Agenda packet, special meeting — South Gate City Council, November 12, 2024

SOUTH GATE CITY COUNCIL

SPECIAL MEETING AGENDA
Tuesday, November 12, 2024 at
5:30 p.m.

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:

HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR, Gil Hurtado
CITY CLERK, Yodit Glaze
VICE MAYOR, Maria Davila
CITY TREASURER, Jose De La Paz
COUNCIL MEMBER, Maria del Pilar Avalos
CITY MANAGER, Rob Houston
COUNCIL MEMBER, Joshua Barron
CITY ATTORNEY, Raul F. Salinas
COUNCIL MEMBER, Al Rios

If you would like to participate in this meeting, you can participate via the following options:

1. VIEW THE MEETING ONLINE AT
:

https://youtube.com/@SouthGateCA90280
Please allow up to 24 hours after the meeting for the archive to be available.

2. PARTICIPATE BEFORE THE MEETING
by emailing the City Clerk at:
[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.

3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative body from taking further action and moving forward on the agenda.

Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business 1 session will commence at 6:30 p.m.

Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.

Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.

Call to Order/Roll Call

CALL TO ORDER:

Gil Hurtado, Mayor
ROLL CALL:

Yodit Glaze, City Clerk

Meeting Compensation Disclosure

Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.

Open Session Agenda

1. Proclamation declaring November 11-15, 2024, as Law Enforcement Records and Support Personnel Appreciation Week

The City Council will issue a Proclamation declaring November 11 through 15, 2024, as Law Enforcement Records and Support Personnel Appreciation Week. (PD) Documents:

Item 1 Report 11122024.pdf

2. Labor Negotiations with South Gate Professional Mid-Management Association and South Gate Municipal Employees Association

The City Council will consider: (HR)

2 a. Adopting a Resolution approving the South Gate Municipal Employees Association (SGMEA) MOU and the South Gate Professional Mid-Management Association (SGPMMA) MOU for the term of July 1, 2024, through June 30, 2025; and

b. Authorizing the Mayor to execute the comprehensive successor Memorandums of Understanding in a form acceptable to the City Attorney.

Documents:

Item 2 Report 11122024.pdf
Closed Session: (ATTY)

1. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Representation: Rob Houston, City Manager
Employee Organizations: SGPMMA, SGMEA
Documents:

Closed Session Memorandum 11122024.pdf

2. CONSIDER THE EVALUATION OF PERFORMANCE OF A PUBLIC EMPLOYEE Pursuant to Government Code Section 54957
a. City Manager
Special Meeting Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on November 11, 2024, at 2:55 p.m., as required by law.

Yodit Glaze
City Clerk

GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.

MEETING SCHEDULE
3 Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:

City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.

PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers.

Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.

Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.

To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, email, mail. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.

STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.

SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
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Law Enforcement Records and Support
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The protection of California's communities is
dependent not only on the men and women who
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NOW, THEREFORE, be it proclaimed on this 12'h day of November 2024, that I, Gil Hurtado, Mayor of the City of South Gate, do hereby declare November 11-15, 2024, as "Law Enforcement Records and Support Personnel Appreciation Week." Item No. l
5 Office of the
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CITY COUNCIL
AGENDA JJ[LL
For the Regular Meeting of: November 12, 2024
Originating Department: Human Resources
Humaii Resources Director: hiltx City Manager:

Jon Hamilton Rob Houston
SUBJECT: APPROVAL AND ADOPTION OF SUCCESSOR MEMORANDUMS OF

UNDERSTANDING WITH THE SOUTH GATE MUNICIPAL EMPLOYEES'

ASSOCIATION (SGMEA) AND THE SOUTH GATE PROFESSIONAL MID-

MANAGEMENT ASSOCIATION (SGPMMA)
PURPOSE: To approve and adopt the successor Memorandums of Understanding ("MOU") between the City of South Gate ("City") and the Sorith Gate Municipal Employees Association ("SGMEA") and the South Gate Professional Mid-Management Association ("SGPMMA") (collectively "MOUs") covering the teri'n of July 1, 2024, through June 30, 2025, which shall supersede the predecessor MOUs, Amendments and Tentative Agreements between the City and the SGMEA and SGPMMA.

RECOMMENDED ACTIONS:
a. Adopt Resolution approving the SGMEA MOU and the SGPMMA MOU for the term of July 1, 2024, tbrough June 30, 2025; and
b. Authorize the Mayor to execute the comprehensive successor Memorandums of Understanding in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact from adopting the Resolution approving the comprehensive successor MOUs as the negotiated additional costs related thereto were contemplated and approved in the Fiscal Year 2024/25 Adopted Budget.

B ACKGROUND: After extensive negotiations between tlie City and SGMEA and SGPMMA, both of which were represented by SEIU Local 721, an agreement was reached for a one-year term (July 1, 2024, to June 30, 2025). In summary, the agreement includes: (1) a three percent (3.0%) base pay increase effective the first full pay period following adoption of these successor MOU; (2) a $2,000 bonus payable to each SGMEA and SGPMMA member as soon as practicable following adoption of these successor MOUs; (3) an update to the Longevity Pay provision; (4) an update to the Bilingual Pay provision (SGPMMA only); and (5) starting concurrently on January 12, 2025, a one percent (1.O%) base pay increase in exchange for an additional one percent (1.O%) cost sharing towards the employer CalPERS contribution.

The City Council is being requested to adopt a Resolution approving the successor SGMEA MOU and SGPMMA MOU and authorize the Mayor to execute the same in a form acceptable to the City Attorney.
1 Item No. 2
6 Staff would like to acknowledge and thank SEIU Local 721, the SGMEA Negotiation Team, and SGPMMA Negotiation Team for the time and effort that has been put forth to complete thes successor MOUs.

ATT ACHMENT:

A. Resolution
B. SGMEA MOU 2024-2025
C. SGPMMA MOU 2024-2025
2 7
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,

CALIFORNIA, APPROVING AND ADOPTING SUCCESSOR MEMORANDUMS OF

UNDERSTANDING WITH THE SOUTH GATE MUNICIPAL EMPLOYEES'

ASSOCIATION (SGMEA) AND THE SOUTH GATE PROFESSIONAL MID-

MANAGEMENT ASSOCIATION (SGPMMA)
WHEREAS, the last Memorandum of Understanding ("MOU") between the City of South Gate ("City") and South Gate Municipal Employees Association ("SGMEA") and the MOU between the City of South Gate and the South Gate Professional Mid-Management Association ("SGPMMA"), covered the term of July 1, 2021, through June 30, 2024; WHEREAS, the City met and conferred with SGMEA and SGPMMA to negotiate the successor MOUs for the ten'n of July 1, 2024, through June 30, 2025; and WHEREAS, the SGMEA and SGPMMA reviewed and approved the successor SGMEA MOU 2024-2025 and the SGPMMA MOU 2024-2025, both of which shall become effective only after adoption by the South Gate City Council.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are tnie and correct and incorporated herein by reference.

SECTION 2. The City Council does hereby accept, approve and adopt the successor Memorandums of Understanding between the City and the South Gate Municipal Employees Association, and between the City and the South Gate Professional Min-Management Association for the term of July 1, 2024, through June 30, 2025, attached respectively hereto as Exhibit "B" and "C."
[The remainder of this page left blank intentionally] 3 8
SECTION 3. Tlie City Clerk shall certify to the adoption of tl'iis Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 12f'l day of November 2024.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
ATTEST:

B-7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

DRAFT
BY:

Rail F. Salinas, City Attorney
4 9
Contract No.

MEMORANDUM OF UNDERST ANDING

BETWEEN THE

CITY OF SOUTH GATE

AND THE

SOUTH GATE
MUNICIP At EMPLOYEES

ASSOCIATION
JULY 1, 2024 JUNE 30, 2025
5 10

CONTENTS

ARTICLEI GENERAJL PROVISIONS

SECTION I RECOGNITION
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
SECTION 3 NON-DISCRIMINATION
SECTION 4 DURATION
SECTION 5 DUES DEDUCTION
SECTION 6 CONTRACTING OUT SERVICES
SECTION 7 DRESS CODE
SECTION 8 ASSOCIATION BUSINESS
SECTION 9 USE OF CITY FACILITIES
SECTION 10 LABOR MANAGEMENT COMMITTEE

SECTION II EMPLOYEE HANDBOOK
SECTION 12 PROBATION
SECTION 13 MAINTENANCE OF BENEFITS
SECTION 14 ELECTRONIC CHECK DEPOSIT
SECTION 15 SUBST ANCE ABUSE POLICY
SECTION 16 SMOKE FREE POLICY
SECTION 17 SUCCESSOR MOU NEGOTIATIONS
SECTION 18 WORK SCHEDULES
SECTION 19 DRINKING WATER
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE

ORIENT ATIONS AND INFORMATION
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF
OFFICIAL DOC{JMENTS

ARTICLE II SALARY & ALLOWANCES
SECTION 1 PAY INCREASES IMPLEMENT ATION
SECTION 2 WAGES
SECTION 3 LONGEVITY PAY
SECTION 4 MERIT BASED STEP INCREASE
5 5
5 5
6 7
7 8
8 8
9 9
10 10
10 11
11 11
II
II
12 12
12 13
13 13
SGMEA Successor MOU 2024-25 2
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SECTION 5 ACTINGPAY 14
SECTION 6 EDUCATIONAL REIMBURSEMENT 15
SECTION 7 MILEAGE ALLOWANCE 16
SECTION 8 BILINGUAL PAY 16
SECTION 9 CERTIFICATE PAY 16
SECTION 10 UNIFORM PAY 17
SECTION II ST ANDBY AND CALL-BACK PAY 18
SECTION 12 HEAVY EQUIPMENT OPERATOR PAY
SECTION 13 COMMERCIAL DRIVER'S LICENSE
ARTICLE III FRINGE BENEFITS 21
SECTION 1 MEDICAL, DENTAL & VISION INSURANCE
SECTION 2 LIFE INSURANCE
SECTION 3 VOLUNT ARY LIFE INSURANCE
SECTION 4 RETIREMENT
SECTION 5 DEFERRED COMPENSATION 25
SECTION 6 RISK MANAGEMENT & MEDICAL PROTECTION FOR COMMERCIAL LICENSE OPERATORS 26
SECTION 7 PHYSICAL FITNESS
SECTION 8 LONG TERM DISABILITY
SECTION 9 FLEXIBLE SPENDING ACCOUNT DEPENDENT CARE TAX

SAVINGS

ARTICLE IV LEAVE POLICIES
SECTION 1 HOLIDAY LEAVE
SECTION 2 VACATION
SECTION 3 SICK LEAVE
SECTION 4 PAY FOR JURY DUTY 32
SECTION 5 UNPAID LEAVE 32
SECTION 6 MATERNITY LEAVE 33
SECTION 7 FAMILY MEDICAL LEAVE ACT 34
SECTION 8 BEREAVEMENT 34
SGMEA Successor MOU 2024-25 3
712
SECTION 9 JOB RELATED INJURY OR ILLNESS 35
SECTION 10 MILIT ARY LEAVE 35
SECTION II COMPENSATORY TIME LEAVE 36
ARTICLE V DISCIPLINE & GRIEV ANCE PROCEDURES 36
SECTION I DISCIPLINE PROCEDURE 36
SECTION 2 GRIEV ANCE PROCEDURE 41
ARTICLE VI IMPLEMENT ATION OF MEMORANDUM OF UNDERST ANDING ..........44 SECTION I WAGE RIGHTS 44
ARTICLE VII LAYOFFS 45
ARTICLE VIII REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS .....................47 ARTICLE IX FULL UNDERST ANDING 47
ARTICLE X REOPENERS 48
SGMEA Successor MOU 2024-25 4
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ARTIC[EI

GENERAL PROVISIONS

SECTION I RECOGNITION
The South Gate Municipal Employees Association [affiliated and represented by the Service Employees International Union, Local 721], hereinafter called the "Association" or "SGMEA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit defined in Section 8.2.5 of the City's Employer- Employee Relations Resolution (Resolution No. 4508) as "All Municipal Employees of the City" assigned to the "500" Series salary range.

SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
it is the intent of the City and the Association that this successor MOU supersede all previous resolutions, MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.

SECTION 4 DURATION
This MOU shall cover the period from July 1, 2024, through June 20, 2025, and shall supersede the SGMEA MOU of 2021 - 2024. This successor MOU shall become effective only after the ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.

SGMEA Successor MOU 2024-25 5
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SECTION 5 DUES DEDUCTION
A. Automatic Payroll Deduction.

The City will continue automatic payroll deduction for the collection of Association dues throughout the term of this Agreement. The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the salary or wages of members of the Association. The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association shall also provide the certification of the membership list for deduction purposes to the City on an annual basis or more often as needed. Accordingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary or wages of each employee whose name is provided in writing by the Association.

The Association shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) working days, then the City shall be relieved of any further responsibility.

SGMEA Successor MOU 2024-25 6
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However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association. Any claims, demands, disputes arising from the application or interpretation of this Artide shall be filed directly with the Association and shall not be subject to the City's grievance procedures.

B. "COPE" Contribution.

Association members may voluntarily authorize in writing a Committee on Political Education (COPE) deduction from their salary. Employees wishing to participate shall provide written authorization on a form furnished by the Association indicating the amount to be deducted. The parties agree that an employee may revoke any such deduction at any time. The parties further agree that neither the Association nor the City will bestow any special benefit or cause any detriment as a result of an employee's voluntary choice to make, decline to make, or revoke contribution.

SECTION 6 CONTRACTING OUT SERVICES
The City retains the right to contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting outwherever possible, but the parties' understanding that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision- making authority regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months' pay in addition to the normal termination benefits applicable to other employees covered by this MOU SECTION 7 DRESS CODE
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.

SGMEA Successor MOU 2024-25 7
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SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official union business. This time will be recorded in accordance with City policy. Time spent on official Association business will not disrupt critical work schedules.

Disputes about this policy will be resolved through good faith discussions between the City and the Association and will not be subject to the grievance procedure.

The City agrees to provide two (2) days of release time with pay per year for each of two (2) Board Members or Board's designee/s to attend conferences or other activities as set by the Association.

SECTION 9 USE OF CITY FACILITIES
The City agrees that the Association may use City facilities to conduct meetings, provided that advance notice is given to the City, proper reservations are made for the use of the facilities to ensure availability and prevent scheduling conflicts, and that such use does not interfere with the normal business operations of the City.

SECTION 10 LABOR MANAGEMENT COMMITTEE
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and issues of mutual interest. The party calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other parff supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources.

The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.

SGMEA Successor MOU 2024-25 8
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SECTION II EMPLOYEE HANDBOOK
The Employee Handbook will be updated periodically and will be available in electronic form and subject to meet and confer on matters within the scope of representation.

SECTION 12 PROBATION
A. All new Association represented employees, including classifications working in the City's Police Department, are required to complete a probationary period of one (1) year, which is considered to be an extension of the examination process and an opportunity for the newly placed employee to demonstrate abilities and skills necessary for successful work performance in the particular classification and position. Employees on probation will receive a step raise the first full pay period after successfully completing their probationary period.

B. Any appointment to a position from an eligibility list is subject to a probationary period of one (1) year equivalent to a total of 2,080 actual work time hours including earned Holiday Leave before an appointee acquires a permanent status in the new position.

C. Evaluations shall be done at six (6) months and twelve (12) months. Two weeks prior to the end of the probationary period, the Department Head shall forward the probationary employee's Performance Appraisal to the Persoru"iel Officer recommending that the employee be given permanent status if their service has been satisfactory, recommending an extension of the probationary period, or recommending that the employee be terminated. The initial probationary period may be extended six (6) months at the discretion of the Department Head in documented cases where work performance cannot be fully evaluated within the initial one (1) year probationary period.

D. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position. However, if the City does not complete the final evaluation of new hire appointments within sixty (60) business days after the end of the probationary period or extended probationary period, then SGMEA Successor MOU 2024-25 9
13 18
the employee will be deemed to have passed probation. If the City does not complete the final evaluation of promotional appointments within fifteen (15) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation.

E. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Personnel Officer, and the same shall not be subject to review by an Administrative Law Judge or the City Council. The Personnel Officer may restore any employee so terminated to the eligible list from which they were removed if there appears to be adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with permanent status accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.

F. After completing probation, each employee shall receive an annual performance review which shall be due on the anniversary of the date that they passed probation in their current position.

SECTION 13 MAINTENANCE OF BENEFITS
All existing wages, hours, and other terms and conditions of employment presently enjoyed by Association members shall remain in full force and effect for the duration of the term of this MOU, except as specifically modified by the provisions herein or by mutual written agreement of the parties.

SECTION 14 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.

SECTION 15 SUBST ANCE ABUSE POLICY
The City and the Association agree that it is appropriate to provide a drug free workplace through the establishment of policies and procedures which clearly prohibit the use of alcohol and other drugs and their influence on the job. The Association will cooperate with the City in implementing its Drug and Alcohol Abuse Policy. The City agrees to meet and confer with the Association prior to making any significant modifications to its Drug and Alcohol Abuse Policy.

SGMEA Successor MOU 2024-25 10
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SECTION 16 SMOKE FREE POLICY
All City buildings and City vehicles shall be considered smoke-free areas.

SECTION 17 SUCCESSOR MOU NEGOTIATIONS
The parties agree to meet in March of the last year of the contract to begin negotiations for a successor agreement to the MOU.

SECTION 18 WORK SCHEDULES
All existing work schedules, including alternative work schedules, shall continue for the duration of the MOU. The City agrees to meet and confer with the Association on any proposed changes to the alternate work schedules.

SECTION 19 DRINKING WATER
The City will ensure that employees have access to drinking water.

SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENT ATIONS AND

INFORMATION
The City agrees to provide no less than ten (10) calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means. In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and the Association. Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.

The City agrees to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once every 120 days at the Association's written request.

Notwithstanding the foregoing, the City shall not provide the Association with the home address or any phone number on file with the City of any SGMEA Successor MOU 2024-25 11
15 20
employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any City police department employee and any City code enforcement officer. The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non- disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).

The Association shall furnish any information needed by the City to fulfill the provisions of this Article. The City shall furnish any information needed by the Association to fulfill the provisions of this Article. The Association shall keep an adequate itemized record of its financial transactions and shall make a detailed written financial report available to the City and to all bargaining unit employees annually.

SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL

DOCUMENTS
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acla"iowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights."

ARTICLE II

SALARY & ALLOWANCES

SECTION I PAY INCREASES IMPLEMENT ATION
All payroll changes for step increases, pay increases, and other compensation changes will be made effective prospectively or retroactively, as is appropriate, on the effective date of said change.

SGMEA Successor MOU 2024-25 12
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SECTION 2 WAGES
Wages shall be as reflected follows and on the City's Consolidated Salary Schedule.

A. For Fiscal Year 2024-25 and effective the first full pay period after City Council's adoption of a successor MOU, the pay range and base salary for the represented Unit classifications and employees still on payroll shall be increased by three percent (3.0%)
B. Fiscal Year 2024-25 and effective the first full pay period after City Council's adoption of a successor MOU, any employee still on payroll on the date City Council adopts the successor MOU, shall receive a one-time Bonus of $2,000.00 in his/her regular paycheck as an itemized line on his/her pay stub.

SECTION 3 LONGEVITY PAY
The City recognizes that as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity, and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City provides longevity pay, which is added to each step for eligible employees. Longevity pay is determined once per year (on July 1) and is computed prior to the percentage increase to each step contained in Section 2 Wates. For pay calculations purposes, such as, but not limited to, overtime, pension, sick leave, and vacation, longevity pay is added to an employee's base pay. Employees are eligible for Longevity Pay based on the following:

SECTION 4
Full Years of City Services
5 to 9 years
10 years to 14 years
15 years to 19 years
20 years or more

MERIT BASED STEP INCREASE
% of Base Pay

1. 5%

2. 0%

2. 5%

3. 0%
All employees will receive an aru'iual performance evaluation in accordance with Article I, Section 12. Advancement to a higher Step in each Grade will be contingent upon overall satisfactory or exemplary performance evaluations.

Should a supervisor fail to complete an evaluation through no fault of the SGMEA Successor MOU 2024-25 13
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employee, the employee will automatically receive any regularly scheduled In(JeaSe.

Merit increases must be recommended by the employee's supervisor and approved by the Department Head. Supervisors are required to take affirmative action to withhold a salary step increase, with this action to be approved by the Department Head. Any action taken to withhold a regularly scheduled salary step increase shall be reviewed by the Personnel Officer if the employee requests. Further, if a supervisor rates an employee unsatisfactory and fails to withhold a step increase, the supervisor shall be required to justify the lack of action. Withholding a salary increase is an administrative action, and not disciplinary, and therefore is not the subject to appeal under the grievance procedure, including the Civil Service Commission or Office of Administrative Hearings. When an employee is given an unsatisfactory performance evaluation, and a salary step withheld, the employee and supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets goals of the performance improvement plan the employee will then earn a step increase.

SECTION 5 ACTING PAY
A. RIGHT TO ADDITIONAL COMPENSATION.

Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.

B. CONDITIONS PRECEDENT ADDITIONAL COMPENSATION

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b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.

3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.

SECTION 6 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is $2,500 per fiscal year ($3,000 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan.

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To be eligible for reimbursement the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee leaves voluntarily or separates from the City within two years of completing a course for which reimbursement is received, he/ she shall be required to repay the City for said funds, on a pro-rata basis (i.e., 1/24th for each month short of two years). The City may withhold the amount of such reimbursement from the employee's final check.

The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a ten (10) hour day is completed, subject to all applicable laws, and prior approval of the Department Head.

SECTION 7 MILEAGE ALLOWANCE
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.

SECTION 8 BI[INGUAL PAY
Employees who are assigned to a job classification that has been designated by the City as a bilingual preferred position with public contact (i.e., verbal and/or written translation of English to Spanish or Spanish to English is desirable) shall receive additional compensation based on the employee's ability to pass the following bilingual exams:

TIER I

TIER II
Proficient verbal bilingual skill, $75.00 per month.

Proficient verbal, reading, and writing bilingual skills $100.00 per month.

TIER III - Excellent verbal, reading, and writing bilingual skills and the ability to act as a translator in meetings $175.00 per month.

SECTION 9 CERTIFICATE PAY
A. The City shall pay for any health examination required for a job-required license or certificate renewal.

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B. Pesticide Application
The City agrees to extend pesticide application certificate pay to those Public Works employees who apply pesticides as part of their job requirements. The City will determine which employees will qualify for pesticide application certificate pay.

The proper application and disposal of pesticides within the City of South Gate is critical to the health and safety of employees and the community.

Therefore, employees who hold a license and certification that allows for the independent application of pesticides and the training/oversight of other employees in the application of pesticides shall receive an allowance equal to three (3) percent of pay for their grade and step. This allowance is based on the grade and step of the employee and is not computed on top of other allowances, including, but not limited to Longevity Pay.

C. NCCCO Certification
Employees required by their job descriptions to obtain a National Commission for the Certification of Crane Operators (NCCCO) certification for the purposes of operating a crane shall receive additional compensation in the form of $350 per month. Employees who obtain a NCCCO certification for the purposes of operating a crane and whose job description does not require such certification shall receive additional compensation of $50.00 per day for the time actually spent operating the crane on City business. The Department Director must approve the employee obtaining the certificate when the certificate is not required by their job description. The Association grievance regarding NCCCO certification pay which has not yet been resolved shall not be subject to or otherwise impaired by this new provision and shall be determined by the NCCCO certification language in existence at the time the grievance was filed. Any Association represented employee who was already receiving NCCCO certification pay as of the effective date of this MOU shall continue to receive such pay until their current certification expires and shall thereafter be governed by this updated provision.

SECTION 10 UNIFORM PAY
Represented employees shall not receive prior Uniform Allowance for FY 2022-23. The City will instead set up a voucher/approved vendor option, with a reimbursement provision only if voucher/approved vendor is not available.

Employee supervisor must approve any reimbursement request in advance SGMEA Successor MOU 2024-25 17
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and any reasonable expense request. Until voucher system is set up, City agrees not to discipline employees for poor quality of their uniforms. City and Association to meet and confer within ninety (90) days regarding which classifications/positions are required to wear uniforms, what those uniforms will be, and the reasonable voucher/reimbursement costs for specific items of uniform.

SECTION II ST ANDBY AND CALL-BACK PAY
A. The City shall provide stand-by pay to all eligible employees, including Police Department employees, as follows: $25.00 weekdays; $35.00 for weekend and/or holiday duty.

B. Stand-By pay for those positions in MEA within the Water Division who take computers home shall be increased to $30.00/weekday and $50.00/ weekend duty. No call-out pay or overtime pay for using computers at remote locations shall be paid unless the employee is called out or requested to work overtime. Other computer users may be added later if approved by the City Manager.

C. In order to be entitled to the standby pay, the designated employee must be continuously available for each twenty-four (24) hour day of standby duty.

D. The purpose of the standby and call back system is to provide an orderly and reasonable method to meet the unusual and emergency needs of the City of South Gate during employees' non-working hours.

E. A monthly schedule for standby personnel will be issued and posted. Each employee is expected to comply with the schedule. Any schedule change will be done by the appropriate supervisor. All substitutions or changes must be approved in advance by the appropriate supervisor.

F. An employee's standby duty shift or tour will be typically for a one- week period, or multiples of one week periods, and will begin at the end of the work day on the first day of the employee's standby tour and shall end at the close of the last work day of the assigned tour.

G. When on standby the employee upon being paged, is required to contact the South Gate Police Department Dispatcher within 15 minutes of the initial page. The employee on standby then has 45 minutes from the time SGMEA Successor MOU 2024-25 18
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of the page to respond to the call if the employee is located within 30 miles of the City Corporate Yard (or 60 minutes if outside of 30-mile distance.) H. All emergency and standby calls received by the Police Dispatcher are logged as to the time and nature of the call and who was contacted to respond.

I. It is the individual standby employee's responsibility to be certain that the pager is fully operational by check of the self-test feature. The pager is to be in the possession of the standby employee with the volume set at the appropriate level to be heard from the time the standby shift begins until returning to work the following workday. The pager is to be off during regular work hours.

J. An employee who is assigned to standby and is actually called back to work will be paid one (1) two-hour minimum per call, pay for each call back except if call backs are not within the same initial two (2) hour period.

For calls within the same initial two (2) hour period actual time will be calculated and used for time over and above the two-hour period. Call back time begins when the employee leaves his/her home to report directly to work or, if not at home, at such time that he/she responds to the pager or call.

Example 1: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second Call at 9 A.M. and finiSheS at 9:30 A.M. Employee WOuld be entitled to two hours at time and one half their regular rate of pay (except on holidays, which are paid at 2'/! times the regular rate of pay).

Example 2: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at 9 A.M. and finishes at 11:30 A.M. Employee would be entitled to three and one half hours at time and one half their regular rate of pay (except on holidays, which are paid at 2% times the regular rate of pay).

Example 3: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at I P.M. and finishes at 1:30 P.M. Employee would be entitled to two call back payments of two hours each at time and one half their regular rate of pay (except on holidays, which are paid at 2% times the regular rate of pay).

K. All bargaining unit members living within the City limits will be allowed to drive the city service vehicle to and from work while on standby status.

The vehicle is only to be used for answering standby calls and the standby SGMEA Successor MOU 2024-25 19
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bargaining unit member has the responsibility to secure the vehicle at night, including locking any tool bins located on the vehicle.

L. In the event an employee works over thirty two (32) hours within two (2) consecutive days (in accordance with Fair Labor Standards Act (FLSA) rules) or at the discretion of Director, the City will provide the employees with the option of overnight accommodations, or reimburse the employee for hotel accommodations within a five (5) mile radius up to one hundred and twenty-five dollars ($125.00) per night for hotel accommodations for those days worked.

SECTION 12 HEAVY EQUIPMENT OPERATOR PAY
A. Equipment Covered
The parties agree that the following list is defined as "Heavy Equipment" for the purposes of the additional compensation at the rates specified below for bargaining unit employees for the time spent operating the equipment. The list is including but is not limited to the following:
* GAPVAX Jetter Vacuum Truck, Unit 209 (both operators to be compensated)
* Backhoe/Skiploader; Units 351, 288, 299
* Boom Truck, Unit 203
* Dump Trucks - Units 284 & 329
* Sewer Jetter Unit 208 (both operators to be compensated) * Street Sweeper; Units 220, 213, 218
@ Large Cranes; Units 359, 638
B. Compensation Rate

1. If the employee is in a classification lower than Grade 535, Equipment Operator they will receive the hourly pay for the step in Grade 535, Equipment Operator that corresponds to the step they are currently in.

For instance, if an employee is in Step C, he/she will receive the hourly rate for Step C in Grade 535, Equipment Operator, for the time actually spent operating heavy equipment.

2. If the employee is in a classification that is in Grade 535, Equipment Operator or higher, they will receive a pay differential of five percent (5%) above the employee's pay grade. This category of employees will SGMEA Successor MOU 2024-25 20
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receive this five percent (5%) differential for the time actually spent operating the following Heavy Equipment only:
* GAPVAX - Jetter Vacuum Truck, Unit 209
* Backhoe/Skiploader; Units 351, 288, 299
* Street Sweeper; Units 220, 213, 218
* Large Cranes; Units 359, 638
SECTION 13 COMMERCIAL DRIVER'S LICENSE
Any City employee who does not possess a Class B driver's license and who is required by his job description to obtain a Class B license shall be sent while on duty to a certified school, which shall be paid for by the City. The City shall, however, receive a credit for the cost of sending employees to driver's training against the individual educational reimbursement cap of each affected employee. An employee will be provided only one opportunity to attend driving school at City expense pursuant to this provision. Failure to timely obtain the required Class B Driver's license shall be deemed just cause for termination of employment. Within first six (6) months after adoption of a tentative agreement for a successor MOU, the City and Association representatives shall meet and confer to review which represented classifications should require a Class B Driver's license. During this review period, City shall not terminate any represented employee for not having a Class B Driver's license. Prior medical accommodations regarding having or not having Class B Driver's license will continue to be honored as long as accommodations remain authorized as required by law.

ARTICLE III

FRINGE BENEFITS

SECTION I MEDICAL, DENT AL & VISION INSURANCE
A. MEDICAL INSURANCE
The City will pay insurance premiums which are equivalent to the rate for Kaiser-Region 3. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the one-party Kaiser rate per month in deferred compensation to those employees who opt out of the City's medical insurance. Employees who have not opted out prior to July 1, 2022 or who SGMEA Successor MOU 2024-25 21
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were hired after July 1, 2022 and who opt out of the City's medical insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount.

Employees must show proof of alternate medical coverage on a yearly basis in order to receive payment provided herein.

The current Kaiser-Region 3 rate may be requested from the Personnel Office.

B. DENT AL INSURANCE
The City will:
a. Pay the maximum amount equivalent to the HMO Liberty Dental plan family coverage rate. Employees who select more expensive plans (PPOs), will be responsible for any difference in premiums. b. Provide an amount equal to the HMO Liberty Dental plan family coverage rate per month in deferred compensation to those employees who opt out of the City's dental insurance. Employees who have not opted out prior to July 1, 2022, or who were hired after July 1, 2022, and who opt out of the City's dental insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022, will continue to receive 100% of the premium amount. Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive the payment provided herein.

C. VISION PLAN
The City agrees to contribute up to the monthly dollar amount equal to the Superior Vision plus family coverage rate toward vision plan coverage.

SECTION 2 LIFE INSURANCE
The City shall provide $50,000 of Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association.

However, consistent with current industry standards, coverage will reduce to 65% at age 65, 40% at age 70, 25% at age 75 and 15% at age 80.

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SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by Principal, which establishes the terms and conditions regarding coverage. Employees who elect voluntary life coverage will be responsible for the cost of the premium. If, due to a change in insurance carrier or other reasons, any significant features of the Plan need to be changed, the City will meet and confer with the Association before the changes are implemented.

SECTION 4 RETIREMENT
A. The City offers a defined retirement benefit plan through the California Public Employees' Retirement System (CalPERS) and there are two (2) tiers depending on date of hire which define the various retirement levels for retirement formula, final compensation calculation and employee contribution/cost sharing as follows:

1. Tier 1: Employees hired prior to January 1, 2013 or employees hired by the City on and after January 1, 2013 who are laterals from another CalPERS agency or an agency whose retirement system has reciprocity with CalPERS, within six (6) months.

The retirement formula is 2.7% at 55 years of age. Final compensation is calculated as the average of the single highest year based on the highest twelve (12) consecutive months.

Tier I Employees shall pay the full employee CalPERS contribution of eight percent (8%) of compensation.

2. Tier 2: Employees hired on or after January 1, 2013 and who are defined by the Public Employees' Pension Reform Act (PEPRA) as "new members":

The retirement formula is two percent (2%) at 62 years of age. Final compensation is calculated using the highest average ar'u"iual compensation over a thirty-six (36) consecutive month period.

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normal cost), which amount is currently six point seven five percent (6.75%) of compensation.

The City will take such actions necessary to adopt and implement Internal Revenue Code Section 414(h%2) to enable each employee to make their Employee Contributions, as specified in Article III, Section

4.A.I and 2. above, on a tax deferred basis. Should Federal or State law(s) or regulation(s) require the withholding of personal income taxes, the City will withhold such incomes taxes.

B. COST SHARING
Starting concurrently on the first day of the first full pay period of 2025, in exchange for an additional I.O% base pay increase, all "Classic" and "PEPRA" members shall contribute an additional 1% (for a total of 2%) towards the employer CalPERS contribution as cost sharing per Government Code section 20516, which shall be implemented by payroll deduction.

C. ADDITIONAL RETIREMENT BENEFITS
The following are benefits provided to the employees for retirement:

1. POST-RETIREMENT SURVIVOR BENEFIT - Provides that upon death of a member, after retirement, an allowance shall be continued to the surviving spouse.

2. POST-RETIREMENT SURVIVOR ALLOWANCE to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re-marries.

3. CONTINUATION OF DEATH BENEFITS - After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirementwill be continued in full should the spouse remarry.

4. CALPERS-MISCELLANEOUS - The CalPERS miscellaneoris contract shall include the following benefits to be paid by the City to CalPERS:
a. 1959 Survivor Benefit at Level 4 - Highest level of benefits than Basic or other levels of the benefit.

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b. Military Service Credit
SerVlCe.

Credit of maximum of four (4) years of
c. Unused Sick Leave Credit - Receive additional service credit at the rate of O.004 years of each day of sick leave.

D. RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of the Tentative Agreement for this successor MOU and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars ($150) per month.

For those employees who after the adoption of the Tentative Agreement for this successor MOU retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month.

This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.

The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.

SECTION 5 DEFERRED COMPENSATION
The City currently offers a deferred compensation plan to the employees and said plan offers a savings plan only. The City also offers to employees at their expense, a plan that provides multiple investment options. Open enrollment is on an on-going basis.

The City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of one hundred dollars ($100) per month. Eligibility is subject to the employee's execution and SGMEA Successor MOU 2024-25 25
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submission to the Human Resources and/or Payroll department of the proper paperwork.

SECTION 6 RISK MANAGEMENT & MEDICAL PROTECTION FOR COMMERCIAL

LICENSE OPERATORS
The City is concerned with safety, loss reduction, and increased productivity.

To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, safety/loss recovery suggestion award program.

SECTION 7 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be determined in the following manner:

Employees will receive at no cost a family membership, which includes membership for a spouse and dependent children, and access to the golf course and swimming pool. This membership includes free access to all Park facilities that are open to the publig but excludes City sponsored classes that require a fee. Employees and eligible family members must obtain the required identification cards.

Employees that retire from the City shall receive a lifetime membership to the Sports Center at South Gate Park which will provide access to the facility, as well as the golf course and swimming pool, for the retiree plus one guest upon issuance of the required identification card.

SECTION 8 LONG TERM DISABILITY
The City currently provides a Long-Term Disability Plan to employees by the City.

SECTION 9 FLEXIBLE SPENDING ACCOUNT DEPENDENT CARE TAX SAVINGS The City will pay the minimum per employee administrative fee required for a pre-tax flexible spending account for a medical and dependent childcare savings plan with employees making a contribution.

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ARTICLE IV

SECTION I HOLIDAY LEAVE
A. ENTITLEMENT

LEAVE POLICIES
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per SectionB (below).

Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours of holiday leave for each designated holiday remaining in the Fiscal Year.

Entitled employees may be absent from work but nevertheless receive compensation at the employee's then current rate of pay on either (a) the holidays designated below; or (b) days otherwise scheduled in advance and agreed upon between the employee's supervisor and the employee.

Entitled employees shall earn Holiday Leave in increments of ten (10) hours if the employee is working or on paid leave both as the holiday occurs during the calendar year, and at the commencement of the day following the designated holiday. Holiday leave time used shall be deducted from the hours credited in increments according to the employee work schedule.

City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal year. Any unused Holiday hours will automatically be cashed out at the end of the fiscal year at the employee's base pay rate.

B, HOLIDAY OBSERV ANCE/HOURS
Each fiscal year the City shall observe the following named Holidays:

New Year's Day
Martin Luther King's Birthday
President's Day
Cesar CMvez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
January 1st
Third Monday of January
Third Monday of February
Last Monday in March
Last Monday of May
July 4th
First Monday of September
Fourth Thursday of November
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Christmas Eve
Christmas Day
December 24th
December 25th
Each fiscal year, all employees shall receive 130 hours of paid Holiday Leave subject to "Section IA, Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to effectuate a full week of closure between Christmas and New Year's Day. In the event that less than thirty (30) hours is necessary to effectuate the full week of closure, the balance of the 30 hours will be observed as floating day(s).

Any employee that works without regard to holidays (i.e., police communications, records, jailers, only) - holidays are observed on the actual day of the holiday, including the Closure days between Christmas and New Year's Day. Any employee that works with regard to holidays - holidays that fall on Friday or Saturday become floaters. Floaters shall be taken the next workday after the actual day of the holiday or within the same pay period as the actual day of the holiday.

Holidays that fall on Sunday are observed on Monday. If two-day holidays fall on Sunday/Monday, then holidays are observed Monday/ Tuesday, at time and one half their regular rate of pay for all hours worked plus a floating ten hour paid day off or two and one half times their regular rate of pay for all hours worked.

SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:

One (1) to four (4) years of service: 80 hours annually Five (5) to nine (9) years of service: 120 hours ar'u'iually Ten (10) or more to years of service: 160 hours aru"iually Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours. If an employee's vacation accrual is at the maximum level, and the employee has requested vacation within the current notification requirements and been denied use of vacation time, Personnel shall direct that the specific loss of hours due to the denial of time-off request to be rolled over. The rollover will be calculated and accrued in a separate leave SGMEA Successor MOU 2024-25 28
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bank to be used within one (1) year. The employee shall demonstrate the denial of the time-off request.

Exceptions to vacation accrual limits will be considered on a case-by-case basis in those circumstances where it is not in the City's best interest to allow an employee to take vacation leave due to limitations such as lack of adequate staffing or time constrained projects.

B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Persoru"iel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.

SECTION 3 SICK LEAVE
A. ENTITLEMENT
Employees shall earn one hundred-twenty (120) hours of sick leave per year prorated by pay period. Annually, the City shall permit employees to utilize fifty (50) hours of their accrued sick leave as paid time off for reasons of personal business (not related to illness). These days shall not be regarded as "sick leave used" for any personnel purposes, including employee discipline, evaluations, promotions, assignments, etc.

1. ILLNESS OR INJURY [EAVE, NOTIFICATION AND
VERIFICATION PROCEDURE:

In the event of an absence due to illness or injury, employees must notify their department supervisor (or the supervisor's designee), prior to or at the begiru'iing of their shift starting time. Employees who are incapacitated and cannot notify their department supervisor, must notify their supervisor at the earliest possible time and may have a spouse or other person contact their supervisor within the time limit specified above.

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2. An employee that becomes ill or injured, while working on the job, must request their supervisor's approval to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their supervisor.

3. The notification to the department supervisor must include a reason for the absence that is in accordance with current law and an estimated return date. This information will be Jogged by the department for future reference.

4. Failure to notify the department supervisor, as stated in Notification Section 1, will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.

5. All absences not due to illness or injury must be requested as noted in the appropriate leave sections.

6. Verification - In the event that employees have, in their supervisor's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the supervisor may attempt to verify the absence or proper use of sick leave by any of the following:
a. Telephoning the employee at home (or appropriate location). b. Visiting employee at home.
c. A sub-rosa investigation.
d. A medical evaluation at the City's expense, or e. A medical evaluation at the employee's expense. (A licensed physician must complete the medical evaluation which must include the reason for the absence and permission to return to work).

7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a supervisor may schedule a counseling session to determine the reasons or justification for the excessive use. The counseling session shall be conducted by the Persoru'iel Officer and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the department representatives. This session shall be documented by a written summary of the abuse problems and discussion. The summary shall be issued by the Personnel Officer and a copy distributed to attendees of the session and to the affected employee's Personnel file.

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8. The purpose of the counseling session is to improve the employee's attendance and/or warn the employee about the consequences of continued abuse. If there is a specific abuse that warrants discipline, or if the above counseling session does not correct abuses, then action will be taken to correct the abuse problem through the discipline process (Section 11, Civil Service Rules and Regulations).

B. SICK LEAVE ADV ANCES
The City will not provide advances in sick leave when an employee has depleted their sick leave balances.

C. SICK [EAVE PAYOFF
1, Employees hired before January 1, 1993, have unlimited sick leave accrual and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.

2. Employees hired on or after January 1, 1993, have a cap on sick leave cash-out of six hundred hours (600) hours and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.

3. Employees hired on or after July 1, 2022 shall not be entitled to sick leave cash-out upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract.

4. Accumulated unused sick leave shall be paid off based on the following formula:
a. 15-19 years of service -
50% reimbursement of eligible unused sick leave.
b. 20 years or more of service -
75% reimbursement of eligible unused sick leave.
5, The employee will receive payment in a lump sum in the next payroll period after separation at employee's base rate of pay.

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SECTION 4 PAY FOR JURY DUTY
A. JURY DUTY SERVICE
All employees who are called for Jury Duty shall be entitled to a maximum of ten (10) days at full salary. Employees are obligated to inform the Judge/ Court that City policy is to only pay ten (10) days of service. Should an employee, through no fault of their own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days.

Exceptions may be made to this policy by the City Manager in very unusual circumstances.

B. ATTENDANCE

1. A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office. Employees on shifts other than the normal shift shall have off the equivalent time to actual jury service plus reasonable travel time to and from their places of residence; likewise, employees on the regular work shift, who serve on night court juries will have off the actual time of service plus reasonable travel time to and from their places of residence.

2. Employees who serve on jury duty for partial days are expected to report to work if they are released from jury duty within a reasonable amount of time to report back to work (e.g. an employee on day shift serving on South Gate Court duty would be expected to return to work if excused prior to or at 4:00 P.M. However, an employee serving on jury duty for example, in downtown Los Angeles excused at 4:00 P.M. would not be expected to return to work that day). If the option for call- in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.

SECTION 5 UNP AID LEAVE
A. [EAVE WITHOUT PAY
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the Department Head SGMEA Successor MOU 2024-25 32
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and the Persor'u'iel Officer. Leaves of absence in excess of ninety (90) calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Personnel Officer may approve the short-term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Personnel Transaction Form. The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.

B, CAT ASTROPHIC ILLNESS/INJURY
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life Insurance.) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Personnel Officer, and is applicable when the employee's leave benefits are exhausted, under the following formula:

SECTION 6
Years of Full-Time City
After (2) years
After (4) years
After (7) years
After (10) years

MATERNITY LEAVE
Months of Continued Coverage
3 months
6 months
9 months
12 months
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate.

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SECTION 7 FAMILY MEDICAL LEAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations which are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.

A. Amount of Leave Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

B. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12- month period to determine how much leave have been used in determining how much leave a member is entitled to.

C. Use of Accrued Leaves While on Leave - If a member requests leave for any reasons permitted under the law, that person must exhaust all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.

SECTION 8 BEREAVEMENT
The term "immediate family" is defined as the spouse, domestic partner, children, father, father-in-law, mother, mother-in-law, brother, brother-in- law, sister, sister-in-law, stepchildren, stepparents, foster children, foster parents, grandparents, or grandchildren of the employee, or other person, as approved by the City Manager or their designee.

A. WITHIN THE ST ATE
Upon the death of the immediate family, within the state, the employee shall have thirty (30) hours leave, not chargeable to any other leave, when SGMEA Successor MOU 2024-25 34
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employee travels within the state. Employees who travel within the state may take an additional forty (40) hours of leave chargeable to sick leave.

B. OUT OF ST ATE
Upon the death of immediate family out of state, the employee shall have forty (40) hours leave, not chargeable to any other leave, when employee travels out of state. Employees whose bereavement requires travel out of state may take an additional thirty (30) hours leave chargeable to sick leave.

SECTION 9 JOB RELATED INJURY OR ILLNESS
In the event of an absence due to a job-related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any.

SECTION 10 MILIT ARY LEAVE
Military leave is restricted to normally require active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law.

Compensation, reemployment, seniority and other rights and privileges shall be governed by applicable laws. In order to verify the rights to such leave, the employee shall cause a copy of his/her orders to and from military duty and relief therefrom to be filed with City's Personnel Officer. Military leave is recorded on the employee's time sheet and approved by the Department Head Employees are entitled to receive a maximum of eighty (80) hours of paid leave per fiscal year for annual military training. Employees are entitled to receive up to an additional thirty (30) days (300 hours) of paid military leave if they are called to active duty (other than annual training) in the National Guard or one of the branches of the U.S. Military.

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SECTION II COMPENSATORY TIME LEAVE
Employees may accrue up to 180 hours of Compensatory Time Leave at any one time. Accrued, unused Compensatory Time Leave shall be cashed-out at an employee's regular rate of pay in the last pay period in June each year.

ARTICLE V

DISCIPLINE & GRIEV ANCE PROCEDURES

Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge.

City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certain alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action. The term "disciplinary action," shall be limited in meaning to any of the following:

1. DEMOTION, DISCHARGE, OR REDUCTION IN SALARY
Such disciplinary action may take the form of discharge, reduction in salary, or a demotion where there is a vacancy in the same classification series at a lower level within the department.

2. SUSPENSION
An appointing authority may suspend an employee for one or more of the causes for discipline specified in these rules for a period of up to thirty (30) days.

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3, REPRIMAND/WARNINGS
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an employee does not warrant discipline, as noted in Article V, Section IB. (Notice of Disciplinary Action); however, it does warrant written notification for corrective purposes. A Supervisor (or appropriate management personnel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in the applicable personnel rules. The issuing authority shall include in the document a "sunset" clause (removal date from personnel file) of eighteen (18) months. Removal of the document shall be subject to the Department Head's sole discretion based upon if the employee's subsequent work record justifies removal, the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Persoru'iel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.

THE WRITTEN REPRIMAND OR WARNING SHAL'L ONLY BE
REVIEWED AS FOL'LOWS:
a. After receipt of written reprimand or written warning, the employee may request a review of said document to issuing authority within ten (10) working days. Said review may include an oral response and/or written response. The issuing authority's decision may be to rescind the document, to modify the document with no change in content. The employee shall be notified, orally or in writing, of the decision of the issuing authority. b. The employee may request said decision be reviewed by the Department Head, if applicable, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action). c. The employee may request that the above decision be reviewed by the Personnel Officer, within ten (10) days after said notification.

The same review process shall be conducted as stated in Article V, SGMEA Successor MOU 2024-25 37
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Section IB (Notice of Disciplinary Action). The decision of the Personnel Officer shall be final with no further review of the reprimand or warning.

B. NOTICE OF DISCIPLINARY ACTION
At any time any disciplinary action is proposed to be taken against any classified employee, they shall be served with written notice at least ten (10) working days prior to the effective date of the proposed disciplinary action, either personally or by certified mail. Said notice shall state the proposed action, the effective date if implemented, the reasons therefore, a copy of the charges and materials upon which the proposed action is b ased, and a copy of Article V of this Agreement. In termination cases, the concerned employee may be suspended from duty, at full pay, from the time notice is served until the effective date of termination.

1. SKELLY PROCEEDING
Prior to implementing the disciplinary action, a Skelly proceeding will take place to allow the employee an opportunity to respond to the proposed discipline and charges, either orally or in writing, or both.

The results of the proceeding may initially be given to the employee orally; however, a written decision will be issued within ten (10) working days of the proceeding.

C. APPEAL OF THE DISCIPLINARY ACTION

1. APPEAL TO PERSONNEL OFFICER
A classified employee may file with the Personnel Officer, in writing, an appeal to the disciplinary action and charges. Said appeal shall be filed with the Personnel Officer not more than ten (10) working days after receiving the discipline, or the written results of the Skelly Proceeding referenced in ArticleV, Section IB(1) (Notice of Disciplinary Action/Skelly Proceeding), whichever is later.

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a. HEARING AN APPEAL
Within six (6) weeks of receipt of an appeal (referred to above), the ALJ shall hold a hearing and shall direct the Personnel Officer to notify those whose presence is required. The appellant shall be entitled to appear personally and to have counsel and they shall be notified in writing of the time and place of meeting. The ALJ may proceed informally, and the rules of evidence shall not apply. b. PUBLIC HEARINGS
The fact-finding aspect of the ALJ hearings shall be open to the public. The deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. c. FAILURE OF AN APPELLANT TO APPEAR
Failure of an appellant or their counsel to appear at the hearing shall be deemed to be a withdrawal of their appeal and the action of the appointing authority shall be final.
d. CONDUCT OF HEARINGS
The ALJ shall convene the hearing, declare adjournments, recesses and continuances, shall maintain good order and shall call upon the parties to present witnesses, argument and other matters in the normal course of proceedings. The ALJ shall rule upon all objections, procedural motions and other matters which may come before the ALJ. At the conclusion of the hearing, after all evidence and arguments have been presented, the matter shall be deemed submitted to the ALJ for decision. The ALJ shall determine whether to affirm, reverse or modify the disciplinary action taken. e. CITY COUNCIL REVIEW
The findings of fact and conclusions of law submitted by the ALJ shall be delivered to the employee (or their representative or legal counsel), the Department Head of the employee's department (or legal counsel), the City Council, the City Manager, the City Attorney and the Personnel Officer. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.

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f. COSTS
The City and the Association shall share the costs of using the ALJ and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALJ of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALJ fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other representation costs. If the parties muhially agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALJ under the same rules stated herein. g, GENERAL DEFINITIONS

1. WORKING DAYS
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.

2. TIME LIMITS
The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer or Administrative Law Judge. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative.

3. PROCEDURAL EXTENSIONS
The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.

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4. EMPLOYEE REPRESENT ATIVE
The employee "representative" referred to herein above may be an employee of the City.

SECTION 2 GRIEV ANCE PROCEDURE
A. SCOPE
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:

1. Any dispute arising out of or in connection with meeting and conferring pursuant to Resolution No. 3674.

2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.

3. Any appeal concerning disciplinary action affecting any employee (See, Article V, Section 1- Discipline and Grievance Procedure).

B. PROCEDURE
STEP I A grievance may be initiated in this Step 1 by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based. The supervisor will give an oral answer to the employee or employees involved within no more than fifteen (15) working days after the grievance was orally presented.

STEP 2 If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than ten (10) working days after the answer in Step I has been received or the time for such answer has expired. Within no more than ten (10) working days after receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be SGMEA Successor MOU 2024-25 41
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present if requested. Grievances submitted in Step 2 shall be answered in writing within ten (10) working days of said meeting.

STEP 3 If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Personnel Officer. a. Within no more than ten (10) working days after receipt of the written grievance, a meeting shall be scheduled between the Persoru"iel Officer and the employee or employees involved. A representative of the employee or employees may be present if requested.
b. Grievances involving a dispute between the City and a Recognized Employee Organization may be initiated in this Step by either parFy in said written form within ten (10) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within ten (10) working days of receipt of said written grievance between no more than two (2) designated representatives of the City and two (2) of the Recognized Employee Organization. In addition, the employee or employees involved, if any, the Department Head, and the immediate supervisor shall be entitled to be present at the meeting.
c. Grievances submitted in Step 3 shall be answered by the Personnel Officer in writing within ten (10) working days of said meeting(s).

STEP 4 If the dispute remains unresolved after Step 3, the aggrieved party can request review by an Administrative Law Judge. Such a request must be submitted in writing to the Personnel Officer within ten (10) working days after the answer in Step 3 has been received or the time for such answer has expired. The request for review shall be made on a form supplied by the City.

The City and the Association shall retain the services of an Administrative Law Judge through the Office of Administrative Hearings and shall share the costs of using the Administrative Law Judge and Office of Administrative Hearings equally, with each side paying their share as and when required by the neutral, third- SGMEA Successor MOU 2024-25 42
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party or the Office of Administrative Hearings. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the mptter,
Within thirty (30) calendar days after the receipt of a request for review, the Administrative Law Judge shall hold a hearing. The Personnel Officer shall notify the aggrieved party of the date, time and place of the hearing. The aggrieved party has the right to appear personally and to have counsel appear on its behalf. The hearing shall be conducted pursuant to Article V, Section 1, Subsection d (Conduct of Hearings), above.

If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the Administrative Law Judge under the same rules stated herein.

C. REVIEW BY CITY COUNCIL
The advisory decision of the Administrative Law Judge shall be final and binding unless within thirty (30) calendar days thereafter a request for review by the City Council is filed with the Personnel Officer, or the City Council, on its own motion, requests review thereof within said period.

D. GENERAL DEFINITIONS
1, EMPLOYEE REPRESENT ATIVE
The employee "representative referred to in Steps 2 and 3 above may be an employee of the City.

2. GRIEV ANCE DEFINED
"Grievance" means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or SGMEA Successor MOU 2024-25 43
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application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any dispute or difference between the City and a recognized employee organization concerning the interpretation or application of any existing memorandum of understanding between the City and said recognized employee organization.
3, PROCEDURAL EXTENSIONS
The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.

4. TIME [IMITS
The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer of Civil Service Commission. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative.
5, WORKING DAYS
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 h.m.to 6:00 P.M., excluding Holidays.

ARTIC[E VI

IMPLEMENT ATION OF

MEMORANDUM OF UNDERST ANDING

SECTION I WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recornrnendations of the City's Representatives Designee SGMEA Successor MOU 2024-25 44
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by the City Council, its members will provide service to the City upon the terms and conditions herein stated.

B. Subject to the provisions of this Agreement, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities.

1. It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws or regulations. If any part of this Memorandum is in conflict or inconsistentwith such applicable provisions of Federal or State laws or regulations or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this Memorandum of Understanding shall remain in full force and effect.

ARTICLE VII

LAYOFFS
For the purposes of this Article "business day" is defined as the normal operating days for personnel, currently Monday through Thursday.

A. The City Council or City Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give employees covered by this MOU not less than fifteen (15) business days advance notice of lay-off and the reason therefore. However, no full- time employee shall be separated from a department while regular part- time, or hourly employees are serving in the same positions in the department. The conditions of lay-off shall be as follows:

Order of Separation
The principal criterion used in determining the order of separation and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, ability and qualifications to perform the job. Furthermore, seniority shall govern SGMEA Successor MOU 2024-25 45
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unless the following criteria show that ability, merit, and records of the employees considered for lay-off are not equal:
1) Employee's last four (4) performance evaluations rating, if in existence. 2) History of employee written disciplinary actions. 3) Attendance record tardiness, and unexcused absences. 4) In the event the less senior employee in the position in the class to be laid off has superior skills, ability, qualifications, merit and record, as determined in the above manner, then the more senior employee shall be laid-off.

The City shall have the burden of establishing the above criteria.

B. Bumping Rights
The employee laid-off shall be entitled to bump to the position in a class in which they currently or formerly held a permanent appointment and in which there is an employee with less seniority in the class, if physically and mentally able to perform the duties of the former class. After the City has notified the affected employee and also the position available to the employee, if any, to bump, they must notify the Personnel Officer of their intent to exercise the bumping rights within fourteen (14) business days of the position, and classification in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid- off for the same reason as the person who bumped him/her and shall in the same manner be eligible to bump to a position in a class within the City in which they formally had a permanent position.

C. Appointment of Laid-Off Employees to Lower Class The City Manager may approve the appointment of an employee who is to be laid-off to an existing vacancy in a lower class for which they are qualified without requiring an examination, provided the appropriate appointing authority so appoints.

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D. Applicability
These provisions shall apply to all classified positions, including regular part-time positions to the extent any regular part-time positions are covered by this MOU, but shall not apply to unclassified, probationary, hourly, and temporary positions.

A laid-off employee shall retain re-employment rights to the classification from which they were laid-off irrespective of their acceptance of reemployment at a lesser rank.

F. No Probation and Evaluation of Bumped Employee Employees who bump or are bumped shall not be required to serve a probationary period and shall be evaluated using the same criteria and process as other fully vested and tenured employees.

ARTICLE VIII

REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS
Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees.

ARTICLE IX

FULL UNDERST ANDING
This MOU is the result of a joint effort by the Association and the City to capture all past agreements between the parties that are still applicable and active. If an issue or practice is included in this MOU, the language of this MOU is controlling. If an issue or practice is not included in this MOU and there is a clear practice or a current written practice, such as the SGMEA Successor MOU 2024-25 47
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City's Salary Resolution, covering the issue, the past practice or written practice will be controlling.

ARTICLE X

REOPENERS
The parties do specifically agree to reopen the meet and confer process during the term of this MOU only with regards to the following issues. These reopeners are not contingent upon the execution of any successor MOU and no successor MOU is contingent upon agreement on these reopeners.

1. FLSA Implementation: Implementation of the change from exempt status to non- exempt status, or vice-versa, for affected SGMEA members, including but not limited to related issues of overtime calculations and right to administrative leave for the affected employees.

2. Dental/Vision/Life Insurance/Voluntary Insurances/Section 125 Program: Change of providers for these particular employee benefits and to meet and confer over the effects of any change in providers or related plans.

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Memorandum of Understanding between the City of South Gate and the South Gate Municipal Employees Association
-Signature page-
TheCityandtheAssociationacknowledgethatthisAgreementisenteredintoasofthe day of November 2024 and is subject to it being executed by authorized representatives.

CITY OF SOUTH GATE: SOUTH GATE MUNICIPAL
EMPLOYEES' ASSOCIATION:

By:

Gil Hurtado, Mayor Michael Rarnirez, President
Date: Date:

By: f) ta41
Brandon Williams, Vice President
Date: ll/ol[9vA
ATTEST:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

DRAFT
Raul F. Salinas, City Attorney
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Contract No.

MEMORANDUM OF UNDERST ANDING

BETWEEN THE

CITY OF SOUTH GATE

AND THE

SOUTH GATE

PROFESSIONAL MID-MANAGEMENT

ASSOCIATION
JULY 1, 2024 JUNE 30, 2025
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CONTENTS
ARTICLE I GENERAL PROVISIONS 4
SECTION I RECOGNITION 4
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS .........................4 SECTION 3 NON-DISCRIMINATION 4
SECTION 4 DURATION
SECTION 5 DUES DEDUCTION
5 SECTION 6 CONTRACTING OUT SERVICES 6
SECTION 7 DRESS CODE 7
SECTION 8 ASSOCIATION BUSINESS 7
SECTION 9 USE OF CITY FACILITIES 7
SECTION 10 LABOR MANAGEMENT COMMITTEE 7
SECTION II EMPLOYEE HANDBOOK 8
SECTION 12 PROBATION 8
SECTION 13 MAINTENANCE OF BENEFITS 10
SECTION 14 ELECTRONIC CHECK DEPOSIT 10
SECTION 15 SUBST ANCE ABUSE POLICY 10
SECTION 16 SMOKE FREE POLICY 10
SECTION 17 TRAINING ST ANDARDS FOR EMPLOYEES WHO SUPERVISE , 10
SECTION 18 NEGOTIATIONS 10
SECTION 19 WORK SCHEDULES 11
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE
ORIENT ATIONS AND INFORMATION 11
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF
OFFICIAL DOCUMENTS 12
ARTICLE II SALARY & ALLOWANCES 12
SECTION I PAY INCREASES IMPLEMENT ATION 12
1 55 60
CONTENTS (cont.)
SECTION 2 WAGES
SECTION 3 LONGEVITY PAY
SECTION 4 MERIT BASED STEP INCREASE
SECTION 5 ACTING PAY
SECTION 6 EDUCATIONAL REIMBURSEMENT
SECTION 7 EDUCATION INCENTIVE PAY
SECTION 8 MILEAGE ALLOWANCE
SECTION 9 BILINGUAL PAY
SECTION 10 TECHNOLOGY ALtOWANCE

SECTION II OVERTIME (NON-EXEMPT EMPLOYEES)

ARTICLE III FRINGE BENEFITS

SECTION I MEDICAL, DENT AL & VISION INSURANCE
SECTION 2 LIFE INSURANCE
SECTION 3 VOLUNT ARY LIFE INSURANCE
SECTION 4 RETIREMENT
SECTION 5 DEFERRED COMPENSATION
SECTION 6 RISK MANAGEMENT
SECTION 7 PHYSICAL FITNESS
SECTION 8 LONG TERM DISABILITY
SECTION 9 FSA DEPENDENT CARE TAX SAVINGS
ARTIC[E IV [EAVE POLICIES

SECTION I HOLIDAY LEAVE
SECTION 2 VACATION
SECTION 3 SICK LEAVE
SECTION 4 PAY FOR JURY DUTY
SECTION 5 UNP AID LEAVE
SECTION 6 MATERNITY LEAVE
SECTION 7 FAMILY MEDICAL LEAVE ACT
SECTION 8 BEREAVEMENT
12 13
13 14
15 16
16 16
18 18
19 19
32 32
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CONTENTS (cont.)
SECTION 9 JOB RELATED INJURY OR ILLNESS
SECTION 10 MILIT ARY LEAVE
SECTION 11 ADMINISTRATIVE LEAVE
SECTION 12 SPECIAL ADMINISTRATIVE LEAVE

ARTICLE V DISCIPLINE & GRIEV ANCE PROCEDURES
SECTION 1 DISCIPLINE PROCEDURE
SECTION 2 GRIEV ANCE PROCEDURE

ARTICLE VI IMPLEMENT ATION OF MEMORANDUM OF
UNDERST ANDING 45
SECTIONI WAGERIGHTS 45
ARTIC[EVII LAYOFFS 46
ARTICLE VIII REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS...,,,,,,,,48 ARTIC[E IX FULL UNDERST ANDING 48
ARTIC[EX REOPENERS 48
SECTION I COMMERCIAL LICENSE OPERATORS 48
SECTION2 UPDATINGPOLICIES 49
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ARTICLE I

GENERAL PROVISIONS

SECTION I RECOGNITION
The South Gate Professional Mid-Management Association [affiliated and represented by the Service Employees International Union, Local 7211, hereinafter called the "Association" or "SGPMMA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit described in Section 8.2.4 of the City's Employer-Employee Relations Resolution (Resolution No. 4508) as: "All Professional and Management employees in Building, Community Development, Finance, Parks and Recreation, Police and Public Works Departments, defined as management employees assigned to the '600' Series salary range, and excluding the positions listed in section 8.2.7" of Resolution No. 4508.

The employee unit also includes members in the Executive ASSistant job Series.

SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
It is the intent of the City and the Association that this successor MOU supersede all previous MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.

SECTION 3 NON-DISCRIMINATION
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the 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, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.
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SECTION 4 DURATION
This MOU shall cover the period from July 1, 2024, through June 30, 2025, and shall supersede the SGPMMA MOU of 2021 - 2024. This successor MOU shall become effective only after ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.

SECTION 5 DUES DEDUCTION
A, Automatic Payroll Deduction.

The City will continue automatic payroll deduction for the collection of Association dues throughout the term of this MOU. The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the salary or wages of members of the Association. The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association shall also provide the certification of the membership list for deduction purposes to the City on an annual basis or more often as needed. Accordingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary or wages of each employee whose name is provided in writing by the Association.

The City shall provide for payroll deductions on each payroll period (twenty-six times per calendar year). The City shall remit the total amount of deductions to the Association within thirty (30) calendar days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of thirty (30) calendar days prior to the change to accommodate changes to payroll. Membership within and/or payment of any dues or fees to the Association shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining the Association.
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The Association shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) working days, then the City shall be relieved of any further responsibility.

The Association shall indemnify, defend, and hold harmless the City for:
(i) any claims made by an individual employee relating to deductions made in reliance upon any certification from the Association, and (ii) any liability arising from any claims, demands, or other action relating to the City's compliance with this Section relating to maintenance of membership. However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association. Any claims, demands, disputes arising from the application or interpretation of this Section shall be filed directly with the Association and shall not be subject to the City's grievance procedures.

B. "COPE" Contribution.

SECTION 6 CONTRACTING OUT SERVICES
The City retains the right to contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting out wherever possible, but the parties' understand that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision making authority 6 60 65
regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months pay in addition to the normal termination benefits applicable to other employees covered by this MOU.

SECTION 7 DRESS CODE
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.

SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official union business. This time will be recorded in accordance with City policy.

Time spent on official Association business will not disrupt critical work schedules. Disputes about this policy will be resolved through good faith discussions between the City and the Association and will not be subject to the grievance procedure.

The City agrees to provide two (2) days of release time with pay per year for each of two (2) Board Members or Board's designee/s to attend conferences or other activities as set by the Association.

SECTION 10 LABOR MANAGEMENT COMMITTEE
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and issues of mutual 7 61 66
interest. The party calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources. The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.

SECTION 11 EMP[OYEE HANDBOOK
The Employee Handbook will be updated periodically and will be available in electronic form and subject to meet and confer on matters within the scope of employment.

C. Evaluations shall be done at six (6) months and twelve (12) months.

Two weeks prior to the end of the probationary period, the Department Head shall forward the probationary employee's Performance Appraisal to the Personnel Officer recommending that the employee be given permanent status if their service has been 8 6267
satisfactory, recommending an extension of the probationary period, or recommending that the employee be terminated. The initial probationary period may be extended six (6) months at the discretion of the Department Head in documented cases where work performance cannot be fully evaluated within the initial one (1) year probationary period.

D. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position. However, if the City does not complete the final evaluation of new hire appointments within sixty (60) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation. If the City does not complete the final evaluation of promotional appointments within fifteen (15) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation.

E. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Personnel Officer, and the same shall not be subject to review by an Administrative Law Judge or the City Council. The Persoru'iel Officer may restore any employee so terminated to the eligible list from which they were removed if there appears to be adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with permanent status accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.

F. After completing probation, each employee shall receive an annual performance review which shall be due on the anniversary of the date that they passed probation in their current position. 9 6368
SECTION 13 MAINTENANCE OF BENEFITS
All existing wages, hours, and other terms and conditions of employment presently enjoyed by Association members shall remain in full force and effect for the duration of the term of this MOU, except as specifically modified by the provisions herein or by mutual written agreement of the parties.

SECTION 14 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.

SECTION 16 SMOKE FREE POLICY
All City buildings and City vehicles shall be considered smoke-free areas.

SECTION 17 TRAINING ST ANDARDS FOR EMPLOYEES WHO SUPERVISE Performance standards for employees who supervise shall be amended to include approved supervisor training each year on City time. This standard shall be imposed through the normal annual performance evaluation process. The Personnel Department will regularly publish training opportunities. Employees will be eligible for paid release time and payment of necessary expenses for approved professional development related to their employment.

SECTION 18 NEGOTIATIONS
The parties agree to meet in March of the last year of this MOU to begin negotiations for a successor agreement to the MOU. 10 64 69
SECTION 19 WORK SCHEDULES
All existing work schedules, including alternate work schedules, shall continue for the duration of the MOU. The City agrees to meet and confer with the Association on any proposed changes to the alternate work schedules.

SECTION 20 ASSOCIATION ACCESS TO NEW EMP[OYEE ORIENTATIONS

AND INFORMATION
The City agrees to provide no less than 10 calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means.

In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and the Association.

Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.

Notwithstanding the foregoing, the City shall not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any police department employee and any City code enforcement officer. The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).

II
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SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL

DOCUMENTS
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights.

ARTICLE II

SALARY & ALLOWANCES

SECTION I PAY INCREASES IMPLEMENT ATION
All payroll changes for step increases, pay increases and other compensation changes will be made effective prospectively or retroactively, as is appropriate, on the effective date of said change.

SECTION 2 WAGES
Wages shall be as reflected as follows on the City's Consolidated Salary Schedule:

A. For Fiscal Year 2024-25 and effective the first full pay period after City Council's adoption of a successor MOU, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by three percent (3.0%).

B. For Fiscal Year 2024-25 and effective the first full pay period after City Council's adoption of a successor MOU, any employee still on payroll on the date City Council adopts the successor MOU, shall receive a one-time Bonus of $2,000.00 in his/her regular paycheck as an itemized line on his/her pay stub.
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SECTION 3 LONGEVITY PAY
The City recognizes that as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City provides longevity pay which is added to each step for eligible employees. Longevity pay is determined once per year (on July 1) and is computed prior to the percentage increase to each Step contained in Section 2. Wages. For pay calculations purposes, such as, but not limited to, overtime, pension, sick leave, and vacation, longevity pay is added to an employee's base pay. Employees are eligible for Longevity Pay based on the following:

SECTION 4
Full Years of City Services
5 years to 9 years
10 years to 14 years
15 years to 19 years
20 years or more

MERIT BASED STEP INCREASE
% of Base Pay

1. 5%

2. 0%

2. 5%

3. 0%
All employees will receive an annual performance evaluation in accordance with Article I, Section 12. Advancement to a higher Step in each Grade will be contingent upon overall satisfactory or exemplary performance evaluations. Should a supervisor fail to complete an evaluation through no fault of the employee, the employee will automatically receive any regularly scheduled increase.

Withholding a salary increase is an administrative action, and not disciplinary, and therefore is not the subject to appeal to the Civil Service Commission or Office of Administrative Hearings. When an 13 67 72
employee is given an unsatisfactory performance evaluation, and a salary step is withheld, the employee and supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets goals of the performance improvement plan the employee will then earn a step increase.

SECTION 5 ACTINGPAY
A. Right To Additional Compensation
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.

B. Conditions Precedent Additional Compensation

1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
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2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director. Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Persor'u"iel Officer.
3, Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.

SECTION 6 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is 3,000 per fiscal year ($3,500 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan.

To be eligible for reimbursement the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee voluntarily separates from the City for reasons other than retirement within two (2) years of completing a course for which reimbursement is received, the City may withhold a pro-rated amount of such reimbursement from the employee's last check. The pro-rate shall be 1/24th of the amount for each month short of two (2) years. 15 69 74
The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a 10-hour day is completed subject to all applicable laws, and prior approval of the Department Head.

SECTION 7 EDUCATION INCENTIVE PAY
As long as the degrees at issue are not part of the requirements of the classification, employees who have or obtain a B.A. or B.S. will be paid an additional $50.00 per month. Employees who have or obtain a post- graduate degree will be paid an additional $100.00 per month.

SECTION 8 MILEAGE ALLOWANCE
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.

SECTION 9 BILINGUAL PAY
Employees who are assigned to a job classification that has been designated by the City as a bilingual preferred position with public contact (i.e., verbal and/or written translation of English to Spanish or Spanish to English) shall receive additional compensation based on the employee's ability to pass the following bilingual exams:

Tier I Proficient verbal bilingual skill, $100.00 per month.

Tier II Proficient verbal, reading, and writing bilingual skills $125.00 per month.

Tier III Excellent verbal, reading, and writing bilingual skills and the ability to act as a translator in meetings $200.00 per month.

Simultaneous Translators: Any Tier III certified Bilingual Pay recipient may be considered to serve as a Simultaneous Translator at City council meetings, Planning Commission meetings, Parks & Recreation Commission meetings, or any other public meeting pre-approved by the City Manager, shall be paid overtime at two times the overtime-eligible 16 7075
employee's normal, hourly rate for overtime hours worked while performing simultaneous translation. In order to qualify to serve as a Simultaneous Translator, an employee must pass a simultaneous translation test administered by the Human Resources Department.

Once certified, the employee will be placed on a list of eligible employees who may be called to serve in the capacity of a Simultaneous Translator at one of the above-designated meetings. Except for "City Manager Designated Translators," as described below, there is no requirement that certified Simultaneous Translators must work overtime; however, if a certified employee declines to serve as a Simultaneous Translator on more than three occasions during a 12- month period for the meeting for which he/she is certified, the employee shall be decertified as a Simultaneous Translator for that designated meeting,
"City Manager Designator Translator": At the City Manager's discretion, he/she may designate no more than three certified Simultaneous Translators citywide to serve as the designated translator for each of the following meetings: City Council; Planning Commission; and Parks & Recreation Commission. An employee accepting the position of City Manager Designated Translator shall be paid $50 per month for his/her translation services in addition to the $200.00 per month he/she received as a Tier III Bilingual Pay recipient for a total of $250.00 per month. As a City Manager Designated Translator, the employee is required to translate for all meetings for which he/she is designated (e.g., if the employee is the City Manager Designated Translator for City Council meetings, that employee shall served as the Simultaneous Translator for those meetings unless his/her absence is excused for reasons including, but not limited to vacation and/or sickness). A City Manager Designated Translator serves at the discretion of the City Manager and may be removed from the designated position at any time, without any reason, and the City Manager's decision to remove an employee from this designated position is final and not subject to grievance. An employee who no loner wishes to serve as the Designated Translator must provide at least 30 days' notice to the City Manager before voluntarily vacating the position.

FLSA exempt employees are eligible for the increased monthly amount ($250.00/month) if selected to serve as a City Manager Designated 17 71 76
Translator; however, FLSA exempt employees are not eligible for overtime.

SECTION 10 TECHNOLOGY ALLOWANCE
If approved by the Department Director, those employees that use their personal technology device for City business will be compensated $100.00 per month as reimbursement for such use. Such reimbursement shall be taxable as compensation.

SECTION II OVERTIME (NON-EXEMPT EMPLOYEES)
A. Overtime Definition
Overtime means any time worked which exceeds 40 hours in a workweek. Paid time off shall be included in calculating the 40 hours.

B. Authorization Of Overtime
Non-exempt employees should not work on an overtime basis without prior authorization. In the event that circumstances prevent obtaining the prior authorization, non-exempt employees shall notify their Director as soon as practical.

C. 0ualifying Work
Non-exempt employees performing work on an overtime basis may provide such services using various means. Non-exempt employees may report to a City facility, but may also perform services off-site, depending on the circumstances, if approved by their Director. A non-exempt employee who provides off-duty service as pre- approved by their Director in response to a phone, e-mail or text request, shall record the actual time spent handling the call, e-mail or text and shall report that time, in increments of 15 minutes, as time worked in their workweek.

D. Compensatory Time
Overtime work is compensated at one and one-half times (l.5x) the non-exempt employee's regular rate as defined by the FLSA. Non- exempt employees may elect to receive payment for overtime work 18 72 77
in the form of compensatory time off in lieu of the overtime cash payment. Employees may accrue up to 160 hours of compensatory time during the fiscal year but the balance will be automatically cashed out in the last pay period in June each year.

E, Administrative Leave
SGPMMA bargaining unit employees who are designated non- exempt by the City under the FLSA are ineligible to receive administrative leave or special administrative leave.

ARTICLE III

FRINGE BENEFITS

SECTION I MEDICAL, DENT AL & VISION INSURANCE
A. Medical Insurance
The City will pay insurance premiums which are equivalent to the rate for Kaiser-Region 3. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the one-party Kaiser rate per month in deferred compensation to those employees who opt out of the City's medical insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's medical insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount. Employees must show proof of alternate medical coverage on a yearly basis in order to receive payment provided herein.

The current Kaiser-Region 3 rate may be requested from the Personnel Office.
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B. Dental Insurance
The City will:
a. Pay the maximum amount equivalent to the HMO Liberty Dental plan family coverage rate. Employees who select more expensive plans (PPOs), will be responsible for any difference in premiums. b. Provide an amount equal to the HMO Liberty Dental plan family coverage rate per month in deferred compensation to those employees who opt out of the City's dental insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's dental insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount.

Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive the payment provided herein.

C. Vision Plan
The City agrees to contribute up to the monthly dollar amount equal to the Superior Vision plus family coverage rate toward vision plan coverage.

SECTION 2 LIFE INSURANCE
The City shall provide $50,000.00 of Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association. However, consistent with current industry standards, coverage will reduce to 65% at age 65, 40% at age 70, 25% at age 75 and 15% at age 80.

SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by Principal which establishes the terms and conditions regarding coverage. Employees who elect voluntary life coverage will be responsible for the cost of the premium.

If, due to a change in insurance carrier or other reasons, any significant 20 74 79
features of the Plan need to be changed, the City will meet and confer with the Association before the changes are implemented.

1. Tier 1: Employees hired prior to January 1, 2013, or employees hired by the City on and after January 1, 2013, who are laterals from another PERS agency or an agency whose retirement system has reciprocity with PERS, within six (6) months.

The retirement formula is 2.7% at 55 years of age. Final compensation is calculated as the average of the single highest year based on the highest twelve (12) consecutive months.

Tier I Employees shall pay the full employee CalPERS contribution of eight percent (8%) of compensation.

2. Tier 2: Employees hired on or after January 1, 2013, and who are defined by the Public Employees' Pension Act (PEPRA) as "new members."
The retirement formula is two percent (2%) at 62 years of age.

Final compensation is calculated using the highest average annual compensation over a thirty-six (36) consecutive month period.

Pursuant to PEPRA requirements, Employees in Tier 2 shall pay the full amount of the employee's normal cost of the benefits (i.e. one half normal cost), which amount is currently six point seven five percent (6.75%) of compensation.

B. Cost Sharing
Starting concurrently on the first day of the first full pay period of 2025, in exchange for an additional I.O% base pay increase, all "Classic" and "PEPRA" members shall contribute an additional 1% 21 75 80
(for a total of 2%) towards the employer CalPERS contribution as cost sharing per Government Code section 20516, which shall be implemented by payroll deduction.

C. Internal Revenue Code Section 414(H)(2)
The City will take such actions necessary to adopt and implement Internal Revenue Code Section 414(h)(2) to enable each employee to make his/her Employee Contributions, as specified in Article III, Section 4.A.1 and 2. above, on a tax deferred basis. Should Federal or State law(s) or regulation(s) require the withholding of personal income taxes, the City will withhold such incomes taxes.

D. Additional Benefits
The following are benefits provided to the employees for retirement:

1. Post-Retirement Survivor Benefit - Provides that upon death of a member, after retirement, an allowance shall be continued to the surviving spouse.

2. Post-Retirement Survivor Allowance to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re-marries.

3. Continuation Of Death Benefits - After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirement will be continued in full should the spouse remarry.

4. CalPERS-Miscellaneous - The CalPERS miscellaneous contract shall include the following benefits to be paid by the City to CalPERS:
a. 1959 Survivor Benefit at Level 4 - Highest level of benefits than Basic or other levels of the benefit;
b. Military Service Credit
years of service; and
Credit of maximum of four (4)
c. Unused Sick Leave Credit Receive additional service credit at the rate of O.004 years of each day of sick leave. 22 76 81

E, RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of the Tentative Agreement for this successor MOU and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars ($150) per month,
For those employees who after the adoption of the Tentative Agreement for this successor MOU retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month.

The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.

SECTION 5 DEFERRED COMPENSATION
The City offers a deferred compensation plan to the employees and said plan offers a savings plan only. The City also offers to employees at their expense, a plan that provides multiple investment options. Open enrollment is on an ongoing basis.

The City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of one hundred dollars ($100) per month. Each employee wishing to participate shall complete and submit the proper paperwork to Human Resources and/or Payroll.
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SECTION 6 RISK MANAGEMENT
The City is concerned with safety, loss reduction, and increased productivity. To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, safety/loss recovery suggestion award program.

SECTION 7 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be determined in the following manner:

SECTION 8 LONG TERM DISABILITY
The City currently provides a Long-Term Disability Plan to employees by the City.

SECTION 9 FSA DEPENDENT CARE TAX SAVINGS
The City will pay the minimum per employee administrative fee required for a pre-tax medical and dependent childcare savings plan with employees making a contribution.
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ARTICLE IV

SECTION I

LEAVE POLICIES

HO'LIDAY LEAVE
A. Entitlement
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per Section B (below). Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours of holiday leave for each designated holiday remaining in the Fiscal Year.

B, Holiday Observance/Hours
Each fiscal year, the City shall observe the following named Holidays:

New Year's Day
Martin Luther King's Birthday
President's Day
Cesar Chavez Day
January 1st
Third Monday of January
Third Monday of February
Last Monday in March
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Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
Last Monday of May
July 4th
First Monday of September
Fourth Thursday of November
December 24th
December 25th
Each fiscal year, all employees shall be credited with 130 hours of paid Holiday Leave, subject to "Section IA. Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to effectuate a full week of closure between Christmas and New Year's Day. In the event that less than thirty (30) hours is necessary to effectuate the full week of closure, the balance of the 30 hours will be observed as floating day(s). Floaters shall be taken the next workday after the actual day of the holiday or within the same pay period as the actual day of the holiday. Holidays that fall on Friday or Saturday become floaters. Holidays that fall on Sunday are observed on the following Monday. If two-day holidays fall on a Sunday and Monday, then the holidays are observed on Monday and Tuesday.

Any employee that works without regard to holidays (i.e., police department employees) shall observe the holiday on the actual day on which it falls, including the closure days between Christmas and New Year's Day.

At the begiru"iing of each fiscal year, employees will be credited with the total hours of holiday leave for that fiscal year and all holiday leave must be utilized during the fiscal year. Holiday leave used shall be deducted from the hours credited in increments of eight (8) or ten (10) hours for each day taken, according to the employee's work schedule. Employees who are scheduled to work on holidays will be paid their normal daily rate of pay for hours worked. The employee will have the option to take the holiday off at another date to be scheduled by the department as work schedules permit, or to be paid for that holiday at their straight-time rate of pay, which is in addition to the pay they received for working the Holiday.

SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:
26 80 85
One (1) to four (4) years of service:

Five (5) to nine (9) years of service:

Ten (10) or more years of service:
80 hours annually
120 hours annually
160 hours annually
Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours. If an employee's vacation accrual is at the maximum level, and the employee has requested vacation within the current notification requirements and been denied use of vacation time, Persoru"iel shall direct that the specific loss of hours due to the denial of time-off request to be rolled over. The rollover will be calculated and accrued in a separate leave bank to be used within one (1) year. The employee shall demonstrate the denial of the time- off request.

Exceptions to vacation accrual limits will be considered on a case-by- case basis in those circumstances where it is not in the City's best interest to allow an employee to take vacation leave due to limitations such as lack of adequate staffing or time constrained projects.

B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Persoru'iel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.

SECTION 3 SICK LEAVE
A. Entitlement
Employees shall earn one hundred twenty (120) hours of sick leave per year prorated by pay period. Annually, the City shall permit employees to utilize fifty (50) hours of their accrued sick leave as 27 81 86
paid time off for reasons of personal business (not related to illness).

These days shall not be regarded as "sick leave used" for any personnel purposes, including employee discipline, evaluations, promotions, assignments, etc.

B. Sick Leave Program

1. Illness or Injury Leave Notification and Verification Procedure:

In the event of an absence due to illness or injury, employees must notify their department supervisor (or the supervisor's designee), prior to or at the beginning of their shift starting time.

Employees who are incapacitated and cannot notify their department supervisor, must notify their supervisor at the earliest possible time and may have a spouse or other person contact their supervisor within the time limit specified above.

2. An employee that become ill or injured, while working on the job, must request their supervisor's approval to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their supervisor.

4. Failure to notify the department supervisor, as stated in Notification Section 1, will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.

5. All absences not due to illness or injury must be requested as noted in the appropriate leave sections.

6. Verification In the event that employees have, in their supervisor's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the supervisor may attempt to verify the absence or proper use of sick leave by any of the following:
a. Telephoning the employee at home (or appropriate location). 28 82
87 b. Visiting employee at home.
c. A sub-rosa investigation.
d. A medical evaluation at the City's expense, or e. A medical evaluation at the employee's expense (A licensed physician must complete the medical evaluation which must include the reason for the absence and permission to return to work.

7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a supervisor may schedule a counseling session to determine the reasons or justification for the excessive use. The counseling session shall be conducted by the Personnel Officer and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the department representatives. This session shall be documented by a written summary of the abuse problems and discussion. The summary shall be issued by the Persoru"iel Officer and a copy distributed to attendees of the session and to the affected employee's Personnel file.

C. Sick Leave Advances
The City will not provide advances in sick leave when an employee has depleted their sick leave balances.

D. Sick Leave Payoff

1. Employees hired before January 1, 1993, have unlimited sick leave accrual and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.
29 83 88

5. The employee will receive payment in a lump sum in the next payroll period after separation at employee's base rate of pay.

SECTION 4 PAY FOR JURY DUTY
A. Jury Duty Service
All employees who are called for Jury Duty shall be entitled to a maximum of ten (10) days at full salary. Employees are obligated to inform the Judge/ Court that City policy is to only pay ten (10) days of service. Should an employee, through no fault of his/her own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days.

Exceptions may be made to this policy by the City Manager in very unusual circumstances.

B. Attendance

1. A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office. Employee on shifts other than the normal shift shall have off the equivalent time to actual )ury service plus reasonable travel time to and from their places 30 84 89
of residence; likewise, employees on the regular work shift, who serve on night court juries will have off the actual time of service plus reasonable travel time to and from their places of residence.

However, an employee serving on jury duty for example, in downtown Los Angeles excused at 4:00 P.M. would not be expected to return to work that day). If the option for call-in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.

SECTION 5 UNP AID LEAVE
A. Leave Without Pay
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the Department Head and the Personnel Officer. Leaves of absence in excess of ninety (90) calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Personnel Officer may approve the short-term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Persoru"iel Transaction Form. The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.
31 8590
B. Catastrophic Illness/Injury
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life insurance) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Personnel Officer, and is applicable when the employee's leave benefits are exhausted, under the following formula:

SECTION 6
Years of Full-Time City
After (2) years
After (4) years
After (7) years
After (10) years
MATERNITY [EAVE
Months of Continued Coverage
3 months
6 months
9 months
12 months
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate.

SECTION 7 FAMILY MEDICAL [EAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations which are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.

A. Amount of Leave - Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's 32 86 91
entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

B. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12-month period to determine how much leave has been used in determining how much leave a member is entitled to.

SECTION 8 BEREAVEMENT
The term "immediate family" is defined as the spouse, domestic partner, children, father, father-in-law, mother, mother-in-law, brother, brother- in-law, sister, sister-in-law, stepchildren, stepparents, foster children, foster parents, grandparents, or grandchildren of the employee or other person as approved by the City Manager or their designee.

A. Within The State
Upon the death of the immediate family, within the state, the employee shall have thirty (30) hours leave, not chargeable to any other leave, when employee travels within the state. Employees who travel within the state may take an additional forty (40) hours of leave chargeable to sick leave.

B. Out Of State
Upon the death of immediate family out of state, the employee shall have forty (40) hours leave, not chargeable to any other leave, when employee travels out of state. Employees whose bereavement requires travel out of state may take an additional thirty (30) hours leave chargeable to sick leave,
33 87 92
SECTION9 JOB RELATED INJURY OR ILLNESS
In the event of an absence due to a job-related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours for any one injury or illness. This period of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any.

SECTION 10 MILITARY LEAVE
Military leave is restricted to normally required active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law. Compensation, reemployment, seniority and other rights and privileges shall be governed by applicable laws. In order to verify the right to such leave, the employee shall cause a copy of his/her orders to and from military duty and relief therefrom to be filed with City's Personnel Officer.

Military leave is recorded on the employee's time sheet and approved by the Department Head. Employees are entitled to receive a maximum of 80 hours of paid leave per fiscal year for annual military training.

Employees are entitled to receive up to an additional 30 days (300 hours) of paid military leave if they are called to active duty (other than annual training) in the National Guard or one of the branches of the U.S.

Military.

SECTION 11 ADMINISTRATIVE LEA VE
Employees eligible for Administrative Leave (i.e. FLSA exempt employees) who have reached their maximum allowed accrual and who are denied Administrative Leave time off because of their department's need shall automatically qualify to cash out hours in excess of their allotted maximum limit.

A. Employees will be provided Administrative Leave of 60 hours per year. Employees may carry over unused Administrative Leave to the following fiscal year, but at no time shall an employee maintain a 34 88
93 balance of Administrative Leave greater than one hundred (100) hours.

B. Employees may request a payout of up to 40 hours of accrued administrative leave each fiscal year. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated administrative leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. When requested, the payment will be made the first payroll period the following May.

SECTION 12 SPECIAL ADMINISTRATIVE LEAVE
Employees may be required by management to regularly attend meetings after normal working hours, such as, but not limited to, City Plaru"iing Meetings and City Council Meetings or may be required to routinely work weekends. In instances where this occurs more than once in a month, the employee may use special administrative leave under the following conditions:

1. No more than eighty (80) hours of leave may be used in any fiscal year.

2. No more than four (4) hours of leave may be used in a work week.

3. The amount of leave used in a work week may be no more than the amount of time spent required to work after normal work hours, up to the four (4) hour maximum, and must be used in the same week that the extra work occurred.

4. The employee is required to inform his/her supervisor of the intent to use the Special Administrative Leave and the supervisor may postpone the use of the leave if granting the time would seriously disrupt the accomplishment of a critical task. The Department Head may grant more than 4 hours in a week due to special circumstances.

5. Special Administrative Leave does not carry over to the next fiscal year.
35 89
94 6. There will be no payoff of "unused" Special Administrative Leave.

7. Disputes about the use of Special Administrative Leave will be resolved by good faith discussions between the City, the Association and the involved employee(s) and will not be subject to the grievance procedure.

ARTICLE V

DISCIPLINE & GRIEV ANCE PROCEDURES

SECTION I DISCIPLINE PROCEDURE
A. The Personnel Officer or appropriate appointing authority may take disciplinary action for cause against an employee and within a reasonable period of time after the alleged wrongdoing by the employee. Discipline shall be administered according to progressive discipline principles. Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/W arning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge. City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certpin alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action.

The term "disciplinary action," shall be limited in meaning to any of the following:

1. Demotion, Discharge, Or Reduction In Salary
Such disciplinary action may take the form of discharge, reduction in salary, or a demotion where there is a vacancy in the same classification series at a lower level within the department. 36 90
95 2. Suspension
An appointing authority may suspend an employee for one or more of the causes for discipline specified in applicable personnel rules for a period of up to thirty (30) days.

3. Reprimand/Warnings
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an employee does not warrant discipline, as noted in Article V, Section IB. (Notice of Disciplinary Action); however, it does warrant written notification for corrective purposes. A Supervisor (or appropriate management personnel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in the applicable personnel rules. The issuing authority shall include in the document a "sunset" clause (removal date from personnel file) of eighteen (18) months. Removal of the document shall be subject to the Department Head's sole discretion based upon if the employee's subsequent work record justifies removal, the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee persoru"iel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Personnel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.

The Written Reprimand Or Warning Shall Only Be Reviewed As Follows:
a. After receipt of written reprimand or written warning, the employee may request a review of said document to issuing authority within ten (10) working days. Said review may include an oral response and/or written response. The issuing authority's decision may be to rescind the document, to modify the document with no change in content. The employee shall be notified, orally or in writing, of the decision of the issuing authority.
37 91 96
b. The employee may request said decision be reviewed by the Department Head, if applicable, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action).
c. The employee may request that the above decision be reviewed by the Personnel Officer, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action). The decision of the Persoru"iel Officer shall be final with no further review of the reprimand or warning.

B. Notice of Disciplinary Action
At any time any disciplinary action is proposed to be taken against any classified employee, they shall be served with written notice at least ten (10) working days prior to the effective date of the proposed disciplinary action, either personally or by certified mail. Said notice shall state the proposed action, the effective date if implemented, the reasons therefore, a copy of the charges and materials upon which the proposed action is based, and a copy of Article V of this Agreement. In termination cases, the concerned employee may be suspended from duty, at full pay, from the time notice is served until the effective date of termination.

1. Skelly Proceeding
Prior to implementing the disciplinary action, a Skelly proceeding will take place to allow the employee an opportunity to respond to the proposed discipline and charges, either orally or in writing, or both. The results of the proceeding may initially be given to the employee orally; however, a written decision will be issued within ten (10) working days of the proceeding C. Appeal Of The Disciplinary Action

1. Appeal To Personnel Officer
A classified employee may file with the Personnel Officer, in writing, an appeal to the disciplinary action and charges. Said appeal shall be filed with the Personnel Officer not more than ten 38 92
97 (10) working days after receiving the discipline, or the written results of the Skelly Proceeding referenced in Article V, Section IB(I) (Notice of Disciplinary Action/Skelly Proceeding), whichever is later.

The parties shall retain the services of an Administrative Law Judge (ALJ) through the Office of Administrative Hearings (OAH) to conduct the disciplinary appeal and provide an advisory written decision, as described below.
a. Hearing An Appeal
Within six (6) weeks of receipt of an appeal (referred to above), the ALJ shall hold a hearing and shall direct the Personnel Officer to notify those whose presence is required.

The appellant shall be entitled to appear personally and to have counsel and they shall be notified in writing of the time and place of meeting. The ALJ may proceed informally, and the rules of evidence shall not apply.
b. Public Hearings
The fact-finding aspect of the ALJ hearings shall be open to the public. The deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require.
c. Failure Of An Appellant To Appear
Failure of an appellant or their counsel to appear at the hearing shall be deemed to be a withdrawal of their appeal and the action of the appointing authority shall be final. d. Conduct Of Hearings
The ALJ shall convene the hearing, declare adjournments, recesses and continuances, shall maintain good order and shall call upon the parties to present witnesses, argument and other matters in the normal course of proceedings. The ALJ shall rule upon all objections, procedural motions and other matters which may come before the ALJ. At the conclusion of the hearing, after all evidence and arguments have been 39 93
98 presented, the matter shall be deemed submitted to the ALJ for decision. The ALJ shall determine whether to affirm, reverse or modify the disciplinary action taken.
e. City Council Review
The findings of fact and conclusions of law submitted by the ALJ shall be delivered to the employee (or their representative or legal counsel), the Department Head of the employee's department (or legal counsel), the City Council, the City Manager, the City Attorney and the Personnel Officer. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion. f. Costs
The City and the Association shall share the costs of using the ALJ and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALJ of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALJ fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other
representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALJ under the same rules stated herein.
g. General Definitions

1. Working Days
The term "working days" shall be considered for
administrative convenience to be Monday through
Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays. 40 94
99 2. Time Limits
The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer or Administrative Law Judge. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative. The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.

3. Employee Representative
The employee "representative" referred to herein above may be an employee of the City.

SECTION 2 GRIEV ANCE PROCEDURE
A. S
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:

1. Any dispute arising out of or in connection with meeting and conferring pursuant to Resolution No. 3674.

2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.

3. Any appeal concerning disciplinary action affecting any employee (See Article V., Section 1- Discipline and Grievance Procedures).
41 95 100
B. Procedure
Step 1 A grievance may be initiated in this Step I by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based.

The supervisor will give an oral answer to the employee or employees involved within no more than fifteen (15) working days after the grievance was orally presented.

Step 2 If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than ten (10) working days after the answer in Step 1 has been received or the time for such answer has expired. Within no more than ten (10) working days after receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be present if requested. Grievances submitted in Step 2 shall be answered in writing within ten (10) working days of said meeting.

Step 3 If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Personnel Officer.
a. Within no more than ten (10) working days after receipt of the written grievance, a meeting shall be scheduled between the Personnel Officer and the employee or
employees involved. A representative of the employee or employees may be present if requested.
b. Grievances involving a dispute between the City and a Recognized Employee Organization may be initiated in this Step by either party in said written form within ten 42 96101
(10) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within ten (10) working days of receipt of said written grievance between no more than two (2)
designated representatives of the City and two (2) of the Recognized Employee Organization. In addition, the
employee or employees involved, if any, the Department Head, and the immediate supervisor shall be entitled to be present at the meeting.
c. Grievances submitted in Step 3 shall be answered by the Personnel Officer in writing within ten (10) working days of said meeting(s).

Step 4 The City and the Association shall retain the services of an Administrative Law Judge through the Office of
Administrative Hearings and shall share the costs of using the Administrative Law Judge and Office of Administrative Hearings equally, with each side paying their share as and when required by the neutral, third-party or the Office of Administrative Hearings. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the matter.

Within thirty (30) calendar days after the receipt of a request for review, the Administrative Law Judge shall hold a hearing. The Persoru"iel Officer shall notify the aggrieved party of the date, time and place of the hearing. The aggrieved party has the right to appear personally and to have counsel appear on its behalf. The hearing shall be conducted pursuant to Article V, Section 1, Subsection d (Conduct of Hearings), above.

The fact-finding aspect of the Administrative Law Judge hearings shall be open to the publig the deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.
43 97 102
If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the Administrative Law Judge under the same rules stated herein.

C. Review By City Council
The advisory decision of the Administrative Law Judge shall be final and binding unless within thirty (30) calendar days thereafter a request for review by the City Council is filed with the Persoru'iel Officer, or the City Council, on its own motion, requests review thereof within said period.

D. General Definitions

1. Grievance Defined
"Grievance" means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any dispute or difference between the City and a recognized employee organization concerning the interpretation or application of any existing memorandum of understanding between the City and said recognized employee organization.

2. Working Days
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.

3. Time Limits
The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a 44 98
103
City representative. The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
4, Employee Representative
The employee "representative" referred to in Steps 2 and 3 above may be an employee of the City.

ARTICLE VI

IMPLEMENT ATION OF

MEMORANDUM OF UNDERST ANDING

SECTION I WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recommendations of the City's designated representatives by the City Council, its members will provide service to the City upon the terms and conditions herein stated.

B. Subject to the provisions of this MOU, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities.

C. It is understood and agreed that this MOU is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws or regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this MOU shall remain in full force and effect.
45 99 104

ARTICLE VII
[AYOFFS
For the purposes of this Article "business day," is defined as the normal operating days for personnel, currently Monday through Thursday.

A, The City Council or City Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give employees covered by this MOU not less than fifteen (15) business days advance notice of lay-off and the reason therefore. However, no full-time employee shall be separated from a department while regular part-time, or hourly employees are serving in the same positions in the department. The conditions of lay-off shall be as follows:

Order of Separation
The principal criterion used in determining the order of separation and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, ability and qualifications to perform the job. Furthermore, seniority shall govern unless the following criteria show that ability, merit, and records of the employees considered for lay-off are not equal:
1) Employee's last four (4) performance evaluations rating, if in existence.
2) History of employee written disciplinary actions. 3) Attendance record tardiness, and unexcused absences. 4) In the event the less senior employee in the position in the class to be laid off has superior skills, ability, qualifications, merit and record, as determined in the above manner, then the more senior employee shall be laid-off.

The City shall have the burden of establishing the above criteria. 46 100 105
B. Bumping Rights
The employee laid-off shall be entitled to bump to the position in a class in which they currently or formerly held a
permanent
appointment and in which there is an employee with less seniority in the class, if physically and mentally able to perform the duties of the former class. After the City has notified the affected employee and also the position available to the employee, if any, to bump, they must notify the Personnel Officer of their intent to exercise the bumping rights within fourteen (14) business days of the position, and classification in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid-off for the same reason as the person who bumped them and shall in the same manner be eligible to bump to a position in a class within the City in which they formally had a permanent position.

C. Appointment of Laid-Off Employees to Lower Class
The City Manager may approve the appointment of an employee who is to be laid-off to an existing vacancy in a lower class for which they are qualified without requiring an examination, provided the appropriate appointing authority so appoints.

D. Applicability
These provisions shall apply to all classified positions, including regular
part-time positions to the extent any regular part-time positions are covered by this MOU, but shall not apply to unclassified, probationary, hourly, and temporary positions.

E. Lay-off List
The lay-off list shall consist of those employees laid-off in the classification ranked in order of seniority. If there is a classification of
a lower rank in the same classification series as the position from which the employee was laid-off, that employee's name shall be placed on the lay-off list for each such lower ranked classification. 47 101
106
A laid-off employee shall retain re-employment rights to the classification from which they were laid-off irrespective of their acceptance of reemployment at a lesser rank.

ARTICLE VIII

REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS
Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees.

ARTICLE IX

FULL UNDERST ANDING
This MOU is the result of a joint effort by the Association and the City to capture all past agreements between the parties that are still applicable and active. If an issue or practice is included in this MOU, the language of this MOU is controlling. If an issue or practice is not included in this MOU and there is a clear practice or a current written practice, such as the City's Salary Resolution, covering the issue, the past practice or written practice will be controlling.

ARTICLE X

SECTION I COMMERCIAL LICENSE OPERATORS
The parties agree to meet three (3) months after City Council approval of this MOU to discuss and exchange proposals relating to 48 102
107
classifications requiring a commercial license as a term and condition of employment.

SECTION 2 UPDATING POLICIES
The parties agree to meet confer during the term of this MOU regarding updating the City's Employee Handbook, Employer-Employee Relations Resolution, Personnel Rules and Regulations, and classification specifications.
49 103 108
Memorandum of Understanding between the City of South Gate and the South Gate Professional Mid-Management Association -Signature pay,,e-
The City and the Association acla-iowledge that this Agreement is entered into the day of November 2024 and is subject to it being executed by authorized representatives.

CITY OF SOUTH GATE: SOUTH GATE PROFESSIONAL MID-
MANAGEMENT ASSOCIATION:

Gil Hurtado, Mayor
Date:

Osie Harrell, Preside
Date:

Monterroza, Vi resident
ATTEST:

Date: xi/iil-gq
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

DRAFT
Raul F. Salinas, City Attorney
104 109

MEMORANDUM
TO:

FROM:

DATE:

Rob Houston, City Manager
Raul F. Salinas, City Attorn!
Noyember 5. 2024
SUBJECT: CLOSED SESSION ITEMS FOR THE SPECIAL CITY COUNCIL MEETING OF NOVEMBER 12, 2024
The following items should be listed on the Closed Session Agenda for the Special City Council Meeting of the City of South Gate on November 12, 2024, at 5:30 p.m.:

1. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Governinent Code Section 54957.6
Agency Representation: City Manager
Rob Houston
Employee Organizations: SGPMMA
SGMEA

2. CONSIDER THE EVALUATION OF PERFORMANCE OF A PUBLIC EMPLOYEE Pursuant to Governi'nent Code Section 54951
a. City Manager
If yori have any questions, please do not hesitate to contact this office immediately. 110

South Gate City CouncilNovember 12, 2024

South Gate City Council
November 12, 2024