CITY OF SIMI VALLEY
MEMORANDUM
December 1, 2025
TO: City Council
Board of Directors, Ventura County Waterworks District No. 8
FROM: Office of the City Manager
Luis Garibay, Assistant City Manager
SUBJECT: Consideration of the proposed revisions to the terms and conditions of employment of the Memorandum of Agreement with the Service Employees International Union, Local 721
Staff Recommendation
It is requested that the City Council/Board of Directors:
1. Consider the proposed revisions to the terms and conditions of the Memorandum of Agreement (MOA) with General Unit employees represented by the Service Employees International Union, Local 721 (SEIU) as presented, and give the public an opportunity to provide input prior to making a final determination on the MO A; and
2. Place this matter on the agenda for December 15, 2025, for final determination on the proposed MOA.
Background
The current MO A with SEIU expired on June 30, 202 5. City staff and General Unit employees have met and conferred on revised terms and conditions to the current MO A (Attachment A) and have reached a three-year agreement with a series of three percent (3%) salary and pay range increases implemented over the term of the agreement, along with other market rate adjustments implemented in four phases, and other pay and benefit enhancements. In accordance with the adopted Policies and Procedures for Negotiations (Attachment B), the modified terms and conditions agreed to in a tentative agreement are being presented to the City Council and Board of Directors to provide transparency and solicit public consideration and comment before placing the matter on the agenda for final approval of the agreement at the December 15, 2025, City Council and Board of Directors meeting.
The policy goals communicated to the City’s negotiations team by the City Council included recognizing employees ’ commitment and dedication to the City by providing a compensation increase, within budget authority , to begin to address salary parity with other local jurisdictions, and to assist with retention of current employees and recruitment of new employees. The Parties reached an agreement to provide a strategy to bring salaries up to market during the term of this MOA.
AGENDA ITEM NO.
9A
2 Discussion
As a result of the meet and confer process with SEIU representatives, t he proposed agreement focuses on salary increases, salary range adjustments, and enhanced benefits. In addition, clarifying language was added, outdated language was removed, and current practices were updated. The full redlined version of the MOA can be found in Attachment A, however, some of the major changes include:
• Term of agreement shall be effective from July 1, 2025, through June 30, 2028. • Effective with the paycheck on January 16, 2026, the City will include a one-time lump-sum payment of $1,000 to each regular-status employee. • Effective with the first full pay period following Council /District adoption (the pay period from December 29, 2025, to January 11, 2026), a salary increase of 3% will be implemented, affecting all pay scales and corresponding pay rates for General Unit employees.
• Effective July 13, 2026, a salary increase of 3% will be implemented, affecting all pay scales and corresponding pay rates for General Unit employees. • Effective July 12, 2027, a salary increase of 3% will be implemented, affecting all pay scales and corresponding pay rates for General Unit employees. • Adjustments related to the City’s Total Compensation Study to bring salary ranges up to Market Median (Total Compensation including salary, insurance, and other economic benefits, excluding pension), done in four increments on the following dates: June 29, 2026, June 28, 2027, June 26, 2028, and October 2, 2028. • Clarifications to the implementation and calculation of pay related to “standby” time, including standby overtime.
• Addition of language from previously approved Side Letters of Agreement pertaining to holiday pay, bilingual pay, police dispatcher night shift pay, and uniforms for police records staff.
• Increases in boot allowance, tuition reimbursement caps, and overtime meal allowance.
• The Simi Flex amount will increase to a flat rate of $2,406 per month for the 2026, 2027, and 2028 Plan Years, with no changes to the opt-out amount. • Minor changes to the list of classifications that are provided uniforms and boots to match current practice.
It is recommended that the City Council/Board of Directors consider the proposed revisions to the terms and conditions of the MOA with SEIU and place this matter on the agenda for the December 15, 2025, City Council meeting for final determination.
Financial Impact
The total contract cost over the three- year term is estimated at $5,911,766 and will be funded out of the following funds: General, Transit, Water , Housing Successor Agency, and Workers’ Compensation. The total Year 1 cost is estimated at $1,457,091.
Approximately $378,844, or 26% of the total Year 1 cost, will be funded by personnel savings realized from vacancies. Available funds from the General Fund fund balance will be used to cover the remaining $1,078,247 Year 1 cost.
3 The costs for Years 2 and 3 will be included in the City and District’s operating budgets as part of the annual budget process for the City Council's and the Board of Directors’ consideration.
City Council Priority
This item supports the City Council’s Pillars of Excellence for Excellent City Governments as outlined in the City Council priorities. The proposed terms and conditions for the SEIU group further address the City’s Focus Area Goal to ensure more competitive compensation for City staff.
Suggested Motion
I move to:
1. Consider the proposed revisions to the terms and conditions of the MOA with SEIU as presented, and allow the public an opportunity to provide input prior to making a final determination on the MOA;
2. Place this matter on the December 15, 2025 , City Council/Board of Directors meeting agenda for final determination on the proposed MOA;
Summary
The current MOA with SEIU expired on June 30, 2025. City staff and General Unit employees have met and conferred on revised terms and conditions to the current MOA and have reached a three-year agreement with a series of three percent (3%) salary and pay r ange increases implemented over the term of the agreement, along with other market rate salary range adjustments, and other pay and benefit enhancements. The City has maintained a balanced budget and has identified funds to cover Year 1 of the proposed MOA package, and proposes to include the Year 2 and 3 costs as part of the annual budgeting process. It is recommended that the City Council consider the proposed revisions to the terms and conditions of the MOA and place this matter on the agenda for December 15, 2025, for final determination on the proposed MOA.
Prepared by: Shannon Nash, Senior Human Resources Analyst
Attachment:
Attachment A – Draft Memorandum of Agreement with SEIU
Attachment B – Guiding Principles, Policies, and Procedures for Negotiations with Recognized Employee Organizations
Attachment A
C
OMPREHENSIVE
M
EMORANDUM
OF
A
GREEMENT
B
ETWEEN
C
ITY OF SIMI VALLEY
AND T
HE
SER
VICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 721
APRIL 24, 2023JULY 1, 2025 THROUGH JUNE 30,
20252028
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SEIU MOA 4/24/23 – 6/30/257/1/25-6/30/28 Resolution 2023-162025-39
CO MPREHENSIVE MEMORANDUM OF AGREEMENT
TABLE OF CONTENTS
PAG E
SECTION I RECOGNITION .......................................................................................... 1 ARTICLE 1. – PURPOSE .................................................................................... 1 ARTICLE 2. - TERM .......................................................................................... 1 ARTICLE 3. - INTEGRATION ................................................................................ 1 ARTICLE 4. - CONCLUSIVENESS .......................................................................... 1 ARTICLE 5. - SAVINGS CLAUSE ........................................................................... 2 ARTICLE 6. - MODIFICATION AND WAIVER .............................................................. 2 ARTICLE 7. - NON-DISCRIMINATION ...................................................................... 2 ARTICLE 8. - MANAGEMENT RIGHTS ..................................................................... 2 ARTICLE 9. - CONFIDENTIAL EMPLOYEES - RESTRICTED ............................................. 3 ARTICLE 10. - COVERAGE ................................................................................. 3 ARTICLE 11. – SUPPLEMENTAL TRANSIT SERVICES .................................................. 3 SECTION II UNION BUSINESS..................................................................................... 5 ARTICLE 1. - PAYROLL DEDUCTION ...................................................................... 5 ARTICLE 2. - ACCESS TO WORK LOCATIONS ........................................................... 5 ARTICLE 3. - BULLETIN BOARDS .......................................................................... 5 ARTICLE 4. - RELEASE-TIME FOR UNION BUSINESS .................................................. 5 ARTICLE 5. - NO-STRIKE CLAUSE ........................................................................ 6 ARTICLE 6. - REGULARLY SCHEDULED UNION-MANAGEMENT MEETINGS ......................... 6 ARTICLE 7. - UNION REPRESENTATION ................................................................. 7 ARTICLE 8. – DUES DEDUCTION, COMMITTEE ON POLITICAL EDUCATION (COPE), AND INDEMNIFICATION ...................................................................................... 7 ARTICLE 9. – NEW EMPLOYEE ORIENTATION .......................................................... 7 SECTION III SALARIED COMPENSATION ................................................................... 9 ARTICLE 1. - SALARY COMPENSATION .................................................................. 9 ARTICLE 2. - INEQUITY ADJUSTMENTS .................................................................. 9 ARTICLE 3. - SALARY SCHEDULE ......................................................................... 9 ARTICLE 4. - MERIT SALARY INCREASES ............................................................... 9 ARTICLE 5. - STANDBY PAY .............................................................................. 10 ARTICLE 6. - BILINGUAL PAY ............................................................................. 10 ARTICLE 7. - CALL BACK PAY ............................................................................ 11 ARTICLE 8. - CREW LEADER/LEAD WORKER ASSIGNMENT PAY ................................... 11 ARTICLE 9. – POLICE DISPATCHER TRAINER PAY .................................................... 12 ARTICLE 10. - OVERTIME PAY ........................................................................... 12 ARTICLE 11. - OVERTIME MEAL ALLOWANCE REIMBURSEMENT ................................... 12 ARTICLE 12. - OVERTIME COMPUTATION .............................................................. 12 ARTICLE 13. - COMPENSATORY TIME OFF ............................................................ 12 ARTICLE 14. - HOLIDAY PAY ............................................................................. 13 ARTICLE 15. - PROBATIONARY SALARY INCREASES ................................................. 13 ARTICLE 16. - CERTIFICATES AND LICENSES .......................................................... 13 ARTICLE 17. - SALARY AND BENEFIT SURVEY ........................................................ 14 5 iii
SEIU MOA 4/24/23 – 6/30/257/1/25-6/30/28 Resolution 2023-162025-39 ARTICLE 18. - JURY AND WITNESS DUTY .............................................................. 14 ARTICLE 19 –OFF DUTY CONTACT PAY ............................................................... 17 ARTICLE 20 – POLICE DISPATCHER NIGHT SHIFT DIFFERENTIAL PAY ............................ 17 ARTICLE 21 – COMPENSATION STUDY ................................................................. 17 SECTION IV BENEFITS ................................................................................................ 19 ARTICLE 1. - RETIREMENT ................................................................................ 19 ARTICLE 2. – PEPRA AND TRANSIT EMPLOYEES .................................................... 21 ARTICLE 3. - HOLIDAYS ................................................................................... 21 ARTICLE 4. - MEDICAL, DENTAL AND VISION CARE INSURANCE ................................... 22 ARTICLE 5. - RETIREE MEDICAL INSURANCE .......................................................... 25 ARTICLE 6. - LIFE INSURANCE ........................................................................... 28 ARTICLE 7. - IRS SECTION 125 PLAN .................................................................. 28 ARTICLE 8. - STATE DISABILITY INSURANCE ........................................................... 28 ARTICLE 9. - INDUSTRIAL SICK LEAVE .................................................................. 28 ARTICLE 10. - EMPLOYEE ASSISTANCE PROGRAM ................................................... 28 ARTICLE 11. - EMPLOYEE ATTIRE ....................................................................... 28 ARTICLE 12. - SAFETY BOOT/FOOTWEAR ALLOWANCE ............................................. 28 ARTICLE 13. - ANNUAL LEAVE ........................................................................... 29 ARTICLE 14. - BEREAVEMENT LEAVE ................................................................... 35 ARTICLE 15. - DEFERRED COMPENSATION ............................................................ 36 ARTICLE 16. - TUITION REIMBURSEMENT .............................................................. 36 ARTICLE 17. – PRESCRIPTION SAFETY GLASSES .................................................... 37 SECTION V WORK SCHEDULES ............................................................................... 38 ARTICLE 1. - RESPONSE TIME ........................................................................... 38 ARTICLE 2. - REST BREAKS-POLICE DEPARTMENT .................................................. 38 ARTICLE 3. - CLEAN-UP TIME ............................................................................ 38 ARTICLE 4. - TRANSIT COACH OPERATORS ........................................................... 38 ARTICLE 5. - FLEXIBLE WORKING HOURS ............................................................. 39 ARTICLE 6. - TIME OFF REQUESTS ..................................................................... 40 ARTICLE 7. - RESTROOM USE - FIELD PERSONNEL .................................................. 38 ARTICLE 8 – SCHEDULED TRAINING .................................................................... 38 ARTICLE 9 – WORK SCHEDULE CHANGES ............................................................. 38 SECTION VI EMPLOYEE STATUS .............................................................................. 39 ARTICLE 1. - NOTEWORTHY DATES ..................................................................... 39 ARTICLE 2. - REINSTATEMENT ........................................................................... 39 ARTICLE 3. - ACTING ASSIGNMENTS .................................................................... 40 ARTICLE 4. - PROBATION ................................................................................. 43 ARTICLE 5. - REDUCTION IN FORCE .................................................................... 44 SECTION VII PERFORMANCE ................................................................................ 46 ARTICLE 1. - GRIEVANCE PROCEDURES ............................................................... 46 ARTICLE 2. - DISCIPLINARY PROCEDURES ............................................................. 46 ARTICLE 3. - EMPLOYEE PERSONNEL FILE ............................................................ 46 ARTICLE 4. - EMPLOYEE RESPONSE TO PERFORMANCE EVALUATION ............................ 46 SECTION VIII HEALTH AND SAFETY ...................................................................... 48 ARTICLE 1. – SAFETY ..................................................................................... 48 ARTICLE 2. - REST AND RECOVERY ..................................................................... 48 6 iv
SEIU MOA 4/24/23 – 6/30/257/1/25-6/30/28 Resolution 2023-162025-39 ARTICLE 3. - FIRST AID KITS ............................................................................. 49 ARTICLE 4. - SAFETY EQUIPMENT ....................................................................... 49 ARTICLE 5. - POLICE SERVICE OFFICER TRAINING ................................................... 49 ARTICLE 6. - SUBSTANCE ABUSE POLICY .............................................................. 49 ATTACHMENT 1 .......................................................................................................... 50 CLASSIFICATIONS INCLUDED IN THE GENERAL UNIT .......................................... 50 ATTACHMENT 2 .......................................................................................................... 49 CLASSIFICATIONS ELIGIBLE FOR UNIFORMS ........................................................ 49 ATTACHMENT 3 .......................................................................................................... 53 CLASSIFICATIONS ELIGIBLE FOR BOOTS .............................................................. 53 ATTACHMENT 4 .......................................................................................................... 54 LAYOFF AND RE-EMPLOYMENT POLICY ................................................................ 54 ATTACHMENT 5 .......................................................................................................... 59 GRIEVANCE PROCEDURE POLICY ........................................................................... 59 ATTACHMENT 6 .......................................................................................................... 58 DISCIPLINARY ACTION POLICY ................................................................................ 58 ATTACHMENT 7 .......................................................................................................... 66 SUBSTANCE TESTING FOR SAFETY-SENSITIVE POSITIONS POLICY ................. 66 7 1
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF SIMI VALLEY AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 721 (SEIU)
SECTION I RECOGNITION
2019-44
Pursuant to the City’s Employer -Employee Relations Resolution and the Meyers -Milias- Brown Act (“MMBA”) (Government Code Section 3500 et. seq.) the City recognizes Service Employees International Union, Local 721 (“SEIU Local 721” or “Union”), as the exclusive representative of the full- and part-time regular status employees in the General Employees Bargaining Unit.
Article 1. – Purpose
75-79, 2019-44
It is the purpose of this comprehensive Memorandum of Agreement (“MOA”) to promote and provide for harmonious labor relations, cooperation and understanding between the City and the employees covered by this MOA, to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under the MOA and to set forth the full and entire understanding of the parties reached as a result of meeting and conferring in good faith concerning wages, hours, terms and conditions of employment.
It is agreed that the parties shall be bound by this MOA upon implementation by the City Council. Upon implementation, the MOA shall supersede any conflicting rule, regulation or ordinance of the City.
Article 2. - Term
2017-40, 2019-44, 2021-37, 2023-16
This MOA shall be effective beginning on April 24, 2023July 1, 2025 and shall expire on June 30, 20252028. The specific provisions of this MOA shall be effective as specified herein.
Article 3. - Integration
2010-44, 2019-44
This MOA embodies the parties’ entire understanding and mutual agreement as required by Government Code Section 3505.1. This MOA constitutes an agreement and joint recommendation for ratification by SEIU Local 721’s membership, and approval and adoption in its entirety by the City Council.
Article 4. - Conclusiveness
94-66, 2019-44
During the Meet and Confer process that resulted in this MOA , each party had an unlimited right to make proposals with respect to any subject matter within the scope of representation. All terms and conditions of employment included in this MOA shall remain in full force and effect for the term of this MOA unless the Parties mutually agree to amend this MOA; however, neither party shall be obliged to meet and confer during the term hereof except as provided herein.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
Article 5. - Savings Clause
94-66, 2019-44
The Parties agree that this MOA is subject to all current and future applicable federal, state, and local laws. If any provisions of this MOA conflicts with or is inconsistent with such laws, or is held invalid by operation of law or by any tribunal or office of competent jurisdiction, or if compliance with or enforcement of any provision of this MOA is restrained by such tribunal or office, then such provisions will be deemed invalid and of no force of effect. In that event, all other provisions of the MOA will continue in full force and effect; and the parties shall, upon request, meet and confer over any proposed replacement provision or provisions.
Article 6. - Modification and Waiver
79-68, 2019-44
The waiver of any breach, term or condition of this MOA shall not bar future enforcement of all its terms and provisions. In the event of a violation of any part of this MOA , failure to object to the violation shall not waive or bar future enforcement of all provisions.
Article 7. - Non-Discrimination
2014-03
The provisions of this MOA shall be applied equally to all employees covered hereby without favor or unlawful discrimination based on actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status or other factors not directly related to the successful performance of the job.
Article 8. - Management Rights
90-69, 2019-44
The City reserves, retains, and is vested with, solely and exclusively, all rights of management, regardless of the frequency of use, which have not been expressly abridged by specific provisions of the MOA or by law, to manage the City for the citizens of Simi Valley, as such rights existed prior to the execution of this or any predecessor MOA. Without limiting the generality of the foregoing, the City continues to reserve and retain solely and exclusively all rights of management, including those City rights set forth in Resolution No. 73- 79 on Employer-Employee Relations, and including but not limited to the right:
a. To determine the mission of its constituent departments, commissions, and boards and the services to be rendered thereby;
b. To set standards of service;
c. To determine the procedures and standards of selection for employment, promotion, demotion and layoff;
d. To direct its employees;
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 e. To take disciplinary action just for cause;
f. T
o relieve its employees from duty because of lack of work or for other legitimate reasons;
g. T
o maintain the efficiency of governmental operations;
h. T
o determine the methods, means and personnel, including contract and/or part-time personnel, by which government operations are to be conducted;
i. T
o determine the content of job classifications;
j. T
o take all necessary actions to carry out its mission in emergencies; k. T
o exercise complete control and discretion over its organization and the technology of performing its work.
Article 9. - Confidential Employees - Restricted
90 -69, 2014-03, 2019-44
The Parties recognize that employees in classifications enumerated in this section are recipients of confidential and sensitive information relating to matters of a legal, personnel, and/or employee relations nature. As such, the parties agree that such employees shall be designated as "Confidential" and that no such employee shall 1) serve as a board member, officer, or steward of the Union; 2) serve on a team which either consults, or meets and confers, with City Management over issues relating to wages or the terms and conditions of City employment; or 3) serve as a designated employee representative in any grievance or disciplinary procedure. The following personnel shall be designated "Confidential": Human Resources Division Clerical staff, Human Resources Technician, Senior Human Resources Technician, Human Resources Secretary, City Manager's Office Secretary, and Legal Technician.
Article 10. - Coverage
201 0-44, 2019-44
Employees covered by the terms of this MOA shall be those General Unit Employees in the classifications listed in Attachment 1. Any additional classifications developed during the term of this MOA and designated by the City as General Unit classifications shall be added to those classifications listed in Attachment 1.
202 5-39
Persons employed in a “temporary status” position represented by the Union are not entitled to any benefit or right set forth in this MOA unless such benefit or right is specifically set forth herein. The term “temporary status” shall have the same meaning as defined by Policy 6 of the General Unit Employees’ Manual.
Article 11. – Supplemental Transit Services
2019-44
The Parties agree that the City benefits by maintaining its own transit services. In an effort to increase its fare- box recovery, the parties agree that the City shall have the right to 10 4
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 supplement its ADA and Dial-a-Ride transit services through rideshare agreements with third-party rideshare companies, such as Uber and/or Lyft. The supplementing and enhancement through such third-party rideshare companies shall not be used to supplant existing services provided by City employees. The City agrees that before entering into such third-party rideshare agreements, it will provide SEIU with notice and the opportunity to meet and confer over any negotiable impacts.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 S
ECTION II UNION BUSINESS
Article 1. - Payroll Deduction
79 -68, 2019-44, 2021-37
This Article has been incorporated into Article 8, below.
Article 2. - Access to Work Locations
75 -79, 2019-44
SEIU Local 721 staff shall be given reasonable access to work locations during work hours, provided that such visits do not unduly interfere with the City's operation.
Article 3. - Bulletin Boards
74 -22, 94-66, 2014-03, 2015-61, 2019-44
SEIU Local 721 may use City -provided locked Bulletin Boards for the purpose of communicating normal and regular SEIU Local 721 business to its membership subject to the following conditions:
a. U
nion Stewards shall be responsible for maintaining the specified SEIU Local 721 portions of these City Bulletin Boards.
b. S
EIU Local 721 agrees that it will not place on these City Bulletin Boards any material that is derogatory of any City official or other individual, or that may have a disruptive effect on the normal and efficient operations of any City activity. c. Loc
ation of bulletin boards to be used for SEIU Local 721 business:
- Cit
y Hall Lunch Room
- City Hall Expansion Area
- Police Department Building East Hallway
- Public Service Center Building Rear Entrance
- Sanitation Plant Lunch Rooms
- Waterworks Building Break Room
- Transit Break Room
- City Hall Public Works/Environmental Services Area
Article 4. - Release-Time for Union Business
200 6-38, 2019-44, Side Letter of Agreement 11-29-22, 2023-16 The City shall provide release time for specific purposes for Employees designated by the Union as "Union Stewards". General Unit Employees designated as "Union Stewards" shall be granted aggregate release-time up to a maximum of 30 total hours in each calendar month. Such release- time may only be utilized by designated Union Stewards for the purposes of meeting with representatives of the City to discuss labor relations issues; and to meet with represented Union members to discuss personnel matters; or to attend monthly Union meetings. Meetings of designated Union Stewards shall not occur on City premises.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Employees designated as Union Stewards shall request release-time of their supervisors immediately upon becoming aware of the need to discuss a personnel issue with a General Unit employee or to attend a scheduled Chapter Board meeting normally held on the third Thursday of the month. Release time approved by the supervisor shall be noted on the Union Steward’s timesheet using the pay code for Union Release, which is currently pay code 185. The aggregate amount of release- time under this Section may be accrued to a total of 48 hours. Such time shall not be utilized for purposes other than expressly authorized. Absent exigent circumstances, meetings between Union representatives and City Management shall be scheduled toward the end of the work day or employees' work shifts. The Union agrees to cooperate with the City in accounting for release time utilized and in not abusing privileges afforded by this Section.
The Union shall provide the names of employees designated as Union Stewards in writing to the City within 30 days of the effective date of this Agreement and whenever any changes occur. The maximum number of employees designated as Union Stewards shall be seven.
The Union shall seek pre-approval of release time requests for purposes other than that described above (e.g. labor negotiation meetings, ratification -voting processes) at least 72 hours prior to the time of requested release to Human Resources . The release time for these additional purposes are not counted towards the maximum monthly usage as described above.
Article 5. - No-Strike Clause
90-69, 2019-44, 2023-XX16
During the term of this agreement, neither the Union, its officers or agents nor any of the Employees shall engage in, encourage, sanction, condone support or suggest any job actions such as strikes, sympathy strikes, slowdowns, mass resignations, mass absenteeism, willful absence from one's position, stoppage of work or abstinence in whole or in part from the full, faithful and proper performance of their duties. In the event that any individual unit member violates this section and the City notifies the Union of such violation, the Union shall immediately notify such individuals in writing to cease and desist from such action and shall instruct any such employee to immediately return to his or her normal duties. Should the employee not return within 48 consecutive calendar hours, the Union agrees and understands that said employee shall be deemed to have abandoned his/her employment with the City. It is understood by the parties that this provision is controlling so long as the parties abide by the remainder of the terms of this MOA. It is also understood that an individual employee's actions that violate the prohibitions in this clause shall cause the employee to be subject to individual disciplinary actions, in addition to the provisions herein.
Article 6. - Regularly Scheduled Union-Management Meetings 80-93, 2019-44
The City and Union agree that there is a possible need for regularly scheduled meetings between the Union and Management. These meetings shall be held no less than on a quarterly basis, but more often if needed, and shall involve no more than two designated Union officers.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
Article 7. - Union Representation
94-66
The parties agree that in any situation deemed appropriate for employee representation by the Union, no more than one General Unit Employees' Representative may participate in proceedings as the employee's representative. Employee representatives may participate as witnesses, or in some other official capacity as may be necessary.
Article 8. – Dues Deduction, Committee on Political Education (COPE), and Indemnification
96-69, 2017-40, 2019-44, 2021-37
A. Dues Deduction
The Employer will honor employee authorizations for dues deduction as required by provisions of the Government Code. The authorizations will be maintained by the Union.
Quarterly, the Employer shall send to the Union a list of all employees in the bargaining unit including: each employee’s first name, middle initial, last name; employee identification number; employee hire date; employee job classification; employment status (ex: active, on leave of absence, etc.); work status (ex: full time, part time, hourly, seasonal, etc.); annual base salary amount; base salary earned per pay period; hourly rate; salary step (if applicable); and total hours worked in the pay period. This information shall be sent in Excel format to [email protected] within five (5) business days of each payday.
Each pay period, the Union shall provide the employer with an “authorized deduction report” which includes bargaining unit members who have authorized the deduction of Union dues, COPE and other deductions and the deduction amounts.
The Employer shall make the dues and other applicable deductions from the employees’ paychecks and remit such itemized deductions to the Union via Electronic Funds Transfer (EFT) within five (5) business days of each payday. The Employer shall also provide the breakdown of each amount remitted (i.e. Dues, COPE, Supplementary Benefits, etc.) in Excel format to [email protected] within five (5) business days of each payday.
B. Committee on Political Education (COPE)
Employees may make voluntary contributions to the Union’s registered political action committees. The employer shall make the deduction of the voluntary contributions in the same manner as the dues deduction process.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Every pay period the Union will notify the employer with a list of employees and the appropriate deduction amount on the “authorized deduction report” of the employees who have signed an authorization for the COPE deduction.
E
mployees may discontinue voluntary political deductions by providing notice of cancellation to the Union and the Union shall transmit such notice of cancellation to the Employers by the next full pay period cycle.
C. Indemnification
T
he Union agrees to indemnify and hold the Employer harmless from any liabilities of any nature which may arise as a result of the application of provisions of this Article.
Article 9. – New Employee Orientation
201 9-44, 2025-39
The City shall provide the Union’s designated representative(s) written notice of a new employee orientation at least ten (10) business days prior to the event, unless there is an unforeseeable urgent need requiring a shorter notice period, to the Worksite Organizer (WSO) and to [email protected]. Union representatives shall be permitted to meet with new hires for up to thirty (30)forty -five (45) minutes during the mandatory scheduled new employee orientation and present written materials. This meeting will be exclusively for union representatives and employees newly hired into SEIU Local 721- represented classifications. The City shall grant release time for up to one steward to participate in the new employee orientation. “New hires” is defined to include any employee new to the bargaining unit represented by SEIU Local 721, including but not limited to through accretion or promotion/demotion.
Violations of this article shall be subject to the Grievance Procedure of this MOA and shall be submitted at the First Formal Step of the Grievance Procedure. 15 9
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
SECTION III SALARIED COMPENSATION
Article 1. - Salary Compensation
2023-16
Effective April 24, 2023, employee salaries shall be increased by 6%.oin the paycheck of January 16, 2026, a one-time, lump sum payment of $1,000 per regular status employee on payroll at the time of City Council adoption of this MOA.
Effective December 29, 2025, employee salaries and related salary ranges shall be increased by 3%.
Effective April 22, 2024July 13, 2026, employee salaries and related salary ranges shall be increased by 43%.
Effective July 12, 2027, employee salaries and related salary ranges shall be increased by 3%.
Article 2. - Inequity Adjustments
2019-44
The Service Employees International Union, on behalf of General Unit employees, may request inequity studies for up to three (3) classifications in each year of the Agreement to be submitted to Human Resources no later than January 2 nd. Management reserves
the right to undertake such studies as it deems appropriate in its sole discretion with due consideration to recruitment and retention issues.
Article 3. - Salary Schedule
80-93, 2015-61, 2019-44
Employees eligible for a step merit increase and approved for a step merit increase will receive the merit increase on their merit review date.
Employees who are promoted to a higher job class shall receive a minimum of 5.5 % salary increase or the lowest pay rate of the new range, whichever is higher.
Article 4. - Merit Salary Increases
88-89, 2015-61, 2017-40, 2019-44
Employee’s Manual Policy 14.3.1 “Progression in Salary Range” shall be amended as follows:
Effective July 1, 2017, employees shall be considered for a pay increase and must receive a rating of 3 or above overall “Meets Expectations” on their annual performance evaluation to receive an increase of five percent (5%) within the classification range unless the employee is less than five percent (5%) from the top of the range and, in such a case, the increase shall be to the top of the pay/salary range.
Employee's Manual Policy 14 entitled "Compensation", Section 14.3.2, shall be amended as follows:
16 10
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
14.3.2 "Effective Date. The effective date of merit salary increases for full- time Regular Status employees shall be on the employee's merit review date. All merit reviews shall be completed timely. If a merit review has not been completed within thirty (30) days after an employee’s merit review date, the employee will receive a five percent (5%) increase in salary, not to exceed the top of the salary range, retroactive if necessary, to the merit review date."
Article 5. - Standby Pay
90-69, 2006-38, 2014-03, 2019-44, 2025-39
Employees placed on “uncontrolled” Standby status on regular days off (including flex days) and City holidays shall be compensated $36.0072.00 per 24-hour period. Standby compensation for all other periods shall be $24.0048.00 per 24-hour period. 2025-39
Employees placed on “controlled” standby shall be compensated at the federal minimum wage for all hours on controlled standby status. “Controlled” standby shall mean the employee is subject to limitations on the employee’s activities so substantial that the employee cannot use the time effectively for his or her own purposes. Factors to be considered include, but are not limited to: (a) whether there are excessive geographic restrictions on the employee’s movements, (b) whether the frequency of called is unduly restrictive, (c) whether a fixed time limit for response exists and is unduly restrictive, (d) whether the employee can easily trade his or her standby status with another employee, and (e) whether and to what extent the employee engages in personal activities during on-call periods. (Berry v. County of Sonoma (1994) 30 F.3d 1174.) 2014-03
The City agrees to include Landscape Maintenance Workers and Tree Trimmers as positions eligible for Standby Pay, but the positions shall not be included in the Standby rotation.
94-66, 2014-03, 2019-44
The City agrees to provide a cell phone for any off -duty Employee whose official duties have resulted in his/her being placed on court ordered standby.
Article 6. - Bilingual Pay
99-39, 2006-38, 2017-40, 2019-44, Side Letter of Agreement 9-25-24 The City shall provide additional salary compensation of $50.00 per month for up to six (one employee per City building) e mployees who are conversant in Spanish or another foreign language and who are required, in the normal course of his/hertheir duties, to communicate in Spanish or that other foreign language with members of the public. The designation shall be based on need to apply this additional salary compensation for another foreign language other than Spanish shall be at the sole discretion of the City Manager or their designeeas determined by the City . The eEmployees receiving this bilingual pay stipend must be certified as conversant in Spanish or that other foreign language by an examination developed and/or approved for use by the City’s Human Resources Division. Should the General Unit have more applicants than the allotted assignments, the certification process will determine the six most qualified. EIn addition, such e mployees receiving bilingual compensationshall recognize that there may be occasions when their bilingual skills may be requested outside of the employee’s regular 17 11
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 work schedule or duties; if this occurs, such employee will receive overtime pay for actual time worked.
The following job classifications shall be pre -designated as receiving the bilingual pay when vacant and funded:
• One Counter Services Technician I/II at City Hall
• One Customer Services Representative or Senior Customer Services Representative at City Hall
• One Records Technician I/II or Senior Police Records Technician at Police Department
• One Police Services Officer at Police Department
• One Transit Dispatcher or Senior Transit Dispatcher in Transit (Public Works - Public Services Center)
• One Environmental Compliance Inspector in Public Works (Public Services Center)
Those employees currently receiving the bilingual pay as of September 2024 are in Vehicle Maintenance (Public Works-Public Services Center), Transit (Public Works), and Building Inspection (Environmental Services -City Hall). Any current employee receiving the additional pay for providing bilingual services will stop receiving the additional pay at such time as one of the other pre- designated vacancies are filled within the same area.
In other words, if a pre-designated City Hall position is filled, then the current employee in Building Inspection at City Hall would stop receiving the bilingual stipend the day prior to the effective date of the new hire.
In the interim, the City Manager has the discretion to apply the bilingual pay to other positions that justify the need for bilingual services to the public up to the six positions overall. This could also include moving the bilingual pay from one position to another when appropriate at the sole discretion of the City Manager or their designee.
In addition to the number of employees provided bilingual pay in the paragraphs above, the City shall provide the same salary compensation stipend for any qualified Police Dispatcher or Communications Supervisor working in Police Dispatch. Qualification will be determined by the Chief of Police based on the benefit of providing bilingual service to members of the public. Employees will be tested for fluency and certified by examination prior to receiving this stipend.
Article 7. - Call Back Pay
82-91, 2014-03; Side Letter of Agreement 6-4-2020
The Parties jointly agree that when an employee has finished their work shift, left the work site and is called back to duty at the work site/project site t hey shall receive a minimum of two (2) hours pay at time and one-half.
Article 8. - Crew Leader/Lead Worker Assignment Pay
88-89, 2014-03, 2019-44
Crew Leaders and/or Lead Workers shall be eligible to receive $135.00 per month in 18 12
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 special assignment compensation. Crew Leaders and Lead Workers who are on a leave of absence of 60 days or more are ineligible for this special assignment compensation.
Article 9. – Police Dispatcher Trainer Pay
93 -13, 2014-03, 2019-44, 2025-39
Police Dispatchers and Communication Supervisors shall receive an additional $135 per month when assigned responsibility for training a Dispatcher Trainee.
Article 10. - Overtime Pay
76 -63, 2019-44
Extended day overtime, overtime contiguous to the regular shift, shall be paid at the rate of one and one- half times the employee's regular hourly rate for all hours worked in excess of 8 in any one work shift for part -time employees and employees working the traditional 5/8 workweek. Employees on the 4/10 or 9/80 alternative workweeks will be paid at the overtim e rate for all hours worked in excess of their regularly scheduled workday. There shall be no duplication or pyramiding of overtime compensation.
Article 11. - Overtime Meal Allowance Reimbursement
99 -39, 2014-03, 2017-40, 2019-44
Effective July 1, 2017 , the City agrees to modify the overtime meal allowance reimbursement to provide a $15 .0025.00 meal allowance under the following circumstances:
1 .) The employee must be held over to work 3 or more hours overtime; 2 .) In the event there are extenuating circumstances that require the employees to work 5 or more hours beyond their scheduled workday , the City may provide meals in some other manner.
T
he employee’s reimbursement request shall be recorded on an area of the timesheet designated for this purpose; payment will be processed via the City’s payroll system.
Meals shall be taken on the employee’s own time unless the employee’s supervisor approves the meal to be taken on continuing work time.
Article 12. - Overtime Computation
82 -91, 2019-44
The Parties agree that for purposes of computing premium overtime or compensatory time-off, absences due to annual leave and holidays shall be treated as time worked. 202 5-39
The Parties further agree that the overtime calculation, inclusive of standby time pay, shall be as follows: [(Total Straight Time Pay + Standby Time Pay + Other Non- Excludable Pay) / Total Hours Worked] x [0.5] x [Number of Overtime Hours Worked]. This calculation is intended to be in compliance with, and not in conflict with, FLSA requirements.
Article 13. - Compensatory Time Off
96 -69, 2006-38, 2019-44, 2021-37
19 13
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 The parties agree that the administration of the use of compensatory time shall be identical to the present administration of the use of Annual Leave, specifically including the employee's right to select which time to use for time off.
Employees may take compensatory time off in lieu of time and one- half overtime pay at the Department Head’s discretion. Employees may accumulate time off in lieu of overtime compensation up to maximum available compensatory time of one-hundred twenty (120) hours. Employees in the classifications of Dispatcher and Dispatcher Trainee shall be limited to a maximum total accumulation of 180 hours of compensatory time per fiscal year. Employees shall schedule compensatory time off in writing in advance whenever unrelated to illness, subject to the Department Head’s written approval. The employee shall provide the supervisor or Department Head with reasonable notice of an absence; the Department Head shall have the authority to approve or deny the use of compensatory time off for any period of absence unrelated to illness or injury. The scheduling of the time off shall be approved or denied by the Department Head with due regard to the wishes of the employee and the needs of the City. Employees who are off for three or more days due to illness or injury may be required to provide a physician's statement authorizing their return to work.
Article 14. - Holiday Pay
90-69, 2017-40, 2019-44
General Unit Employees who may be required to work on a holiday recognized by the City shall be compensated for such time worked at the rate of one and one-half times their regular rate of pay, in addition to their holiday pay. 2025-39
Employees who are assigned to 6-day-a-week operations (such as Transit), or for those employees regularly scheduled to work Saturday, and Police Dispatch employees, paid holidays shall be observed on the day on which the holiday actually occurs (not the observed date if different).
Article 15. - Probationary Salary Increases
77-148
There shall be no merit increase during the probationary period.
Article 16. - Certificates and Licenses
88-89, 96-69, 2014-03, 2019-44
The City shall pay for the initial examination and renewal of the following certificates , licenses, or endorsements on a reimbursement basis, upon receipt of original certificates, licenses, or endorsements:
1. Wastewater Treatment Plant Operator Certification Grades Operator In Training (OIT), I, II, III, IV, and V issued by the California State Water Resources Control Board certificates for Wastewater Treatment Plan Operators, Grades I, II and III.
2. All Class A , State of California Department of Motor Vehicles licenses as required and approved by management (including the cost of required physical examinations).
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
3. Water Treatment Facility Staff Certification Grades T1, T2, T3, T4, and T5 and Distribution System Staff Certification Grades D1, D2, D3, D4, and D5 issued by the California Department of Public Health or other industry recognized professional certifying or licensing organization for Waterworks Services Trainee, I, II, and III and Waterworks Systems Technician.
4. California Water Environment Association Certification Grades 1, 2, 3, and 4 for Collection System Technician I and II, Laboratory Technician, Senior Laboratory Technician, and Environmental Compliance Inspector.
5. State of California Department of Motor Vehicles Class B licenses and required endorsements for Plant Operator I, II, and III (if assigned to Wastewater), Wastewater Collection System Technician Trainee, I, and II, and Transit Coach Operators, including any medical examination costs related to the subject renewal.
6. Distribution System Certification Grades D1, D2, D3, D4, and D5 issued by the California Department of Public Health for Public Works Inspector (Water).
7. International Society of Arboriculture Arborist Certification for Senior Tree Trimmer.
8. If required in job description then the City will pay for the initial and renewal certification and license.
9. Recertification of Building Inspectors covered under AB717.
Article 17. - Salary and Benefit Survey
92-79, 2019-44
The City shall review the following survey agencies for the City's use in determining salary and benefit levels for comparable classifications in other agencies: Agencies - Cities of Camarillo, Oxnard, Thousand Oaks, Ventura, San Fernando, Santa Clarita, Burbank, and County of Ventura. Survey components: Salary, Medical, Dental, Vision, Disability, Retirement (PERS/Social Security), Deferred Compensation, Paid Absences.
Article 18. - Jury and Witness Duty
96-69, 2019-44
Employee's Manual Policy 30, Section 30.1 shall be amended to include the following language: "Compensation continued under this section shall be limited to two (2) weeks per year; employees required to serve longer than two (2) weeks shall continue to receive compensation pursuant to this section, notwithstanding the two week limit, provided that the employee could not have reasonably contemplated that such service would extend beyond the allowable compensation limit and took reasonable steps to avoid such service."
21 15
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Employees assigned to night shifts who perform eight (8) hours of jury service shall have their shifts adjusted for the day.
22 16
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 A. Jury Duty Court Appearances
E
mployees shall be entitled to time off without loss of pay to serve on a jury. Employees must provide advance notice of their jury summons to their supervisors upon receipt. The jury confirmation form provided by the County Clerk shall be submitted to their supervisor when reporting for their next work shift.
E
mployees who do not provide validation of jury duty status will not be eligible to receive pay for that time, unless the employee utilizes their own Annual Leave or other available leave banks.
P
ublic employees are not eligible to receive jury service pay. Employees are required to notify jury services staff that they are a public employee. Employees are eligible to receive and keep any statutory mileage reimbursement received in conjunction with jury appearance.
E
mployees who are required to report for jury duty on days they are not scheduled to work will not receive pay for jury duty. Flex Days provided under City Policy 21, Alternative Workweeks, are regularly scheduled non-working days, and employees are ineligible for any compensation when an employee serves jury duty on regularly scheduled non- working days. Employees assigned to a night work shift, and performing jury duty during the day, shall have their work shift adjusted to a day shift for the affected day(s).
Volunteering for Grand Jury service is not covered under these provisions.
B. Summons To Testify For City
A
n employee summoned to court or scheduled to testify for the City during his/her regular shift shall be paid at his/her regular rate of pay. Travel time to and from the court will be included in the shift schedule.
I
f the court date is scheduled on the employee’s scheduled day off and a shift adjustment is not an option, the employee shall be compensated at his/her regular rate of pay for a minimum of two (2) hours. The employee shall be paid for all time necessary for travel between the City and the court, and to attend the court appearance. The employee is responsible to provide a verifiable court generated document to validate the time in court.
E
mployees are responsible for notifying a supervisor and providing a copy of the court summons on the first regularly scheduled work date after receipt of the summons.
C. Personal Court Appearance
A
n employee summoned to attend any court proceeding due to personal reasons during his/her scheduled shift shall be required to use their accrued annual to cover the absence.
If an employee does not have enough paid time to cover the absence, it will be unpaid.
Employees must notify their supervisor and provide a copy of the court summons on the first regularly scheduled work date after receipt of the summons. 23 17
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 In the event an employee is legally subpoenaed to appear as a witness by SEIU for a matter before the Public Employment Relations Board or in a matter not related to his/her duties as a City employee, the employee should be granted the use of accrued annual leave time to comply with the directive of the subpoena.
Article 19 –Off Duty Contact Pay
2014-03
Whenever an employee responds to a contact by the Department/City while on off -duty or standby status to take action needed to maintain the continuity of City business without the necessity of having to personally report for duty, such employee shall receive a minimum of one hour of compensation at the overtime rate of time and one- half, subject to the following limitations:
1. Only the first disturbance call made in any one (1) calendar day shall qualify for the minimum one hour of compensation described above. The time actually spent on such disturbance call will be considered hours worked for that workweek. Thereafter, compensation for all other qualifying disturbance calls totaling an aggregate of ten (10) minutes or more in that same calendar day shall be for actual time worked.
2. An employee contacted while off -duty concerning subsequent work scheduling shall not be eligible to receive compensation under this Article.
Article 20 – Police Dispatcher Night Shift Differential Pay Side Letter of Agreement 6-21-23
Police Dispatchers and Communications Supervisors shall receive an additional five percent (5%) upon their current base pay, inclusive of specialty base pays active at the time, for any time worked between the hours of 8:00 p.m. and 6:00 a.m. the following day.
Employees that fulfill a portion or all of a vacant shift on overtime worked within the hours of 8:00 p.m. to 6:00 a.m. the following day shall receive the seven and one- half percent (7.5%) differential pay. Since the assignment of this overnight shift is not expected to be assigned only to certain personnel, it is not intended to be included as special compensation reported to CalPERS.
Article 21 – Compensation Study
2025-39
The City shall provide a copy of their compensation study for General Unit positions no later than November 30December 1, 2025.
The Parties shall reopen discussions (Meet and Confer) on the results of the compensation study between January 1, 2026, and January 15, 2026, and shall conclude the Meet and Confer process no later than February 28, 2026.
The Parties shall use Median, Total Compensation (salary, insurance, and other economic benefits, excluding pension), and Benchmark classifications (as defined within the MOA) for purposes of Meet and Confer.
24 18
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 The City agrees to bring all Benchmark and associated classifications up to Median, Total Compensation, based on the above referenced compensation study, for each classification that is found to be below median, no later than October 30, 2028:
implemented equally in four (4) increases – one increase shall occur on the first full pay period that includes July 1, 2026 (effective June 29, 2025), the second increase shall occur on the first full pay period that includes July 1, 2027 (effective June 28, 2027), the third increase shall occur on the first full pay period that includes July 1, 2028 (effective June 26, 2028), and the fourth (and final) increase shall occur on the first pay period inclusive of October 15, 2028 (effective October 2, 2028).
The Meet and Confer process shall be limited to:
a. Any discrepancies or disputes with the compensation study results;
b. The Parties agree to maintain a list of any and all disputes regarding the compensation study results, and the parties agree to submit such disputes to expedited binding arbitration, no later than March 31, 2026, with the intent to resolve such disputes by April 30, 2026.
25 19
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
26 20
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
SECTION IV BENEFITS
Article 1. - Retirement
77-148, 99-39, 2006-38, 2010-44, 2014-03, 2015-61, 2019-44 The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (CalPERS). An employee’s retirement benefit plan will be based on the employee’s date of hire and whether the employee qualified as a “Classic” or “New Member” as those terms are defined in the Public Employee Pension Reform Act of 2013 (PEPRA).
Classic Member 2% @ 55 Hired prior to 1/1/2013 and eligible transfers
New Member 2% @ 62 Hired on or after 1/1/2013
A. Classic Members: 2% @ 55
1. The following is a summary of CalPERS contract provisions for Classic Members:
a. One Year Final Compensation - Single Highest Year
b. 4 th Level 1959 Survivor Benefits
c. Military Service Credit as Prior Service
d. Public Service Credit for Peace Corps or AmeriCorps Vista Service
B. New Members: 2% @ 62
1. The following is a summary of CalPERS contract provisions for New Members:
a. Three Year Final Compensation - Highest average annual final compensation during a consecutive 36-month period subject to the cap b. 4
th Level 1959 Survivor Benefits
c. Military Service Credit as Prior Service
d. Public Service Credit for Peace Corps or AmeriCorps Vista Service
2. New Members shall contribute 7% of total pensionable income to their CalPERS retirement plan. New Members are required to contribute at least 50% of the normal costs, which are subject to change on an annual basis based on actuarial analysis.
3. Effective December 28, 2015, all New Membe rs shall pay the full member contribution for pension benefits according to the CalPERS actuarial published for each fiscal year. The contribution amount shall encompass the July 1 effective date each year, based on the Actuarial Studies. . The 27 21
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 City shall provide a copy of the Actuarial Study to SEIU Local 721 as soon as it is available to document the change.
Article 2. – PEPRA and Transit Employees
2014-03, 2015-61, 2019-44
Following ratification and adoption of the MOA by SEIU 721 and the City, the parties agree to meet and confer within 30 days of a subsequent court or other federal or state ruling regarding the Public Employee Pension Reform Act (PEPRA) specific to Transit employees.
Article 3. - Holidays
76 -63, 77-145, 84-11, 2010-44
The following are recognized holidays for regular, full-time employees:
J
anuary 1 - New Year's Day
Third Monday in January - Dr. Martin Luther King Jr. Day Third Monday in February - President's Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Thanksgiving Day
Day after Thanksgiving
December 24 - Christmas Eve
December 25 – Christmas
2014-03
Effective January 1, 2014 if any other City bargaining unit receives another holiday during the life of the MOA, the general unit will also receive equivalent holiday time. 88 -89, 2019-44
Employees assigned to facilities other than City Hall shall work their regularly assigned schedule, subject to the following: if December 24th falls on a Wednesday, then the Christmas Eve holiday will be observed on December 26th; if the Christmas Eve holiday falls on a Friday, then the Christmas Eve holiday will be observed on December 23rd; and if the Christmas Eve holiday falls on a Sunday, then the Christmas Eve holiday will be observed on December 22nd.
201
5-61, 2019-44, 2021-37
Regular full-time employees shall receive an 8-hour floating holiday. Regular part -time employees shall receive a pro- rated floating holiday benefit based on their part -time status (i.e., a 50% part-time employee will receive 4 hours.) The floating holiday benefit may be used by employees in whole or in part at any time during the calendar year for which it is granted, however it may not be cashed out . Any part of the floating holiday benefit that is not used can roll over one time into the following calendar year beginning in 2022. If the roll over floating holiday benefit is not used in the following calendar year, it will be forfeited. The goal of providing the ability to rollover the floating holiday is to 28 22
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 work toward a holiday closure. The use of floating holidays is subject to the scheduling provisions of Section IV, Article 15, Annual Leave.
2021-37, Side Letter of Agreement 3-12-25
Effective upon approval of this contract, employees will be granted full holiday pay that corresponds with their regular shift. For example, should a holiday fall on a 9- hour shift for a regular full -time employee, that employee would be provided holiday pay for the entire nine hours without being required to add an additional hour of paid time off from their leave bank.
Full-time Employee example: Should a holiday fall on a 9-hour shift for a regular full-time employee, that employee would be provided holiday pay for the entire nine hours without being required to add an additional hour of paid time off from their leave bank.
Regular Part -time Employee example: A regular part -time employee hired to work 36 hours per bi-weekly pay period (75% FTE percentage of full-time status) will be provided with holiday pay sufficient to compensate the employee for all hours regularly worked by the employee. Therefore, such an employee who regularly works 8 hours on Mondays would receive 8 hours of holiday pay for a holiday on a Monday. A regular part-time employee with a variable work schedule will be provided with holiday pay based on their FTE (percentage of full -time status).
When a holiday falls on an employee’s regular day off , full-time employeesthey will be able to bank 8 hours of Holiday Compensation for later use and . Rr egular part-time employees will receive their bank prorated holiday benefit compensation (percentage of full-time status) to apply to their shift when the shift falls on an observed holiday as normal.
For regular part-time Transit Coach Operators (TCOs) and Transit Dispatchers, Holiday Pay and benefit adjustments are made every six months by Human Resources retroactively (HR runs reports on actual hours worked and adjusts as needed). As such the regular part -time Transit personnel will continue to receive a prorated benefit for all paid holidays, regardless of whether the observed holiday falls on a regular shift day or not. If adjustments to holiday pay are necessary, they will be made based on actual FTE in the six-month look back period under the retroactive process.
Article 4. - Medical, Dental and Vision Care Insurance
90-69
The City and General Unit Employees agree to discontinue the City-paid health insurance contribution after an employee has been on leave without pay for twelve months.
2014-03, 2019-44
The City contract s with CalPERS for medical insurance coverage through the Public Employees’ Medical and Hospital Care Act (“PEMHCA”). Eligible new hires are covered under the program on the first day of the month following enrollment.
29 23
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 For employees enrolled in a CalPERS plan, the City shall pay the required PEMHCA statutory minimum on behalf of each participant. A participant is defined as:
1. An enrolled employee and eligible dependents;
2. An enrolled retiree and eligible dependents; and
3. A surviving annuitant.
The PEMHCA minimum contribution will apply only toward the medical insurance premium for a CalPERS Health plan. If an employee chooses not to enroll in a CalPERS Health plan, the PEMHCA minimum contribution cannot be used for any other purpose.
If CalPERS changes any of the medical insurance plans by either adding to or deleting the plan options described above, employees will be limited to those plan options offered by CalPERS.
Dental and Vision Insurance 2010-44, 2025-39
Effective for the premiums due on and after January 1, 2011, 2012, and 2013for the month following City Council adoption of this MOA, the City shall pay 100% of the premium costs of dental and vision insurance. make a monthly contribution to dental coverage in the amount of $97.36 per employee and a monthly contribution to vision insurance in the amount of $21.00 per employee.For example, if the City Council approves this MOA in January, the February premium costs for dental and vision would be 100% paid by the City for March coverage.
Simi Flex Benefit 2015-61, 2017-40, 2019-44, 2021-37, 2023-16, 2025-39
In addition to the required statutory PEMHCA contribution, eligible regular employees shall be provided with a flexible benefit package (Simi Flex dollars, described in the chart below), which may be used by the employee to offset the employee’s cost of medical, dental, and/or vision insurance and other optional health-related benefits.
For the 2024 and 20252026, 2027, and 2028 plan Plan years Years (deductions beginning with the first pay period in December of each year) , the City shall adjust the Simi Flex amounts (excluding opt -out Simi Flex) by 80% of the average change in employee out-of-pocket medical plan costs (increase or decrease, as applicable) for the five HMO medical plans with the highest General Unit enrollment in the prior year (e.g., for 2023 = Kaiser, Anthem Traditional, Anthem Select, Blue Shield Access+, and UnitedHealthcare Alliance HMO plans). This is consistent with the agreement reached in 2016 that future increases would be split at an 80% / 20% basis. The rates based on the 80% / 20% split for the 2023 Plan Year begin on the following page maximum Simi Flex amount will be $2,406 per month for both Region 2 and Region 3 as defined by CalPERS.
Beyond the cost of the health care premiums, cash paid to the employees may be used to offset health-related benefits (i.e. Section 125 benefits). The maximum monthly cash back of unused Simi Flex benefit shall not exceed the opt -out amount of $251.30. The Simi Flex benefit is prorated for part -time employees in accordance with the percentage of time regularly worked compared to full-time employees.
30 24
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 HMO Full Premium
PEMHCA
Minimum EE Pays
Simi Flex
(Traditional 80-20)
EE out-of-pocket
or credit from
prior year*
Anthem Traditional
2023 EE $935.12 $151.00 $784.12 $825.80 $41.68
EE+1 $1,870.24 $151.00 $1,719.24 $1,524.78 ($194.46)
Family $2,431.31 $151.00 $2,280.31 $2,089.74 ($190.57)
Anthem Select
2023 EE $765.37 $151.00 $614.37 $825.80 $105.72
EE+1 $1,530.74 $151.00 $1,379.74 $1,524.78 $145.04
Family $1,989.96 $151.00 $1,838.96 $2,089.74 $250.78
BlueShield Access+
2023 EE $842.61 $151.00 $691.61 $825.80 $134.19
EE+1 $1,685.22 $151.00 $1,534.22 $1,524.78 ($9.44)
Family $2,190.79 $151.00 $2,039.79 $2,089.74 $49.95
BlueShield Trio (NEW)
2023 EE $760.71 $151.00 $609.71 $825.80 $216.09
EE+1 $1,512.42 $151.00 $1,370.42 $1,524.78 $154.36
Family $1,977.85 $151.00 $1,826.85 $2,078.14 $251.30
UnitedHealthcare
Alliance
2023 EE $793.63 $151.00 $642.63 $825.80 $183.17
EE+1 $1,587.26 $151.00 $1,436.26 $1,524.78 $88.52
Family $2,063.44 $151.00 $1,912.44 $2,089.74 $177.30
UnitedHealthcare
Harmony
2023 EE $781.58 $151.00 $630.58 $825.80 $195.22
EE+1 $1,563.16 $151.00 $1,412.16 $1,524.78 $112.62
Family $2,032.11 $151.00 $1,881.11 $2,089.74 $208.63
Kaiser
2023 EE $756.21 $151.00 $605.21 $825.80 $220.59
EE+1 $1,512.42 $151.00 $1,361.42 $1,524.78 $163.36
Family $1,966.15 $151.00 $1,815.15 $2,066.44 $251.30
PPO
PersPlatinum
2023 EE $1,014.80 $151.00 $863.80 $825.80 ($38.00)
EE+1 $2,029.60 $151.00 $1,878.60 $1,524.78 ($353.82)
Family $2,638.48 $151.00 $2,487.48 $2,089.74 ($397.74)
PersGold
2023 EE $695.93 $151.00 $544.92 $796.22 $251.30
EE+1 $1,391.86 $151.00 $1,240.86 $1,492.16 $251.30
Family $1,809.42 $151.00 $1,658.42 $1,909.72 $251.30
31 25
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 *Beyond the cost of the medical premium, cash paid to employees may be used to offset the cost of dental or vision insurance and other benefits (i.e. Section 125 costs - dependent care, Aflac plans, etc.) 2023 amounts shown in the table are based upon CalPERS Region 2 premiums. Refer to CalPERS Region 3 cost sheets supplied by the City to determine applicable amounts in that area.
* Employee Out-of-Pocket Medical Plan Cost is the full plan premium minus the City’s medical contribution (PEMHCA monthly minimum). The maximum cash in lieu for any plan will not exceed $251.30.
Medical Plan Coverage 2023 Simi Flex* 2024 Simi Flex* 2025 Simi Flex* Opt Out of Medical $251.30 $251.30 $251.30
* Simi Flex amounts for part-time employees are pro-rated according to the percentage of full -time work schedule assigned.
Article 5. - Retiree Medical Insurance
94-66, 2019-44
The parties agree that on or after the effective date of this Agreement all employees who retire after the effective date hereof with at least 5 years of permanent full -time City employment will be allowed to continue insurance coverage at the retiree's cost under the City insurance plans for a period of up to 5 years or age 65, whichever is earliest. It is understood that the City will make no financial contribution to the premiums for this insurance coverage.
2002-55, 2019-44
The City shall place in a trust fund for the purposes of paying the medical insurance premiums for employees who retire on or after July 1, 2002 an amount equal to one percent for each year of the MOA of total annual salary paid to the e mployees. This amount shall be used in all future calculations of total compensation analysis. The disbursement of any monies from this account shall be mutually agreed to between the City and Union in accordance with an actuarial study. City agrees to retain actuarial consultant by September 15, 2002.
Benefit Period
Employees who retire from the City after July 1, 2002 and were hired prior to July 1, 2010 may select one of the following options for health coverage:
Option One
The City shall contribute the benefit amount described below for employee-only coverage for active employees on the City's group health plan for a period of 24 months for retirees that served ten (10) years with the City prior to retirement. Retirees who served more than 10 years with the City prior to retirement will receive an additional four (4) months of coverage for each additional year of service. The maximum benefit a retiree can receive shall be eight (8) years of coverage, including the initial 24-month period.
Years of Service Benefit Duration Years of Service Benefit Duration 10 2 years 20 5 years 4 months
11 2 years 4 months 21 5 years 8 months
12 2 years 8 months 22 6 years
13 3 years 23 6 years 4 months
14 3 years 4 months 24 6 years 8 months
32 26
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 15 3 years 8 months 25 7 years
16 4 years 26 7 years 4 months
17 4 years 4 months 27 7 years 8 months
18 4 years 8 months 28 or more 8 years (maximum)
19 5 years
Option Two
The City shall contribute the benefit amount described below for employee- plus-one coverage for active employees on the City's group health plan for a period of 12 months for retirees that served ten (10) years with the City prior to retirement. Retirees who served more than 10 years with the City prior to retirement will receive an additional two (2) months of coverage for each additional year of service. The maximum benefit a retiree can receive shall be four (4) years of coverage, including the initial 12-month period.
Years of Service Benefit Duration Years of Service Benefit Duration 10 1 year 20 2 years 8 months
11 1 year 2 months 21 2 years 10 months
12 1 year 4 months 22 3 years
13 1 year 6 months 23 3 years 2 months
14 1 year 8 months 24 3 years 4 months
15 1 year 10 months 25 3 years 6 months
16 2 years 26 3 years 8 months
17 2 years 2 months 27 3 years 10 months
18 2 years 4 months 28 or more 4 years (maximum)
19 2 years 6 months
Benefit Amount 2014-03, 2015-61, 2019-44
If the retiree elects Medicare supplement coverage during the applicable benefit duration, the City will pay the amount of that premium on the retiree’s behalf for the remainder of the benefit duration. In no event, however, will the City -paid benefit amount exceed the premium of the lowest cost under 65 medical plan with CalPERS.
For the 2016 and 2017 Plan Years, t he City shall reimburse to an eligible retiree an amount equal to the average premium (City’s Designated Region as determined by CalPERS) of all Anthem HMO, Blue Shield HMO, and Kaiser HMO medical plans, or the actual premium amount of the selected medical plan, whichever is less. Retirees shall pay premium amounts that exceed the City’s reimbursement as described in this paragraph.
Benefit Options 2014-03, 2019-44
Eligible retired employees have the option of paying for health coverage beyond the benefit duration provided by the City in accordance with PEMHCA regulations.
Retired employees may elect to participate in the City’s group dental and vision plans, at the prescribed premium rates with no City contribution. These plans must be purchased 33 27
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 together in accordance with carriers’ terms.
2006-38, 2019-44
The City shall place in a trust fund for the purposes of paying the medical insurance premiums for employees who retire on or after July 1, 2006 an amount equal to .25 percent for each year of the MOA of total annual salary paid to the employees. This amount shall be used in all future calculations of total compensation analysis. The disbursement of any monies from this account shall be mutually agreed to between the City and Union in accordance with an actuarial study. City agrees to retain actuarial consultant at City’s expense by August 15, 2006. In no event shall retiree medical benefits paid exceed the available resources in this account, nor shall any liabilities be incurred by the City.
2010-44, 2019-44
The City shall place in the existing trust fund for the purposes of paying the medical insurance premiums for employees who retire after July 1, 2002 and were hired on or before June 30, 2010, an amount equal to one percent of total annual salary paid to t he employees. Employees hired on or after July 1, 2010 shall not be eligible to receive a retiree medical benefit. If the City’s actuarial study shows more than 1% of salary is needed to fully fund this benefit, then S.E.I.U. agrees to meet and confer in order to either reduce the benefit or increase the payment in order to fully fund the benefit. In no event shall retiree medical benefits paid exceed the available resources in this account, nor shall any liabilities be incurred by the City.
2014-03, 2019-44
For eligible retirees enrolled in a CalPERS plan, the City shall pay the required statutory minimum on behalf of each eligible retiree. The City shall pay up to the lowest cost medical plan for employees hired prior to July 1, 2010 in accordance with the above provision for Option 1 and 2 above. Any amount due a retiree above the minimum contribution will be reimbursed through a Retirement Health Savings Plan (RHS). The minimum contribution will apply only toward the medical insurance premium for a CalPERS Health plan. If an employee chooses not to enroll in a CalPERS Health plan, the minimum contribution cannot be used for any other purpose.
If CalPERS changes any of the medical insurance plans by either adding to or deleting the plan options described above, employees will be limited to those plan options offered by CalPERS.
2014-03, 2015-61, 2019-44
During the 2010 Bargaining process, it was agreed by the parties to include language codifying the joint agreement to continue the retiree medical trust fund contribution by the City so that the future negotiations for this benefit would not be required. Due to an oversight by the parties, it was not included in the printed copy. This is now corrected to reflect the intent of the parties to continue this ongoing benefit with the City’s continued contribution to the existing trust fund, if necessary.
34 28
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 The City shall maintain the existing trust fund for the purposes of paying the medical insurance premiums for employees who retire after July 1, 2002 and were hired before June 30, 2010. No further employee contributions will be required for retiree medic al benefits vested through December 31, 2013. However, employee contributions for “CalPERS” retiree medical benefits vested beginning January 1, 2014, will be subject to collective bargaining.
Article 6. - Life Insurance
88-89, 96-69, 2002-55, 2014-03, 2017-40, 2019-44
The City provides group term life insurance coverage to $ 101,000 for each employee, and $5,000 for eligible dependents of each such employee.
Article 7. - IRS Section 125 Plan
90-69, 2019-44
The City shall implement a Section 125 pre-tax benefit deduction plan for employees. In addition, the City shall establish payroll deductions for the following types of supplemental benefit plans: life insurance (whole and/or term); cancer insurance; and accident/sickness insurance (short term only). Such plans shall not compete with nor supplant group benefit plans presently provided by the City. Employees will be authorized a maximum of 30 minutes release- time to meet with representatives for the purpose of enrolling in the Section 125 Plan and/or supplemental benefit plan(s).
96-69
Effective January 1, 1997, the City will expand the Section 125 Plan to include a medical care reimbursement program component subject to terms currently provided under the dependent care reimbursement program.
Article 8. - State Disability Insurance
82-91, 2019-44
The City shall elect participation for represented e mployees in the State Disability Insurance program.
Article 9. - Industrial Sick Leave
80-93, 2019-44
In the event that an employee is absent from work as a result of an injury or illness which is accepted by the City as occurring or arising out of the course of his or her employment with the City, industrial sick leave shall be granted. Such leave shall begin on the first full workday after the City's acceptance. The maximum amount of industrial sick leave shall be three days for each occurrence. Industrial sick leave is provided in addition to Annual Leave; however, compensation shall not exceed the employee's normal compensation.
Article 10. - Employee Assistance Program
90-69, 2019-44
The City provides an Employee Assistance Program for e mployees. Details of the Employee Assistance Program are set forth in the City of Simi Valley Employee's Manual.
Article 11. - Employee Attire
2014-03, 2019-44
35 29
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Transit Coach Operators in part-time positions on the first day of the month shall receive $25.00 per month in compensation for Uniform Maintenance and Shoe Allowance, payable on the second paycheck of the month.
90-69, 2015-61, 2019-44
Uniforms for Transit Coach Operators , Police Service Officers , and Police Dispatchers/Trainees - The City shall provide an initial issuance of a total of five pants/shirts to Transit Coach Operators , Police Service Officers , and Police Dispatchers/Trainees.
94-66, 2014-03, 2015-61, 2019-44
Police Service Officers , Transit Operations Assistants, and Transit Coach Operators in permanent full-time positions on the 1st day of the month shall receive $40.00 per month in compensation for Uniform Maintenance and Shoe Allowance, payable with the second paycheck of each month.
98-92
All Police Dispatchers/Trainees in part -time permanent positions on the 1st day of the month shall receive $ 25.00 per month, and Police Dispatchers/Trainees in full -time positions shall receive $40.00 per month, for Uniform Maintenance and Shoe Allowance, payable with the second paycheck of each month.
36 30
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 80-93, 2019-44, Side Letter of Agreement 8-28-24
Uniforms for other General Unit - The City shall provide at least five uniform sets (unless otherwise noted) and maintenance of such for those employees so designated in “Attachment 2”. Police Records Technician I/II and Senior Police Records Technician employees shall receive two short -sleeved and one long- sleeved uniform polo shirt.
Employees who are provided with uniforms shall be required to wear uniforms during all working hours. Uniform replacement shall be provided by the City if and when the City determines replacement to be necessary.
Department Policy, 2015-61, 2017-40, 2021-37
Uniform Shorts - Uniformed employees in the following Public Works Department may wear City provided shorts during working hours:
Public Works Maintenance Division:
- Custodial Section
Waterworks Division:
- Customer Service Section (field employees)
- Plant Operator I/II/III
Sanitation Division:
- Operations and Maintenance Sections, except when employees are (a) handling or are in proximity to liquid sludge, or caustic/acid chemicals or, (b) in proximity to heated metal surfaces, such as blowers, pumps, etc. , or (c) entering into confined spaces.
Line Maintenance Crews:
- Except when employees are required to enter manholes or other confined spaces.
Transit Division:
- Transit Coach Operators
The City will procure two pairs of standard issue shorts, on an annual basis, for all employees who request shorts, currently have City -provided uniforms and are included on the above "shorts approved" lists. Only the issued shorts may be worn on the job.
Non-Uniform Shorts - Non-Uniformed Public Works Inspectors and Building and Safety Inspectors may wear their own shorts during working hours.
Employees in these job classifications desiring to wear shorts, may wear those which are neatly maintained and present an acceptable public image. Acceptable shorts are walking shorts, with pockets, in a solid, conservative color. Specifically excluded are "surfer" shorts, multi -color shorts, gym shorts without pockets, or other shorts which do not resemble the City standard-issue shorts. Non-uniformed employees shall also wear shirts which present an acceptable public image. Acceptable shirts shall be conservative and 37 31
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 muted in color. Shirts such as T -shirts, and those with no collars, are specifically excluded.
2015-61
The wearing of Uniform Shorts or Non- Uniform Shorts may be suspended by the immediate supervisor in consideration for safety concerns on a specific work day(s) .
Safety concern examples would include employee’s proximity to caustic/acid chemicals, hot asphalt/paving material, concrete mixing/pouring, heated or sharp metal surfaces, or similar hazards. All other employees are prohibited from wearing shorts during working hours.
2017-40, 2023-16
The contract with Prudential for uniform services expires on October 5, 2025 . A workgroup of SEIU representatives, City Department staff and an HR representative will convene for uniform options prior to the renewal or issuance of an RFP for the uniform contract.
Article 12. - Safety Boot/Footwear Allowance
80-93, 2019-44
The City shall provide an initial pair of safety boots to those e mployees in the classifications designated in “Attachment 3”. The boots provided will meet Cal -OSHA requirements. A replacement pair of boots shall also be provided by the City as it may determine is needed; however, the City shall not replace said boots more often than once every two years.
90-69, 2006-38, 2014-03, 2019-44, 2021-37, 2025-39
The City shall provide a Safety Boot/Footwear Allowance in the amount of $200.00400.00 per year, to be used by the employee as required by the City , Cal-OSHA requirements and meeting standards established by the City. The Allowance shall be prorated, based on date of hire, during the first year of employment. Payment shall be paid by January 15 th of every year. Those classifications designated as eligible for said safety boot allowance are listed in “Attachment 3” to this MOA . Attachment 3 will be amended t o include Waterworks Meter Reader. Failure of an employee listed in Attachment 3 to wear appropriate Safety Boots/Footwear when on duty may result in Disciplinary Action for violation of City Safety Policies.
Appropriate Safety Boots/Footwear shall mean boots/footwear that meets the safety or protection requirements of all jobs to be performed by the worker during a particular shift or job assignment. Footwear, including shoes or boots, shall be durable and designed for protection against potential workplace hazards. For example, it may be necessary to use footwear that provides toe protection from rolling or crushing objects and be equipped with a sole plate that resists penetration by sharp objects. In some applications shoes should be nonconductive where there is possibility of electrical hazards. Other examples include protection for slippery surfaces or chain saw protection. The boots/footwear should be immediately available for use by the employee, e.g., onsite or in their vehicle, in the event their job assignment changes during their shift.
38 32
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Example: A Meter Reader would not be required to wear safety boots/footwear while conducting meter reads. However, if a Meter Reader is called out to assist in a meter replacement and/or move a meter box Safety Boots/Footwear would be required and would therefore need to be in the vehicle, ready for use.
Article 13. - Annual Leave
82-91, 92-79, 2014-03, 2017-40, 2019-44
Regular employees shall accrue Annual Leave with pay to be used for vacation, illnesses and other personal reasons. Employees accrue paid leave as provided by the following policy to be used in the future or may convert accumulated Annual Leave to salary compensation under the specified conditions set forth below:
2019-44
Accrual Rate – Employees shall accrue Annual Leave at the end of each pay period, as follows:
General Unit Employees who have completed less than five (5) years of service shall accumulate Annual Leave at the rate of 8.0 hours per pay period (208 hours per year or 26 8-hour days per year.)
Employees who have completed five (5) to nine (9) years of service shall accumulate Annual Leave at the rate of 9.15 hours per pay period (237.9 hours per year or 29.74 8-hour days per year.)
Employees who have completed ten (10) or more years of service shall accumulate Annual Leave at the rate of 10 hours per pay period (260 hours per year or 32.5 8-hour days per year.)
Advance to New Hires - Upon hire, new full-time employees shall be granted 48.90 hours of Annual Leave accumulations. Such employees shall not, however, accumulate any additional Annual Leave until after completion of three months of continuous service. If such employment is terminated during the first three months of such employment, Annual Leave accumulations shall be adjusted to the actual amount that would have been accumulated. If such employee's use of Annual Leave during the term of employment exceeds the adjusted accumulation amount, then the employee shall refund to the City an amount equal to the excess of hours multiplied by the employee's hourly salary compensation rate.
2019-44
Maximum Accumulation – The maximum accumulation of Annual Leave for e mployees shall be 620 hours. If such employee has accumulated the maximum number of hours, accumulation of Annual Leave will be discontinued. Accumulations shall begin again on the first day of the pay period following a reduction in accumulations below the maximum.
39 33
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 2019-44
Scheduling - Annual Leave shall be scheduled in advance by each e mployee whenever unrelated to illness, subject to the approval of the department head. It is the responsibility of the employee to provide the supervisor or department head with reasonable notice of an absence. The department head shall have the authority to approve or deny the use of Annual Leave for any period of absence unrelated to illness or injury. The scheduling of the use of Annual Leave shall be by the department head with due regard to the wishes of the employee and the needs of the City. Employees who are off for three days or more due to illness or injury may be required to provide a physician's statement authorizing their return to work.
2019-44
Conversion Upon Separation - Employees who separate their employment shall have all Annual Leave accumulations converted to salary compensation at the employee's then current rate. Compensation shall be paid in one lump sum. Annual Leave shall not be used to extend an employee's actual date of separation. When notice is given by an employee that he/she is terminating, the use of Annual Leave shall be suspended.
81-92, 2019-44, 2021-37
Conversion to Salary - Employees may convert Annual Leave accumulations to salary in accordance with the terms set forth below.
A. Eligibility
This provision applies only to those employees with one or more years of service with the City as of the first working day of December in the year which the conversion is requested and who has a balance of 20 hours remaining after deduction of the hours subject to the cash out election.
In addition, an employee must use forty (40) hours of accrued annual leave during the twelve (12) months immediately preceding the submission of the cash -out election. For this purpose, “use” shall mean actually taking time off work and being paid annual leave pay for such time off.
If an employee has not met the foregoing requirements, the employee will not be eligible to make a cash out election.
86-106, 2019-44, 2021-37
B. Cash Out Terms.
Employees will have the opportunity to declare their intent to cash out annual leave that will accrue after the election in accordance with the following conditions:
1. No less than 8 hours and not more than 180 hours of annual leave may be converted to salary during a fiscal year.
2. By December 15 of each year, employees can declare their intent to cash 40 34
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 out annual leave that they will earn during the following calendar year. Only annual leave hours accrued in the calendar year for which an election is made may be cashed out. Cash outs for annual leave hours accrued in a prior calendar year are not allowed. For example, elections made by December 15, 2021 shall apply to hours accrued in 2022.
3. There will be two pay out opportunities available to employees . The first pay out date will be the first pay date in July, and the second pay out date will be the first pay date in November.
4. Once an election is made, it cannot be rescinded.
5. Cash out amounts will be based on the employee's base hourly rate of pay at the time of the pay out.
Employees will be eligible for partial cash outs if the full amount of hours elected are not available at the elected time of cash out. For example, if an employee elects to cash out 40 hours of Annual Leave, but only 20 hours are available, 20 hours woul d be cashed out.
Employees will be required to complete the City’s standardized Annual Leave Cash Out Form by December 15 of the calendar year prior to the calendar year in which the employee wishes to redeem annual leave hours for cash. Failure to submit an Annual Leave Cash Out Form with an irrevocable election by December 15 of each year shall be the same as not electing to cash out annual leave during the following calendar year.
Annual leave hours used for paid time off will be deducted first from annual leave hours accrued in prior calendar years, and last from annual leave hours accrued in the current calendar year.
C. Exception – Unforeseeable Emergency
Employees who experience an unforeseeable emergency may elect to cash out annual leave hours , including hours that have accrued. For these purposes, “unforeseeable emergency” means a severe financial hardship to the employee resulting from an illness or accident of the employee, the employee’s spouse, or a dependent of the employee, loss of the employee’s property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee. The amount of the cash out shall be limited to the amount necessary to satisfy the unforeseeable emergency plus an amount necessary to pay taxes reasonably anticipated as a result of the cash- out. Whether an occurrence is an unforeseeable emergency shall be determined by the City Manager in their sole discretion.
D. Reopener
If it is subsequently determined by the City, the Internal Revenue Service, a court of competent jurisdiction or another governing authority that the leave redemption provisions 41 35
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 in place prior to October 2021 or substantially similar, will not trigger constructive receipt of income from accrued leave, the union may, at its sole option, compel the City to reopen negotiations in order to restore the leave redemption provisions in place in October 2021 or something substantially similar that will not trigger constructive receipt of income from accrued leave.
90-69, 2014-03, 2019-44, 2021-37
Employees may cash-out between eight and 160 hours of Annual Leave accumulations on a semi-annual basis, provide the employee’s accrued Annual Leave balance does not fall below 20 hours following the cash- out. Effective January 1, 2021, the maximum amount of cash-out will increase to 180 hours.
84-84, 2019-44
Advance Following Leave of Absence - Employees on Leave Without Pay for 30 calendar days or more due to a disability that precludes the employee from working, shall be eligible to receive an advance of Annual Leave accumulations under the same provisions as new e mployees. Employees shall be eligible to receive such Annual Leave accumulation advance, after the period of disability has ended and the employee has returned to full -time employment. A n employee shall only be eligible for such Annual Leave accumulation advance once during their employment with the City.
Article 14. - Bereavement Leave
84-84, 2017-40
Effective January 1, 2018, any use of bereavement leave requires notification of the Department Head. Employees shall be entitled to three (3) working days leave with pay whenever the death of their immediate family member occurs.
2019-44, 2021-37
Immediate family for purposes of this Article is defined to include individuals related to the employee or the employee’s spouse by reason of blood line, marriage, adoption, or foster care.
2019-44
Any authorized leave necessary in excess of three (3) days bereavement leave shall be chargeable to annual leave, as approved by the Department Head.
2019-44
Employees shall be entitled to five (5) working days of bereavement leave whenever the death of an immediate family member necessitates traveling out of state or out of the country.
Employee is to fill out “Leave Request” form for submission with employee’s timesheet upon return from bereavement leave to document the time used.
When utilizing Bereavement Leave, in addition to completing a Leave Request form, employees will also be required to complete a Bereavement Leave Request and acknowledgement form, available on the City’s share drive. Falsification of the form or 42 36
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 inappropriate use of the Bereavement Leave benefit could result in discipline up to and including termination. The Bereavement Leave Request and Acknowledgement form is to be submitted with the employee’s timesheet and Leave Request.
Bereavement use shall be limited to 60 hours per calendar year. Beyond 60 hours per year, employees will be required to take Annual Leave.
Article 15. - Deferred Compensation
94-66, 2019-44
The Parties agree that a representative of the Union will be involved in any formal discussions which may result in changes in the Section 457 Deferred Compensation plan, and that the 457 Committee has the right to propose changes for consideration by the City.
2019-44
Effective the first paycheck in February 2020, the City shall make a one-time contribution of $250 on behalf of each enrolled employee to the City’s 457 plan.
Effective the first paycheck in February 2021, the City shall make a one-time contribution of $100 on behalf of each enrolled employee to the City’s 457 plan. 2025-39
Effective upon City Council adoption, the City shall contribute $20 30 per pay-period on behalf of each enrolled employee in the City’s 457 plan. In addition to the $20 30 per pay- period, the City will match each dollar that the employee contributes on a one- to-one basis, up to $50 75 per pay-period. The City’s contributions, including match dollars, are not prorated for eligible part-time employees.
Article 16. - Tuition Reimbursement
2006-38, 2019-44, 2025-39
The City shall provide up to $1,600.001,800.00 per fiscal year to eligible employees through the Tuition Reimbursement and/or Scholastic Incentive policy. Tuition reimbursement will be paid only for coursework from institutions meeting the accreditation standards specified below. Institutions will be acceptable if they have received accreditation from one of the following regional accrediting bodies:
• Middle States Association of Colleges and Schools
• New England Association of Schools and Colleges
• North Central Association of Colleges and Schools
• Northwest Commission on Colleges and Universities
• Southern Association of Colleges and Schools
• Western Association of Schools and Colleges
• Or any other accreditation institution recognized by the United States Department of Education.
2019-44
It is the City’s policy that any coursework approved for reimbursement be work-related or degree-directed and provide the equivalency of three semester credits or units. The educational criteria for employees will also be based on these standards. 43 37
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 2014-03, 2019-44
Tuition Reimbursement may include professional development courses for the renewal of, or continuing educational units (CEU’s) required to maintain, all required or management approved certificates and licenses from any state accredited or industry - recognized online educational institution.
Article 17. – Prescription Safety Glasses
2017-40
The City shall provide one pair of prescription safety glasses not to exceed the amount of Two Hundred dollars ($200.00) for each employee required by the City to wear safety glasses to prevent particulates, water or chemicals from striking the eyes. Employees requesting safety glasses must provide a copy of their doctor’s prescription to their Supervisor or Superintendent or a designee. All safety glasses will require side- shields and will be provided through one vendor chosen through the standard purchasi ng process. Requests for prescription safety glasses must be submitted in a timely manner.
Prescription safety glasses with side-shields are being provided for an employee’s safety and must be worn at all times during work assignments.
Prescription safety glasses may be provided once per year if the prescription changes, or once every two years if the prescription does not change. The care and maintenance of the safety glasses that are being provided are the employee’s responsibility.
44 38
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
SECTION V WORK SCHEDULES
Article 1. - Response Time
90-69, 2019-44
Employees on standby status shall be required to respond to a call back within thirty minutes.
Article 2. - Rest Breaks-Police Department
74-22, 2017-40, 2019-44
The City agrees to provide to employees in the positions of Dispatcher and Dispatcher Trainee two rest periods of approximately fifteen (15) minutes each during a regularly assigned shift except in cases of unforeseeable emergency. Such rest periods shall be taken as the City in its direction authorizes, except that the City shall make every reasonable effort to authorize one of the periods to be taken in the first half of a shift and the other in the second half of the shift.
Article 3. - Clean-Up Time
75-79, 2021-37
The City agrees that each employee assigned to the Waste Water Treatment Plant shall receive fifteen (15) minutes at the end of each shift to clean up and change uniforms. In such case, employees must change clothes and cannot depart the premises wearing or in possession of the soiled uniform; to do so will be grounds for discipline.
Article 4. - Transit Coach Operators
Seniority For Determining Bus Route Assignments
82-91
The City shall utilize a system of seniority of City employment for determining the assignment of Transit Coach Operators to certain routes. Such seniority shall be determined by each Transit Coach Operator's continuous service. Upon initial implementation of this seniority system, in only such cases where current employees have equal seniority, the Union shall provide the order of seniority for such Transit Coach Operators.
The City may, at the City's option, temporarily assign different routes when such assignment is necessary due to employees leaves or training.
Days Off - Transit Coach Operators
94-66, 2019-44
It is agreed that Transit Coach Operators in permanent full-time positions shall have their leave requests processed in accordance with Transit Coach Operators’ Operating Manual, Section IV (Administration), subsection E (Leave Requests).
Reconfiguration Proposal
99-39
In preparing a Transit System reconfiguration proposal, the City agrees to provide interested Transit Coach Operators an opportunity to comment on and provide input into the proposal that is developed for City Council consideration. Operators may choose t o 45 39
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 either participate in a meeting held for this purpose or to submit written comments and suggestions.
Transit Coach Operators Meal and Rest Periods
2015-61
Due to the nature of work and the need to provide continuous transportation service during regular operating hours, Transit Coach Operators may be unable to be relieved of all duties during their shift, and therefore will be compensated for on the job meal and rest periods. Additionally, Transit Coach Operators’ schedules may vary daily, resulting in the potential for inconsistent meal and rest period times. Therefore, Transit Coach Operators will receive meal and rest periods on an aggregate basis.
Transit Coach Operators will receive 10 aggregate minutes of paid rest time per four hours worked. In addition, 30 aggregate minutes of paid meal time will be provided for shifts exceeding six hours.
2019-44
Employees, while performing Transit bus driving duties, including Transit Coach Operators and Transit Operations Assistants, will be subject to these paid aggregate meal and rest periods, only while driving vehicles for a consistent period of at least four hours.
Transit Coach Operators and Transit Operations Assistants performing other functions, for example training, office work, etc., will be subject to Hours of Work per Policy 5, General Unit Manual.
Examples:
An 8-hour shift will include at least 50 aggregate minutes of paid meal and rest time.
A 6-hour shift will include at least 10 aggregate minutes of paid rest time.
A 5-hour shift will include at least 10 aggregate minutes of paid rest time.
2017-40, 2019-44
The Parties agree to meet and confer to discuss Transit language and items pertaining to transit operations no later than September 30, 2017. Without delaying the contract negotiations, the Parties’ bargaining teams will meet to discuss the Transit Operations Manual and develop a list of Transit items to be incorporated into the MOA at a later date.
Article 5. - Flexible Working Hours
2019-44
Alternative work schedules will be available to any employee with the Department Head’s approval.
The Parties agree that, during the term of this MOA, the City may establish a 9/80 work schedule for all employees assigned to City Hall. Under this 9/80 schedule, City Hall would be closed every other Friday. The City agrees that should it identify a business need to establish a 9/80 work schedule for City Hall, it will provide SEIU Local 721 with notice and the opportunity to meet and confer over negotiable impacts. The meet and confer shall include discussions about City-paid holidays. 46 40
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 The parties understand that the schedules are to be developed in compliance with the Fair Labor Standards Act (FLSA) but are not intended to result in increased compensation to participants. It is further understood that, should subsequent FLSA rulings result in the work schedule increasing compensation, the City reserves the right to revert to the previous 8 hour per day, 5-day per week work schedule.
94-66
The parties agree that three additional dispatchers will be placed on the modified work schedule known as the "4/10" plan, for a total of four dispatchers on this schedule.
99-39, 2019-44
The City shall consider reverting the Dispatchers to the 4/10 schedule. Such decision will be based on the City’s analysis and comparison of the advantages and disadvantages of the 5/8, 4/10, and 3/12 programs, including but not limited to ease of schedul ing, recruitment/retention factors, staffing, overtime, and other cost factors.
2015-61, 2019-44
City Manager approval of this new schedule option shall not negatively impact service to the citizens in its implementation. It is understood that not all employees and/or departments will be approved for a 4/10 schedule. The Parties will meet and confer regarding implementation of the 4/10 schedule option, when requested.
Article 6. - Time Off Requests
94-66, 2014-03
The City agrees that any employee requesting time off shall submit in writing and will be formally notified in writing of a denial or approval as follows:
Time Off Requests
Length of Time Off
Requested
Length of Notice
Required
Length of Time for
Supervisor Response
Three (3) Days or Less At Least Five (5) Business
Days
Up to Five (5) Business Days
(from the date submitted)
More than Three (3)
Days
At Least ten (10) Business
Days
Up to Ten (10) Business
Days (from the date
submitted)
This shall not preclude the supervisor from approving time off requests of any duration upon their discretion for emergencies or other unforeseen reasons. Discretion should be used in requesting time off far in advance of the leave date to allow for workload to be managed.
Article 7. - Restroom Use - Field Personnel
94-66
The parties agree that employees may not be restricted to formal break time as the only time to use restroom facilities. The parties further agree that employees will not be 47 41
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 threatened or intimidated for the timely, appropriate use of restroom facilities, and that the burden of proof with regard to misuse of this privilege falls upon supervisory personnel.
Article 8 – Scheduled Training
2014-03
The parties agree that staff time spent in training is time well invested. Therefore, use of annual leave shall not be required for staff attendance at pre-approved training sessions.
Training requiring an overnight stay will be subject to the City’s Travel Policy. Supervisor approval for training shall be subject to workload and departmental needs.
Article 9 – Work Schedule Changes
2019-44
The Parties agree to meet and consult regarding problems with, or changes in work schedules on a Department basis during the term of this MOA upon request. Absent emergency/unanticipated circumstances, and when possible, line Department supervision / management will provide at least 14 calendar days’ notice to SEIU of any schedule change reasonably anticipated to impact the bargaining unit.
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SECTION VI EMPLOYEE STATUS
2015-61
Article 1. - Noteworthy Dates
Definitions
Anniversary Date: An employee’s anniversary date is the date on which the employee is hired, and from which such employee has maintained continuous employment .
Continuous employment is further described under the definition for “Years of Service” below.
Hire Date: The date, recorded on a Personnel Action Form, upon which an employee has officially begun work with the City. A new Hire Date may be recorded if an employee separates from the City and is later re- employed. All actions regarding an employee’s job employment status, along with other information, is recorded on a Personnel Action Form as described in Policy 4, Personnel Records , in the General Unit Employees’ Manual.
Merit Review Date: The date on which an employee’s performance is evaluated in consideration of receiving a merit increase as defined in Policy 14, Compensation, in the General Unit Employees’ Manual. Merit Review Date shall be correlated with employee’s anniversary date with an exception of promotion, demotion, reclassification and transfer.
The Merit Review Date shall be adjusted in cases where probation has been extended as described in Policy 8, Probation, or may also be changed if employee has been promoted, demoted, reclassified, or transferred as described in Policy 14, Compensation, in the General Unit Employees’ Manual.
Years of Service: All continuous Regular Status service to the City, including Temporary or Limited-Term Status employment immediately preceding Regular Status employment will be considered continuous service toward eligibility of service awards as further described in Policy 22, Service Awards, in the General Unit Employee’s Manual.
Article 2. - Reinstatement
78-163, 2015-61, 2019-44
An employee who separates employment in good standing may be reinstated to a vacant position in his/her former job class within one year of separation date without re-qualifying for employment by competitive processes. Reinstatements shall be made at t he discretion of the appointing authority as described in Policy 10, Reinstatement, of the General Unit Employees’ Manual.
2006-38
If an employee is reinstated within one year of termination, the employee is not subject to a new probationary period if probation had been previously completed by that employee in the same classification.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Article 3. - Acting Assignments
90-69, 2019-44
An employee may be temporarily assigned to a higher classification in an acting capacity when the Department Head determines that an acting assignment is required to temporarily replace an employee on leave anticipated to be six consecutive working days or more in duration, or a vacancy occurs in such a classification. Such assignment must be in writing, and signed by the Department Head or the City Manager. An employee must meet the minimum qualifications of the position to which he/she is to be assigned .
The employee shall receive the minimum salary for the position to which he/she is assigned, or an additional 5% of his/her current salary for the position to which the assignment has been made, whichever is greater. Such payment will be effective the first day of the temporary acting assignment. A temporary acting appointment shall not exceed 120 consecutive or cumulative working days, unless approved in writing by the City Manager, but in no event shall an employee be assigned to an acting assignment for more than 960 hours per fiscal year. An employee assigned to a temporary acting appointment shall not be removed from the assignment except on the basis of failure to adequately perform the responsibilities of the assignment.
Article 4. - Probation
77-148, 2014-03, 2019-44
The City shall have the right to extend an employee's probationary period to account for the employee’s absences due to illness, injury, discipline and/or leave requested by the employee, or in lieu of dismissal or demotion; provided, however, that said absences total more than thirty working days during the probationary period, and provided further, that said extension of probationary period shall be for no longer than the number of days the employee actually misses due to absence from illness, injury, discipline and/or leave requested by the employee.
88-89, 2014-03, 2015-61, 2019-44
Promotional appointments in the following less experienced or "in-training" classification in the progression is considered as the probationary period for the more experienced classification.
Accounting Assistant I to Accounting Assistant II
Accounting Technician I to Accounting Technician II Building Inspector I to Building Inspector II
Counter Services Technician I to Counter Services Technician II Crime Scene Investigator Trainee to Crime Scene Investigator I* Crime Scene Investigator I to Crime Scene Investigator II* Engineering Technician to Senior Engineering Technician Maintenance Worker I to Maintenance Worker II
Mechanic I to Mechanic II
Office Assistant I to Office Assistant II
Office Specialist I to Office Specialist II
Plant Maintenance Technician I to Plant Maintenance Tech. II Plant Operator Trainee to Plant Operator I*
Plant Operator I to Plant Operator II*
Plant Operator II to Plant Operator III*
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Police Dispatcher Trainee to Police Dispatcher
Police Records Technician I to Police Records Technician II Theater Technician I to Theater Technician II
Transit Coach Operator Trainee to Transit Coach Operator Tree Trimmer I to Tree Trimmer II
Wastewater Collection Tech. Trainee to Wastewater Collection Tech I* Wastewater Collection Tech. I to Wastewater Collection Tech. II* Waterworks Services Worker Trainee to Waterworks Services Worker I* Waterworks Services Worker I to Waterworks Services Worker II* Waterworks Services Worker II to Waterworks Services Worker III*
*Certifications Required
2015-61
Original appointments, promotions, transfers, reclassifications, and demotions to Regular Status positions are subject to a probationary period of one year. Transfers, Reinstatements, and D emotions to classifications in which prior probation had successfully been completed are not subject to a new probationary period.
Article 5. - Reduction in Force
2010-44, 2019-44
The Parties agree that any reductions in force shall be processed in accordance with the Reduction-in-Force Policy set forth in the City’s Employees’ Manual, a copy of which is available at Attachment 4 to this MOA
During the term of the MOA both parties agree to discuss alternatives to Reduction in Force (such as a short-term furlough) should the financial need arise.
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SECTION VII PERFORMANCE
Article 1. - Grievance Procedures
2019-44
The Parties agree that grievances shall be processed in accordance with the Grievance Procedures policy set forth in the City’s Employees’ Manual, a copy of which is available at Attachment 5 to this MOA.
Article 2. - Disciplinary Procedures
2019-44
The Parties agree that disciplinary actions shall be processed in accordance with the Disciplinary Actions policy set forth in the City’s Employees’ Manual, a copy of which is available at Attachment 6 to this MOA.
Article 3. - Employee Personnel File
76-63, 2019-44
No material relating to performance appraisal, salary action or disciplinary action shall be placed in an employee’s personnel file, without the employee first being given an opportunity to read such materials. The employee shall acknowledge that he/she has read such material by signing the material to be filed, with the understanding that, although such signature indicates acknowledgment, it does not necessarily indicate agreement. If the employee refuses to sign the material, it shall be placed in his personnel file with the appropriate notation by the person filing it.
Article 4. - Employee Response to Performance Evaluation 84-84, 2019-44
The Parties agree to amend the Employees' Manual to allow an employee the opportunity to provide a written response to his/her written employee performance evaluation. It is the employee’s responsibility to submit his/her written response to the Department Head and to Human Resources. Upon receipt, Human Resources will place a copy of the response in the employee's official personnel file at the employee's request.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
SECTION VIII HEALTH AND SAFETY
Article 1. – Safety
74-22, 2015-61, 2019-44
The City shall place increased emphasis on its efforts to provide for the safety of employees during the hours of their employment by instituting the following actions in coordination with employees and SEIU Local 721:
a. On or about 30 days after the effective date of this MOA, a Safety Advisory Committee consisting of City management and employee representatives of the General Unit shall be established by the City and shall convene its initial meeting. The Committee shall establish procedures to carry out its general objective of advising the City on means of achieving increased employee safety in its operations on an on- going basis. It will be the responsibility of the Committee to analyze and assess existing safety practices and procedures, and to propose modifications and amendments, having due regard for the newly enacted State legislative standards. The Committee will have the function of receiving, assessing and making recommendations to the City regarding employee and employee organization communications pertaining to employee safety matters.
b. Disseminating and familiarizing employees with existing safety procedures.
75-79
Employees shall be responsible for adherence to all safety rules and regulations. Such training as is necessary shall be scheduled and conducted by qualified personnel.
Article 2. - Rest and Recovery
96-69
The Safety Advisory Committee shall review and make recommendations on safety concerns with regard to rest and recovery issues for employees required to work beyond their normal shifts.
2006-38, 2014-03, 2019-44
The Rest and Recovery policy is intended for those unplanned occasions where an employee works additional hours within the standard sleep hours (9:00 pm to 5:00 am).
In cases where the assignment is planned in advance, and is a temporary but continuous change in the employee’s work shift, which lasts in excess of two days, the work schedule may be adjusted as dictated by the assignment. When such work shift is modified pursuant to these circumstances, the employee will receive an hourly premium of 10 percent additional salary for those hours worked outside of the employee’s normal shift hours. No other additional pay will be granted. The number of hours worked within the standard sleep period will be added to the beginning of the shift on the following day or at the employee’s option, and with approval of supervisory staff, employees may elect to:
a. Use annual leave or compensatory time when added to rest and regularly scheduled shift.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 b. Stay on the job and use the rest and recovery at the end of the shift to complete the remainder of their regular work shift.
These options shall not be unreasonably denied by supervisory staff.
Article 3. - First Aid Kits
90-69, 2019-44
The City shall provide first-aid kits in all City lunch rooms and in City vehicles, and shall maintain and restock such kits on a regular basis.
2017-40
The City agrees to have the Safety Committee develop a process by January 2018 to ensure that all City issued First Aid Kits are regularly updated to comply with this article.
Article 4. - Safety Equipment
90-69
The City shall provide self-contained breathing apparatus (with 30 minute air supply) and portable gas detection meters for employees assigned to Sanitation Plant and flood control responsibilities involving hazardous activities affecting respiration. One back-up apparatus shall be provided per crew.
Article 5. - Police Service Officer Training
90-69, 2019-44
Police Service Officers shall be provided periodic safety awareness training as it relates to their being assigned to work alone outside of the Police Facility.
Article 6. - Substance Abuse Policy
2019-44
The Parties agree that the Substance Abuse Policy set forth in the City’s Employee’s Manual shall be applicable to all employees. A copy of the Substance Abuse Policy is available at Attachment 7 to this MOA.
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ATTACHMENT 1
CLASSIFICATIONS INCLUDED IN THE GENERAL UNIT
Accounting Assistant I/II
Accounting Technician I/II
Administrative Technician
Building Inspector I, II/Senior Building Inspector
Building Maintenance Technician
Code Compliance Technician
Communications Supervisor (2019-41)
Contract Compliance Specialist
Counter Services Technician I/II
Crime Scene Investigator Trainee/Crime Scene Investigator I/II Custodian/Senior Custodian
Customer Service Representative/Senior Customer Service Representative Electrical Inspector
Engineering Aide
Engineering Technician/Senior Engineering Technician
Environmental Compliance Inspector
Field Laboratory Technician
Geographic Information System Technician
Graphics/Support Services Technician
Heavy Equipment Operator
Human Resources Technician/Senior Human Resources Technician Industrial Painter
Instrumentation Technician/Senior Instrumentation Technician Inventory Support Specialist
Laboratory Technician/Senior Laboratory Technician
Legal Technician
Maintenance Worker I/II
Maintenance Worker III
Mechanic I/II
Nutrition Services Worker
Office Assistant I/II
Office Specialist I/II
Paralegal
Planning Technician
Plans Examiner
Plant Electrician
Plant Maintenance Program Technician
Plant Maintenance Technician I/II
Plant Maintenance Technician III
Plant Operator Trainee/Plant Operator I/II/III
Plumbing/Mechanical Inspector
Police Dispatcher Trainee/Police Dispatcher
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 Police Maintenance Coordinator
Police Maintenance Specialist
Police Maintenance Technician/Senior Police Maintenance Technician Police Records Technician I, II/Senior Police Records Technician Police Services Officer
Printer
Property Officer
Property Technician
Public Works Inspector
Recording Secretary
Support Services Worker
Theater Technician I/II
Transit Coach Operator Trainee/Transit Coach Operator
Transit Dispatcher/Senior Transit Dispatcher
Transit Operations Assistant
Tree Trimmer I/II/Senior Tree Trimmer
Utilities Specialist
Victim Advocate
Wastewater Collection Technician Trainee/Wastewater Collection Technician I/II Waterworks Meter Reader
Waterworks Operator Trainee/Waterworks Operator I/II/III Waterworks Systems Technician
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 2015-61, 2019-44, 2023-16
ATTACHMENT 2
CLASSIFICATIONS ELIGIBLE FOR UNIFORMS
Building Maintenance Technician
Custodian/Senior Custodian
Environmental Compliance Inspector
Heavy Equipment Operator
Industrial Painter
Instrumentation Technician/Senior Instrumentation Technician Laboratory Technician/Senior Laboratory Technician
Maintenance Worker I/II/III
Mechanic I/II
Plant Maintenance Program Technician
Plant Maintenance Technician I/II/III
Plant Operator Trainee/I/II/III
Police Dispatcher Trainee*/Police Dispatcher*/Communications Supervisor* Police Services Officer*
Property Officer
Property Technician
Transit Coach Operator Trainee/Transit Coach Operator*
Transit Operations Assistant*
Tree Trimmer I/II/Senior Tree Trimmer
Wastewater Collection Technician Trainee/Wastewater Collection Technician I/II Waterworks Operator Trainee/I/II/III
Waterworks Systems Technician
* Noted job classifications also receive uniform allowance in accordance with Section IV, Article 11 of the MOA.
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39 2019-44, 2023-16, 2025-39
ATTACHMENT 3
CLASSIFICATIONS ELIGIBLE FOR BOOTS
Building Inspector I/II
Building Maintenance Technician
Community Services Technician
Crime Scene Investigator Trainee/Crime Scene Investigator I/II Custodian/Senior Custodian
Electrical Inspector
Environmental Compliance Inspector
Heavy Equipment Operator
Industrial Painter
Instrumentation Technician/Senior Instrumentation Technician Laboratory Technician/Senior Laboratory Technician
Maintenance Worker I/II/III
Mechanic I/II
Plans Examiner
Plant Electrician
Plant Maintenance Program Technician
Plant Maintenance Technician I/II/III
Plant Operator Trainee/I/II/III
Plumbing/Mechanical Inspector
Police Maintenance Specialist
Police Services Officer
Property Officer
Property Technician
Public Works Inspector
Senior Building Inspector
Tree Trimmer I/II/Senior Tree Trimmer
Wastewater Collection Technician Trainee/Wastewater Collection Technician I/II Waterworks Meter Reader
Waterworks Operator Trainee/I/II/III
Waterworks Systems Technician
Should the Department Head or designee deem that safety boots are required for occasional use for any classification not listed above, the department will reimburse the employee up to the maximum allowance indicated in Section IV, Article 12, Safety Boot/Footwear Allowance.
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ATTACHMENT 4
LAYOFF AND RE-EMPLOYMENT POLICY
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ATTACHMENT 5
GRIEVANCE PROCEDURE POLICY
66 60
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ATTACHMENT 6
DISCIPLINARY ACTION POLICY
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
70 64
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
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ATTACHMENT 7
SUBSTANCE TESTING FOR SAFETY-SENSITIVE POSITIONS POLICY
73 67
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74 68
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
75 69
SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
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SEIU MOA 4/24/23 – 6/30/257/1/25 – 6/30/28 Resolution 2023-162025-39
This Memorandum of Understanding Agreement represents the agreement and understanding of the representatives of the General Membership of the Union and the City Council of the City of Simi Valley. This document shall become binding on the Membership of the Union and the City of Simi Valley only when ratified by the City Council.
FOR THE CITY OF SIMI VALLEY: FOR SEIU LOCAL 721:
Luis Garibay, Chief Negotiator Gerry F. Daley, Chief Negotiator
Zachary Lopes, Counsel Leonard Castillo, Worksite Organizer
Vivienne DeLuca
James Paredes
Jonathan Sandoval
Marshall Miranda
84 Attachment B
GUIDING PRINCIPLES FOR NEGOTIATIONS
WITH RECOGNIZED EMPLOYEE ORGANIZATIONS
PURPOSE. The City of Simi Valley values its employees and seeks to provide fair and equitable compensation for each employee group and classification. The following principles are established to guide adoption of compensation plans and contracts covering City employees.
GUIDING PRINCIPLES.
(1.) Bargaining in Good Faith – The City renews its ongoing commitment to abide by the Meyers -Milias-Brown Act while developing strategies for long term fiscal stability. The City will negotiate in good faith, with the ultimate goal of ensuring long-term fiscal sustainability of employee salaries and benefits. (2.) Recruitment and Retention – The City’s compensation should, when economically feasible, be structured and provided at levels sufficient to recruit and retain qualified employees who are committed to providing the highest quality service to the community using compensation practices that are competitive with other comparable agencies.
(3.) Fiscal Sustainability – All compensation commitments must take into account the financial ability of the City and be consistent with the principles of fiscal sustainability. The City should be able to meet the cost of any compensation commitment from current and projected on- going City revenues. Contracts, including compensation commitments, should not contain embedded costs and obligations that are difficult for the public to understand/evaluate, or for the City to articulate and sustain long-term.
(4.) Transparency – Compensation for all City employees should be transparent to ensure full public disclosure of all elements of compensation, including all differential and incentive pay and all costs associated with health insurance, retirement, and other post- employment benefits. The City’s compensation structure should be simple and easily understood, and available online. (5.) Compliance with Laws – The City will ensure that its pay practices conform to the Fair Labor Standards Act (FLSA), abide by all requirements of the Meyers -Milias- Brown Act, and comply with other applicable State laws. (6.) Term of Agreements – Generally, the City should seek to negotiate multi -year agreements with recognized employee organizations. However, the City when considering long-term agreements, salary formulae should be based on objective cost of living indicators.
(7.) Priorities – Levels of employee compensation should ensure the City’s long- term success in achieving its core mission, support the City’s ability to continue providing services, programs, and activities that align with the priorities of the public and the City Council, and be consistent with the interests and welfare of the public.
(8.) Management Rights – The City must maintain its management rights to supervise, manage, and direct its workforce. The City should not enter into agreements that contain unreasonable restrictions on the City’s current management rights. (9.) Flexibility – The City should recognize that flexibility may be necessary on the specific elements of the overall compensation package, provided that guiding principles are achieved within budget constraints.
85 POLICIES AND PROCEDURES FOR NEGOTIATIONS
WITH RECOGNIZED EMPLOYEE ORGANIZATIONS
PURPOSE. The purpose of this policies and procedures document is to set guidelines for staff and the City Council to ensure that all labor negotiations are conducted in good faith, to avoid actions that would hinder the City’s labor negotiation teams, and to provide timely and accurate information about the negotiations to the City Council and the public.
POLICIES AND PROCEDURES.
(1.) Prior to initiation of negotiations, a public meeting shall be held to allow members of the public the opportunity to provide comments on the City’s Guiding Principles, Policies and Procedures, and other labor negotiation recommendations. (2.) Pursuant to Section (3.)(M.) of Resolution 73 -79, the City Manager is the City’s Employee Relations Officer responsible for meeting and conferring in good faith with representatives of formally recognized employee organizations. The City Council may express its views to the City Manager but shall endeavor not to interfere with the execution by the City Manager of his or her authority to negotiate on behalf of the City.
(3.) Pursuant to the Meyers -Milias–Brown Act, all contract negotiations should take place at the bargaining table between the designated representatives of the City and the designated representatives of the various bargaining units. Both the City and the bargaining units have an obligation under applicable laws to negotiate in good faith and, in the spirit of good faith bargaining, should not bypass the negotiating teams.
(4.) Bargaining units should submit their proposals for changes to wages, benefits, terms, and conditions of employment no later than 90 days prior to expiration of the Memorandum of Understanding to encourage a timely conclusion of negotiations.
(5.) Nothing in this policy shall prohibit members of the City Council from listening to bargaining unit representatives or persons acting on their behalf. (6.) Nothing in this policy prohibits the City Manager from requesting the assistance of the City Attorney in carrying out the City Manager’s responsibilities as the Employee Relations Officer.
(7.) Authorization and direction to the City Manager on bargaining parameters shall be provided by the City Council in closed session. In order to retain the integrity of the negotiation process, closed session discussions must remain confidential. (8.) The City Manager shall have a duty to advise the City Council during agendized closed session meetings of offers, counteroffers, information, and/or statements of position discussed by employee organizations and City representatives participating in the bargaining process since the last agendized closed session. (9.) Each Council Member shall disclose publicly during open session, the identity of employee association representatives with whom the Council Member has had any verbal, written, electronic, or other communications regarding a subject matter of a pending meet and confer process.
(10.) Unless mutually agreed to by the City and the bargaining unit representatives, negotiation sessions shall remain confidential.
86 (11.) Upon impasse, the City Manager may provide periodic upd ates on the status of labor negotiations to the City Council in open session. (12.) Upon impasse, bargaining unit representatives or persons acting on their behalf may comment on the City Manager’s open session labor negotiations status update. This shall be done during open session to ensure each of the Council Members receives the same information. The City Council may listen to these statements made in the public forum and may ask questions for clarification purposes, but shall not respond to the comments, or engage in dialogue or any other form of bargaining with the representatives.
(13.) Recognizing there is public interest in transparency regarding compensation practices, recommended labor agreements shall be made available for public review at least 72 hours prior to final approval of an agreement. (14.) The City shall ensure that all compensation packages are fully, accurately, and simply “costed out over time,” with total costs displayed to the public at the time of public review so the public has the opportunity to understand/evaluate the pay at issue.
(15.) The cost measurements shall display the fiscal impacts of the proposed compensation packages. The report shall include all benefit and or pay aspects of each memorandum of understanding.
(16.) Excepting the resolution of any meet and confer impasse, the rendering of a final City Council determination regarding adoption of a memorandum of understanding shall only be undertaken after the matter has been heard at a regular City Council meeting wherein the public has had the opportunity to review and comment on the matter.
(17.) For purposes of agendized closed session meetings outlined in Item 8 above, “information” shall mean salaries, salary schedules, compensation paid in the form of fringe benefits, the City’s available funds, and funding priorities for the purpose of reviewing the City’s position and instructing the City’s labor negotiating team. 87