of Signal Hill at a regular meeting held on the 11th day of June, 2024 and that the same was adopted by the following vote:
AYES: MAYOR LORI Y. WOODS, VICE MAYOR EDWARD H.J. WILSON, COUNCIL MEMBERS TINA L. HANSEN, KEIR JONES NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL
DARITZA GONZALEZ
CITY CLERK
CITY OF SIGNAL HILL
MEMORANDUM OF UNDERSTANDING PURSUANT TO THE CALIFORNIA MEYERS-MILIAS-BROWN ACT JULY 1, 2024 – JUNE 30, 2027 BY AND BETWEEN
THE SIGNAL HILL EMPLOYEES' ASSOCIATION AND
THE CITY OF SIGNAL HILL
Exhibit A
TABLE OF CONTENTS
INTRODUCTION 1
RECOGNITION 1
MEET AND CONFER RELEASE TIME 1
ACCESS TO WORK LOCATIONS 2
VACATION 4
SICK LEAVE 7
BEREAVEMENT LEAVE 11
INDUSTRIAL LEAVE 12
TEMPORARY DISABILITY LEAVE 13
TEMPORARY MILITARY LEAVE 14
JURY DUTY 15
LEAVE OF ABSENCE WITHOUT PAY 15
HOLIDAYS 18
HOURS OF WORK 20
ATTENDANCE 20
OVERTIME 20
CALL BACK PAY 23
STANDBY PAY 24
STANDBY SHIFT HOURS 24
SHIFT DIFFERENTIAL PAY 25
COURT STANDBY 26
DISPATCHER/JAILER TRAINING PAY 26
TRAINING PAY 27
ACTING PAY 27
BILINGUAL PAY 27
LONGEVITY PAY: DISPATCHER / JAILER 29
LONGEVITY ONE-TIME LUMP SUM PAYMENT 29
WAGES AND BASIC COMPENSATION PLAN 30
RETIREMENT PLAN 32
HEALTH CARE COVERAGE – ACTIVE EMPLOYEES 35
RETIREE HEALTH INSURANCE/OPEB CONTRIBUTION 37
HEALTH COVERAGE – RETIREES 38
VISION INSURANCE 41
DENTAL INSURANCE 42
LIFE INSURANCE 43
EMPLOYEE ASSISTANCE PROGRAM 43
TUITION REIMBURSEMENT PROGRAM 43
FLEXIBLE BENEFITS PLAN 45
MILITARY SERVICE CREDITED AS PUBLIC SERVICE 45
TIME OFF FOR EXAMINATIONS 46
MEDICAL AND/OR PHYSICAL EXAMINATION 46
DISPATCHER/JAILER UNIFORMS 46
DISPATCHER/JAILER PROBATIONARY PERIOD 46
DISABILITY INSURANCE 46
CONFIDENTIAL EMPLOYEES 47
EXEMPT NON-MANAGEMENT CLASSIFICATION 47
FAIR LABOR STANDARDS ACT 47
PEACEFUL PERFORMANCE 48
MANAGEMENT FUNCTIONS 49
CONSTRUCTION 51
FULL UNDERSTANDING, MODIFICATIONS, WAIVER 51
MAINTENANCE OF BENEFITS 52
GRIEVANCE PROCEDURE 52
APPEAL HEARING TRANSCRIPTS 53
SAVINGS CLAUSE 53
INTRODUCTION
This Memorandum of Understanding, hereinafter referred to as the "Agreement", has been prepared pursuant to Government Code Sections 3500 through 3510 as amended, which is generally referred to as the Meyers-Milias-Brown Act.
This Agreement has been developed as a result of requests of the Signal Hill Employees' Association. The items in this Agreement are subject to the approval of the City Council of the City of Signal Hill and will be placed into effect upon the adoption of the necessary ordinances and resolutions by the City Council, if acceptable to them, in accordance with the terms and conditions hereinafter set forth. The parties agree that the provisions contained herein shall be subject to all applicable laws and shall cover the period of July 1, 2024 through June 30, 2027, except as otherwise provided.
RECOGNITION
The City hereby recognizes the Signal Hill Employees' Association ("The Association") as the majority representative of the employee representation unit consisting of the classifications listed in Exhibit "A" and hereby agrees to the indicated salaries as set forth in Exhibit “A”.
Nothing contained herein shall be construed to deny those employees who do not belong to the Association from being covered by the terms and conditions of this Agreement. Nothing in this section will prohibit any employee from appearing in his/her own behalf in his/her employment relations with the City.
MEET AND CONFER RELEASE TIME
The City shall provide paid release time for up to four (4) Association members to serve on the negotiation team for any meet and confer sessions during the course of this MOU.
The Association may have a reasonable number of additional representatives serve on the team, but those members will not be provided with City paid release time. If the Association does elect to have more than four (4) members present, and there are multiple sessions, the Association may elect to rotate which individuals receive paid release time and which members use their own accrued paid leave time.
Paid release time shall extend to one (1) negotiation team planning meeting prior to commencing negotiations or meet and confer sessions with City representatives. The City will grant one (1) hour of paid release time for up to four (4) Association members for this purpose. The City may grant additional paid release time at its discretion.
ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted to officers of the Association and its official representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such officers or representatives shall not enter any work locations without the consent of the City or its authorized representative. Access shall be restricted so as not to interfere with the normal operations of departments or with established safety or security requirements.
The Association and its members recognize that the City has an Electronic Mail Policy (adopted January 26, 2022) in effect. The Association may utilize the City’s e-mail system to communicate scheduling matters and meeting notices. Association news and/or newsletters shall be sent to employees’ own private e-mail accounts and will not be read on City time.
Association meetings may be conducted during work hours with prior approval of the City and on the employees’ own time. The City shall not unreasonably withhold such approval provided the proposed Association meeting does not interfere with normal operations of the City. On-duty personnel may not attend any such meeting without prior approval from their immediate supervisor.
Upon written request at least five (5) days in advance and without charge, the Association shall be granted the right to use City facilities for lawful Association business. The conditions of such use shall be consistent with applicable law and permission shall not be unreasonably withheld.
Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, campaigning for office, conducting elections and distributing literature will not be permitted during working hours.
Pursuant to the provisions of California Government Code, Section 3556, the City shall grant to the Association reasonable access to new employee orientations by providing not less than 10 days' notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer's operations that was not reasonably foreseeable. The Association will be provided a reasonable amount of time, up to thirty (30) minutes paid time to meet with new employees at a designated time at the end of the new employee orientations. This meeting may occur in City facilities. The date, time, and place of the orientation shall not be disclosed to anyone other than the employees, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation The City shall also provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within 30 days of the date of hire, and shall also provide the Association with a list of that information for all employees in the bargaining unit at least every 120 days.
VACATION
Basis of Accrual
Every probationary, regular, and interim employee shall be entitled to a paid vacation leave of 96 hours per year. Accrual of vacation begins with the first working day following appointment and thereafter accrues on a bi-weekly basis.
Following the completion of the fifth year of full-time continuous service, every employee shall accrue a paid vacation leave at the rate of 112 hours per year.
Following the completion of the tenth year of full-time continuous service, every employee shall accrue a paid vacation leave of 136 hours per year.
Following the completion of the fifteenth year of full-time continuous service, every employee shall accrue a paid vacation leave of 152 hours per year.
Following the completion of the twentieth year of full-time continuous service, every employee shall accrue a paid vacation leave of 168 hours per year.
Following the completion of the twenty-fifth year of full-time continuous service, every employee shall accrue a paid vacation leave of 176 hours per year.
For purposes of this section, continuous service shall include time in which an employee is on an authorized leave of absence with pay.
Vacation Accrual
All employees shall be entitled to accrue vacation up to twice their annual accrual. Department Heads shall encourage the taking of accrued vacation leave. If for some specific reason an employee wishes to accrue vacation leave in excess of the limits established herein, he/she must submit a request in writing to his/her department head listing these reasons. The Department Head and City Manager shall review and may grant such request if it is in the best interest of the City. The excess of the limit shall be determined by the Department Head and the City Manager. It is not the intent of this section to penalize an employee who is not able to utilize his/her accumulated vacation because of scheduling problems within the individual department.
Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays falls within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as an eight (8) hour holiday.
Effect of Leave of Absence on Accrual of Vacation Leave The granting of any leave of absence without pay exceeding 15 consecutive calendar days shall cause the employee's normal rate of vacation leave accumulation to cease until he/she returns to work.
Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status.
Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head or direct supervisor that such absence will not materially affect the department. Each employee must consider the needs of the department when requesting annual vacation leave.
An employee shall normally provide one-week notice in advance of the day(s) he/she is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. The Department Head should consider an employee's length of service when assigning vacation periods.
Vacation Cash-Out
Employees who have been employed in a full-time classified position with the City and have completed at least two (2) years of service but less than five (5) years of service may be eligible once a year to cash out a maximum of 60 hours of accrued vacation leave. Employees who have completed at least five (5) years of service but less than ten (10) years of service may be eligible once a year to cash out a maximum of 120 hours of accrued vacation leave. Employees who have completed at least ten (10) years of service in a full-time classified position with the City may be eligible once a year to cash out a maximum of 160 hours of accrued vacation leave. Vacation leave may be cashed out annually on a rolling basis or once per twelve (12) month period. To be eligible, employees must use at least 40 hours of vacation leave during the prior 12-month period.
Vacation Cash-Out will be paid out based on years of service and the following matrix.
Years of Service
Annual Eligible Cash-Out Maximum
2 to <5
60 Hours
5 to <10
120 Hours
10 or greater
160 Hours
Employees who participate in the vacation buy back program are not eligible for leave of absence without pay.
Terminal Vacation Pay
Any employee separating from the City service who has accrued vacation leave shall be entitled to terminal pay in lieu of such vacation at the regular rate of pay. When separation is caused by death of any employee, payment shall be made to the estate of such employee or, in applicable cases, as provided by the Probate Code of the State.
SICK LEAVE
Accrual of Sick Leave
Every probationary, regular, and interim employee shall accrue eight (8) hours sick leave, with pay for each calendar month of actual continuous service dating from the commencement of said service, with such time to be accrued on a bi-weekly basis. Such accruals shall be cumulative. The maximum accumulated sick leave to any employee's credit shall be reduced to 960 hours June 30 of every year. An employee shall not receive payment for unused sick leave accumulated to his/her credit upon termination, whether voluntary or involuntary and except upon retirement as described in paragraph D3 of this Section.
Sick leave shall not be considered a right, which an employee may use at his/her discretion. Employees are required to provide reasonable advance notice of the need for leave when it is foreseeable and when it us unforeseeable, notice must be provided as soon as practicable. Sick leave shall be permitted for:
Actual illness or injury which is impossible for the employee to perform his/her normal work assignments.
Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee. Employees are required to provide advance notice for planned leave such as medical appointments and should make attempts to schedule such appointments to avoid workplace disruption. A health condition includes both physical and mental illness or injury; Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member (as defined below). Employees are required to provide advance notice for planned leave such as medical appointments and should make attempts to schedule such appointments to avoid workplace disruption. The use of sick leave under this section shall be limited to 5 days (based on the employee’s normal work schedule) or 48 hours per calendar year, whichever is greater.
Specified purposes if the employee or family member is a victim of domestic violence, sexual assault, or stalking.
As used herein “family member” is defined as set forth in California Labor Code 245.5 as: a child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse; a registered domestic partner; a grandparent; a grandchild; a sibling; a designated person, which, for purposes of this policy means a person identified by the employee at the time the employee requests paid sick days. This is limited to one designated person per 12-month period for paid sick days.
Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head may request a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted, as permitted by applicable law. If the sick leave request equals 40 hours or more, the Department Head may also designate the licensed physician to conduct a physical examination, and such examination shall be conducted at City expense. Employees shall be required to complete a sick leave verification form when returning to work after utilizing sick leave. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head the employee has abused such privileges.
Effect of Leave of Absence on Sick Leave Accrual
The granting of any leave of absence without pay exceeding 15 consecutive calendar days shall cause the employee's normal rate of sick leave accumulation to cease until he/she returns to work.
Sick Leave Roll-Over and Annual Cash-Out
Annually in June, all sick leave accumulated during the current, preceding fiscal year (based on 26 pay periods following the previous pay-off) shall be computed for each employee. Each employee has the option to:
Roll-Over – The employee may elect to roll-over the full balance of time for future use as sick time.
Annual Cash-Out – The Annual Cash-Out will be paid on or before June 30 of each year, and is limited to that amount accumulated during the current fiscal year. Eligible cash-out hours are determined by the non- interchangeable, tiered years of employment, provided that:
Each employee who has been continuously employed by the City for less than five (5) years, may convert to salary compensation any sick leave accumulation in excess of 48 hours accumulated during the current year at the regular base rate of pay. The cash-out will be limited to a maximum of 48 hours.
Each employee who has been continuously employed by the City for five or more years but less than ten (10) years, and who has accumulated a "bank" of at least 240 hours of sick leave at the end of the current fiscal year, shall be entitled to convert to salary compensation any sick leave accumulation in excess of 32 hours accumulated during the current year at the regular base rate of pay. The cash-out will be limited to a maximum of 64 hours.
Each employee who has been continuously employed by the City for ten (10) or more years, and who has accumulated a "bank" of at least 400 hours of sick leave at the end of the current fiscal year, shall be entitled to convert to salary compensation any sick leave accumulation in excess of 16 hours accumulated during the current year at the regular base rate of pay. The cash-out will be limited to a maximum of 80 hours.
Years of Continuous Employment
Minimum “Banked” Leave
Eligible Hours for Cash-Out
<5
48 0-48
5 to <10
240
0-64
10 or greater
400
0-80
Employees separating from the City prior to the annually scheduled pay-off shall not be entitled to option 1 or 2 as outlined above. There is no pro-ration of this benefit.
Effective July 1, 2016, any employee who retires on a regular service retirement with a vested pension and less than 5 years of full-time service with the City shall be entitled to receive payment for 15% of accumulated unused sick leave days, but not, in any event, more than 15% of the 960 hours maximum accumulation. The unused sick leave shall be reported to CalPERS per Government Code Section 20965.
Effective July 1, 2016, any employee who retires on a regular service retirement with a vested pension and more than 5 years but less than 10 years of full-time service with the City shall be entitled to receive payment for 25% of accumulated unused sick leave days, but not, in any event, more than 25% of the 960 hours maximum accumulation. The unused sick leave shall be reported to CalPERS per Government Code Section 20965.
Effective July 1, 2016, any employee who retires on a regular service retirement with a vested pension and more than 10 years but less than 15 years of full-time service with the City shall be entitled to receive payment for 35% of accumulated unused sick leave days, but not, in any event, more than 35% of the 960 hours maximum accumulation. The unused sick leave shall be reported to CalPERS per Government Code Section 20965.
Any employee who retires on a regular service retirement with a vested pension and 15 or more years of full-time service with the City shall be entitled to receive payment for 50% of accumulated unused sick leave days, but not, in any event, more than 50% of the 960 hours maximum accumulation. Effective July 1, 2005, any employee who retires with 15 or more years of full-time service with the City shall be able to convert to service credit the remaining 50% of the unused sick leave days, but not, in any event, more than 50% of the 960 hours maximum accumulation to retirement service credit. The unused sick leave shall be reported to CalPERS per Government Code Section 20965.
BEREAVEMENT LEAVE
General Policy
Whenever any employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of members of the employee's family member (spouse, child, registered domestic partner, parent, grandparent, grandchild, sibling, and parents-in-law) such person shall be entitled to a leave of absence with pay for up to 3 regular work days. In the case of the death or critical illness of a spouse or domestic partner or if the employee must travel 500 or more miles one-way to visit a critically ill immediate family member or attend services, they shall be entitled to a leave of absence with pay for up to 5 regular work days. The total number of hours may vary depending on the employee’s assigned work period. In addition, an employee may also use up to two days of sick leave in conjunction with their approved bereavement leave. Such City paid leave of absence shall be not be allowed in any case where in the preceding six (6) calendar months a bereavement leave request on the grounds of the critical illness of that same relative has been granted.
In accordance with state law, employees are eligible for unpaid leave of up to five (5) working days in the event of the death of an employee’s family member. The City will provide unpaid leave in accordance with state law, which will run concurrently with any leave entitlement under City policy. For any leave permitted under state law which is beyond City paid leave, employee may use sick leave, compensatory time off, or vacation time for bereavement leave. This leave must be used within three months of the death of a family member.
Authorization Procedure
The employee shall complete a Bereavement Leave Form requesting authorization of Bereavement Leave Pay. This request must be approved by the employee's Department Head or immediate supervisor and the Personnel Officer.
A Department Head may, under special circumstances, grant Bereavement Leave to an employee due to death or critical illness of individuals other than those immediate family members listed above.
INDUSTRIAL LEAVE
A. General Policy
Any employee who is compelled to be absent from duty on account of an on-the-job injury or illness shall be compensated in compliance with the Workers' Compensation Laws of the State of California (Labor Code § 4650). When the absence extends beyond the waiting period of three (3) calendar days the employee is compensated under Workers' Compensation Laws and shall be entitled to receive the difference between any disability compensation due to the employee under the Workers' Compensation Laws and their salary provided that such benefits shall not be paid for longer than outlined below:
0 – 5 years of full time employment with the City - 3 months 5+ - 8 years of full time employment with the City 6 months 8+ - 12 years of full time employment with the City 9 months 12+ years of full time employment with the City 12 months Total temporary disability (TTD) starts no more than 14 days from when the injured worker first loses time from work. There is a 3- day waiting period that does not get paid if the injured worker returns to work within the 14 days. If the injured worker is off longer than 14 days, Worker’s Compensation will pay the 3-day waiting period.
All injuries sustained in the course of employment shall be reported at once to the Department Head, who shall in turn immediately report the same to the Personnel Office within a 24-hour period. In the event the employee is incapacitated in such a manner as to prevent submission of a report, the Department Head or immediate supervisor shall complete and forward the required report to the Personnel Office within 24 hours following the injury.
Sick leave shall not be charged during absence as set forth in Subdivision A of this section.
Neither sick leave nor vacation shall be accumulated during absence set forth in Subdivision A of this section for industrial leaves, which exceed 160 continuous scheduled work hours of industrial leave.
Any employee who is on industrial leave during the pay period in which annual personal holiday hours are credited to their leave balance, shall not be eligible for such personal holiday hours until they return to work. At the time of their return to work, the employee’s personal holiday hours will be pro-rated for the remainder of the year.
Any employee who claims or receives Workers' Compensation benefits provided in this Section shall deposit said benefits with the Director of Finance for credit to the City. Pursuant to the General Policy above, the City will pay full salary to an employee on industrial leave in accordance with the table below:
0 – 5 years of full time City of Signal Hill employment for up to 3 months; 5+ - 8 years of full time City of Signal Hill employment for up to 6 months; 8+ - 12 years of full time City of Signal Hill employment for up to 9 months; 12+ years of full time City of Signal Hill employment for up to 12 months.
If an employee’s salary continuation has been exhausted and the employee is still on industrial leave, they may supplement their Temporary Total Disability (TTD) payments with accrued compensatory time, sick leave and/or vacation hours.
TEMPORARY DISABILITY LEAVE
General Policy
Upon submission of an appropriate certificate from a licensed physician, an employee may be granted temporary disability leave. The employee utilizing temporary disability leave may utilize all sick, vacation, compensatory time and personal days accredited to him/her and the remainder of the absence required will be on the basis of leave without pay. If leave without pay is utilized, no accruals of leave or benefits will be credited to the employee.
For foreseeable events (such as the expected birth of a child or a planned medical treatment), the employee must provide, if possible, at least thirty (30) days’ advance notice to the City that they will be taking leave or as soon as practicable if 30 days’ notice is not possible.
Employees returning from temporary disability leave will be required to provide a certificate from a licensed physician which shall advise the City that the employee is capable of returning to the normal work assignments of the position from which the employee departed.
Effect of Temporary Disability Leave on Anniversary Date The granting of any temporary disability leave without pay exceeding 15 consecutive calendar days shall cause the employee's salary anniversary date and calculation of full-time continuous service to be extended by the number of calendar days for which such temporary disability leave has been granted, less the first 15 days of such leave, unless the leave qualifies for protection under applicable state or federal law.
Temporary Disability Policy Due to Pregnancy
Temporary disability leave because of pregnancy shall not extend beyond a maximum period of six (6) months, unless the licensed physician requests an additional period of absence, which may or may not be granted by the Personnel Officer.
Use of Leave Accruals to Supplement Temporary Disability Pay An employee shall be able to use accumulated leave accruals to supplement any temporary disability pay received by the employee. The employee cannot elect to use accruals exceeding the 1/3 wages not covered by disability payments each pay period, therefore, resulting in more than 100% of pay.
TEMPORARY MILITARY LEAVE
General Policy
Temporary military leave with pay shall be granted in accordance with provisions of the Military and Veterans Code of the State. An employee entitled to temporary military leave shall give his/her Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.
Prior to taking such leave, an employee shall present a copy of his/her military orders to his/her Department Head. The Department Head shall advise the Personnel Office of such military orders immediately.
Sick leave and annual vacation leave will accrue to the employee during the period he/she is on temporary military leave. This provision shall not be construed to grant any benefits to employees who voluntarily join the armed services or who are called to full-time active duty in the armed services.
JURY DUTY
General Policy
Full-time probationary, regular and interim employees ("qualifying employee") will be entitled to compensation at regular rate of pay for a maximum of 80 hours of jury duty annually.
Upon being advised that a qualifying employee has been summoned to jury duty, the City shall cause to be issued a letter setting forth the jury duty provision of this Agreement, and advising the summoning court or tribunal that it would be a hardship for such qualifying employee to serve jury duty beyond 80 hours.
When first called to jury duty, a qualifying employee, having provided at least five (5) working days written notice, shall be entitled to his/her regular compensation provided he/she deposits his/her fees for service with the Director of Finance.
A qualifying employee (i.e., Dispatcher/Jailer) called for jury duty shall be assigned to the day shift, Monday through Friday, 8:00 a.m. to 5:00 p.m. Employees released early from jury duty shall report to the Department Head for assignment for the duration of the day shift. The assignment shall be, unless the shift is significantly under-staffed, an educational training session.
Such employees released early from jury duty shall report to their supervisor for assignment for the duration of the shift.
Such employees shall be entitled to keep mileage reimbursement paid while on jury duty.
An extension to the 80-hour paid leave may be approved by the City Manager for extenuating circumstances.
LEAVE OF ABSENCE WITHOUT PAY
General Policy
Any employee may be granted a leave of absence without pay upon the approval of the City Council pursuant to the recommendation of his/her Department Head and the City Manager. In the case of a leave of absence without pay of 60 consecutive calendar days or less, the approval of the City Council shall not be required.
A leave without pay may be granted for the following reasons:
Illness or disability.
Federal and/or State Statutes which establish “Protected” leaves.
To take a course of study which will increase the employee's usefulness on return to his/her position in the City service.
For personal reasons acceptable to the City Council and/or City Manager and Department Head.
Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the Personnel Office and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the City for any benefit premiums paid for by the City during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by his/her Department Head, and, upon written recommendation of the Department Head that it be granted, modified or denied, shall be promptly transmitted to the City Manager. The City Manager shall then make his/her recommendation in writing and transmit the request to the City Council, unless the request is for a leave of 60 consecutive days or less, in which case the action of the City Manager shall be final. A copy of any approved request for leave of absence without pay shall be delivered promptly to the Director of Finance.
Length of Leave and Extension
A leave of absence without pay may be approved for a period not to exceed one (1) year. Notwithstanding the foregoing limitation, the City Council may extend such leave for an additional period not to exceed one (1) year. The provisions of this section governing leaves of absence without pay shall be applied consistent with the mandate specified under the Family and Medical Leave Act. The procedure in granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than 14 calendar days prior to the expiration of the original leave.
Return from Leave
When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, he/she shall contact the Department Head at least 14 calendar days prior to the day he/she plans to return. The Department Head shall promptly notify the City Manager and the Personnel Office of the employee's intention. Upon return the employee shall be placed at the same or comparable classification and salary step as was in effect prior to the leave.
Leave Without Pay
An employee shall utilize all his/her compensatory time off prior to taking an authorized leave of absence without pay and shall be able to utilize accumulated vacation at his/her discretion.
A prorated reduction of normal annual vacation and sick leave accruals shall be applicable to an approved absence without pay. Any absence without pay constitutes a break of continuous service with the City.
The granting of any leave without pay exceeding 15 consecutive calendar days shall cause the employee's salary anniversary date and calculation of full-time continuous service to be extended by the number of calendar days for which such leave has been granted less the first 15 days of such leave.
An employee on leave of absence without pay shall not have all of the privileges granted to regular employees.
Leave Without Pay - Insurance Payments and Privileges
The City shall make no contributions to the health and optional benefits when an employee is on leave without pay except when the employee is receiving Total Temporary Disability Benefits for industrial illness or injury, or due to approved FMLA, CFRA and PDL leaves.
To keep health coverage during leave of absence, employees will be placed on direct pay with CalPERS. Employees will be responsible for making the monthly premium payments directly to the health plan after completing the CalPERS Direct Pay Authorization form.
An employee may continue optional benefits while on leave without pay by submitting direct payments to the City on a monthly basis before the first day of the each month during the period of the leave, or through a pay- back plan approved by the Department Head and the City Manager. Failure to reimburse the City for such benefits during the term of a leave of absence will result in the employee’ s coverage terminating on the first day following the month in which the last payment was received.
HOLIDAYS
Authorized Holidays
Every employee shall be entitled to the following eight (8) hour holidays with pay each calendar year and such other days as may be designated by action of the City Council:
January 1 (New Year’s Day)
The third Monday in January (Martin Luther King Jr. Day) The third Monday in February (Presidents' Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July 4 (Independence Day)
The first Monday in September (Labor Day)
November 11 (Veterans’ Day)
Thanksgiving Day
The Friday after Thanksgiving Day
December 25 (Christmas Day)
36 hours of personal holiday leave to be arranged under the same conditions as described under VACATION, Section F, of this Agreement. These personal hours are not cumulative and must be used prior to the end of the calendar year. All new employees shall receive 3 hours of personal holiday leave for each month remaining in the calendar year starting from and including the month of their hire.
Every day appointed by the President of the United States or the Governor of California to be a public holiday or by the City Council to be a City holiday. These do not include newly granted holidays to Federal or State employees granted by the President or the Governor, but include "one-time" public holidays for special occasions.
The specific days that City employees will observe the holiday may be determined by the City Council as discussed in the City of Signal Hill Policy and Procedure – Holiday Pay.
Procedure If Holiday Falls on Friday, Saturday or Sunday For those employees whose normal workweek is Monday through Friday, when a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. If a holiday falls on a Friday or is observed on a Friday that is an employee’s regularly scheduled day off, the employee may take another day off within the same pay period, subject to Department Head approval.
Employees Required to Work on Holidays
Any employee who shall be required to work on any holiday which he/she is entitled to take off under the provisions hereof shall receive compensation therefore at the rate of time and one-half for actual hours worked plus eight hours of holiday pay, or he/she may take equivalent time off as determined by his/her Department Head. All employees who are entitled to be absent on any holiday, and who in fact are absent, shall receive full compensation therefore at the straight time rate.
Those employees whose work schedules and assignment of duties require him/her to work on an authorized holiday shall receive eight (8) hours of holiday pay for such work at the same rate of pay at which he/she is employed, in addition to his/her normal pay for the time worked.
If a holiday occurs on a day which is the employee's regular day off, with the exception of Friday, he/she shall be entitled to holiday pay in the amount of eight (8) hours at straight time.
Employees on Industrial Leave
Employees on Industrial Leave shall not be entitled to additional pay and/or additional time off for holidays which occur during the time an employee is on industrial leave.
Effect of Sick Leave on Holiday Pay
An employee whose work schedule and assignment of duties require him/her to work on an authorized holiday and who calls in sick on that work shift shall be paid eight (8) hours of holiday pay and shall also be charged for the appropriate use of sick leave.
HOURS OF WORK
Miscellaneous employees shall have a work period with specific hours to be worked as prescribed by the Department Head with approval of the City Manager. The City Council may change an employee's work period, week, or hours at any time to meet the requirements of the City.
Dispatcher/Jailers will work 12.5 hour shifts and will have a paid/on-duty 30 minute lunch break. They will receive overtime for their 30 minute lunch break.
ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the Director of Finance in the form and on the dates he/she shall specify.
Failure on the part of an employee who is absent without leave and does not return to duty within 24 hours after a due notice to return to duty has been issued, shall be cause for immediate disciplinary action, up to and including termination.
OVERTIME
General Policy
It is the policy of the City of Signal Hill to avoid the necessity for overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority and is expected to perform overtime work.
Definition
Overtime work is that work performed by an employee at times other than normally required for specific employment. The City tracks employee hours worked in fifteen (15) minute increments, and the FLSA permits an employer to round employee time to the nearest quarter hour. Employee overtime from one (1) to seven (7) minutes will be rounded down, and thus not counted as hours worked, but employee overtime from eight (8) to fourteen (14) minutes will be rounded up and counted as a quarter hour of work time. Overtime shall be accrued at a rate of one and one-half times the normal rate of pay with the following exception:
Straight time pay shall be paid when an employee is sent to a training institution/class and is relieved of normal duties during the training period.
Authorization
All overtime requests must have the prior written authorization of a supervisor or his/her designee prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. "Cuff-Time" Compensatory Time
In lieu of being paid cash for overtime, an employee required to perform work in excess of 40 hours in a standard seven day work period may elect to take "Cuff-Time"/Compensatory Time off during the same work week in which the overtime is earned. Cuff-Time may not be accrued outside of the week in which it is earned and if not taken off on an hour for hour basis will be converted to cash at the rate of one and one-half times the employee's applicable rate of pay as defined by Fair Labor Standards Act (FLSA).
Regular Rate of Pay
For purposes of computing overtime under the provisions of the Fair Labor Standards Act (FLSA), all employees required to perform in excess of 40 hours during the seven-day work period shall be compensated at the rate of time and one-half of his/her regular rate of pay.
Compensatory Time
In lieu of being paid cash for accrued overtime, an employee may elect to bank compensatory time off at the rate of time and one-half for overtime worked with the following exception:
The total accrual of compensatory time shall not exceed 104 hours (69 hours of overtime worked calculated at time and one-half).
Any compensatory time earned in excess of the 104-hour limit shall be paid off in cash at the rate of time and one-half at the applicable rate of pay. This shall occur during the last pay period ending in the calendar year.
An employee may take his/her compensatory time off at any time during the year, except as it relates to Section F7 below, contingent upon determination by his/her Department Head or immediate Supervisor that such absence will not materially affect the Department and that the time will be scheduled in the same manner as prescribed for vacation time. Each employee must consider the needs of the department when requesting compensatory time off and shall provide as much notice in advance as possible of the day(s) which he/she is requesting time off.
In no instance may the City require that an employee take compensatory time off in lieu of overtime compensation.
An employee may request in writing to convert any accumulated compensatory hours to salary compensation.
All employees shall have converted to salary compensation those hours remaining in their account. This shall occur during the last pay period ending in the calendar year. No employee shall be allowed to carry over any compensatory hours to the next calendar year.
No employee will be entitled to take or convert to cash any compensatory time during the same pay period in which disciplinary action is imposed.
Paid Leave Exclusions
In determining an employee's eligibility for overtime compensation in a work period, some paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked.
Paid leave of absences that shall be included in the total hours worked are:
Vacation
Holiday Leave
Paid leave of absences that shall be excluded from the total hours worked include, but are not limited to the following:
Sick Leave
Administrative Leave
Compensatory Time Off
Jury Duty
Workers Compensation Leave
Bereavement Leave
Military Leave
Notwithstanding the provisions of Section E above, the following types of overtime shall be compensated at time and one-half, irrespective of any paid leave exclusions and irrespective of the total number of hours otherwise worked in a work period:
Assigned Overtime: Instances where an employee is ordered or assigned to work overtime by a Supervisor.
As defined elsewhere in this Agreement.
Out of Classification Overtime
Employees working out of classification as a management exempt employee shall not receive overtime compensation for duties performed as an exempt employee.
CALL BACK PAY
General Policy
Call back duty occurs when an employee is unexpectedly ordered by the department to return to duty, following the termination of his/her normal work shift, because of unanticipated work requirements. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift.
Compensation
An employee called back to duty shall be paid a minimum of two (2) hours compensation at the overtime rate commencing when he/she reports for duty. Any hours worked in excess of two (2) hours shall be compensated at the overtime rate for actual time worked.
STANDBY PAY
General Policy
When an employee is required to be available for immediate emergency call back at times when the employee is not otherwise on duty, the employee may leave a telephone number where he/she may be reached while on standby. Such time is not considered hours worked under the FLSA.
Compensation
An employee designated on “First Call” will be compensated $40.00 per weekday standby shift, $50.00 per weekend standby shift (Dispatcher/Jailers’ scheduled days off shall be considered their “weekend”) and $55.00 per holiday standby shift. Such compensation shall not be counted toward total hours worked for purposes of calculating overtime.
An employee designated on “Second Call” shall be compensated $35.00 per weekday standby shift, $45.00 per weekend standby shift and $50.00 per holiday standby shift. Such compensation shall not be counted toward total hours worked for purposes of calculating overtime.
STANDBY SHIFT HOURS
General Policy
All employees shall, during the period that they are scheduled for such duty, perform such services as may be designated by their respective superintendent, supervisor, or the City Manager, and shall be available and able at all times during the duty shifts to perform emergency work. Methods of communication with an employee performing standby duty (other than telephone) may be agreed upon by the Department Head or his designee and the employee. The City Manager or Department Head may need to change the specified hours as outlined below to accommodate an alternate work schedule.
Weekday Shift
A weekday standby shift is hereby established and defined as the period extending from the hours after the close of regular business to the beginning of regular business the following day.
Weekend Shift
A weekend standby shift is hereby established and defined as the period extending from the close of regular business on Friday to the beginning of regular business on Monday and holidays.
Overtime Credit
No overtime credit shall be accrued to employees working standby shifts. However, the call back duty provisions as provided in this Agreement apply when an employee on standby is actually required to return to work.
SHIFT DIFFERENTIAL PAY
Shift Differential Pay for special program assignments scheduled between the hours of 7:00 p.m. and 7:00 a.m. shall be a minimum of five percent (5%) of the basic hourly rate and in no event shall be less than 75 cents per hour.
The parties agree that Shift Differential Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3)Special Assignment Pay.
COURT STANDBY
Court Alert Pay
An employee who, while off duty, is on court standby status may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked under FLSA.
An employee on court standby shall receive two (2) hours of compensation at time and one-half for awaiting a call to court between 8:00 a.m. and 12:00 noon, and two (2) hours of compensation at time and one-half for awaiting a call to court after 1:01 p.m.
Travel time to and from the court shall not be considered hours worked and shall not be compensated in any manner whatsoever.
Payments made under this provision shall not count towards hours worked for purpose of the FLSA.
Court Pay
Court Pay is intended to compensate Dispatcher/Jailers for time spent in court during their off-duty hours.
When a Dispatcher/Jailer is physically called to court, he/she shall receive compensation at time and one-half for time actually spent in court.
Court Pay shall be a minimum of two (2) hours. Any pay for time spent in court over two (2) hours shall be for the actual time spent in court.
DISPATCHER/JAILER TRAINING PAY
A maximum of two Dispatcher/Jailers, during any one pay period, shall be eligible to receive 5.0% training pay differential above their base salary rate in recognition of providing formal training for probationary Dispatcher/Jailers. The duration of the formal training period will be established by Police Department management.
The parties agree that Dispatcher/Jailer Training Pay for the above assignments is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3)Special Assignment Pay.
TRAINING PAY
Employees who, as defined by their established job descriptions are not responsible to train new employees, will be eligible to receive 5.0% training pay differential above their base salary rate in recognition of providing formal training to a new employee. Training pay will be available, upon Department Head approval, for a maximum of six (6) months. Supervisors and lead workers are not eligible for training pay.
The parties agree that Training Pay for the above assignments is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay.
ACTING PAY
Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that which the employee currently holds, the employee shall be compensated for that acting role after serving 15 consecutive working days in the higher classification.
During the term of this memorandum of understanding, should any recognized Signal Hill bargaining unit reach a signed agreement that results in a reduced number of consecutive working days required before receiving acting pay than provided to members of the SHEA, the City agrees to accordingly adjust the consecutive working days required of SHEA to an equivalent amount.
The parties agree that Acting Pay is special compensation and shall be reported as such to CalPERS for "classic members", to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.
BILINGUAL PAY
Subject to the conditions of this Section, employee(s) who, in the course of their regular job duties, may be required to speak and understand Spanish or Southeast Asian languages or translate such languages to English on a regular basis, will be compensated by adding $100.00 to their monthly base pay. Said additional compensation shall be for bilingual skills.
An employee may apply for bilingual pay at any time and will be responsible for initiating a written request to the Personnel Officer. All requests shall be subject to the approval of the employee’s department head and only those classifications and assignments that are determined to reasonably utilize bilingual skills on a regular basis, shall be considered. A maximum of fourteen (14) employees may receive bilingual pay at any given time in the fiscal year. There will be a minimum of three (3) employees at City Hall, three (3) employees in the City Yard, three (3) employees in the Police Department and three (3) employees in the Library.
The Personnel Officer shall ensure that the appropriate competency testing is performed to certify the employee as eligible for bilingual pay based on the employee’s basic bilingual skills proficiency. Such certification shall be a condition to qualify for bilingual pay.
An employee who becomes certified to receive bilingual pay shall be compensated with said pay effective the beginning of the first pay period immediately following certification. The Personnel Officer shall be responsible for processing the appropriate forms for additional pay.
In the event an employee is not successful in passing such competency testing to qualify for bilingual pay, said employee may re-apply for eligibility at least three (3) months after the testing.
If it is determined that the employee is no longer utilizing bilingual skills on a regular basis due to disability (more than one month), extended leave of absence, or other similar circumstance prohibiting utilization of such bilingual skills, bilingual pay will cease at the beginning of the payroll period immediately following said date. Such determinations shall be made by the Personnel Officer in conjunction with the employee’s department head.
The parties agree that Bilingual Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR 571(a)(4) and 571.1(b)(3) Bilingual Pay.
LONGEVITY PAY: DISPATCHER / JAILER
Effective the first full pay period that includes July 1, 2024, employees in the position of Dispatcher / Jailer who have completed full-time service with the City shall be eligible for Longevity Pay as follows:
5 years = $100 per month
10 years = $200 per month
15 years = $300 per month
20 years = $400 per month
LONGEVITY ONE-TIME LUMP SUM PAYMENT
Effective July 1, 2024, employees who complete the milestone years of full-time service with the City of Signal Hill listed below, shall be eligible to receive a one-time lump sum payment on the first full pay period following the anniversary date of the milestone as follows:
5 years = $500
10 years = $700
15 years = $800
20 years = $1000
The longevity milestone one-time lump sum payment will be in lieu of monetary award outlined in the Employee Recognition Programs Policy, Section C. Years of Service Award Program.
WAGES AND BASIC COMPENSATION PLAN
Equity Adjustment
Effective the first full pay period that includes July 1, 2024, the following job classifications will receive a median market equity adjustment based upon the 2024 Salary Survey. Impacted employees will be kept at grade (i.e., if they are currently a C-step, they will remain a C-step in the new range.) Position
% Increase
Accountant
4%
Account Specialist
1.1%
Account Specialist II
3.1%
Assistant Engineer
1.8%
Assistant Planner
3.5%
Associate Engineer
2.8%
Associate Planner
0.1%
City Librarian
5.3%
Communications Officer
9.4%
Community Services Supervisor
2.4%
Dispatcher/Jailer
7.2%
Emergency Management Coordinator
11.1%
Engineering Technician I
7.6%
Engineering Technician II
9.9%
Equipment Mechanic
2.3%
Fleet Mechanic
1.9%
Fleet Services Supervisor
7.8%
Librarian
3%
Library Assistant
13.8%
Maintenance Worker
3%
Management Assistant
4%
Police Records Clerk
3.2%
Police Records Supervisor
2.4%
Principal Building Inspector
3.2%
Public Works Inspector
6.3%
Public Works Maintenance Supervisor
5.7%
Recreation Coordinator
3%
Recreation Supervisor
2.4%
Senior Account Specialist
2.3%
Senior Building Inspector
1.5%
Senior Maintenance Worker
1.5%
Water Maintenance Worker II
1.3%
Water Systems Operator I
0.4%
Water Systems Operator II
2.6%
Water Systems Superintendent
2.9%
Salary Increases
Employees in classifications covered by this Memorandum of Understanding shall receive the following pay increases based on the following pay range adjustments:
Effective the first full pay period that includes July 1, 2024, all employees will receive a two percent (2.0%) Cost of Living Adjustment (COLA) adjustment to base salary only.
Effective the first full pay period that includes July 1, 2025, all employees will receive a four percent (4.0%) COLA adjustment to base salary only.
Effective the first full pay period that includes July 1, 2026, all employees will receive a three percent (3.0%) COLA adjustment to base salary only.
RETIREMENT PLAN
Every employee in the competitive service shall participate in the Public Employees' Retirement System retirement plan as adopted by the City Council. Participation in the retirement plan continues until the employee terminates employment with the City for any reason, and shall then cease under the terms of said plan.
Effective July 1, 1998, the City provides one-year (1) final compensation to determine the average monthly pay rate when calculating retirement benefits.
Effective January 1, 2001, the City amended its contract with the Public Employees’ Retirement System (PERS) to provide the 2%@55 retirement formula.
Effective June 19, 2010, the City’s contract with the Public Employees Retirement System was amended to provide the 2%@60 retirement formula to all new employees. All employees hired after June 19, 2010 and prior to January 1, 2012, will qualify for the 2%@60 retirement formula. In addition, employees hired after January 1, 2012 who are designated by the California Public Employees Retirement System (CalPERS) as “classic” employees will be enrolled in the 2%@60 retirement formula.
Effective upon adoption of the California Public Employees’ Retirement System (CalPERS) employee personal retirement contribution resolution, the City will pay zero percent (0%) of the employee’s personal retirement contribution in addition to the normal employer contribution for those employees enrolled in the 2%@55 retirement formula and those employees hired before January 1, 2012 and enrolled in the 2%@60 retirement formula. The employee will pay the full seven percentage points (7%) of the employee’s personal retirement contribution.
Employees enrolled in the 2%@55 retirement formula will contribute four percent (4%) of the total seven percent (7%) via a pre-tax payroll deduction. For the remaining three percent (3%) contribution, the employee may elect to take any one or a combination of the following payment options that result in an equivalent contribution of three percent (3%) of their salary: a pre-tax payroll deduction or vacation accrual reduction equivalent to a maximum of one percent (1%) of their salary, i.e. a maximum of 20 hours.
Employees hired on or after June 19, 2010 and enrolled in the 2%@60 retirement formula will contribute three percent (3%) of the total seven percent (7%) via a pre-tax payroll deduction. For the remaining 4% contribution, the employee may elect to take any one or a combination of the following payment options that result in an equivalent contribution of four percent (4%) of their salary: a pre-tax payroll deduction or vacation accrual reduction equivalent to a maximum of one percent (1%) of their salary, i.e., a maximum of 20 hours.
The employee will be able to select one option before the beginning of the next calendar year. This election will be in effect for the entire calendar year.
Effective upon adoption of the CalPERS employee personal retirement contribution resolution, the City will pay zero percent (0%) of the employee’s personal retirement contribution in addition to the normal employer contribution for those employees hired on or after January 1, 2012 and enrolled in the 2%@60 retirement formula. The employee will pay seven percentage points (7%) of the employee’s personal retirement contribution. The total contribution shall be a pre-tax payroll deduction.
Effective January 1, 2013, the City’s contract with the Public Employees’ Retirement System was amended pursuant to the Public Employees’ Pension Reform Act (PEPRA) to provide the 2%@62 retirement formula to all new City employees who had not previously been members of the CalPERS system or whose employment with a CalPERS agency had been more than 180 days prior to their date of hire with the City. Employees under the 2%@62 retirement formula will pay one half of the normal cost of the retirement benefit. The normal cost will be provided annually by CalPERS and is subject to change. The employee half of the normal cost is not to exceed 8%. The total employee contribution will be a pre-tax payroll deduction.
All pension benefits and criteria established by PEPRA will apply to those employees hired under the 2%@62 retirement formula.
HEALTH CARE COVERAGE – ACTIVE EMPLOYEES
CalPERS PEMHCA Program
The City is enrolled in CalPERS Medical in accordance with the Public Employees’ Medical and Hospital Care Act (PEMHCA).
The City shall contribute on behalf of each employee the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program on behalf of each full-time, probationary, regular and interim miscellaneous employee (“qualifying employee”). As the mandated minimum is increased, the City shall make the appropriate adjustments.
City Contribution Amount Including PEMHCA Employer Mandated Contributions The City will contribute an amount, including the PEMHCA Employer Mandated Contributions for each full-time, probationary, regular and interim miscellaneous employee (“qualifying employee”), elected official, and management employee for health insurance as follows:
Effective January 1, 2025, each qualifying employee, shall receive $1,200 per month toward the health benefit plan. If a qualifying employee’s medical, dental, and/or vision premiums exceed $1,200, they will receive up to an additional $750, for a total of $1,950 per month, the maximum City contribution. If they do not need the additional $750 for medical, dental, or vision premiums, they will not receive it. 25% of the additional $750 will not be available for deferred compensation or to purchase optional benefits. Under no circumstances may an employee, elected official, or management employee receive cash.
Effective January 1, 2026, each qualifying employee, shall receive $1,200 per month toward the health benefit plan. If a qualifying employee’s, elected official’s or management employee’s medical, dental, and/or vision premiums exceed $1,200, they will receive up to an additional $800, for a total of $2,000 per month, the maximum City contribution. If they do not need the additional $800 for medical, dental, or vision premiums, they will not receive it. 25% of the additional $800 will not be available for deferred compensation or to purchase optional benefits. Under no circumstances may an employee receive cash.
Effective January 1, 2027, each qualifying employee, shall receive $1,200 per month toward the health benefit plan. If a qualifying employee’s medical, dental, and/or vision premiums exceed $1,200, they will receive up to an additional $850, for a total of $2,050 per month, the maximum City contribution. If they do not need the additional $850 for medical, dental, or vision premiums, they will not receive it. 25% of the additional $850 will not be available for deferred compensation or to purchase optional benefits. Under no circumstances may an employee receive cash.
Health Benefit Plan
A qualifying employee may select health insurance coverage from among those plans offered by the City.
Should the City contribution be insufficient to pay the monthly premium, the deficit shall be paid through employee contributions made by payroll deductions from the next payroll.
A qualifying employee may utilize seventy-five percent (75%) of the balance between the cost of a health plan premium and the City contribution for “other benefits” offered in a partial cafeteria plan as determined by the City. The remaining twenty-five percent (25%) will go back to the City’s General Fund. Under no circumstances may an employee receive cash. Should the employee portion of the balance be insufficient to pay one hundred percent (100%) of the cost of selected “other benefits”, the deficit shall be paid through employee contributions made by payroll deductions.
The City agrees to permit an employee to withdraw from the City health insurance coverage as follows:
The employee must provide written proof to the Personnel Department on a semi-annual basis that the employee is covered by another health plan.
The employee must notify the City during the open
enrollment period.
An employee who is qualified to withdraw from the medical plan may utilize seventy-five percent (75%) of the City contribution for “other benefits” offered in the partial cafeteria plan. All such benefits are administered by an outside third party administrator or trustee as set forth in the plan or benefit documents. The City may offer retirement, old age, life, accident, or health insurance or similar benefits as “other benefits.” Under no circumstances may an employee receive cash.
RETIREE HEALTH INSURANCE/OPEB CONTRIBUTION
All miscellaneous classified employees will be required to contribute an amount equivalent to 1% of the annual salary towards the City’s retiree health obligation/Other Post-Employment Benefits (OPEB) obligation. The employee may elect to take a payroll deduction equivalent to one percent (1%) of their salary or elect to reduce their vacation accrual by an amount equivalent to one percent (1%) of their salary. The employee will be able to select one option before the beginning of the next calendar year. This election will be in effect for the entire calendar year.
Employee contributions to OPEB are not portable or refundable upon the employee’s separation from the City.
HEALTH COVERAGE – RETIREES
CalPERS PEMHCA Program
Under the Public Employees Medical and Hospital Care Act (PEMHCA), employees who retire from employment with an agency that contracts with CalPERS for medical insurance will have access to CalPERS medical insurance plans as retirees.
For employees vested in CalPERS at the time of retirement, the City will contribute the PEMHCA minimum employer contribution. Payment for the remainder of the monthly insurance premiums for the medical plan selected under CalPERS shall be the retiree’s responsibility; the remainder of the monthly premium for the CalPERS medical plan will be automatically deducted by CalPERS from the retiree’s pension check.
The PEMHCA minimum employer contribution is adjusted annually by CalPERS based upon the medical care component of the Consumer Price Index-Urban (CPI-U). The PEMHCA minimum employer contribution$157 per month in 2024 and $158 per month in 2025.
This City contribution towards retiree medical insurance only applies for retirees who qualify under PEMHCA and are enrolled in a CalPERS medical plan; retirees who do not enroll in a CalPERS medical plan will not receive this contribution.
Additional Monthly Retiree Health Benefit Amount Including PEMHCA Employer Mandated Contributions Each qualifying retiree may receive an additional monthly benefit, if needed, from the City, up to $885 maximum per month (including the PEMHCA minimum), for health insurance premiums of health plans enrolled with CalPERS.
The specific level of the additional benefit for each retiree shall be based on their date of hire and years of service as set forth below and summarized in the following chart:
SHEA
HIRE DATE
RETIREE HEALTH MONTHLY BENEFIT (INCLUDES PEMHCA Minimum)
YEARS OF SERVICE
== >
< 5 YOS PERS VESTED
5-10 YOS
11-15 YOS
16+ YOS
20+ YOS
Before Jan. 1,
2006
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Jan. 1, 2006 –
April 6, 2010
(City Vested Years of Service
+ 50% of Combined Service with Another PERS Agency)
PEMHCA
Minimum Retiree Only
Up to 50% of monthly Retiree benefit Retiree Only
Up to 75% of monthly Retiree benefit Retiree Only
Up to $885 Retiree +1 Dependent
coverage must be in effect upon date of retirement
Up to $885 Retiree +1 Dependent
coverage must be in effect upon date of retirement
April 7, 2010 - Later
No Benefits; Unless with Prior Vested Service with
PERS then PEMCA Minimum Retiree Only
PEMHCA Minimum Retiree Only
Up to 25% of monthly Retiree Benefit Retiree Only
Up to 50% of monthly Retiree benefit Retiree Only
Up to 75% of monthly Retiree benefit Retiree +1 Dependent Coverage must be in effect PERS Approved Disability Retirement Jan. 1, 2006 –
Later
No Benefits
>5 YOS
Up to 50% of monthly Retiree benefit
Retiree Only
>15 YOS
Up to 75% of monthly Retiree benefit Retiree Only
Employees hired between January 1, 2006 and April 6, 2010, and retire on a service retirement, shall receive retiree health benefits in an amount equal to the City paid monthly premium for retirees, based on the following schedule:
Employees with less than 5 years of service with the City, but who are otherwise vested with PERS, would be eligible to receive the PEMHCA minimum mandated by PERS.
Employees with 5-10 years of service (combined City service plus 50% credit for service with another PERS agency), shall be eligible to receive 50% of the monthly benefit applicable towards the employee only.
Employees with 11-15 years of service (combined City service plus 50% credit for service with another PERS agency) shall be eligible to receive 75% of the monthly benefit, applicable towards the employee only.
Employees with 16 or more years of service (combined City service plus 50% credit for service with another PERS agency) shall be eligible to receive 100% of the monthly benefit, applicable towards the employee and one dependent provided that employee plus one dependent coverage was in effect upon the date of retirement.
Employees who retire on a PERS disability retirement with a minimum of 5 years of full-time service with the City of Signal Hill shall be eligible to receive 50% of the then current monthly benefit for employee only. After 15 years of service, the employee shall be eligible to receive 75% of the then current monthly benefit for employee only.
Under no circumstances shall an employee receive cash in lieu of benefits.
Employees hired after April 6, 2010and retire on a service retirement, shall receive retiree health benefits in an amount equal to the City paid monthly premium for retirees, based on the following schedule:
Employees with less than 5 years of service with the City, and no prior service in another CalPERS agency, shall not be eligible to receive a City contribution and/or participate in the retiree health program.
Employees with less than 5 years of service with the City who are otherwise vested with PERS, shall be eligible to receive the PERS minimum contribution, applicable towards the employee only.
Employees with 5-10 years of service with the City shall be eligible to receive the PERS minimum contribution, applicable towards the employee only.
Employees with 11-15 years of service with the City shall be eligible to receive 25% of the monthly benefit, applicable towards the employee only.
Employees with 16 - 19 years of service with the City shall be eligible to receive 50% of the monthly benefit, applicable towards the employee only.
Employees with 20 or more years of service with the City shall be eligible to receive 75% of the monthly benefit, applicable towards the employee and one dependent provided that employee plus one dependent coverage was in effect upon the date of retirement.
A qualifying retiree may not participate in the partial cafeteria plan. The balance between the cost of a health plan and the City contribution will go back to the City’s general fund.
During the term of this MOU, the City will hire an actuary to conduct a study on the costs related to offering an alternative Retirement Health Savings Program/Alternative Retiree Medical Plan to replace the existing Retiree Health Insurance benefit for new employees and those that choose to opt-in. Once the study is completed, the City and the Signal Hill Employees’ Association will meet and confer regarding alternatives. Any changes to the retiree health insurance benefit during the term of the MOU must be by mutual agreement of both parties.
VISION INSURANCE
The City shall pay the monthly premium for a vision plan for each eligible full-time, probationary, regular and interim miscellaneous employee (“qualifying employee”), elected official and management employee. If an employee chooses to enroll their legal dependents in the vision plan they will be responsible to pay the monthly premium costs for those dependents either through payroll deductions or by utilizing any or all of seventy-five (75%) of the balance between the cost of the health plan premium and the City contribution.
The City will contract with its vision insurance provider to allow those employees who retire on or after January 1, 2013 to purchase vision insurance. The retiree will be responsible for 100% of the vision insurance premium. There will be no City contribution. The retiree will be required to pay for the coverage in three month increments and will be solely responsible to ensure payment is received in a timely manner. Failure to pay the premium will result in cancellation of the coverage. Retirees may enroll upon retirement and during the City’s annual open enrollment which generally takes place in September/October.
DENTAL INSURANCE
The City shall contribute $70.00 per month on behalf of each eligible full-time, probationary, regular and interim miscellaneous employee (“qualifying employee”), elected official, and management employee, excluding the Chief of Police, Police Captain and Police Lieutenant(s), toward their monthly dental insurance premium. The contribution shall be used to pay the monthly premiums of the qualifying employee and their lawful dependents. Should the City contribution be insufficient to pay the monthly premium, the deficit shall be paid either through employee contributions made by payroll deductions from the next payroll or the employee may utilize any or all of the fifty percent (50%) balance between the cost of the health plan premium and the City’s health insurance contribution. If the employee’s monthly premium is less than $70.00 per month, 100% of the remaining dental funds will be applied to the employee’s 75% balance between the cost of the health plan premium and the City’s health insurance contribution and may be used for “other benefits” offered by the City. Under no circumstances shall an employee receive cash in lieu of benefits.
The City will contract with its dental insurance provider to allow those employees who retire on or after January 1, 2013 to purchase the Delta Care/PMI dental insurance. The retiree will be responsible for 100% of the dental insurance premium. There will be no City contribution. The retiree will be required to pay for the coverage in three month increments and will be solely responsible to ensure payment is received in a timely manner. Failure to pay the premium will result in cancellation of the coverage. Retirees may enroll upon retirement and during the City’s annual open enrollment which generally takes place in September/October.
LIFE INSURANCE
The City will provide, at the City's expense, the following insurance policies for every full-time employee eligible under this Agreement:
A "basic" Term Life Insurance policy in the amount of
$50,000.
Accidental Death and Dismemberment Insurance policy in the amount of $50,000.
EMPLOYEE ASSISTANCE PROGRAM
The City agrees to provide an Employee Assistance Program (EAP) for employees which includes up to six (6) face to face counseling sessions per issue for each employee and each dependent family member and spouse.
TUITION REIMBURSEMENT PROGRAM
Purpose of Program
In providing the Tuition Reimbursement Program ("TRP"), the City acknowledges the benefits of continuing education for employees and the value of that academic experience to the City. The City and Association also agree that as the education level of employee’s increases beyond that required for a position the benefit of the additional education begins to shift towards the individual employee, affording personal satisfaction, professional development, and other intangible rewards. Based upon these premises, the following Tuition Reimbursement Programs shall be provided by the City.
Tuition Reimbursement Program
Any full-time regular employee, who has successfully completed probation shall be eligible to receive TRP reimbursement for the actual costs of tuition, books, and any required lab or other fees (not including fees for parking or such fees as are required for university or college enrollment generally) for post-high school college, vocational, technical, or other educational courses or classes (simply "educational units") provided such educational units meet the following criteria:
The educational units are related to the employee's job classification; or The educational units are related to the employee's eligibility for promotion from one job classification to another; or
The educational units are related to the employee's pursuit of a job-related college or university degree, technical certification, or professional license, or to any continuing educational requirement of such degree, certificate, or license. This includes general education courses necessary to complete degree requirements for a job-related Associate’s, Bachelor’s or Master’s degree.
Eligibility
The determination of any employee's eligibility to receive TRP reimbursement shall be made by the City's Personnel Officer, in his/her sole and unfettered discretion. The Association acknowledges and agrees that the decision to approve or disapprove TRP reimbursement is not subject to the grievance process, appeal to the Civil Service Commission, appeal to the City Council, or court action.
A qualifying employee shall be paid TRP reimbursement upon satisfaction of each of the following reimbursement conditions:
The employee shall have successfully completed the educational unit. An employee shall be deemed to have successfully completed an educational unit by receiving a letter grade of "C" or better for all educational units for which a letter grade is afforded, by receiving "Pass" for all educational units for which a "Pass/Fail" grade is afforded, or by receiving "Credit" for all educational units for which a "Credit/No Credit" grade is afforded; and The employee shall, within 60 days of completing the coursework, have provided to the Personnel Officer a copy of the official transcript or report card of the educational unit completed; and The employee shall, within 60 days of completing the coursework, have provided to the Personnel Officer verification, to the satisfaction to the Personnel Officer, of enrollment in and payment of the registration or other reimbursable fee(s) for the educational unit, including the actual cost of tuition, books, and any reimbursable fees associated therewith; and The Personnel Officer has independently verified the employee's enrollment and successful completion of the educational unit for which reimbursement is sought.
The maximum TRP reimbursement for any educational unit successfully completed shall be $3,000 per calendar year. This shall include the actual costs of tuition, books, and reimbursable fees.
TRP reimbursement shall be paid to any qualifying employee within 30 calendar days of such employee's satisfaction of all conditions precedent to TRP reimbursement. It shall be the employee's sole and entire obligation to complete all conditions precedent to the City's payment of TRP reimbursement.
In order to be reimbursed for books, a sales receipt must be furnished for the purchased books. Reimbursement for books will not be permitted until proof of successful completion of the course has been furnished.
If an employee leaves the City within 12 months of receiving tuition reimbursement, the employee shall reimburse the City for all monies received in the past 12 months. This amount will be deducted from the employee’s final paycheck.
FLEXIBLE BENEFITS PLAN
The City agrees to participate in an IRS Section 125 Flexible Benefits Plan on a City-wide basis. Under the Plan, the City agrees to provide payroll deductions for those employees participating in the program and make appropriate disbursements to the plan administrators.
The City may terminate its participation at the end of any benefit year, but agrees to provide six (6) months’ notice of such termination to the Association. It is expressly agreed that the provision of a Flexible Benefits Plan is not considered to be a term or condition of employment and may be modified by the Council at any time unilaterally, without meeting and conferring, and the Association waives any rights it may have under the Meyers-Milias-Brown Act.
The City may modify or amend said plan at any time and agrees to notify the Association of any impending modification or amendment prior to its effective date. Notwithstanding the foregoing, the City shall take any actions necessary, with or without the notifications listed above, in situations where required to do so by the Internal Revenue Service.
MILITARY SERVICE CREDITED AS PUBLIC SERVICE
Effective June 30, 1992, the City amended its contract with the Public Employees' Retirement System (P.E.R.S.) to provide the provisions under Government Code Section 20930.3.
TIME OFF FOR EXAMINATIONS
All persons in the competitive service shall be entitled to necessary time off with pay for the purpose of taking qualifying or promotional examinations pertaining to positions in the competitive service of the City.
MEDICAL AND/OR PHYSICAL EXAMINATION
The City may require periodic medical examinations which are narrowly tailored to address specific job related concerns. Additionally, any employee may be required to take and pass a medical, physical, and/or psychological examination when the City Manager has a reasonable belief based on objective evidence that the employee’s ability to perform essential job functions is impaired by a medical condition (including a psychological condition) or the employee will pose a threat due to a medical condition (including a psychological condition). In accordance with applicable law, the City will consider the results of any medical examination to determine the employee’s ability to perform in the assigned position or need for an accommodation, including assignment to a different class.
DISPATCHER/JAILER UNIFORMS
To the point that the position of full-time Dispatcher\Jailer is prescribed to wear a uniform, every full-time Dispatcher\Jailer shall be provided with two(2)new uniforms consisting of a shirt and pants of wash and wear material.
These uniforms are in addition to what is provided administratively which is not a part of this MOU.
DISPATCHER/JAILER PROBATIONARY PERIOD
Dispatcher/Jailers shall serve an eighteen (18) month probationary period.
DISABILITY INSURANCE
Short-Term Disability
The City provides Short-Term Disability Insurance for all employees covered under this Agreement. The City reserves the right to select the insurance carrier, and at a minimum, to provide the following coverage:
Benefit payable at 67% of the disabled employee's weekly earnings to a maximum benefit of $500.
Waiting period of 30 days from date of disability to benefit payment.
Maximum benefit payment period is 60 days or when Long- Term Disability Insurance is in effect, whichever is sooner.
Long-Term Disability
The City provides Long-Term Disability Insurance for all employees covered under this Agreement. The insurance benefit provided shall be as set forth in the summary plan description issued by the insurer. The City reserves exclusive right to determine the insurance carrier and extent of coverage and benefits.
CONFIDENTIAL EMPLOYEES
Broadly defined, a confidential employee is someone who is privy to information leading to discussions of management that affect employee relations. Because of the sensitive nature of information available to them in their positions, and because of the necessity of a higher expectation of discretion in the performance of their duties, the following classifications are designated as "Confidential" and incumbents are precluded from representing SHEA in negotiations:
Management Assistant - one position, assigned to Personnel Office Incumbents of the above classifications do, however, enjoy all other rights and privileges as contained within this Agreement.
EXEMPT NON-MANAGEMENT CLASSIFICATION
The sole exempt classification covered under the terms and conditions of this Agreement is the classification of Executive Assistant/Deputy City Clerk who, pursuant to Resolution No. 86- 02-3762, is considered an at-will employee whose appointment is made by the City Manager with the concurrence of the City Council.
FAIR LABOR STANDARDS ACT
Non-Sworn Employees
The City of Signal Hill hereby acknowledges that the work period is forty hours in a seven-day period.
Training Time
Attendance at training schools/facilities which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of regularly scheduled department approved training time. Any time spent in excess of the regularly scheduled department approved training time will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits are not compensable hours of work even though the employee may be confined to campus or to barracks 24 hours a day.
Travel time to and from the training facility outside the employees normal work shift is not compensable hours of work. Mandatory training as required by the department is compensable for actual time spent in training.
City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored. City vehicles may be assigned or revoked at any time by the City Council, City Manager or Department Head as outlined in Management Functions #19.
Clothes Changing
Uniformed employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each uniformed employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work, as long as the City insignia is covered by a non-City issued garment such as a windbreaker.
PEACEFUL PERFORMANCE
Apart from and in addition to existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its officers, agents or representatives shall incite, encourage, or participate in any strike, walkout, slowdown, speedup, sick out, or other work stoppage during the life of this Agreement for any cause or dispute whatsoever, either with the Association or with any other person or organization.
In the event of work stoppage as enumerated above, the Association, its officers, agents and representatives shall do everything within their power to end or avert the same. Violation hereof will subject violator to legal and equitable judicial relief.
Any employee engaging in or assisting any work stoppage as enumerated above, or refusing to perform duly assigned services in violation of this Article, shall be subject to discipline up to and including termination. The City reserves the right to selectively discipline employees hereunder.
It is understood that violation of this Article by the Association will warrant the withdrawal of any rights, privileges or services provided for in this Agreement and/or legal action by the City for redress and/or damages.
The inclusion of this Article in this Agreement shall in no way be deemed to estop the City from seeking any form of legal, equitable, or administrative relief to which it may be entitled during the term of this Agreement.
MANAGEMENT FUNCTIONS
All management rights and functions except those which are clearly and expressly limited in this Agreement shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to:
Manage the City.
Schedule working hours.
Establish, modify or change work schedules or standards.
Institute changes in procedures.
Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee.
Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof.
Determine services to be rendered.
Determine the layout of buildings and equipment and materials to be used therein.
Determine processes, techniques, methods, and means of performing work.
Determine the size, character and use of inventories.
Determine financial policy including accounting procedure.
Determine the administrative organization of the system.
Determine selection, promotion, or transfer of employees.
Determine the size and characteristics of the work force.
Utilize its absolute and sole right to implement furloughs.
Determine the allocation and assignment of work to employees.
Determine policy affecting the selection of new employees.
Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
Determine administration of discipline.
Determine control and use of City property, materials, and equipment.
Schedule work periods and determine the number and duration of work periods.
Establish, modify, eliminate or enforce rules and regulations.
Place work with outside firms.
Determine the kinds and numbers of personnel necessary.
Determine the methods and means by which such operations are to be conducted.
Require employees, where necessary, to take in-service training courses during working hours.
Determine duties to be included in any job classification.
Determine the necessity of overtime and the amount of overtime required.
Take any necessary action to carry out the mission of the City in cases of an emergency.
Prescribe a uniform to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights of the City is not subject to the Grievance provision unless such dispute is otherwise grievable under another Article of this Agreement.
CONSTRUCTION
Nothing contained in this Agreement, or any attachment thereto, is intended to, in any way, modify, interpret, construe, or change existing or future law which may cover the topic. For purposes of this reference, law shall include the Constitution and all relevant Federal statutes, and all final appellate court decisions on the issue. References contained herein to matters covered by the law are included simply for the purpose of drawing the attention of the parties to legal requirements related to City employees and the government of the City.
FULL UNDERSTANDING, MODIFICATIONS, WAIVER
It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
MAINTENANCE OF BENEFITS
It is agreed that no member of the Association by virtue of the adoption of this Agreement shall suffer a reduction in wages, hours and/or working conditions, except as specifically provided for and mutually agreed to in this Agreement. All existing ordinances, resolutions and policies of the City pertaining to employment relationship, shall remain in full force and effect, except that where City Policy is modified by this Agreement, this Agreement shall take precedence.
GRIEVANCE PROCEDURE
Matters Subject to Grievance Procedure
A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation, or misapplication of the specific provisions of the Agreement and/or provisions of Chapter 2.80 of the Municipal Code, known as the Civil Service System. To challenge or change the policies of the City as set forth in the rules and regulations, procedures must be undertaken under separate legal processes. Other matters for which a special method of review is provided by law, ordinance, resolution or by administrative regulations and procedures of this City, are not within the scope of this procedure.
Grievance Procedure
Informal Resolution. Within ten (10) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor. Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances be settled quietly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance.
Every effort should be made to find an acceptable solution at the lowest level of supervision.
If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answer from his/her supervisor, request and be granted an interview with the division head, if one exists, in order to discuss the grievance.
If the division head and employee cannot reach a solution to the grievance, the employee may, within seven (7) calendar days from the date of receiving the answer from the division head, request in writing and be granted an interview with the department head.
The department head shall render his/her decision in writing within 15 calendar days of receiving the appeal. If the department head and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the decision by the department head, submit a written appeal to the City Manager.
The City Manager shall review the grievance and respond to the employee within twenty (20) calendar days of receiving the appeal. The response shall be in writing and will be considered an expression of management's viewpoint, and shall be final.
If the time limit at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. Employees shall be assured freedom from reprisal for using the grievance procedures.
APPEAL HEARING TRANSCRIPTS
If an employee appeals a disciplinary action before the Civil Service Commission, the City shall provide the services of a court reporter to transcribe the hearing. Either party may request that written transcripts of the hearing be prepared. The requesting party will be responsible for the cost of the written transcripts.
SAVINGS CLAUSE
This Agreement is subject to all applicable Federal, State and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City's Civil Service Commission. If any part or provision of this Agreement is in conflict or inconsistent with such applicable provisions of Federal, State, or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Agreement shall not be affected thereby.
CARLO TOMAINO
CITY MANAGER
PATRICIA AHUMADA
HUMAN RESOURCES MANAGER
SHARON DEL ROSARIO DIRECTOR OF FINANCE
YVETTE AGUILAR
PARKS, RECREATION & LIBRARY SERVICES DIRECTOR
PHYLLIS THORNE
SIGNAL HILL EMPLOYEES’ ASSOCIATION (SHEA) PRESIDENT
CARLY FISHER
SIGNAL HILL EMPLOYEES’ ASSOCIATION (SHEA) VICE PRESIDENT
MAURICE GOMEZ
SHEA TRUSTEE
Ratified by the Signal Hill City Council on the 11th day of June, 2024.
MAYOR
ATTEST:
CITY CLERK
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