HomeMy WebLinkAboutA5573 - MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS) MOUDocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
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MEMORANDUM OF
UNDERSTANDING
JULY 19 2021 - JUNE 309 2023
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Management Association of Palm Springs (MAPS)
Memorandum of Understanding
July 1, 2021 - June 30, 2023
GENERAL PROVISIONS...............................................................................................1
ARTICLE1, TERM.........................................................................................................
1
ARTICLE 2, RECOGNITION...........................................................................................
1
ARTICLE3, PRACTICES...............................................................................................
1
ARTICLE 4, FEDERAL AND STATE LAWS....................................................................
1
ARTICLE 5, MAINTENANCE OF BENEFITS..................................................................
2
COMPENSATION / OTHER PAY...................................................................................3
ARTICLE 6, SALARIES..................................................................................................
3
ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY.....................................................
3
ARTICLE 8, OVERTIME AND STANDBY PAY...............................................................
3
ARTICLE 9, ACTING OUT OF CLASSIFICATION..........................................................
4
ARTICLE 10, SPECIAL COMPENSATION.....................................................................
5
ARTICLE 11, UNIFORM ALLOWANCE..........................................................................
6
ARTICLE 12, MILEAGE..................................................................................................
7
BENEFITS......................................................................................................................
8
ARTICLE 13, HEALTH INSURANCE..............................................................................
8
ARTICLE 14, HEALTH INSURANCE FOR RETIREES..................................................11
ARTICLE 15, RETIREMENT..........................................................................................13
ARTICLE 16, EDUCATION REIMBURSEMENT............................................................14
ARTICLE 17, EMPLOYEE SERVICE AWARDS.............................................................14
ARTICLE 18, CELL PHONES........................................................................................14
WORKHOURS / LEAVE..............................................................................................15
ARTICLE 19, WORK SCHEDULE..................................................................................15
ARTICLE 20, ANNUAL LEAVE......................................................................................15
ARTICLE 21, FLOATING HOLIDAYS............................................................................17
ARTICLE 22, BEREAVEMENT LEAVE..........................................................................19
ARTICLE 23, DISPOSITION OF LEAVE AND PAY UPON SEPARATION ............ ERROR!
BOOKMARK NOT DEFINED.
EMPLOYER / EMPLOYEE REALATIONS...................................................................19
ARTICLE 24, DRUG POLICY/DRUG SCREENING.......................................................19
ARTICLE 25, REDUCTION IN FORCE..........................................................................19
ARTICLE 26, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP .......................19
ARTICLE 27, MEETINGS..............................................................................................19
ARTICLE 28, ASSOCIATION TIME BANK.....................................................................19
ARTICLE 29, STRIKES AND WORK STOPPAGES.......................................................20
ARTICLE 30, GRIEVANCE PROCEDURE....................................................................20
ARTICLE 31, DISCIPLINARY APPEALS PROCESS.....................................................22
ARTICLE 32, WAIVER OF FURTHER BARGAINING....................................................26
APPENDIX A- DRUG AND ALCOHOL POLICY...........................................................27
APPENDIX B - MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS .............29
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF PALM SPRINGS)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2021 — JUNE 30, 2023
GENERAL PROVISIONS
ARTICLE 1, TERM
MAPS AND CITY agrees as follows:
This MOU shall be for the period commencing July 1, 2021, and terminating at 11:59
p.m. on, June 30, 2023.
ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Management Association of Palm Springs (hereinafter referred to as "MAPS")
is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit ("Unit") as defined
in Appendix B of this MOU.
B. MAPS and the City have met and conferred in good faith on wages, hours and other
terms and conditions of employment for the employees represented by MAPS and
have reached agreements which are set forth in this Memorandum of Understanding
(hereinafter referred to as the "MOU").
ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer -employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment.
ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
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such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Unit as represented by MAPS (referred to as "unit members" in this
MOU) shall not be deemed affected by this MOU, except as specifically modified by
provisions hereof or by actions taken in implementation hereof.
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COMPENSATION / OTHER PAY
ARTICLE 6, SALARIES
Effective the pay period following Council approval of this MOU, unit members shall
receive a three and one -quarter percent (3.25%) salary increase.
Effective the pay period which includes July 1, 2022, unit members shall receive a three
percent and one -quarter (3.25%) salary increase.
In addition to the above, each member of the bargaining unit employed on the day that
the City Council approves this 2021-2023 MOU shall receive a lump sum payment of two
thousand five hundred dollars ($2,500.00) which will be paid on the pay day for the pay
period following City Council approval of this MOU.
For each classification represented by the Association, there is one range on the salary
schedule.
Employees who promote into the unit will be placed at a step on the salary schedule at
least five percent (5%) above (unless five percent (5%) would cause the employee's
salary range to be above top step for the classification hired into) the step from which they
were at in their prior job classification with the City.
Employees who are promoted within the unit will be placed at the lowest step in their new
classification which will ensure that they receive at least a five percent (5%) increase from
their current salary.
ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY
Unit members shall be advanced one-step on the salary schedule effective on each
member's anniversary date, provided the member's service has been continuous and
they have at least a "meets expectations" or higher service rating on their most recent
performance evaluation. Such consideration for a salary advancement shall only be given
effective on each anniversary date until the member reaches the top step of the range.
Any unpaid leave of absence in excess of twenty (20) consecutive days will extend a
member's anniversary date by the length of such leave.
ARTICLE 8, OVERTIME AND STANDBY PAY
8.1
The bargaining unit is made up of employees who are both exempt and non-exempt from
overtime per the Fair Labor Standards Act (FLSA). The parties agree that each of the
classifications represented by the Association along with their designation as either exempt
or non-exempt is set forth in Appendix B to this MOU. For purposes of this MOU, overtime
or compensatory time off provided to employees (as provided in the paragraph below) who
occupy classifications designated as exempt will be provided to employees pursuant to this
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MOU, not because these employees are entitled to overtime per the FLSA. Non-exempt
employees are entitled to overtime or compensatory time off as provided below in
accordance with the FLSA.
The City agrees that if a Unit member is asked to work more than 40 hours in a week, such
member will be eligible to receive overtime or compensatory time off, either MOU
overtime/compensatory time off for exempt employees or FLSA overtime/compensatory
time off for non-exempt employees. If the employee accrues compensatory time off, all
requests to use that time will be honored if the employee provides reasonable notice unless
it would be unduly disruptive to do so. The maximum compensatory time off accumulation
is one hundred (100) hours.
Unit members shall be required to log time in and time out. Employees may be allowed to
flex hours within a workweek, if approved in advance by the Department Head.
8.2 Standby Pay
Unit members shall be paid for two (2) hours per day for standby pay at the employee's
regular hourly rate and not subject to overtime premium. Department Heads, Managers
and Supervisors placing employees on standby are encouraged to provide unit members
with advanced notice (when possible) of placement on standby.
Unit members on standby shall receive a cell phone from the City and will be required to
respond to the call or text as quickly as possible. Upon responding, the member will be
instructed as to whether they are required to return to work and will be informed of the
location to which they must respond. Response time will generally be one hour and any
additional minimal time necessary to get ready to return to work. Standby lists shall be
created monthly, at least one week in advance of any standby shift. Members will be
permitted to trade stand-by shifts with their colleagues.
ARTICLE 9, ACTING OUT OF CLASSIFICATION
9.1 Employees Who Are Assigned to Another Classification On An Acting Basis
On the second consecutive workday that a Unit member is assigned to an acting
assignment such member shall be entitled to additional compensation equal to the lowest
step on the range of the higher classification which will provide an increase in pay of 5%,
but not to exceed the top step of the classification for which such member is performing
acting out of class duties ("acting pay"). Such acting pay shall be prospective only,
commencing the second consecutive workday the member is acting out of class and
continuing thereafter until such member ceases performing acting out of class duties.
9.2 Employees Who Are Not Assigned to Another Classification, But Who Are
Required To Perform Duties Not Covered By Their Classification
On the second consecutive workday that a Unit member is required to perform the majority
of the duties of a higher classification ("acting out of class") such member shall be entitled
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to additional compensation equal to the lowest step on the range of the higher classification
which will provide an increase in pay of 5%, but not to exceed the top step of the
classification for which such member is performing acting out of class duties ("acting pay").
Such acting pay shall be prospective only, commencing the second (2) consecutive day the
member is performing the majority of the duties of the higher classification and continuing
thereafter until such member ceases performing those duties.
ARTICLE 10, SPECIAL COMPENSATION
Per this article, unit members may only receive one of the following certification premiums
(set forth in Articles 10.1 — 10.3): Master's Degree, professional certification, notary
certification or bilingual certification.
10.1 Education Incentive Pay
Unit members will be eligible to receive an additional 5.0% of their base salary for a Master's
Degree from a college or university accredited by either the Council for Higher Education
Accreditation ("CHEA") or the U.S. Department of Education ("USDE"), or for maintaining a
professional certification related to their job that require Continuing Education Hours or
require testing or coursework to be recertified. Any employees who have previously
received certification pay from the City for certifications which do not require Continuing
Education Hours or require testing or coursework to be recertified, will continue to receive
that pay. However, effective July 1, 2014 certification pay for professional certifications will
only be provided to employees who maintain certifications related to their job which require
Continuing Education Hours or require testing or coursework to be recertified. Each
Department must approve the certification pay and determine if it is a certification necessary
for the department.
10.2 Notary Pay
Unit members designated by the City Manager may be eligible to receive an additional
5.0% Notary Certification Pay for being a licensed Notary Public. Designations for "Notary
Certification Pay" for Unit members shall be entirely at the City Manager's discretion.
Employees hired on or after October 4, 2018, will receive one hundred dollars ($100) per
month for Notary Certification Pay.
10.3 Bilingual Pay
Unit members are eligible for Bilingual Pay as provided in this section. The City Manager
shall determine the language needs as well as the number of members eligible for Bilingual
Pay. In order to be eligible for Bilingual Pay, a member must pass an examination (and as
set forth below, must recertify) demonstrating fluency in listening, writing and speaking the
desired second language.
Unit members hired before October4, 2018 are eligible to receive five percent (5%) of base
salary in compensation for Bilingual Pay if their position is selected to receive Bilingual Pay
and they pass the required examinations. Members will be required to take both a
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speaking and listening and a writing bilingual proficiency examination. These members
shall receive two and one half percent (2.5%) for passing the speaking and listening
portion of the bilingual proficiency exam and an additional two and one half percent
(2.5%) for passing the writing portion of the bilingual proficiency exam for up to a
maximum of five percent (5%) of base salary.
Members hired on or after October 4, 2018who become eligible for bilingual pay shall
receive two hundred and fifty dollars ($250) per month for Bilingual Pay. Members will be
required to take both a speaking and listening and a writing bilingual proficiency
examination. Members shall receive one hundred and twenty-five dollars ($125) per
month for passing the speaking and listening portion of the bilingual proficiency exam
and an additional one hundred and twenty-five dollars ($125) per month for passing the
writing portion of the bilingual proficiency exam for up to a maximum of two hundred
and fifty dollars ($250) per month.
The examinations shall be developed and administered by the City to demonstrate
fluency in writing and speaking and listening the desired second language. All members
receiving bilingual pay must pass the prescribed examinations for each skill (one for
speaking and listening and the other for writing) every two years to continue to receive
bilingual pay for each skill. The City will notify members when they are required to re-
test. A member who passes one of the tests but not the other, will still be eligible to
receive their respective bilingual pay (2.5% or $125 per month for the skill passed. In
addition, the member may take a recertification examination after waiting at least three
(3) months after taking the recertification examination to which the employee did not
pass. If the member does not pass that recertification examination, they shall not be
permitted to take the recertification examination for that skill until their two-year cycle to
recertify has passed. The City will notify members when they are required to re -test.
If the member passes one of the two examinations they shall the respective incentive
pay (2.5% or $125 per month) for Bilingual Pay. If the member does not pass either or
both of those subsequent recertification examinations, they shall not be permitted to
take the recertification examination(s) for that skill until their two-year cycle to recertify
has passed. The Human Resources Department will coordinate the recertification
examination for each employee receiving bilingual pay.
For any members who receive Bilingual Pay, they must sign up to be present at and
prepared to use their bilingual skills at one City Council meeting per year. On the day of
the Council meeting for which the employee signs up, they shall adjust their work schedule
that day by starting four hours later than their regular start time so that they can be present
at the Council meeting to utilize their bilingual skills.
ARTICLE 11, UNIFORM ALLOWANCE AND SAFETY BOOTS
City agrees to continue to pay a monthly uniform allowance of one hundred twenty-five
dollars ($125.00) to the Emergency Management Coordinator and the Fire Marshal and
eighty-five dollars ($85.00) to the Police Services Supervisor as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms.
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Each fiscal year the City will provide four (4) shirts, four (4) pants and a jacket for Airport
Operations Supervisors. The City will provide thirty dollars ($30.00) per month as
reimbursement for cleaning uniforms for the Airport Operations Supervisors, and effective
on the first day of the month following City Council approval of this MOU, the Code
Compliance Supervisor and the Maintenance Supervisor.
Effective January 1, 2022, the City shall reimburse employees in the following
classifications up to one hundred and fifty dollars ($150.00) per year for the purchase of
safety boots: Maintenance Supervisor, Fleet Manager, Streets Manager, and
Maintenance Superintendent.
ARTICLE 12, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
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BENEFITS
ARTICLE 13, HEALTH INSURANCE
13.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees' Retirement
Health Care Plan pursuant to the Public Employees' Hospital and Medical Care Act
(PEHMCA), Government Code Sections 22751 etsea., forthe provision of health insurance
for members of the unit. The health insurance benefit provided through PEHMCA shall be
part of a cafeteria plan in accordance with IRS Code section 125 ("the Plan") which also
includes:
A. Dental Insurance as addressed below in Section 13.3; and
B. Vision Insurance as addressed below in Section 13.5
The City will pay the CalPERS statutory minimum to comply with the Public Employees'
Hospital and Medical Care Act on behalf of all employees and retirees ($143 for 2021, and
a yet undetermined amount for beyond 2021. In addition, the maximum City contribution
to the Plan (i.e., health, dental and vision insurance) shall be determined annually based
on the formula that has been used by City which is inclusive of the PERS statutory
minimum. The formula involves taking the rate increase for each benefit as listed above,
and combining them to develop a single rate increase to the maximum contribution to the
categories listed below (i.e., single, two-party, and family).
The current cafeteria plan rates effective January 1, 2021, are:
Category
Maximum Contribution
Employee Only
$792/month
Employee + 1
$1,597/month
Family
$2,094/month
The cafeteria plan rates effective January 1, 2022, are:
Category
Maximum Contribution
Employee Only
$821/month
Employee + 1
$1,655/month
Family
$2,165/month
Since the actual amounts above also include the PERS statutory minimum, the actual
amounts provided to employees through the cafeteria plan are the above amounts minus
the PERS statutory minimum for each applicable calendar year.
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In the event that the premium changes for health, dental and vision insurance (i.e., the Plan
benefits) exceed the City's maximum rate of contribution by five percent (5%), the amount
of the excess shall be paid by unit members through a payroll deduction.
The maximum City monthly contribution for the Plan shall be determined by the health plan
selected (i.e., single, two-party, or family). Should an employee decline health coverage,
but elect either dental or vision coverage, there will be no Plan excess dollars paid to the
employee. The City will, however, pay the premiums for the dental and/or vision coverage/s
selected.
The Association acknowledges that the City's agreement to pay up to five percent (5%)
of the increases for health, dental and vision insurance is a valuable benefit. The
Association agrees that each year, once the increase in the costs of health, dental and
vision is known (CaIPERS generally publishes the increases for health insurance for the
following calendar year in July), the amount that will be paid for by the City will be
calculated based on the then current number of employees in the bargaining unit. The
City will then inform the Association as to what those increased costs will be so that the
Association is aware of how much more the City will be spending on these benefits in the
following calendar year. The City will consider these increased costs in evaluating its
positions in collective bargaining.
In the event a Unit member selects a health plan which does not require the City to make
a maximum contribution, then such unit member shall receive the remainder of the City
contribution (up to the maximum of $150.00 per pay period up to two pay periods per month
— twenty four (24) pay periods per year) as taxable wages.
13.2 Unit Members Who Opt Out of the Health Care Benefit Contribution
Unit members who choose to opt out of receiving the Heath Care Benefit Contribution
(i.e., receiving any portion of the total City contribution for any of the three benefits —
Medical, Dental and Vision) and who satisfy the Eligible Opt -Out Arrangement rules below
shall receive one hundred and fifty dollars ($150) (as taxable wages) per pay period (up
to two (2) pay periods per month - 24 pay periods per year).
Pursuant to the Affordable Care Act (ACA) Employer Mandate "affordability"
determination, an Eligible Opt -Out Arrangement requires the following for employees who
opt -out of employer -provided health coverage and receive cash in lieu:
A. Employee must provide reasonable evidence that the employee and each member
of the employee's expected tax family (individuals the employee expects to claim
personal exemption deduction) have or will have minimum essential coverage
(other than coverage in the individual market, whether or not obtained through
Covered California) during the period of coverage to which the opt -out
arrangement applies;
B. The opt -out payment may not be made if the employer knows or has reason to
know that the employee or any other member of the employee's expected tax
family does not have or will not have the alternative coverage;
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1. The evidence of alternative coverage must be provided every plan year to
which the eligible opt -out arrangement applies; and
2. The reasonable evidence will be an attestation signed by the employee,
attesting to the above, and must be provided no earlier than a reasonable
period of time before each plan year begins.
13.3 Dental Benefits
City agrees to continue dental benefits at level(s) existing under the current Plans.
Although it is possible that the carriers could change, the levels of benefits through new
carriers will be equivalent.
13.4 Life Insurance
Unit Members will receive $50,000.00 term life insurance coverage and $50,000
accidental death and dismemberment (AD&D) coverage.
13.5 Vision Benefits
City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this
MOU is executed. Although it is possible that the carriers could change, the levels of
benefits through new carriers will be equivalent.
13.6 Domestic Partner Coverage
Domestic partners may register with the Secretary of State and be eligible to enroll in a
CalPERS health plan. The law requires the following actions for a domestic partner to be
enrolled in a CalPERS health benefits plan: First, the Secretary must register the
domestic partnership, and provide a Declaration of Domestic Partnership to the domestic
partners.
The CalPERS enrollee must provide a copy of the Declaration of Domestic Partnership
and a signed Statement of Financial Liability (PERS form) to City. CalPERS will use the
same enrollment policies for domestic partnerships as currently used for traditional
marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document.
13.7 Short Term Disability
Employees are required to enroll in the short-term disability insurance plan and pay for
the benefit by making premium payments through a payroll deduction.
13.8 Long Term Disability
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Long Term Disability shall continue to be provided by the City at the benefit level(s)
existing as of the date this MOU is executed. Although it is possible that the carriers could
change, the levels of benefits through new carriers will be equivalent.
ARTICLE 14, HEALTH INSURANCE FOR RETIREES
Retiree medical insurance is provided through CalPERS pursuant to PEMHCA.
The City has two tiers (including three qualifying levels within Tier 1) for the provision of
retiree medical insurance., The provision of retiree medical insurance is provided by
providing all retired annuitants (i.e., retirees under PEMHCA) a benefit equal to that
received by covered unit members (the CalPERS statutory minimum).
For unit members, (as addressed above in Article 13) the provision of additional money
for medical insurance (i.e., in addition to the statutory minimum) is provided through a
cafeteria plan, which the parties have called the "Health Care Benefit Plan." For Tier
retirees with at least twenty (20) years of continuous service with the City, in addition to
the CalPERS statutory minimum, additional money for retiree medical insurance will be
provided pursuant to a Health Reimbursement Account (HRA) which has been
established by the City through a third party vendor who administers the Account. The
members pay for their chosen retiree medical insurance through a deduction from their
retirement payment from CalPERS. The third party vendor then disburses the below
described HRA benefit to each retiree as the retiree directs. The benefits provided by the
HRA are as follows:
A. Tier I — Level 1 — Retirees Who Were First Employed Before September 7, 2005
And Who Have At Least 25 Years of Continuous Service With the City:
These individuals will receive a dollar amount through the HRA which will equal
the City's contribution for medical insurance up to two-party coverage (i.e., a single
party will only be provided single party coverage) as described above under the
provision of retiree medical insurance (i.e., the member's maximum benefit is tied
to the plan chosen by the member at the time the member leaves active service
unless the member chooses a less costly plan in retirement and then it is tied to
that plan because the employee cannot be reimbursed for more than 100% of the
cost of the plan) for employees minus the particular calendar year's CalPERS
statutory minimum amount. If a member chooses a more costly plan as a retiree,
they will have additional out-of-pocket medical expenses.
If a member chooses a more costly health plan prior to retirement, they must have
chosen the plan at least one year prior to retirement or the health plan used for
determining the maximum benefit under the HRA will be the plan previously
chosen.
B. Tier I — Level 2 — Retirees Who Were First Employed Before September 7, 2005
And Who Have At Least 20 Years Of Continuous Service With the City:
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These individuals will receive a dollar amount through the HRA which will equal
seventy-five percent (75%) of the City's contribution for medical insurance up to
two-party coverage (i.e., a single party will only be provided single party coverage)
as described above under the provision of retiree medical insurance (i.e., the
member's maximum benefit is tied to the plan at the time the member leaves active
service unless the member chooses a less costly plan in retirement and then it is
tied to that plan because the employee cannot be reimbursed for more than 100%
of the cost of the plan) for members minus the particular calendar year's CalPERS
statutory minimum amount. If a member chooses a more costly plan as a retiree,
they will have additional out-of-pocket medical expenses.
If a member chooses a more costly health plan prior to retirement, they must have
chosen the plan at least one year prior to retirement or the health plan used for
determining the maximum benefit under the HRA will be the plan previously
chosen.
C. Tier I — Level 3 — Retirees Who Were First Employed Before September 7, 2005
But Who Have Less than 20 Years Of Continuous Service With the City:
These individuals will not receive any additional contribution through the HRA.
They will receive the CalPERS statutory minimum amount towards their chosen
retiree medical benefit.
1. Service Credit for Health Insurance For Retirees in Tier 1
Members in Tier 1 shall be eligible for two years of service credit for the
purpose of being eligible for retiree health insurance (e.g., an employee with
18 years of continuous service will be eligible for the benefits available to
those with 20 years of continuous service) if in the month of June (starting
in 2019) the member makes an irrevocable offer to retire (which will be
immediately accepted by the City) by no earlier than ninety (90) days from
the date of notice or later than December 31 of that same calendar year.
D. Tier II — Members First Hired on September 7, 2005 Or Later:
In addition to being provided the CaIPERS statutory minimum for retiree medical
insurance once retiring, these individuals, while employed, will receive one -
hundred dollars ($100.00) per month (placed into a retiree health savings (RHS)
account by the City. The City will pay the administrative costs of this account.
All Retirees will be required to comply with any of the requirements of CalPERS as
provided by PEMHCA. This may include, but not be limited to, enrolling in Medicare when
age appropriate and becoming eligible to receive Medicare. The City will not pay for the
cost of Medicare enrollment, as it will continue to pay the CalPERS statutory minimum for
all retired annuitants.
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ARTICLE 15, RETIREMENT
15.1 Retirement Formula
Unit members (and not "new members as defined by the Public Employees' Pension
Reform Act of 2013 - PEPRA) hired prior to December 24, 2012 are covered by the 2.7%
@ 55 formula provided for by the Public Employees' Retirement Law at Government Code
section 21354.5. These employees' retirement will be calculated pursuant to the optional
benefit (in the City's contract with CalPERS) of single highest twelve month period.
Unit members (and not "new members as defined by the Public Employees' Pension
Reform Act of 2013 - PEPRA) hired after December 24, 2012 are covered by the 2% @
60 formula provided for by the Public Employees' Retirement Law at Government Code
section 21353.3. These employees' retirement will be calculated per the three year
average final compensation per Government Code 20037.
Unit members who are defined as "new members" under the PEPRA, are covered by the
2% @ 62 formula provided for by the PEPRA at Government Code section 7522.20(a).
These employees' retirement will be calculated per the three year average final
compensation as provided for by the PEPRA per Government Code section 7522.32(a).
15.2 Employee Contributions to the Retirement System
Employees subject to the 2.7%(W-55 Formula:
These Unit members shall pay their eight percent (8%) member contribution.
Employees subject to the 2% (cD- 60 Formula:
These employees pay the seven percent (7%) member contribution.
Employees subject to the 2% (a) 62 Formula — "New Members" as defined by PEPRA:
These employees shall pay the statutorily mandated employee contribution rate of one
half of the total normal cost as determined by CalPERS in their annual valuation.
15.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by
IRS Code section 414(h)(2) to ensure that the employees' payment (i.e., "pick up" as that
term is used in section 414(h)(2)) of their employee contribution is made on a pre-tax
basis.
15.4 Optional Benefits
A. The City contracts with CalPERS for the following optional benefits:
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B. Pre -retirement death benefits to continue after remarriage of survivor — Government
Code section 21551
C. Death Benefit — Government Code section 21620
D. Post Retirement Survivor Allowance — Government Code sections 21624/26/28 and
21635
E. 1959 Survivor Benefit Level 4— Government Code section 21574. Employees pay
the employee premium for this benefit.
F. Military Reallocation Credit - Government Code section 21024
G. Final Compensation Period One Year - Government Code section 20042 for classic
members
H. 2% Cost of Living Allowance - Government Code section 21329
I. Prior Service - Government Code section 20055
ARTICLE 16, EDUCATION REIMBURSEMENT
No Unit member shall receive more than $1,500/fiscal year through the Educational
Reimbursement Program. The details of the Program are set forth in Personnel Rule
18.2.
ARTICLE 17, EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members.
ARTICLE 18, CELL PHONES
A. The decision as to which employees in MAPS need to have/use a cell phone for
work shall remain within the discretion of the City Manager.
B. The City retains the discretion to remove the cell phone at any time if it determines
the employee does not need to use a cell phone for the position.
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WORK HOURS / LEAVE
ARTICLE 19, WORK SCHEDULE
All unit members shall be assigned to work a 4/10 work schedule; four consecutive work
days followed by three consecutive days off. If an employee in Recreation or the Library
is working a 4/10 schedule and the City desires to change the work schedule to a different
work schedule, including 5/8 work schedule, the City will request to meet and confer with
the Association who agrees will promptly meet and confer with the City.
A unit member scheduled to work a 4/10 work schedule may request to work a four day
— nine hour work schedule (4/9). Such a request is subject to Department Head approval
and once granted, may be revoked at any time. A decision to deny a request for such a
work schedule is not subject to challenge or grievance. The Department Head has total
discretion as to whether to grant a request for such work schedule and whether the
schedule should continue. The parties agree that City Hall will remain closed on Fridays.
If the Executive Director of the Palm Springs International Airport desires to change a
member's schedule due to changes in flight schedules, the Association agrees that it will
meet with the City as soon as possible to address the issue.
ARTICLE 20, ANNUAL LEAVE
20.1 Conversion and Definition
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. Annual leave shall substitute for either vacation or sick leave.
20.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for employees.
20.3 Annual Leave Cash -Out
By December 15 of each year, unit members may make an irrevocable election to cash
out up to the maximum number of hours of annual leave which they can accrue per year
which will be earned in the following calendar year at the employee's base rate of pay. In
the following year, the employee can receive the cash for the annual leave they
irrevocably elected to cash out in either two (2) separate increments of up to half their
annual accrual cap (i.e., for those who accrue 20.67 hours per month - 248 hours per
year, 124 hours each) or one (1) increment of up the maximum they can accrue in a year.
The member would be paid one half of what they irrevocably elect to cash out hours on
both the second pay day in July and the first pay day on December or the employee can
elect to be paid their full amount they elected to cash out on the first pay day in December.
However, if the member's annual leave balance is less than the amount the employee
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elected to cash out (in the prior calendar year) the member will receive cash for the
amount of leave the member has accrued at the time of the cash out.
If a member makes an irrevocable election to cash out annual leave in the following
calendar year and uses annual leave in that subsequent year, the annual leave used will
come from annual leave the member had earned prior to January 1 of the year the
employee has elected to cash out annual leave. This is to ensure that assuming an
member had an annual leave balance prior to January 1, the annual leave used will not
result in a reduction in the amount of annual leave the member will be eligible to cash out.
In addition to the above, a member shall have the option of converting accrued and vested
annual leave to their deferred compensation account on both the second pay day in July
and the first pay day in December.
20.4 Cash Out of Annual Leave at Separation
Upon separation, an employee shall be paid for their accrued and vested annual leave at
their current salary rate as well as those pays set forth in Article 10 that an employee may
receive (i.e., Education, Notary and/or Bilingual Pay). The payment of the annual leave
shall be paid at the next regularly scheduled pay-day after separation.
All unpaid accrued and vested annual leave of deceased employees shall be paid to the
estate of said deceased except as otherwise provided by law.
20.5 Eligible To Use
Unit members shall be eligible to use annual leave as it is accrued.
20.6. Accrual Rates
Unit members shall accrue and vest annual leave on a monthly basis in accordance with
the following schedule:
Years of Service
Hours Accrued & Vested Monthly
0 through 5
16
6 through 10
18
11 and after
20.67
Annual leave shall begin to accrue on the first day of the month following employment
with the City.
20.7 Less than full-time employees
Less than full-time employees will accrue and vest annual leave on a pro -rated basis
based on their allocated full time equivalent.
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ARTICLE 21, HOLIDAYS
21.1 City Holidays
Employees shall be entitled to the following paid holidays if they were in paid status for
the entire day the day before and the day after the holiday, (i.e., either the employee
worked or was absent using paid leave for the entire day on such workdays):
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1st Monday in September
November 11
Fourth Thursday in November
Day After Fourth Thursday in November
December 24
December 25
In addition, as addressed in Section 21.4, employees earn one floating holiday per year.
21.2 Hours Earned For Each Holiday
Employees regularly scheduled to work ten (10) hours per day earn ten (10) hours for
each holiday.
Employees regularly scheduled to work eight (8) hours per day earn eight (8) hours for
each holiday. These employees will also accrue two (2) hours of Annual Leave (for a
total of twenty-four (24) hours per calendar year) for each holiday including when the
floating holiday is used.
21.3 How City Holidays Are Observed By Employees
Employees either work the "Observed Schedule" (full-time employees who work in the
same work group Monday through Thursday), or the "Calendar Schedule" (all other
employee schedules). The City shall determine whether an employee works either the
Observed or Calendar schedule.
21.3.1 Employees who work the Observed Schedule
If a holiday occurs on one of their workdays, they shall be entitled to the day off with pay
if they were in paid status for the entire day the day before and the day after the holiday,
(i.e., either the employee worked or was absent using paid leave for the entire day on
such workdays).
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For holidays occurring on a Friday or Saturday (i.e., years when July 4, Veterans' Day,
Christmas Eve, Christmas Day or New Year's Day fall on a Friday or Saturday and every
year for the day after Thanksgiving) they will not move to the prior open business day (e.g.,
the Thursday before or the Wednesday before Thanksgiving). Rather, for each one of
those days, employees (who would be off duty on the Friday or Saturday) will accrue a
floating holiday based on the following: 1.0 allocated FTE = 10 hours, .75 allocated FTE =
7.5 hours, .5 allocated FTE = 5.0 hours and any other allocated FTE percentage shall
accrue a pro-rata number of hours based on a factor of one hour for each .1 allocated FTE.
If July 4, Veterans' Day, Christmas Eve, Christmas Day or New Year's Day fall on a
Sunday, the holiday will be observed as a day off on the following Monday.
21.3.2 Employees who work the Calendar Schedule
For employees who work the Calendar Schedule, all holidays occur on the actual date of
the holiday and do not move to another date.
If these employees take the day off on a regular workday, they shall be paid for the day if
they were in paid status for the entire day the day before and the day after the holiday,
(i.e., either the employee worked or was absent using paid leave for the entire day on
such workdays).
If the holiday occurs on an off -day, these employees have the option of placing the holiday
into their floating holiday bank, Annual leave bank, or may choose to receive straight -time
pay for that holiday.
For employees who are required to work on a holiday occurring on a regular workday,
they shall receive their holiday pay as well as time and one half for each hour worked.
21.4 Floating Holidays
In addition to the above holidays, all employees shall receive on additional floating holiday
each year on January 1. Each employee shall accrue the number of hours to which they
are regularly assigned added to their floating holiday bank.
Employees can accrue up to 50 hours in the floating holiday bank. If an employee has 50
hours of floating holiday leave earned they will not earn additional floating holiday leave
until their bank is reduced below 50 hours. Floating holiday leave has no cash value and
cannot be cashed out. If it is not used, no further floating holiday will accrue until the
employee uses floating holiday leave, thus reducing their floating holiday leave bank
below 50 hours. If an employee uses floating holiday leave and takes their bank below 50
hours and then accrues a floating holiday that would put them above 50 hours if the entire
holiday accrued, they will accrue those number of hours in the bank to bring the bank up
to 50 hours. Employees must request to use the floating holiday just as they would
request to use Annual Leave. Approval of floating holiday leave shall not be unreasonably
withheld.
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ARTICLE 22, BEREAVEMENT LEAVE
Unit members shall be granted three (3) scheduled workdays in the event of a death in the
"immediate family" of an employee. Immediate family is defined as any relative by blood
or marriage who is a member of the employee's household, or any parent, grandparent,
stepparent, spouse, domestic partner, child, grandchild, sibling of the employee, or any
parent, grandparent or stepparent of the employee's spouse or domestic partner,
regardless of residence.
EMPLOYER / EMPLOYEE RELATIONS
ARTICLE 23, DRUG POLICY/DRUG SCREENING
The parties agree that their drug and alcohol policy is set forth in Appendix A to this MOU.
ARTICLE 24, LAYOFF
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at the same level of employee contribution that
was in effect upon the day of layoff. The City will pay one month's premium directly to
CaIPERS, and provide the employee with a check for the additional five (5) months'
premiums.
ARTICLE 25, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS's treasurer.
ARTICLE 26, MEETINGS
26.1
MAPS may conduct a Board of Directors meeting once each month during the workday,
not to exceed two (2) hours.
26.2
MAPS may conduct one (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
ARTICLE 27, ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave time (annual leave or
compensatory time off) to a MAPS Time Bank. The Time Bank shall contain a maximum
of forty (40) hours at any given time available to officers of MAPS to conduct Association
business. Requests for use of banked hours shall require a request from the President
of MAPS on MAPS letterhead authorizing use of Banked Time. The use of the banked
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time must first be approved by the employee's immediate supervisor and the City agrees
that the use of the time will not be unreasonably denied. In addition, MAPS will provide
a report to the Human Resources Department upon request (up to twice a year) of the
use of these hours in the previous year.
ARTICLE 28, STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
MAPS, its officers, agents, representatives and/or members agree that they will not cause
or condone any strike, walkout, slowdown, sick out, or any other job action by withholding
or refusing to perform services.
Any Unit member who participates in any prohibited conduct listed above shall be subject
to suspension, demotion, or dismissal by City. In addition to any other lawful remedies
or disciplinary actions available to City, if MAPS fails, in good faith, to perform all
responsibilities listed below as Association Responsibility, City may suspend any and all
rights and privileges accorded to MAPS in this MOU, including but not limited to
suspension of the Grievance Procedure and Dues Deduction.
28.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Unit members engage in
any Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must
immediately cease engaging in conduct prohibited in Section 29.1 and return to work.
ARTICLE 29, GRIEVANCE PROCEDURE
29.1 Definition of Grievance
A. A "Grievance" is a dispute of one or more employees or a dispute between one or
more employees involving the interpretation, application or enforcement of the
provisions of the MOU, or of the Personnel Rules and Regulations that are within
the statutory scope of representation, and for which there is no specific method of
review provided by federal, State or local law. A grievance may also be filed by the
Association.
B. A grievance is also a claim by a Unit member that a letter of reprimand was issued
to them was not properly issued.
C. Reviews of allocations or reallocations of positions as described in Personnel Rule
4.3.3 or reviews of examination ratings as described Personnel Rule 7.7 are
excluded from the grievance procedure. Allegations of harassment, discrimination
or retaliation are also excluded from the grievance procedure as they are
addressed by a separate procedure.
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D. Release of members during an initial probationary period after hire, reinstatement,
or reemployment is not subject to the grievance procedure.
29.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further
referred to as "days", are defined as the period from 8 a.m. to 6 p.m. City Hall working
days, currently Monday -Thursday, excluding holidays.
B. Initiation -A Unit member must initiate the grievance within fifteen (15) working days
of the occurrence of the event giving rise to the grievance or within fifteen (15) days
after the grievant should, with reasonable diligence, have had knowledge of such
occurrence, whichever is later.
C. Management Reply - Failure by management to reply to the member's grievance
within the time limits specified under the grievance procedure shall automatically
grant the employee the right to process the grievance to the next level of review.
D. Failure to Submit to Next Level - If a Unit member fails to submit from one level to
the next level within the time limits and in the manner provided under the grievance
procedure, the grievance shall not be subject to further consideration and will be
deemed resolved.
E. Waiver by Mutual Agreement - Any level of review or any time limits established in
the procedure may be waived or extended by mutual agreement between the Unit
member and management, which must be confirmed in writing.
F. Outside of Authority - If the supervisor, manager, or department head designated by
the grievance procedure below to receive the grievance determines that they do not
have the authority to resolve it, that supervisor, manager, or department head, shall
so inform the grievant and forward the grievance to the next higher level of
supervision with authority to resolve it, if applicable, or advise the grievant in writing
they may continue to the next level in the process.
29.3 Informal Resolution
A. The responsibility of a Unit member with grievance is to promptly inform and discuss
the grievance with the department supervisor or designee in order to, in good faith,
endeavor to resolve the matter expeditiously and informally. If the grievance is filed
by the Association, it does not need to follow the informal resolution process. It can
file a written grievance per Article 29.4 with a manager who works in the department
to which the grievance relates.
B. If such informal discussion does not resolve the grievance to the Unit member's
satisfaction, such member may file a formal grievance in accordance with the
procedure set forth in this section.
29.4 Procedure
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A. The Unit member shall provide the grievance in writing, with signature and date, and
submit it to their immediate supervisor within fifteen (15) days of the initial
commencement of the occurrence being grieved. The supervisor shall further
consider and discuss the grievance with the Unit member and such employee's
designated representative as deemed appropriate, and shall, within fifteen (15) days
of having received the written grievance, submit a response thereto in writing to the
employee and the member's representative, if applicable.
B. If the written response of the immediate supervisor does not result in a resolution of
the grievance, the Unit member may further submit the grievance, by presenting a
written request, with date and signature, to the Unit member's department head
within seven (7) days of the Unit member's receipt of the supervisor's response. The
department head may investigate the grievance and may set a meeting with the Unit
member, member's designated representative, and other persons as deemed
appropriate to consider the grievance. Within thirty (30) days of receipt of the
grievance by the department head, the department head shall submit a response to
the grievance to the Unit member and their representative, if applicable.
C. If the response by the department director, does not result in a resolution of the
grievance, the Unit member may further submit the grievance, by presenting a
written request, with date and signature to the Human Resources Director, for
submission to the City Manager, within seven (7) days of the unit member's receipt
of the department head's response. The City Manager or designated representative
may set a meeting with the Unit member, their designated representative, and other
persons as deemed appropriate, to consider the grievance. Within thirty (30) days
of receipt of the grievance the City Manager or designated representative shall
submit a response to the Unit member and their representative, if applicable. The
decision of the City Manager is final and binding.
D. This grievance procedure is the sole and exclusive method for alleging a violation,
misinterpretation or misapplication of any provision of this MOU or Personnel Rules.
ARTICLE 30, DISCIPLINE
The disciplinary appeals process is as follows:
Although probationary employees may be rejected from probation for any lawful reason,
once an employee passes their probationary period, they shall only be subjected to
discipline resulting in the loss of pay (defined as termination, demotion, suspension, or
reduction in pay) if the City can support its position by a preponderance of the evidence.
Such disciplinary action will be subject to the pre -action process described in paragraph
A below and the disciplinary appeal procedure in paragraph B below.
Written reprimands and counseling memos are not subject to the pre -action process and
may not be appealed. However, a member may submit a written response (within 30
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calendar days of receipt of the document) to receiving any of these documents. The
member's response shall be attached to the document in the member's personnel file.
A. Pre -Action Due Process for Discipline Resulting in Loss of Pay (Termination,
Demotion, Suspension, Reduction in Pay)
Prior to being subject to any discipline that results in the loss of pay, a member
will first be served with a notice of intent to discipline by their supervisor,
manager or department head. This document will set forth the grounds for
discipline, the facts supporting the grounds and all evidence to which the
member is entitled by law. The notice of intent to discipline will also advise the
member of any prior discipline which the City representative issuing the notice
believes is relevant to the current discipline. In addition, the notice of intent will
advise the member of their right to respond to the proposed discipline either in
writing or orally at a meeting. If the member does not respond within the time
limits, the discipline will be imposed.
2. If the member chooses to respond in writing, they must insure their response is
received by the representative who issued the notice of intent to discipline within
seven (7) calendar days of receiving the notice of intent to discipline. If the
member wishes to respond orally, they must call or write the City representative
who issued the notice of intent to discipline within seven (7) calendar days of
receiving the notice of intent to discipline informing the representative that they
wish to have an oral response. The City representative will advise the member
when the meeting (known as a Skelly meeting) will take place.
3. At the Skelly meeting (assuming the member wants to respond orally) the
member has the right to be represented. The Skelly meeting is not a hearing.
It is an opportunity for the member and/or their representative to respond to the
notice of intent to discipline. The member may be represented at the Skelly
meeting by a representative of their choice.
4. The City representative who will hear the response may or may not be the
person who issued the notice of intent to discipline. The decision will either be
to impose the proposed discipline, impose no discipline or to impose a lesser
discipline. The City representative hearing the response does not have
authority to impose discipline that is greater than that which was proposed.
5. If the discipline is imposed or if it is reduced but there is still some discipline
imposed, the City representative shall issue a notice of discipline. Like the
notice of intent, the notice of discipline shall set forth the grounds, and facts
supporting the discipline as well as any prior discipline relied on by the City
representative in imposing the discipline. The notice of discipline will also set
forth the member's appeal rights advising the member that if they wish to
appeal the discipline, they must do so in writing by serving a notice of appeal
to the Human Resources Director within seven (7) calendar days.
6. The Notice of Discipline will set forth the effective date of the discipline.
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B. Appeals Procedure
1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed
with the Director of Human Resources within ten (10) days of receipt of a
written notice of discipline, this process will be used which includes the use
of a hearing officer.
2. The City and the member or the member 's representative may agree on the
hearing officer. If they cannot agree, the hearing officer shall be chosen from
a panel of seven (7) hearing officers from a list provided State Mediation and
Conciliation Service. The parties shall alternately strike names until one
hearing officer remains. The parties shall flip a coin with the winner of the coin
flip getting to choose whether to strike the first name or the second name.
Names will be struck until the hearing officer is selected.
3. The hearing officer shall submit an advisory decision setting forth findings,
conclusions, and recommendations to the City Council.
C. Hearings
1. The hearing shall commence no more than ninety (90) calendar days from the
date the hearing officer is selected provided that the parties may agree to a
longer period to commence the hearing.
2. All disciplinary hearings shall be closed to the public unless the affected
employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted if it is
the sort of evidence on which reasonable persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of any common law
or statutory rule, which might make improper admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they
are now or hereafter may be recognized in civil and criminal actions, and
irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer
shall rule on the admission and exclusion of evidence.
4. Each party shall have these rights: to be represented by legal counsel or
other person of their choice; to call and examine witnesses; to introduce
evidence; to cross-examine opposing witnesses; to impeach any witness
regardless of which party first called the witness to testify; and to rebut the
evidence against them. If the employee appealing the discipline does not
testify on their own behalf, they may be called and examined as if under cross-
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examination. Oral evidence shall be taken only on oath or affirmation. A court
reporter will be engaged to record the hearing. The cost of the reporter will be
split between the City and the Association.
5. The hearing shall proceed in the following order, unless the hearing otherwise
directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the
opposing party shall have the right to cross-examine the witnesses on any
matter relevant to the issues, even though that matter was not covered on
direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only,
unless the hearing officer for good reason permits them to offer evidence
upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of
testimony and evidence. The hearing officer shall base findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
hearing officer, for good cause, otherwise directs. The hearing officer, prior
to or during a hearing, may grant a continuance for any reason believed to
be important to reaching a fair and proper decision.
f. The hearing officer may recommend sustaining, rejecting or modifying the
disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed
with the Director of Human Resources, who will forward them to the City
Manager who then forward to the City Council. The City Council, in its sole
discretion, may hear limited oral arguments and/or request written statements
from either party on the hearing officer's advisory decision. The City Council
shall inform the employee appealing the discipline of its decision regarding the
appeal within sixty (60) calendar days of the receipt of the hearing officer's
report. However, the City Council may extend the time to issue its decision
beyond the sixty (60) calendar day period if it believes it is necessary. The
decision of the City Council regarding the appeal shall be the final step in the
administrative appeal process. However, any disciplinary action is deemed
final as of the effective date. Copies of the City Council's decision, including the
hearing officer's report shall be filed where appropriate, including the member's
personnel file. The City Council's decision is subject to review by a superior
court pursuant to Code of Civil Procedure Section 1094.6.
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7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be
issued at the request of either party, not less than ten (10) calendar days prior
to the commencement of the hearing; after commencement, subpoenas shall
be issued only at the discretion of the hearing officer.
8. The time limits specified at any step in this procedure may be extended or
reduced by written agreement of the employee or representative and the
representative for the City.
9. Member or their representative and the representative for the City.
ARTICLE 31, WAIVER OF FURTHER BARGAINING
The terms agreed upon by the MOU shall take effect at the time specified herein upon
approval by Resolution of the City Council of the City of Palm Springs and shall remain in
full force and effect until midnight, June 30, 2023.
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APPENDIX A — DRUG AND ALCOHOL POLICY
The parties have a vital mutual interest in maintaining safe, healthful and efficient
working conditions. Being under the influence of a drug or alcohol on the job may pose
serious safety and health risks not only to the user but also to co-workers and the
citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or
of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on
duty or being compensated on standby.
MAPS, City, and Unit members recognize that their future is dependent on the physical and
psychological well-being of all employees. MAPS, City, and Unit members mutually
acknowledge that a drug and alcohol -free work environment benefits employees and
citizens and members agree to comply with this policy at such time as a mutually agreed
upon employee assistance program is in place.
The purpose of this Policy is to define the City's drug and alcohol policy as well as the
possible consequences of a policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
Section 2
When reasonable suspicion exists, the City may require a Unit member to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform the job safely is reduced.
Section 3
Any manager or supervisor requesting that a Unit member submit to a substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the
employee a copy. This report must advise the Unit member of the right to representation.
Such member shall be given an opportunity to provide additional facts. A Unit member who
is then ordered to submit to a substance abuse screening may request to be represented.
Because time is of the essence in drug screening, a representative must be available within
a reasonable time or the employee will then be ordered to submit to a substance screening.
Any employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
Section 4
The supervisor, or designee, shall transport the suspected Unit member to the testing
facility. Testing shall occur on City time and be paid for by the City. The facility used for
27
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
testing shall be certified by the National Institute of Drug Abuse and comply with established
guidelines for "chain of custody' to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing and storage process.
Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
Any Unit member who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if they so choose, a positive test result.
Section 6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly
marked that they may cause significant drowsiness or impair a Unit member's
performance. Such member shall notify the member's supervisor, before beginning work,
when taking such medications or drugs. In the event there is a question regarding such
member's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be required.
The City reserves the right to send such member home on Annual Leave under these
circumstances.
Section 7
Unit members with substance abuse problems are encouraged to participate voluntarily in
the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by a member with complete confidentiality and without adverse
consequences to employment. Unit members should be aware, however, that a request
for assistance through the EAP will not insulate such member from disciplinary action
already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete rehabilitation
and/or counseling program and other terms and conditions in a "Last Chance Agreement".
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APPENDIX B — MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS
Position
FLSA Exem tion
Account Technician, Senior
Exempt
Administrative
Accountant
Exempt
Professional
Accounting Manager
Exempt
Executive
Accounting Supervisor
Exempt
Executive
Administrative Assistant
Exempt
Administrative
Administrative Coordinator
Exempt
Administrative
Administrative Secretary
Exempt
Administrative
Airport Administration Manager
Exempt
Executive
Airport Operations Manager
Exempt
Executive
Airport Operations Supervisor
Exempt
Executive
Airport Security Coordinator
Exempt
Administrative
Aquatics Supervisor
Non -Exempt
N/A
Assistant Planner
Non -Exempt
N/A
Associate Planner
Non -Exempt
N/A
Audit & Revenue Supervisor
Exempt
Executive
Auditor
Exempt
Professional
Budget Analyst
Exempt
Administrative
Building Inspector Supervisor
Exempt
Executive
Central Business District Administrator
Exempt
Administrative
Chief Deputy City Clerk
Exempt
Executive
Civil Engineer, Associate
Exempt
Professional
Civil Engineer, Senior
Exempt
Professional
Code Compliance Supervisor
Non -Exempt
NA
Community Center Manager
Exempt
Executive
Community Development Administrator
Exempt
Administrative
Deputy City Clerk
Non -Exempt
N/A
Deputy Director of Aviation - Marketing
Exempt
Professional
Dispatcher Supervisor
Non -Exempt
N/A
Emergency Management Coordinator
Exempt
Administrative
Engineering Assistant
Non Exempt
N/A
Engineering Assistant, Senior
Exempt
Administrative
Engineering Associate
Exempt
Professional
Fire Marshal
Exempt
Executive
Fleet Maintenance Manager
Exempt
Executive
GIS Analyst
Exempt
Professional
Housing Services Administrator
Exempt
Administrative
Human Resources Specialist
Exempt
Administrative
Human Resources Specialist, Senior
Exempt
Administrative
Information Technology Analyst
Exempt
Computer
Information Technology Network Engineer
Exempt
Computer
Librarian
Exempt
Professional
Library & Public Services Manager
Exempt
Executive
Library Operations & Collections Manager
Exempt
Executive
Maintenance Superintendent
Exempt
Executive
Maintenance Supervisor
Exempt
Executive
Network Administrator
Exempt
Computer
Occupational Health & Safety Specialist
Exempt
Administrative
Payroll Coordinator
Exempt
Administrative
Police Services Supervisor
Non -Exempt
N/A
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
Principal Engineer
Exempt
Executive
Principal Planner
Exempt
Professional
Procurement & Contracting Manager
Exempt
Executive
Procurement Specialist I
Exempt
Administrative
Procurement Specialist II
Exempt
Administrative
Public Works Inspector, Senior
Non Exempt
N/A
Recreation Supervisor
Non -Exempt
N/A
Redevelopment Coordinator
Exempt
Administrative
Special Events Manager
Exempt
Administrative
Street Maintenance Manager
Exempt
Executive
30
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date:
By:
Leigh Gileno
MAPS President
By:
Mike DeCastro
MAPS Vice President
Date: D 7-1 t, y.17jozz-
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Approved to form:
By: _(�?
City Attorney
DocuSigned by:
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CITY OF PALM SPRINGS
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Council Approval:
APPROVED BY M
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31
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
TELECOMMUTING POLICY
PURPOSE
The purpose of the Telecommuting Policy is to allow City of Palm Springs ("City") employees to
work at an alternate worksite for a part of their regular workweek. Telecommuting can improve
productivity and job performance as well as promote administrative efficiencies (e.g. reducing office
and parking space), reduce traffic congestion and transportation costs, support continuity of
operations, and sustain the recruitment and retention of a highly qualified workforce by enhancing
work/life balance through commute reduction.
DEFINITIONS
Alternate Worksite - An approved location(s), other than the employee's regular workplace, where
official City business is performed. The default Alternate Worksite is the employee's home, unless
authorized by the employee's Department Director.
Regular Workplace - an employer's place of work where employees normally are located. Most
commonly this is a City facility.
Remote Work - a work arrangement where the employee enters into a formal agreement with the
City to perform their usual job duties in an alternate work location for a portion of the employee's
regular workweek.
Telecommuting - An employment arrangement in which the employee works at an Alternate
Worksite and utilizes a City issued computer/laptop, e-mail and/or cellphone to perform their work
functions.
Virtual Private Network — Any method of allowing remote connectivity to internal private systems
from external public networks, usually the internet via encryption software client or web portal
application. Examples would be Remote Desktop access and Banner access.
PROCEDURE
Position Eligibility Criteria
Telecommuting is not suitable for all employees and/or positions. The City Manager and each
Department Head has the discretion to determine the employees and positions who may
telecommute utilizing criteria that includes, but is not limited to:
1. The operational needs of the employee's department and the City;
2. The potential for disruption to the City's functions;
3. The ability of the employee to perform their specific job duties from a location separate from
their Regular Workplace without diminishing the quantity or quality of the work performed;
4. The degree of face-to-face interaction with other City employees and the public that the
employee's position requires;
5. The portability of the employee's work;
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6. The ability to create a functional, reliable, safe, and secure Alternate Worksite for the employee
at a reasonable cost;
7. The risk factors associated with performing the employee's job duties from a location separate
from their Regular Worksite;
8. The ability to measure the employee's work performance from a location separate from their
Regular Worksite;
9. The employee's supervisory responsibilities;
10. The employee's need for supervision;
11.Other considerations deemed necessary and appropriate by the employee's immediate
supervisor, manager, or department head.
Employee Eligibility Criteria
The ability to telecommute is a benefit. Employees must be able to satisfactorily perform their
duties and responsibilities on a day-to-day basis. Employees must demonstrate the ability to
perform independently, effectively manage their time, and produce the quality and quantity of work
required for their position.
To be approved for a telecommute assignment, the employee must be in good standing. The Human
Resources Director will verify employee eligibility based on the following criteria:
The Employee has successfully passed probation in their current classification;
2. The Employee has not received a substandard rating in any rating factor on their
last performance evaluation;
3. The Employee is not currently on a Performance Improvement Plan;
4. The Employee has not been disciplined in the preceding twelve (12) months; and
5. The promotion of an employee to a higher position will terminate any approved
telecommute assignment. The employee will be required to successfully pass probation in
order to be considered for a new telecommute assignment.
The transfer of an employee in the same position may terminate any approved telecommute
assignment, at the discretion of the new supervisor.
Telecommute Assignment
1. Any telecommute assignment is only valid with the approval of the employee's Department
Head and the Human Resources Director. The City may, in its discretion, decide to terminate
the Agreement at any time. If the City, in its discretion, modifies or terminates the Agreement,
the City shall provide at least fourteen (14) calendar days' notice to the employee before such
changes are put into effect.
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2. Employee acknowledges and agrees that approval of the Agreement is subject to the discretion
of their Department Head and the Human Resources Director. Telecommuting will be
approved on a case -by -case basis consistent with the eligibility criteria above.
3. A telecommute assignment shall be limited to a total number of hours equaling a maximum of
two workdays in a workweek. The employee must designate a regular telecommute schedule
("Work Schedule") which designates when work will be performed at the Regular Worksite
and at the Alternate Worksite.
4. Work schedule arrangements shall be in compliance with the employee's MOU. In the event
of a conflict between this policy and the MOU, the MOU shall take precedence. Non-exempt
employees who receive overtime shall be assigned a work schedule in the Agreement,
including rest and meal breaks. Any deviation from the Work Schedule must be approved in
advance, in writing, by the employee's immediate supervisor. Non-exempt employees may
take rest breaks and must take meal breaks while telecommuting, just as they would if they
were reporting to work at their Regular Worksite. Non-exempt employees may not
telecommute outside their normal work hours without prior written authorization from their
supervisor.
Telecommuting employees are required to be accessible in the same manner as if they are
working at their Regular Worksite during the established telecommuting Work Schedule,
regardless of the designated location for telecommuting. Employees must be accessible via
telephone, email, and/or network access to their supervisor and other City employees while
telecommuting, as if working at their City worksite. Employees shall check their City -related
business phone messages and emails on a consistent basis, as if working at their Regular
Worksite.
6. Employees shall work on a full-time basis, according to the employee's MOU. Employees
are required to maintain an accurate record of all hours worked at the Alternate Worksite in
the same manner as work performed at the Regular Worksite. Employees shall record all non-
productive work time on their timesheet.
7. While telecommuting, employees shall adhere to the following
a. Have the Alternate Worksite be quiet and free of distractions, with reliable and
secure internet and/or wireless access.
b. Employees shall ensure dependent care will not interfere with work responsibilities.
c. Employees must notify their supervisor promptly if they will leave the Alternate
Worksite to conduct business on behalf of City.
d. Employees must notify their supervisor promptly when unable to perform work
assignments because of equipment failure or other unforeseen circumstances.
e. If the City has provided City -owned equipment, employees agree to follow the City
Policy for the use of such equipment. Employees will report to their supervisor any
loss, damage, or unauthorized access to City -owned equipment, immediately upon
discovery of such loss, damage, or unauthorized access.
General Duties, Obligations and Responsibilities
Employees must adhere to the provisions set forth in this Policy and the terms of the
Telecommuting Agreement. Any deviation from the Agreement requires prior written approval
from the City.
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
1. All existing duties, obligations, responsibilities and conditions of employment remain
unchanged. Telecommuting employees are expected to abide by all City and departmental
policies and procedures, rules and regulations, applicable Memoranda of Understanding,
and
2. Employees authorized to perform work at an Alternate Worksite must meet the same
standards of performance and professionalism expected of City employees in terms of job
responsibilities, work product, timeliness of assignments, and contact with other City
employees and the public.
3. If approved, employees will be provided with City -issued equipment and must be used for
exclusively while telecommuting.
4. The City shall not be responsible for costs associated with the use of computer and/or cellular
equipment, including energy, data or maintenance costs, network costs, home maintenance,
home workspace furniture, elective ergonomic equipment, liability for third party claims, or
any other incidental costs (e.g., utilities associated with the employee's telecommuting).
5. Employees may receive virtual private network C VPN") access, as approved by their
Department Head and/or Human Resources Director and Information Technology
Management.
6. Employees shall continue to abide by practices, policies and procedures for requests of
sick, vacation and other leaves of absences in accordance with the employee's MOU.
Requests to work overtime, declare vacation or take other time off from work must be pre -
approved in writing by the employee's supervisor. If an employee becomes ill while
working under a Telecommuting Agreement, the employee shall notify their supervisor
immediately and record on the timesheet any hours not worked due to incapacitation.
7. Employees must take reasonable precautions to ensure their devices (e.g., computers,
laptops, tablets, smart phones, etc.) are secure before connecting remotely to the City's
network and must close or secure all connections to City desktop or system resources (e.g.,
remote desktop, VPN connections, etc.) when not conducting work for the City.
8. Employees shall contact the City Helpdesk for any technical support when working at the
Alternate Worksite. Employees shall not use third party technical support on City
equipment.
9. Employees shall exercise the same precautions to safeguard electronic and paper
information, protect confidentiality, and adhere to the City's records retention policies,
especially as it pertains to the Public Records Act and Health Insurance Portability and
Accountability Act (HIPAA). Employees must safeguard all sensitive and confidential
information (both on paper and in electronic form) relating to City work they access from the
Alternate Worksite or transport from their City worksite to the Alternate Worksite.
Employees must also take reasonable precautions to prevent third parties from accessing or
handling sensitive and confidential information they access from the Alternate Worksite or
transport from their City worksite to the Alternate Worksite. Employees must return all
correspondence to the City at the termination of the Telecommuting Agreement or upon
request by their supervisor, Department Head or Human Resources.
10. Employees' salary and benefits remain unchanged. Workers' Compensation benefits will
apply only to injuries arising out of and in the course of employment as defined by
Workers' Compensation law. Employees must report any such work -related injuries to
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
their supervisor immediately. The City shall not be responsible for injuries or property
damage unrelated to such work activities, including injuries to third persons when said
injuries occur at the Alternate Worksite.
11. All of Employees' existing supervisory relationships, lines of authority and supervisory
practices remain in effect.
12. Any breach of the telecommuting agreement by the employee may result in termination of
the Agreement and/or disciplinary action, up to and including termination of employment.
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
CITY OF PALM SPRINGS
TELECOMMUTING AGREEMENT
The Telecommuting Agreement is recommended for the employee listed below:
I Last Name I First Name/Middle Initial I Oraanization #
Employee Acknowledgement:
I, the undersigned employee ("Employee"), have read the Telecommuting Policy in its entirety and I agree to
abide by the terms and conditions it contains. I understand and agree that the Telecommuting Agreement
("Agreement") is contingent upon Department Head and Human Resources Director approval.
I understand and agree that the Agreement is voluntary and may be terminated at any time. I further understand
that the City may, at any time, change any or all of the conditions under which approval to participate in the
Agreement is granted, with at least fourteen (14) calendar days' notice.
I agree to exercise the same precautions to safeguard electronic and paper information, protect confidentiality,
and adhere to the City's records retention policies, especially as it pertains to the Public Records Act and HIPAA.
I agree to and understand my duties, obligations and responsibilities. I also understand it is my responsibility to
provide adequate advance notification to my supervisor if I am unable to keep any of the agreed upon
commitments and/or deliverables. If I fail to do so, I understand this Agreement may be terminated.
Employee's current schedule ("Work Schedule") type (5/40, 9/80, 4/10):
Day
Mo inq
Lunch
Afternoon
Total Hours
Start
End
Start
End
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Continue on next page
DocuSign Envelope ID: 8FD6F1EC-8651-46CD-B856-47849C511711
Approved Alternate Worksite(s)
Address(es) of Alternate Worksite
Phone Number(s)
The employee's designated telecommute days/hours are as follows:
0 Monday 0 Tuesday 0 Wednesday 0 Thursday 0 Friday
The Employee agrees to report work -related injuries to the Employee's supervisor at the earliest
reasonable opportunity. The Employee agrees to hold the City harmless for injury to third parties at the
Alternate Worksite.
I hereby affirm by my signature that I have read this Agreement, and understand and agree to all of its provisions.
Employee Signature DATE
Employee Print Name
Approval of Human Resources Director DATE
Approval of Department Head DATE
DISTRIBUTION: Employee/ Personnel File/ IT —
MANAGEMENT
ASSOCIATION OF PALM
SPRINGS (MAPS)
MEMORANDUM OF
UNDERSTANDING
JULY 19 2018 - JUNE 309 2021
Management Association of Palm Springs (MAPS)
Memorandum of Understanding
July 1, 2018 -June 30, 2021
GENERALPROVISIONS................................................................................................1
ARTICLE1, TERM..........................................................................................................1
ARTICLE2, RECOGNITION...........................................................................................1
ARTICLE3, PRACTICES................................................................................................1
ARTICLE 4, FEDERAL AND STATE LAWS.....................................................................2
ARTICLE 5, MAINTENANCE OF BENEFITS...................................................................2
COMPENSATION / OTHER PAY..................................................................................3
ARTICLE6, SALARIES...................................................................................................3
ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY......................................................3
ARTICLE 8, OVERTIME AND STANDBY PAY................................................................3
ARTICLE 9, ACTING OUT OF CLASSIFICATION...........................................................4
ARTICLE 10, SPECIAL COMPENSATION......................................................................4
ARTICLE 11, UNIFORM ALLOWANCE...........................................................................5
ARTICLE12, MILEAGE...................................................................................................5
BENEFITS......................................................................................................................6
ARTICLE 13, HEALTH INSURANCE...............................................................................6
ARTICLE 14, HEALTH INSURANCE FOR RETIREES....................................................8
ARTICLE 15, RETIREMENT...........................................................................................9
ARTICLE 16, EDUCATION REIMBURSEMENT............................................................11
ARTICLE 17, EMPLOYEE SERVICE AWARDS............................................................11
ARTICLE 18, CELL PHONES........................................................................................11
WORKHOURS / LEAVE...............................................................................................12
ARTICLE 19, WORK SCHEDULE.................................................................................12
ARTICLE 20, ANNUAL LEAVE......................................................................................12
ARTICLE 21, FLOATING HOLIDAYS............................................................................13
ARTICLE 22, BEREAVEMENT LEAVE..........................................................................14
ARTICLE 23, DISPOSITION OF LEAVE AND PAY UPON SEPARATION .....................14
EMPLOYER / EMPLOYEE REALATIONS....................................................................15
ARTICLE 24, DRUG POLICY/DRUG SCREENING.......................................................15
ARTICLE 25, REDUCTION IN FORCE..........................................................................15
ARTICLE 26, PAYROLL DEDUCTION -ASSOCIATION MEMBERSHIP .......................15
ARTICLE27, MEETINGS..............................................................................................15
ARTICLE 28, ASSOCIATION TIME BANK.....................................................................15
ARTICLE 29, STRIKES AND WORK STOPPAGES.......................................................15
ARTICLE 30, GRIEVANCE PROCEDURE....................................................................16
ARTICLE 31, DISCIPLINARY APPEALS PROCESS.....................................................18
ARTICLE 32, WAIVER OF FURTHER BARGAINING....................................................20
APPENDIX A - DRUG AND ALCOHOL POLICY...........................................................21
APPENDIX B - MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS.............23
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2018 — JUNE 30, 2021
GENERAL PROVISIONS
ARTICLE 1, TERM
MAPS AND MERR agrees as follows:
A. This MOU shall be for the period commencing July 1, 2018, and terminating at
midnight, June 30, 2021.
ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Management Association of Palm Springs (hereinafter referred to as "MAPS")
is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit ("Unit") as defined
in Section 8.1.6 of the Employer -Employee Relations Resolution, Resolution 16438,
as amended by Resolution 17793.
B. MAPS and the Municipal Employee Relations Representative (hereinafter referred
to as the "MERR") have met and conferred in good faith on wages, hours and other
terms and conditions of employment for the employees represented by MAPS in the
aforesaid group and have reached agreements which are set forth in this
Memorandum of Understanding (hereinafter referred to as the "MOU").
ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer -employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. Therefore, it is agreed by
the parties hereto that all such ordinances, resolutions and policies, including, but not
limited to, Sections 4, 5, 6, 7 and 13 of the Employer -Employee Relations Resolution 16438
are hereby incorporated by this reference and made a part hereof as though set forth in
full, and except as provided herein shall remain in full force and effect during the term
hereof. City and Unit members shall continue to have the rights and prerogatives as set
forth in Sections 4, 5, 6, 7 and 13 of Resolution 16438, and nothing in this MOU shall be
deemed in any manner to abridge, restrict or modify the same except as limited by the
Strikes and Work stoppages section of this MOU.
ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Unit as represented by MAPS shall not be deemed affected by this
MOU, except as specifically modified by provisions hereof or by actions taken in
implementation hereof.
E
COMPENSATION / OTHER PAY
ARTICLE 6, SALARIES
Effective in the pay period beginning October 7, 2018, members of the Unit shall receive
a two and fifty-three one hundredths percent (2.53%) salary increase.
Effective the pay period which includes July 1, 2019, members of the Unit shall receive a
two percent and one half (2.5%) salary increase.
Effective the pay period which includes July 1, 2020, members of the Unit shall receive a
two and one half percent (2.5%) salary increase.
For each classification represented by the Association, there is one range on the salary
schedule.
Employees who promote into the unit will be placed at a step on the salary schedule at
least five percent (5%) above (unless five percent (5%) would cause the employee's
salary range to be above top step for the classification hired into) the step from which they
were at in their prior job classification with the City.
Employees who are promoted within the unit will be placed at the lowest step in their new
classification which will ensure that they receive at least a five percent (5%) increase from
their current salary.
ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.3 is modified to the extent that MAPS unit members shall be eligible
for a one step (five percent 5%) increase if they have at least a "meets expectation" or
higher service rating.
ARTICLE 8, OVERTIME AND STANDBY PAY
8.1
The bargaining unit is made up of employees who are both exempt and non-exempt from
overtime per the Fair Labor Standards Act (FLSA). The parties agree that each of the
classifications represented by the Association along with their designation as either exempt
or non-exempt is set forth in Appendix B to this MOU. For purposes of this MOU, overtime
or compensatory time off provided to employees (as provided in the paragraph below) who
occupy classifications designated as exempt will be provided to employees pursuant to this
MOU, not because these employees are entitled to overtime per the FLSA. Non-exempt
employees are entitled to overtime or compensatory time off as, provided below in
accordance with the FLSA.
The City agrees that if a Unit member is asked to work more than 40 hours in a week, such
member will be eligible to receive overtime or compensatory time off, either MOU
overtime/compensatory time off for exempt employees or FLSA overtime/compensatory
time off for non-exempt employees. If the employee accrues compensatory time off, all
3
requests to use that time will be honored if the employee provides reasonable notice. The
maximum compensatory time off accumulation is one hundred (100) hours.
Unit members shall be required to log time in and time out. Unit employees may be allowed
to flex hours within a work week, if approved in advance by the Department Head.
8.2 Standby Pay
Employees shall be paid for two (2) hours per day for standby pay at the employee's
regular hourly rate and not subject to overtime premium. Department Heads, Managers
and Supervisors placing unit members on standby are encouraged to provide Unit
members with advanced notice (when possible) of placement on standby.
ARTICLE 9, ACTING OUT OF CLASSIFICATION
9.1 Emplovees Who Are Assigned to Another Classification On An Actina Basis
On the second (2) consecutive day that a Unit member is assigned to an acting assignment
such member shall be entitled to additional compensation equal to the lowest step on the
range of the higher classification which will provide an increase in pay of 5%, but not to
exceed the top step of the classification for which such member is performing acting out of
class duties ("acting pay"). Such acting pay shall be prospective only, commencing the
second (2) consecutive day the member is acting out of class and continuing thereafter
until such member ceases performing acting out of class duties.
9.2 Employees Who Are Not Assigned to Another Classification, But Who Are
Required To Perform Duties Not Covered By Their Classification
On the second (2) consecutive day that a Unit member is required to perform the majority
of the duties of a higher classification ("acting out of class") such member shall be entitled
to additional compensation equal to the lowest step on the range of the higher classification
which will provide an increase in pay of 5%, but not to exceed the top step of the
classification for which such member is performing acting out of class duties ("acting pay").
Such acting pay shall be prospective only, commencing the second (2) consecutive day the
member is performing the majority of the duties of the higher classification and continuing
thereafter until such member ceases performing those duties.
ARTICLE 10, SPECIAL COMPENSATION
Per this article, unit members may only receive one of the following certification premiums
(set forth in Articles 10.1 — 10.3) of five percent (5.0%): Master's Degree, professional
certification, notary certification or bilingual certification.
10.1 Education Incentive Pay
Unit members will be eligible to receive an additional 5.0% of their base salary for a Master's
Degree from a college or university accredited by either the Council for Higher Education
Accreditation ("CHEA") or the U.S. Department of Education ("USDE"), or for maintaining a
professional certification related to their job that require Continuing Education Hours or
require testing or coursework to be recertified. Any employees who, have previously
4
received certification pay from the City for certifications which do not require Continuing
Education Hours or require testing or coursework to be recertified, will continue to receive
that pay. However, effective July 1, 2014 certification pay for professional certifications will
only be provided to employees who maintain certifications related to their job which require
Continuing Education Hours or require testing or coursework to be recertified. Each
Department must approve the certification pay and determine if it is a certification necessary
for the department.
10.2 Notary Pay
Unit members designated by the City Manager may be eligible to receive an additional
5.0% Notary Certification Pay for being a licensed Notary Public. Designations for "Notary
Certification Pay" for Unit members shall be entirely at the City Manager's discretion.
Employees hired after City Council approval of this MOU, will receive one hundred dollars
($100) per month for Notary Certification Pay.
10.3 Bilingual Pay
Unit members may be eligible to receive an additional 5% in compensation for their
provision of bilingual services. The City Manager shall determine the language needs as
well as the number of employees eligible for such premium pay. In order to be eligible for
such premium pay, an employee must pass an examination demonstrating fluency in
reading, writing and speaking the desired second language.
Employees hired after City Council approval of this MOU who become eligible for bilingual
pay shall receive two hundred and fifty dollars ($250) per month for Bilingual Pay.
For any employees in the bargaining unit who receive bilingual pay, they must sign up to
be present at and prepared to use their bilingual skills at one City Council meeting per year.
On the day of the Council meeting for which the employee signs up, they shall adjust their
work schedule that day by starting four hours later than their regular start time so that they
can be present at the Council meeting to utilize their bilingual skills.
ARTICLE 11, UNIFORM ALLOWANCE
City agrees to continue to pay a monthly uniform allowance of one hundred twenty-five
dollars ($125.00) to the Emergency Services Coordinator as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms.
Each fiscal year the City will provide four (4) shirts, four (4) pants and a jacket for
Operations Supervisors who work at the Palm Springs Airport, The City will provide thirty
dollars ($30.00) per month as reimbursement for cleaning uniforms for the Airport
Operations Supervisors.
ARTICLE 12, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
P
BENEFITS
ARTICLE 13, HEALTH INSURANCE
13.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees' Retirement
Health Care Plan pursuant to the Public Employees' Hospital and Medical Care Act
(PEHMCA), Government Code Sections 22751 et seq., for the provision of health insurance
for members of the unit. The health insurance benefit provided through PEHMCA shall be
part of a cafeteria plan in accordance with IRS Code section 125 ("the Plan") which also
includes:
A. Dental Insurance as addressed below in Section 13.3; and
B. Vision Insurance as addressed below in Section 13.5
The City will pay the CaIPERS statutory minimum to comply with the Public Employees'
Hospital and Medical Care Act on behalf of all employees and retirees ($133 for 2018, and
a yet undetermined amount for beyond 2018. In addition, the maximum City contribution
to the Plan (i.e., health, dental and vision insurance) shall be determined annually based
on the formula that has been used by City which is inclusive of the PERS statutory
minimum. The formula involves taking the rate increase for each benefit as listed above,
and combining them to develop a single rate increase to the maximum contribution to the
categories listed below (i.e., single, two-party, and family).
The current cafeteria plan rates effective January 1, 2018, are:
"yn�,C`v
Category
FIEy C^
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t
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..�.2�,'�r+ .p, �r� ��.w��'1—'".�v�: �sv�
Unit Member Only
$745/month
Unit Member+ 1
$1,461/month
Family
$2,011 /month
The cafeteria plan rates effective January 1, 2019, are:
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ry,� ��� �
�,.��-� �J.�'MG•��'Y`m�tam�Co i`nb[�o �s
yf����k� �� ..�.g`$ ,�
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.. ..� • -. z.:_ ..[ ,ti..J::� .i -� ?w.:. ..... .' a�u<. [�`.• - m a3�.S4 �.G��
..... c`6..:�'�_ .¢. .E.�.- Lt_<-ems-" s$ .....5-:
Unit Member Only
$745/month
Unit Member + 1
$1,504/month
Family
$2,011 /month
Since the actual amounts above also include the PERS statutory minimum, the actual
amounts provided to employees through the cafeteria plan are the above amounts minus
the PERS statutory minimum for each applicable calendar year.
In the event that the premium changes for health, dental and vision insurance (i.e., the Plan
benefits) exceed the City's maximum rate of contribution by five percent (5%), the amount
of the excess shall be paid by unit members through a payroll deduction.
p
The maximum City monthly contribution for the Plan shall be determined by the medical
plan selected (i.e., single, two-party, or family). Should an employee decline medical
coverage, but elect either dental or vision coverage, there will be no Plan excess paid. The
City will, however, pay the premiums for the dental and/or vision coverage/s selected.
In the event a Unit member selects a Plan (per 13.1) which does not require City to make
a maximum contribution, then such unit member shall receive the remainder of the City
contribution (up to the maximum of $150.00 per pay period). In no event shall a positive
balance exceed $150.00 per pay period (24 pay periods per year).
13.2 Medical Insurance Withdrawal
Except as provided below, Unit members who elect to purchase health insurance
independent of the Plan, may withdraw from or decline to participate in the Plan by
executing, in writing, an election to withdraw from, a declination to participate in, and/or
a waiver of benefits (as appropriate) on such form as may be required by City. For
medical coverage, if an employee elects to opt out of coverage offered by the City, they
must provide proof of "minimum essential coverage" (as defined by the Affordable Care
Act) through another source (other than coverage in the individual market, whether or
not obtained through Covered California).
Unit members who elect not to participate in the Plan beyond the City minimum
monthly contribution will be reimbursed the sum of $150.00 per pay period (24 pay
periods per year).
13.3 Dental Benefits
City agrees to continue dental benefits at level(s) existing under the current Plans.
Although it is possible that the carriers could change, the levels of benefits through new
carriers will be equivalent.
13.4 Life Insurance
Members of the unit will receive $50,000.00 term life insurance coverage and $50,000
accidental death and dismemberment (AD&D) coverage.
13.5 Vision Benefits
City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this
MOU is executed. Although it is possible that the carriers could change, the levels of
benefits through new carriers will be equivalent.
13.6 Domestic Partner Coverage
Domestic partners may register with the Secretary of State and be eligible to enroll in a
CalPERS health plan. The law requires the following actions for a domestic partner to be
enrolled in a CalPERS health benefits plan: First, the Secretary must register the domestic
partnership, and provide a Declaration of Domestic Partnership to the domestic partners.
Specified same -sex domestic partnerships (between persons who are both at least 18
years of age), and specified opposite sex domestic partnerships (when one person is over
the age of 62), are eligible to register with the secretary.
7
The CalPERS enrollee must provide a copy of the Declaration of Domestic Partnership and
a signed Statement of Financial Liability (PERS form) to City. CaIPERS will use the same
enrollment policies for domestic partnerships as currently used for traditional marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document. Domestic
partner enrollments after the 60 days may be enrolled during the plans next open
enrollment period.
13.7 Short Term Disability
Unit members are required to enroll in the short-term disability insurance plan and pay for
the benefit by making premium payments through a payroll deduction.
13.8 Long Term Disability
Long Term Disability shall continue to be provided by the City at the benefit level(s) existing
as of the date this MOU is executed. Although it is possible that the carriers could change,
the levels of benefits through new carriers will be equivalent.
ARTICLE 14, HEALTH INSURANCE FOR RETIREES
As long as they qualify for coverage with CaIPERS, members of the Unit shall be permitted
to participate in the City -provided group health plans after retirement as a retiree. For those
retirees, the City will only contribute the mandatory minimum monthly premium (i.e., the
statutory minimum) as may be required by CaIPERS for the particular calendar year.
A. Tier I - Effective 7/1/1999:
In service employees hired (or received a written offer of employment) prior to
September 7, 2005 shall receive health insurance for retirees as follows:
1. After 20 years of continuous service, for an employee who attains age fifty
(50) and retires from active service as a Palm Springs employee, the City will
contribute an amount of money which shall be called a "retiree health stipend"
in the amount of 75% of the CalPERS premium (minus the PERS statutory
minimum which the City is already contributing on behalf of the retiree to
comply with PEHMCA) to reimburse the retiree for health insurance coverage.
If an employee chooses a more costly health plan prior to retirement, they must
have chosen the plan at least one year prior to retirement or the health plan
used for determining the maximum benefit under the HRA will be the plan
previously chosen.
2. After 25 years of continuous service, for an employee who attains age fifty
(50) and retires from active service as a Palm Springs employee, the City will
contribute an amount of money which shall be called a "retiree health stipend"
in the amount of 100% of the CaIPERS premium (minus the PERS statutory
minimum which the City is already contributing on behalf of the retiree to
comply with PEHMCA to reimburse the retiree for health insurance coverage.
8
The retiree health stipend as described above will be based on the coverage
type (and limited to single, or two-party) in effect at the time of retirement.
If an employee chooses a more costly health plan prior to retirement, they must
have chosen the plan at least one year prior to retirement or the health plan used
for determining the maximum benefit under the HRA will be the plan previously
chosen.
In the event of the employee's death, the City's obligation to continue making health
care contributions will end. The surviving spouse/domestic partner may remain on the
plan as a retiree without a City contribution to the premium.
3. Service Credit for Health Insurance For Retirees in Tier 1
Employees in Tier 1 shall be eligible for two years of service credit for the
purpose of being eligible for retiree health insurance (e.g., an employee with
18 years of continuous service will be eligible for the benefits available to those
with 20 years of continuous service) if in the month of June (starting in 2019)
the employee makes an irrevocable offer to retire (which will be immediately
accepted by the City) by no earlier than ninety (90) days from the date of notice
or later than December 31 of that same calendar year.
B. Tier II — Effective 917/2005:
For all employees initially hired by the City after September 7, 2005, there will be no City
contribution for retiree health benefits (other than the annual CalPERS statutory minimum
amount. The City will, for these employees, make a $50.00 per month (this amount is
increased to $100 effective at the beginning of the pay period following City Council
approval of this MOU) contribution to an employee Retiree Health Savings Plan and the
associated fixed dollar cost of administration. This contribution is for active employees
and shall cease when the employee leaves City employment.
All retirees (tier I and II) will be required to comply with any of the requirements of
CaIPERS as provided by PEMHCA. This may include, but not be limited to, enrolling in
Medicare when age appropriate and becoming eligible to receive Medicare. The City
will not pay for the cost of Medicare enrollment as it will continue to pay the CaIPERS
statutory minimum for all retired annuitants.
ARTICLE 15, RETIREMENT
15.1 Retirement Formula
Unit members (and not "new members as defined by the Public Employees' Pension
Reform Act of 2013 - PEPRA) hired prior to December 24, 2012 are covered by the 2.7%
@ 55 formula provided for by the Public Employees' Retirement Law at Government Code
section 21354.5. These employees' retirement will be calculated pursuant to the optional
benefit (in the City's contract with CalPERS) of single highest twelve month period.
Unit members (and not "new members as defined by the Public Employees' Pension
Reform Act of 2013 - PEPRA) hired after December 24, 2012 are covered by the 2% @
60 formula provided for by the Public Employees' Retirement Law at Government Code
9
section 21353.3. These employees' retirement will be calculated per the three year
average final compensation per Government Code 20037.
Unit members who are defined as "new members" under the PEPRA, are covered by the
2% @ 62 formula provided for by the PEPRA at Government Code section 7522.20(a).
These employees' retirement will be calculated per the three year average final
compensation as provided for by the PEPRA per Government Code section 7522.32(a).
15.2 Employee Contributions to the Retirement System
Employees subject to the 2.7%(Qi55 Formula:
Employees in the Unit shall pay their eight percent (8%) member contribution.
Employees subject to the 2% 0), 60 Formula:
These employees pay the seven percent (7%) member contribution.
Employees subject to the 2% [cr) 62 Formula — "New Members" as defined by PEPRA:
These employees shall pay the statutorily mandated employee contribution rate of one
half of the total normal cost.
15.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CaIPERS resolution in accordance with and as permitted by
IRS Code section 414(h)(2) to ensure that the employees' payment (i.e., "pick up" as that
term is used in section 414(h)(2)) of their employee contribution is made on a pre-tax
basis.
15.4 Optional Benefits
A. The City contracts with CalPERS for the following optional benefits:
B. Pre -retirement death benefits to continue after remarriage of survivor— Government
Code section 21551
C. Death Benefit — Government Code section 21620
D. Post Retirement Survivor Allowance — Government Code sections 21624/26/28 and
21635
E. 1959 Survivor Benefit Level 4— Government Code section 21574
F. Military Reallocation Credit - Government Code section 21024
G. Final Compensation Period One Year -Government Code section 20042 for classic
members
H. 2% Cost of Living Allowance - Government Code section 21329
10
I. Prior Service - Government Code section 20055
ARTICLE 16, EDUCATION REIMBURSEMENT
No Unit member shall receive more than $1,500/fiscal year through the Educational
Reimbursement Program. The details of the Program are set forth in Personnel Rule 18.2.
ARTICLE 17, EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members.
ARTICLE 18, CELL PHONES
A. The decision as to which employees in MAPS need to have/use a cell phone for
work shall remain within the discretion of the City Manager.
B. Effective in the pay period following City Council approval of this MOU employees
in MAPS who either currently have a City issued cell phone or who are identified
in the future as needing to use a cell phone for their job will receive a City -issued
cell phone.
C. The City retains the discretion to remove the cell phone at any time if it determines
the employee does not need to use a cell phone for the position.
it
WORK HOURS / LEAVE
ARTICLE 19, WORK SCHEDULE
All employees in the bargaining unit shall be assigned to work a 4/10 work schedule; four
consecutive work days followed by three consecutive days off. A Unit member may
request to work a four day — nine hour work schedule (4/9). Such a request is subject to
Department Head approval and once granted, may be revoked at any time. A decision
to deny a request for such a work schedule is not subject to challenge or grievance. The
Department Head has total discretion as to whether to grant a request for such work
schedule and whether the schedule should continue. The parties agree that City Hall will
remain closed on Fridays.
ARTICLE 20, ANNUAL LEAVE
20.1 Conversion and Definition
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. Annual leave shall substitute for either annual leave or sick leave as covered
under Personnel Rule 6 as amended herein.
20.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for MAPS members.
20.3 Annual Leave Cash -in
Until December 31, 2018, unit employees shall have the option of converting accrued and
vested annual leave into cash, without limitation (other than as provided below). Such
cash -ins of annual leave shall be permitted twice a year on the last payday of July and the
first payday of December. Such conversion may be for any amount of accrued and vested
annual leave hours.
Effective for calendar year 2019 and every year thereafter: By December 15 (the first year
being 2018) of each year, employees may make an irrevocable election to cash out up to
the maximum number of hours of annual leave which they can accrue per year which will
be earned in the following calendar year at the employee's base rate of pay. In the following
year, the employee can receive the cash for the annual leave they irrevocably elected to
cash out in either two (2) separate increments of up to half their annual accrual cap (i.e.,
for those who accrue 20.67 hours per month - 248 hours per year, 124 hours each) or one
(1) increment of up the maximum they can accrue in a year.
The employee would be paid one half of what they irrevocably elect to cash out hours on
both the second pay day in July and the first pay day on December or the employee can
elect to be paid their full amount they elected to cash out on the first pay day in December.
However, if the employee's annual leave balance is less than the amount the employee
elected to cash out (in the prior calendar year) the employee will receive cash for the
amount of leave the employee has accrued at the time of the cash out.
12
If an employee makes an irrevocable election to cash out annual leave in the following
calendar year and uses annual leave in that subsequent year, the annual leave used will
come from annual leave the employee had earned prior to January 1 of the year the
employee has elected to cash out annual leave. This is to ensure that assuming an employee
had an annual leave balance prior to January 1, the annual leave used will not result in a
reduction in the amount of annual leave the employee will be eligible to cash out.
In addition to the above, an employee shall have the option of converting accrued and vested
annual leave to their deferred compensation account on both the second pay day in July and
the first pay day on December.
20.4 Eligible To Use
Unit members shall be eligible to use annual leave as it is accrued.
20.5. Accrual Rates
Professional and Management Unit shall accrue and vest annual leave on a monthly basis
in accordance with the following schedule:
d^'� 1d4� ?+•4' 7ffiND6'`"3+.>
'i•'.."CR Y C
Years P O`tY'"` 3 tc�
Y t1°�"'! 'fi'"' F'^ �¢,j /•'1b"i' ,.+'`i` 'M y. "�"� /Gi
�n ,OVI
orIv
.>ra01.2;z5
0 through 5
16
6 through 10
18
11 and after
20.67
Annual leave shall begin to accrue on the first day of the month following employment
with the City.
20.6 Less than full-time employees
Less than full-time employees will accrue and vest annual leave on a pro -rated basis
based on their allocated full time equivalent.
ARTICLE 21, FLOATING HOLIDAYS
The parties agree to modify personnel rule 6.4.2 as applicable to this Unit which provides
the holiday schedule for general employees by deleting Lincoln's Birthday and modifying
the title of Washington's Birthday to President's Day.
Unit members earn one floating holiday per calendar year. This floating holiday does not
accrue and cannot be cashed out. Employees must request to use the floating holiday just
like they would request to use annual leave. Department heads have discretion whether
to grant or deny a request to use the floating holiday but given that such holiday must be
used within the fiscal year to which it applies, must exercise that discretion carefully to
ensure that employees can use their floating holiday.
13
21.1 Friday Observed Holidays (and Floating Holiday):
For employees who follow the observed holiday schedule (employees who work in the
same work group on a Monday through Thursday schedule), holidays occurring on a
Friday (e.g., years when July 4, Christmas or New Year's Day fall on a Friday and every
year for the day after Thanksgiving) will not move to the prior open business day (e.g.,
the Thursday before or the Wednesday before Thanksgiving). Rather, for each one of
those days, unit members (who would be off duty on the Friday) will accrue a floating
holiday (based on the following: 1.0 allocated FTE = 10 hours, .75 allocated FTE = 7.5
hours, .5 allocated FTE = 5.0 hours and any other allocated FTE percentage shall accrue
a pro-rata number of hours based on a factor of one hour for each .1 allocated FTE. The
floating holiday has no cash value. If it is not used by an employee it is lost if any such
hours are on the books at the time the unit member leaves the City. Employees may
request to use their floating holiday just like a request to use annual leave. Department
Heads have discretion whether to grant or deny a request to use the
floating holiday, but must exercise that discretion carefully to ensure that employees can
use these floating holidays. For employees who follow the calendar date schedule, they
will continue to receive the holiday on the actual date of the holiday.
These holidays, including the one floating holiday earned each January as described in
Section 20.1 may accrue up to 50 hours. If an employee has 50 hours of floating holiday
leave earned they will not earn additional floating holiday leave until the bank is reduced
below 50 hours.
ARTICLE 22, BEREAVEMENT LEAVE
Personnel Rules 6.16.2 and 1.16.3 are modified to the extent that MAPS unit members
shall be granted three (3) scheduled work days in the event of a death in the "immediate
family" (as defined in the City's Personnel Rules) of an employee regardless of travel.
ARTICLE 23, DISPOSITION OF LEAVE AND PAY UPON SEPARATION
23.1
Upon separation, a Unit member shall be paid at the member's current salary rate all
unpaid accrued and vested annual leave. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as otherwise
provided by law.
23.2
In the event a member resigns or retires, City and MAPS agree that the member's last
paycheck, including pay out of vested leave, in accordance with this MOU, shall be paid at
the next regularly scheduled pay-day after separation date from City service.
14
EMPLOYER 1 EMPLOYEE REALATIONS
ARTICLE 24, DRUG POLICY/DRUG SCREENING
The parties agree that their drug and alcohol policy is set forth in Appendix A to this MOU.
ARTICLE 25, REDUCTION IN FORCE
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at the same level of employee contribution that
was in effect upon the day of layoff. The City will pay one month's premium directly to
CalPERS, and provide the employee with a check for the additional 5 months' premiums.
ARTICLE 26, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS's treasurer.
ARTICLE 27, MEETINGS
27.1
MAPS may conduct a Board of Directors meeting once each month during the workday,
not to exceed two hours.
27.2
MAPS may conduct one (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
ARTICLE 28, ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave time (annual leave or
compensatory time off) to a MAPS Time Bank. The Time Bank shall contain a maximum
of forty (40) hours at any given time available to officers of MAPS to conduct Association
business. Requests for use of banked hours shall require a request from the President
of MAPS on MAPS letterhead authorizing use of Banked Time. The use of the banked
time must be approved by the employee's immediate supervisor and the City agrees that
the use of the time will not be unreasonably denied. In addition, MAPS will provide a
report to the Human Resources Department upon request (up to twice a year) of the use
of these hours in the previous year.
ARTICLE 29, STRIKES AND WORK STOPPAGES
29.1 Prohibited Conduct
MAPS, its officers, agents, representatives and/or members of the Professional and
Management Unit agree that they will not cause or condone any strike, walkout, slowdown,
sick out, or any other job action by withholding or refusing to perform services.
15
Any Unit member who participates in any prohibited conduct listed above shall be subject
to suspension, demotion, or dismissal by City. In addition to any other lawful remedies
or disciplinary actions available to City, if MAPS fails, in good faith, to perform all
responsibilities listed below as Association Responsibility, City may suspend any and all
rights and privileges accorded to MAPS in this MOU, including but not limited to
suspension of the Grievance Review Procedure and Dues Deduction.
29.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Unit members engage in any
Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this MOU and unlawful, and they must immediately cease
engaging in conduct prohibited in said Section 28.1 and return to work.
ARTICLE 30, GRIEVANCE PROCEDURE
30.1 Definition of Grievance
A. A "Grievance" is a dispute of one or more employees or a dispute between one
or more employees involving the interpretation, application or enforcement of the
provisions of the MOU, or of the Personnel Rules and Regulations that are within
the statutory scope of representation, and for which there is no specific method
of review provided by federal, State or local law.
B. A grievance is also a claim by a Unit employee that a letter of reprimand was
issued to them was not properly issued.
C. Personnel rules 4.3.3 or 7.7 are excluded from the grievance procedure as well
as any other rules as specified and complaints involving harassment shall be
handled by a separate procedure.
D. Release or lay-off of employees during an initial probationary period after hire,
reinstatement, or reemployment is not subject to the grievance procedure.
30.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days,
further referred to as "days", are defined as the period from 8 a.m. to 6 p.m.
City Hall working days, currently Monday -Thursday, excluding holidays.
B. Initiation - A Unit employee must initiate the grievance within fifteen (15)
working days of the occurrence of the event giving rise to the grievance or
within fifteen (15) days after the grievant should, with reasonable diligence,
have had knowledge of such occurrence, whichever is later.
C. Management Reply - Failure by management to reply to the employee's
grievance within the time limits specified under the grievance procedure shall
automatically grant the employee the right to process the grievance to the next
level of review.
16
D. Failure to Submit to Next Level - If a Unit employee fails to submit from one
level to the next level within the time limits and in the manner provided under
the grievance procedure, the grievance shall not be subject to further
consideration and will be deemed resolved.
E. Waiver by Mutual Agreement - Any level of review or any time limits established
in the procedure may be waived or extended by mutual agreement between
the Unit employee and management, which must be confirmed in writing.
F. Outside of Authority - If the supervisor, manager, or department head
designated by the grievance procedure below to receive the grievance
determines that they do not have the authority to resolve it, that supervisor,
manager, or department head, shall so inform the grievant and forward the
grievance to the next higher level of supervision with authority to resolve it, if
applicable, or advise the grievant in writing they may continue to the next level
in the process.
30.3 Informal Resolution
A. The responsibility of a Unit employee with a bona fide grievance concerning
terms and conditions of employment is to promptly inform and discuss the
grievance with the department supervisor or designee in order to, in good faith,
endeavor to resolve the matter expeditiously and informally.
B. If such informal discussion does not resolve the grievance to the Unit
employee's satisfaction, such employee may file a formal grievance in
accordance with the procedure set forth in this section.
30.4 Procedure
A. The Unit employee shall provide the grievance in writing, with signature and
date, and submit it to their immediate supervisor within fifteen (15) days of the
initial commencement of the occurrence being grieved. The supervisor shall
further consider and discuss the grievance with the Unit employee and such
employee's designated representative as deemed appropriate, and shall,
within fifteen (15) days of having received the written grievance, submit a
response thereto in writing to the employee and the employee's representative,
if applicable.
B. If the written response of the immediate supervisor does not result in a
resolution of the grievance, the Unit employee may further submit the
grievance, by presenting a written request, with date and signature, to the Unit
employee's department head within seven (7) days of the Unit employee's
receipt of the supervisor's response. The department head may investigate the
grievance and may set a meeting with the Unit employee, employee's
designated representative, and other persons as deemed appropriate to
consider the grievance. Within thirty (30) days of receipt of the grievance by
the department head, the department head shall submit a response to the
grievance to the Unit employee and employee's representative, if applicable.
17
C. If the response by the department director, does not result in a resolution of the
grievance, the Unit employee may further submit the grievance, by presenting
a written request, with date and signature to the Human Resources Director,
for submission to the Office of the City Manager, within seven (7) days of the
unit employee's receipt of the department head's response. The City Manager
or designated representative, may set a meeting with the Unit employee,
employee's designated representative, and other persons as deemed
appropriate, to consider the grievance. Within thirty (30) days of receipt of the
grievance the City Manager or designated representative shall submit a
response to the Unit employee and employee's representative, if applicable.
The decision of the City Manager Office is final and binding.
D. This grievance procedure is the sole and exclusive method for alleging a
violation, misinterpretation or misapplication of any provision of this MOU.
ARTICLE 31, DISCIPLINARY APPEALS PROCESS
Effective July 1, 2018, the parties agree that if an employee subject to discipline is entitled
to appeal that discipline per Personnel Rules 14 and 15, the appeal process provided by
the Personnel Rules (the Personnel Board) will no longer apply. Rather, the parties agree
that effective July 1, 2018, discipline which is subject to appeal may be appealed to a
hearing officer selected by the parties. The disciplinary appeals process is as follows:
A. Appeals Procedure
1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed
with the Director of Human Resources within ten (10) days of receipt of a
written notice of discipline, this process will be used which includes the use
of a hearing officer.
2. The City and the employee or the employee's representative may agree on the
hearing officer. If they cannot agree, the hearing officer shall be chosen from
a panel of seven (7) hearing officers from a list provided State Mediation and
Conciliation Service. The parties shall alternately strike names until one
hearing officer remains. The parties shall flip a coin with the winner of the coin
flip getting to choose whether to strike the first name or the second name.
Names will be struck until the hearing officer is selected.
3. The hearing officer shall submit an advisory decision setting forth findings,
conclusions, and recommendations to the City Council,
B. Hearings
1. The hearing shall commence no more than ninety (90) calendar days from the
date the hearing officer is selected provided that the parties may agree to a
longer period to commence the hearing.
I
2. All disciplinary hearings shall be closed to the public unless the affected
employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted if it is
the sort of evidence on which reasonable persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of any common law
or statutory rule, which might make improper admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they
are now or hereafter may be recognized in civil and criminal actions, and
irrelevant and u-nduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer
shall rule on the admission and exclusion of evidence.
4. Each party shall have these rights: to be represented by legal counsel or
other person of their choice; to call and examine witnesses; to introduce
evidence; to cross-examine opposing witnesses; to impeach any witness
regardless of which party first called the witness to testify; and to rebut the
evidence against them. If the employee appealing the discipline does not
testify on their own behalf, they may be called and examined as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A court
reporter will be engaged to record the hearing. The cost of the reporter will be
split between the City and the Association.
5. The hearing shall proceed in the following order, unless the hearing otherwise
directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the
opposing party shall have the right to cross-examine the witnesses on any
matter relevant to the issues, even though that matter was not covered on
direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only,
unless the hearing officer for good reason permits them to offer evidence
upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of
testimony and evidence. The hearing officer shall base findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
hearing officer, for good cause, otherwise directs. The hearing officer, prior
to or during a hearing, may grant a continuance for any reason believed to
be important to reaching a fair and proper decision.
W
f. The hearing officer may recommend sustaining, rejecting or modifying the
disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed
with the Director of Human Resources, who will forward them to the City
Manager who then forward to the City Council. The City Council, in its sole
discretion, may hear limited oral arguments and/or request written statements
from either party on the hearing officer's advisory decision. The City Council
shall inform the employee appealing the discipline of its decision regarding the
appeal within sixty (60) calendar days of the receipt of the hearing officer's
report. However, the City Council may extend the time to issue its decision
beyond the sixty (60) calendar day period if it believes it is necessary. The
decision of the City Council regarding the appeal shall be the final step in the
administrative appeal process. However, any disciplinary action is deemed
final as of the effective date. Copies of the City Council's decision, including the
hearing officer's report shall be filed where appropriate, including the
employee's personnel file. The City Council's decision is subject to review by a
superior court pursuant to Code of Civil Procedure Section 1094.6.
7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be
issued at the request of either party, not less than ten (10) calendar days prior
to the commencement of the hearing; after commencement, subpoenas shall
be issued only at the discretion of the hearing officer.
8. The time limits specified at any step in this procedure may be extended or
reduced by written agreement of the employee or representative and the
representative for the City.
9. Employee or the employee's representative and the representative for the City.
ARTICLE 32, WAIVER OF FURTHER BARGAINING
The terms agreed upon by the MOU shall take effect at the time specified herein upon
approval by Resolution of the City Council of the City of Palm Springs and shall remain in
full force and effect until midnight, June 30, 2021.
20
APPENDIX A — DRUG AND ALCOHOL POLICY
The parties have a vital mutual interest in maintaining safe, healthful and efficient
working conditions. Being under the influence of a drug or alcohol on the job may pose
serious safety and health risks not only to the user but also to co-workers and the
citizens of Palm Springs. The possession, use or sale of an illegal drug or of alcohol on
the job also poses unacceptable risks for safe, healthful and efficient operations. "On
the job" means while on City premises, at work locations, or while on duty or being
compensated on an "on call status".
MAPS, City, and Unit members recognize that their future is dependent on the physical and
psychological well-being of all employees. MAPS, City, and Unit members mutually
acknowledge that a drug and alcohol -free work environment benefits employees and
citizens and members agree to comply with this policy at such time as a mutually agreed
upon employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
Section 2
When reasonable suspicion exists, the City may require a Unit member to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform the job safely is reduced.
Section 3
Any manager or supervisor requesting that a Unit member submit to a substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the
employee a copy. This report must advise the Unit member of the right to representation.
Such member shall be given an opportunity to provide additional facts. A Unit member who
is then ordered to submit to a substance abuse screening may request to be represented.
Because time is of the essence in drug screening, a representative must be available within
a reasonable time or the employee will then be ordered to submit to a substance screening.
Any employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
Section 4
The supervisor, or designee, shall transport the suspected Unit member to the testing
facility. Testing shall occur on City time and be paid for by the City. The facility used for
testing shall be certified by the National Institute of Drug Abuse and comply with established
21
guidelines for "chain of custody" to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing and storage process.
Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
Any Unit member who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if they so choose, a positive test result.
Section 6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly
marked that they may cause significant drowsiness or impair a Unit member's
performance. Such member shall notify the member's supervisor, before beginning work,
when taking such medications or drugs. In the event there is a question regarding such
member's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be required.
The City reserves the right to send such member home on sick leave under these
circumstances.
Section 7
Unit members with substance abuse problems are encouraged to participate voluntarily in
the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by a member with complete confidentiality and without adverse
consequences to employment. Unit members should be aware, however, that a request
for assistance through the EAP will not insulate such member from disciplinary action
already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete rehabilitation
and/or counseling program and other terms and conditions in a "Last Chance Agreement'.
M
APPENDIX B — MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS
Account Technician, Senior
Non Exempt
N/A
Accountant
Exempt
Professional
Accounting Supervisor
Exempt
Executive
Administrative Assistant
Exempt
Administrative
Administrative Secretary
Non Exempt
N/A
Airport Administration Manager
Exempt
Executive
Airport Operations Manager
Exempt
Executive
Airport Operations Supervisor
Exempt
Executive
Airport Security Coordinator
Exempt
Administrative
Arts & Special Projects Coordinator
Exempt
Administrative
Assistant Planner
Non Exempt
NA
Associate Civil Engineenng
Exempt
Professional
Associate Planner
Non Exempt
N/A
Budget Audit & Revenue Supervisor
Exempt
Execubve
Building & Safe Supervisor
Exempt
Executive
Chief Deputy City Clerk
Exempt
Administrative
Civil Engineer, Senior
Exempt
Professional
Commun4 Center Manager
Exempt
Administrative
Community Development Administrator
Exempt
Administrative
Deputy City Clerk
Non -Exempt
N/A
Deputy City Treasurer
Exempt
Administrative
De u Director of Aviation - Operations & Maintenance
Exempt
Executive
Economic Development/Downtown Administrator
Exempt
Executive
Emergency Services Coordinator
Exempt
Administrative
Engineedng Assistant
Non Exempt
N/A
Engineering Assistant Senior
Exempt
Administrative
Enjineedng Associate
Exempt
Professional
Financial Analyst, Senior
Exempt
Administrative
Fleet Maintenance Manager
Exempt
Executive
Human Resources Manager
Exempt
Executive
Human Resources Specialist
Exempt
Administrative
Human Resources Specialist Senior
Exempt
Administrative
Information Tech nolo Mana er
Exempt
Administrative
Librarian
Exempt
Professional
Library & Public Services Manager
Exempt
Executive
Library Operations & Collections Manager
Exempt
Executive
Maintenance and Facilities Administrator
Exempt
Administrative
Maintenance Supervisor
Exempt
Executive
Paralegal
Non Exempt
N/A
Payroll Coordinator
Non Exempt
N/A
Network Administrator
Exempt
Computer
Administrative Coordinator
Non Exempt
N/A
Principal Planner
Professional
Procurement & Contracdn Manager
—Exempt
Exempt
Executive
Procurement Specialist I
Exempt
Administrative
Procurement Specialist II
Exempt
Administrative
Public Works Inspector, Senior
Non Exempt
N/A
Redevelopment Coordinator
Exempt
Administrative
Special Events Manager
Exempt
Administrative
Street Maintenance Superintendent
Exempt
Executive
23
MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date:
By: R(cj� 1 faZzrZCo ��-
MAPS President Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date:
By:By:
City Manager
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By: By:
nLy Clerk )\--�
Approved to m:
By:
City Attorney
APPROVED 13Y CITY COUNC;
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Direc or°of uman esources
Council Approval:
24
MANAGEMENT
ASSOCIATION OF PALM
SPRINGS (MAPS)
O�
QALM S�
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'Ap Alt'
1`7 C'4�/FOIL
MEMORANDUM OF
UNDERSTANDING
JULY 11 2014 - JUNE 30, 2018
Management Association of Palm Springs (MAPS)
Memorandum of Understanding
July 1, 2014 — June 30, 2018
By Article Number
3. MEETINGS................................................................................................................................................1
4. PAYROLL DEDUCTION- ASSOCIATION MEMBERSHIP.......................................................................
2
5. PRACTICES..............................................................................................................................................2
6. MAINTENANCE OF BENEFITS...............................................................................................................2
7. STRIKES AND WORK STOPPAGES.......................................................................................................2
8. FEDERAL AND STATE LAWS................................................................................................................. 3
9. EDUCATIONAL REIMBURSEMENT........................................................................................................3
10. INSURANCE...........................................................................................................................................
3
11. HEALTH INSURANCE FOR RETIREES................................................................................................ 6
12. RETIREMENT.........................................................................................................................................7
13. DISPOSITION OF LEAVE AND PAY UPON SEPARATION..................................................................8
14. EDUCATION INCENTIVE PAY...............................................................................................................
8
15. SALARIES...............................................................................................................................................9
16. REDUCTION IN FORCE.......................................................................................................................10
17. MILEAGE..............................................................................................................................................10
18. UNIFORM ALLOWANCE......................................................................................................................10
19. ANNUAL LEAVE...................................................................................................................................10
20. DRUG POLICY/DRUG SCREENING....................................................................................................11
21. ACTING OUT OF CLASSIFICATION...................................................................................................11
22. OVERTIME............................................................................................................................................12
23. EMPLOYEE SERVICE AWARDS.........................................................................................................12
24. ASSOCIATION TIME BANK.................................................................................................................12
25. SALARY ADVANCEMENT ELIGIBILITY..............................................................................................13
26. BEREAVEMENT LEAVE.......................................................................................................................13
27. WAIVER OF FURTHER BARGAINING................................................................................................13
28. WORK SCHEDULE..............................................................................................................................13
31. FLOATING HOLIDAYS.........................................................................................................................13
APPENDIX A - DRUG AND ALCOHOL POLICY........................................................................................16
APPENDIX B - MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS.......................................18
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2014 — JUNE 30, 2018
This Memorandum of Understanding is entered into with reference to the
following facts:
A. The Management Association of Palm Springs (hereinafter referred to as "MAPS") is
the exclusive recognized employee organization for members it represents employed by
the City in the Professional and Management Unit ("Unit') as defined in Section 8.1.6 of
the Employer -Employee Relations Resolution, Resolution 16438, as amended by
Resolution 17793.
B. MAPS and the Municipal Employee Relations Representative (hereinafter referred to
as the "MERR") have met and conferred in good faith on wages, hours and other terms
and conditions of employment for the employees represented by MAPS in the aforesaid
group and have reached agreements which h are set forth in this Memorandum of
Understanding (hereinafter referred to as the "MOU").
MAPS AND MERR agrees as follows:
1. This MOU constitutes a joint recommendation by MAPS and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing July
1, 2014, and terminating at midnight, June 30, 2018.
3. MEETINGS
3.1.1
MAPS may conduct a Board of Directors meeting once each month during the workday,
not to exceed two hours.
3.2
MAPS may conduct One (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
4. PAYROLL DEDUCTION- ASSOCIATION MEMBERSHIP
4.1
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS's treasurer.
4.2
Employees eligible for membership in MAPS are required to pay the reasonable cost of
employee representation. It is agreed that this amount will be 75% of Association
membership dues. The City of Palm Springs is not required to collect Agency Shop
Dues.
5. PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer -employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. Therefore, it is agreed by
the parties hereto that all such ordinances, resolutions and policies, including, but not
limited to, Sections 4, 5, 6, 7 and 13 of the Employer -Employee Relations Resolution
16438 are hereby incorporated by this reference and made a part hereof as though set
forth in full, and except as provided herein shall remain in full force and effect during the
term hereof. City and Unit members shall continue to have the rights and prerogatives as
set forth in Sections 4, 5, 6, 7 and 13 of Resolution 16438, and nothing in this MOU shall
be deemed in any manner to abridge, restrict or modify the same except as limited by the
Strikes and Work stoppages section of this MOU.
6. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Unit as represented by MAPS shall not be deemed affected by this MOU,
except as specifically modified by provisions hereof or by actions taken in implementation
hereof.
7. STRIKES AND WORK STOPPAGES
7.1 Prohibited Conduct
MAPS, its officers, agents, representatives and/or members of the Professional and
Management Unit agree that they will not cause or condone any strike, walkout,
slowdown, sick out, or any other unlawful job action by withholding or refusing to perform
services.
Any Unit member who participates in any prohibited conduct listed above shall be subject
to suspension, demotion, or dismissal by City.
2
In addition to any other lawful remedies or disciplinary actions available to City, if MAPS
fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, City may suspend any and all rights and privileges accorded to MAPS in
this MOU, including but not limited to suspension of the Grievance Review Procedure and
Dues Deduction.
7.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Unit members engage in
any Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must
immediately cease engaging in conduct prohibited in said Section 7.1 and return to work.
8. FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
9. EDUCATIONAL REIMBURSEMENT
No Unit member shall receive more than $1,500/fiscal year through the Educational
Reimbursement Program.
10. INSURANCE
10.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees' Retirement
Health Care Plan pursuant to the Public Employees' Hospital and Medical Care Act
(PEHMCA), Government Code Sections 22751 et seq., for the provision of health
insurance for members of the unit. The health insurance benefit provided through
PEHMCA shall be part of a cafeteria plan in accordance with IRS Code section 125 ("the
Plan") which also includes:
1) Dental Insurance as addressed below in Section 10.3; and
2) Vision Insurance as addressed below in Section 10.5 with a $20 co -pay;
The City will pay the CalPERS statutory minimum to comply with the Public Employees'
Hospital and Medical Care Act on behalf of all employees and retirees ($119 for 2014,
and a yet undetermined amount for beyond 2014. In addition, the maximum City
contribution to the Plan (i.e., health, dental and vision insurance) shall be determined
3
annually based on the formula that has been used by City which is inclusive of the PERS
statutory minimum. The formula involves taking the rate increase for each benefit as
listed above, and combining them to develop a single rate increase to the maximum
contribution to the categories listed below (i.e., single, two-party, and family).
The current cafeteria plan rates effective January 1, 2014, are:
Category
Maximum
Contribution
Unit Member Only
$ 667/month
Unit Member + 1
$ 1,312/month
Family
$1,754/month
Since the actual amounts above also include the PERS statutory minimum, the actual
amounts provided to employees through the cafeteria plan are the above amounts minus
the PERS statutory minimum for each applicable calendar year.
In the event that the premium changes for health, dental and vision insurance (i.e., the
Plan benefits) exceed the City's maximum rate of contribution by five percent (5%), the
amount of the excess shall be paid by unit members through a payroll deduction.
The maximum City monthly contribution for the Plan shall be determined by the medical
plan selected (i.e., single, two-party, or family). Should an employee decline medical
coverage, but elect either dental or vision coverage, there will be no Plan excess paid.
The City will, however, pay the premiums for the dental and/or vision coverage/s selected.
In the event a Unit member selects a Plan (per 10.1) which does not require City to make
a maximum contribution, then such unit member shall receive the remainder of the City
contribution (up to the maximum of $122.00 per pay period). In no event shall a positive
balance exceed $122.00 per pay period (24 pay periods per year).
10.2 Medical Insurance Withdrawal
Except as provided below, Unit members who elect to purchase health insurance
independent of the Plan, may withdraw from or decline to participate in the Plan by
executing, in writing, an election to withdraw from, a declination to participate in, and/or a
waiver of benefits (as appropriate) on such form as may be required by City.
Unit members who elect not to participate in the Plan beyond the City minimum monthly
contribution will be reimbursed the sum of $122.00 per pay period (24 pay periods per
year).
4
10.3 Dental Benefits
City agrees to continue dental benefits at level(s) existing under the current Plans.
Although it is possible that the carriers could change, the levels of benefits through new
carriers will be equivalent.
10.4 Life Insurance
Members of the unit will receive $50,000.00 term life insurance coverage and $50,000
accidental death and dismemberment (AD&D) coverage.
10.5 Vision Benefits
City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this
MOU is executed. Although it is possible that the carriers could change, the levels of
benefits through new carriers will be equivalent.
10.6 Domestic Partner Coverage
Legislation passed allowing domestic partners to register with the Secretary of State and
be eligible to enroll in a CalPERS health plan. The law requires the following actions for a
domestic partner to be enrolled in a CalPERS health benefits plan: First, the Secretary
must register the domestic partnership, and provide a Declaration of Domestic
Partnership to the domestic partners. Specified same -sex domestic partnerships
(between persons who are both at least 18 years of age), and specified opposite sex
domestic partnerships (when one person is over the age of 62), are eligible to register
with the secretary.
The CalPERS enrollee must provide a copy of the Declaration of Domestic Partnership
and a signed Statement of Financial Liability (PERS form) to City. CalPERS will use the
same enrollment policies for domestic partnerships as currently used for traditional
marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document. Domestic
partner enrollments after the 60 days may be enrolled during the plans next open
enrollment period.
10.7 Short Term Disabili
Unit members will be permitted to make premium payments through payroll deductions in
order to maintain a Short Term Disability insurance coverage plan, with no city
contribution to the premium. Participation in the plan is mandatory.
k,
10.8 Lonq Term Disability
Long Term Disability shall continue to be provided by the City at the benefit level(s)
existing as of the date this MOU is executed. Although it is possible that the carriers
could change, the levels of benefits through new carriers will be equivalent.
11. HEALTH INSURANCE FOR RETIREES
As long as they qualify for coverage with CaIPERS, members of the Unit shall be
permitted to participate in the City -provided group health plans after retirement as a
retiree. For those retirees, the City will only contribute the mandatory minimum monthly
premium (i.e., the statutory minimum) as may be required by CaIPERS for the particular
calendar year. .
Tier I - Effective 7/1/1999:
In service employees hired (or received a written offer of employment) prior to September
7, 2005 shall receive health insurance for retirees as follows:
A. After 20 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will contribute an amount of money which shall be called a "retiree
health stipend" in the amount of 75% of the CalPERS premium (minus the PERS
statutory minimum which the City is already contributing on behalf of the retiree to comply
with PEHMCA to reimburse the retiree for his/her health insurance coverage.
B. After 25 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will contribute an amount of money which shall be called a "retiree
health stipend" in the amount of 100% of the CalPERS premium (minus the PERS
statutory minimum which the City is already contributing on behalf of the retiree to comply
with PEHMCA to reimburse the retiree for his/her health insurance coverage.
The retiree health stipend as described above will be based on the coverage type (and
limited to single, or two-party) in effect at the time of retirement.
In the event of the employee's death, the City's obligation to continue making health care
contributions will end. The surviving spouse/domestic partner may remain on the plan as
a retiree without a City contribution to the premium.
Tier II — Effective 9/7/2005:
For all employees initially hired by the City after September 7, 2005, there will be no City
contribution for retiree health benefits (other than the CalPERS statutory minimum
amount ($119 in 2014and an undetermined amount beyond 2014). The City will, for these
employees, make a $50.00 per month contribution to an employee Retiree Health
Savings Plan and the associated fixed dollar cost of administration.
N.
12. RETIREMENT
12.1 Retirement Formula
Unit members (and not "new members as defined by the Public Employees' Pension
Reform Act of 2013 - PEPRA) hired prior to December 24, 2012 are covered by the
2.7% @ 55 formula provided for by the Public Employees' Retirement Law at
Government Code section 21354.5. These employees' retirement will be calculated
pursuant to the optional benefit (in the City's contract with CalPERS) of single highest
twelve month period.
Unit members (and not "new members as defined by the Public Employees' Pension
Reform Act of 2013 - PEPRA) hired after December 24, 2012 are covered by the 2% @
60 formula provided for by the Public Employees' Retirement Law at Government Code
section 21353.3. These employees' retirement will be calculated per the three year
average final compensation per Government Code 20037.
Unit members who are defined as "new members" under the PEPRA, are covered by
the 2% @ 62 formula provided for by the PEPRA at Government Code section
7522.20(a). These employees' retirement will be calculated per the three year average
final compensation as provided for by the PEPRA.
12.2 Employee Contributions to the Retirement System
Employees subject to the 2.7%@55 Formula
Effective at the beginning of the pay period following City Council approval of this MOU,
employees in the Unit shall pay their eight percent (8%) member contribution.
Employees subject to the 2% @ 60 Formula
These employees pay the seven percent (7%) member contribution.
Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by
IRS Code section 414(h)(2) to ensure that the employees' payment (i.e., "pick up" as
that term is used in section 414(h)(2)) of their employee contribution is made on a pre-
tax basis.
Employees subject to the 2% @ 62 Formula — "New Members" as defined by PEPRA
Effective July 1, 2014, these employees shall pay the statutorily mandated employee
contribution rate of one half of the total normal cost.
7
12.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:
1) Pre -retirement death benefits to continue after remarriage of survivor —
Government Code section 21551
2) Death Benefit — Government Code section 21620
3) Post Retirement Survivor Allowance — Government Code sections
21624/26/28 and 21635
4) Death Benefits — Government Code section 21574 21620
5) Military Reallocation Credit - Government Code section 21024
6) Final Compensation Period One Year - Government Code section 20042 for
classic members
7) 2% Cost of Living Allowance - Government Code section 21329
8) Prior Service - Government Code section 20055
13. DISPOSITION OF LEAVE AND PAY UPON SEPARATION
13.1
Upon separation, a Unit member shall be paid at the member's current salary rate all
unpaid accrued and vested annual leave. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as otherwise
provided by law.
13.2
In the event a member resigns or retires, City and Unit agree that members last
paycheck, including pay out of vested leave, in accordance with this MOU, shall be paid
at the next regularly scheduled pay-day after separation date from City service.
14. EDUCATION INCENTIVE PAY
14.1
Unit members will be eligible to receive an additional 5% of their base salary for a
Master's Degree from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEK) or the U.S. Department of Education ("USDE"), or for
maintaining a professional certification related to their job that require Continuing
Education Hours or require testing or coursework to be recertified.. Any employees who,
as of the effective date of this MOU receive certification pay from the City for certifications
which do not require Continuing Education Hours or require testing or coursework to be
recertified, will continue to receive that pay. However, upon the effective date of this
MOU, certification pay for professional certifications will only be provided to employees
who maintain certifications related to their job which require Continuing Education Hours
3
or require testing or coursework to be recertified. Each Department must approve the
certification pay and determine if it is a certification necessary for department
14.2
Unit members designated by the City Manager may be eligible to receive an additional
5% Notary Certification Pay for being a licensed Notary Public. Designations for "Notary
Certification Pay" for Unit members shall be entirely at the City Manager's discretion.
14.3
Unit members may be eligible to receive an additional 5% in compensation for their
provision of bilingual services. The City Manager shall determine the language needs as
well as the number of employees eligible for such premium pay. In order to be eligible for
such premium pay, an employee must pass an examination demonstrating fluency in
reading and speaking the desired second language.
Per this article, unit members may only receive one of the following certification premiums
of five percent (5%): Master's Degree, professional certification, notary certification or
bilingual certification.
15. SALARIES
Effective in the pay period following Council approval of this MOU, members of the Unit
shall receive an eight percent (8%) salary increase.
Effective the pay period which includes July 1, 2015, members of the Unit shall receive
a two percent (2.0%) salary increase.
Effective the pay period which includes July 1, 2017, members of the Unit shall receive
a two percent (2.0%) salary increase.
Following City Council approval of this MOU, two new steps will be added to the salary
schedule as entry level steps for each classification. Employees hired prior to City
Council approval of this MOU will not be impacted by this modification to the salary
schedule as their salary will not be impacted except as provided above (with the salary
increases provided). Employees hired prior to City Council approval of the MOU will
move on the salary schedule as follows: Those employees at step 1 will move to step
3, employees at step 2 will move to step 4, employees at step 3 will move to step 5,
employees at step 4 will move to step 6 and employees at step 5 will move to step 7.
Employees hired after City Council approval of the MOU, will be hired as in the past,
typically at step 1 of the new salary schedule.
Employees who promote into the unit will be placed at a step on the salary schedule at
least five percent (5%) above (unless five percent (5%) would cause the employee's
N
salary range to be above top step for the classification hired into) the step from which
they were at in their prior job classification with the City.
For employees in the unit on the date of City Council approval of this MOU, if promoted
within the unit, they will also receive at least a five percent (5%) increase from their
current salary. In addition, such employees will be placed on at least step three of their
new classification
16. REDUCTION IN FORCE
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at same level of employee contribution that was
in effect upon the day of layoff. The City will pay one month's premium directly to
CalPERS, and provide the employee with a check for the additional 5 months premiums.
17. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
18. UNIFORM ALLOWANCE
City agrees to continue to pay a monthly uniform allowance of $125.00 to the
Emergency Services Coordinator and $135.00 to the Animal Control Supervisor, as a
reimbursement for expenses incurred for acquisition and maintenance of uniforms.
Effective the pay period following City Council approval of this MOU the City will provide
uniforms for Operations Supervisors who work at the Palm Springs Airport. The City's
uniform service will clean the uniforms and make them available for use by the
employees.
19. ANNUAL LEAVE
19.1 Conversion and Definition
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. Annual leave shall substitute for either annual leave or sick leave as covered
under Personnel Rule 6 as amended herein.
19.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for MAPS members in
Group II.
10
19.3 Annual Leave Cash -In
Unit employees shall have the option of converting accrued and vested annual leave into
cash, without limitation (other than as provided below). Such cash -ins of annual leave
shall be permitted twice a year on the last payday of July and the first payday of
December. Such conversion may be for any amount of accrued and vested annual leave
hours.
19.4 Eligible To Use
Unit members shall be eligible to use annual leave as it is accrued.
19.5 Accrual Rates for Employees Hired Before July 5, 1981
Unit members hired before July 5, 1981 shall accrue and vest 24.67 hours of annual
leave on a monthly basis.
19.6 Accrual Rates for Unit Members Hired After July 5, 1981
Professional and Management Unit members hired on or after July 5, 1981 shall accrue
and vest annual leave on a monthly basis in accordance with the following schedule:
YEARS OF SERVICE
HOURS ACCRUED &
VESTED MONTHLY
0 through 5
16
6 through 10
18
11 and after
20.67
19.7 Less than full-time emplovees
Less than full-time employees will accrue and vest annual leave on a pro -rated basis
based on their allocated full time equivalent.
20. DRUG POLICY/DRUG SCREENING
The parties agree that their drug and alcohol policy is set forth in Appendix A to this MOU.
21. ACTING OUT OF CLASSIFICATION
On the second (2) consecutive day that a Unit member is required to perform duties out
of his/her designated classification ("acting out of class") such member shall be entitled to
additional compensation equal to the lowest step on the range of the higher classification
which will provide an increase in pay of 5%, but not to exceed the top step of the
classification for which such member is performing acting out of class duties ("acting
11
pay"). Such acting pay shall be prospective only, commencing after the second (2)
consecutive day the member is acting out of class and continuing thereafter until such
member ceases performing acting out of class duties.
22. OVERTIME
The bargaining unit is made up of employees who are both exempt and non-exempt from
overtime per the Fair Labor Standards Act (FLSA). The parties agree that the each of the
classifications represented by the Association along with their designation as either
exempt or non-exempt is set forth in Appendix B to this MOU. For purposes of this MOU,
overtime or compensatory time off provided to employees (as provided in the paragraph
below) who occupy classifications designated as exempt will be provided to employees
pursuant to this MOU, not because these employees are entitled to overtime per the
FLSA. Non-exempt employees are entitled to overtime or compensatory time off as
provided below in accordance with the FLSA.
The City agrees that if a Unit member is asked to work more than 40 hours in a week,
he/she is eligible to receive overtime or compensatory time off, either MOU
overtime/compensatory time off for exempt employees or FLSA overtime/compensatory
time off) for non-exempt employees . If the employee accrues compensatory time off, all
requests to use that time will be honored in a timely manner. Unit members shall be
required to log time in and time out. Unit employees may be allowed to flex hours within a
work week, if approved in advance by the Department Head.
22.1 Comp Time
The maximum Compensatory Time accumulation is one hundred (100) hours
22.2 Standby Pay
Employees shall be paid for two (2) hours per day for standby pay at the employee's
regular hourly rate and not subject to overtime premium. Department Heads, Managers
and Supervisors placing unit members on standby are encouraged to provide Unit
members with advanced notice (when possible) of placement on standby.
23. EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members. .
24. ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave time (annual leave or
compensatory time off) to a MAPS Time Bank. The Time Bank shall contain a maximum
of forty (40) hours at any given time available to officers of MAPS to conduct Association
business. Request for use of banked hours shall require a request from the President of
MAPS on MAPS letterhead authorizing use of Banked Time. The use of the banked time
12
must be approved by the employee's immediate supervisor and the City agrees that the
use of the time will not be unreasonably denied. . In addition, the Association will
provide a report to the Human Resources Department upon request (up to twice a year)
of the use of these hours in the previous year.
25. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that MAPS unit members shall be eligible
for step increases if they have at least a "meets expectation" or higher service rating.
26. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 and 1.16.3 are modified to the extent that MAPS unit members
shall be granted three (3) scheduled work days in the event of a death in the "immediate
family" (as defined in the City's Personnel Rules) of an employee regardless of travel.
27. WAIVER OF FURTHER BARGAINING
The terms agreed upon by the MOU shall take effect at the time specified herein upon
approval by Resolution of the City Council of the City of Palm Springs and shall remain in
full force and effect until midnight, June 30, 2018.
28. WORK SCHEDULE
All employees in the bargaining unit shall be assigned to work a 4/10 work schedule; four
consecutive work days followed by three consecutive days off. A Unit member may
request to work a four day — nine hour work schedule (4/9). Such a request is subject to
Department Head approval and once granted, may be revoked at any time. A decision to
deny a request for such a work schedule is not subject to challenge or grievance. The
Department Head has total discretion as to whether to grant a request for such work
schedule and whether the schedule should continue.
The parties agree that City Hall will remain closed on Fridays.
31. FLOATING HOLIDAYS
Unit members have one floating holiday per calendar year to use by December 31 of the
calendar year in which it applies. This floating holiday does not accrue and cannot be
cashed out. Employees must request to use the floating holiday just like they would
request to use annual leave. Department heads have discretion whether to grant or deny
a request to use the floating holiday but given that such holiday must be used within the
fiscal year to which it applies, must exercise that discretion carefully to ensure that
employees can use their floating holiday.
13
32.1 Friday Observed Holidays (and Floating Holiday):
For employees who follow the observed holiday schedule (employees who work in the
same work group on a Monday through Thursday schedule), holidays occurring on a
Friday (e.g., years when July 4, Christmas or New Year's Day fall on a Friday and every
year for the day after Thanksgiving) will not move to the prior open business day (e.g.,
the Thursday before or the Wednesday before Thanksgiving). Rather, for each one of
those days, unit members (who would be off duty on the Friday) will accrue a floating
holiday (based on the following: 1.0 allocated FTE = 10 hours, .75 allocated FTE = 7.5
hours, .5 allocated FTE = 5.0 hours and any other allocated FTE percentage shall
accrue a pro-rata number of hours based on a factor of one hour for each .1 allocated
FTE. The floating holiday has no cash value. If it is not used by an employee it is lost if
any such hours are on the books at the time the unit member leaves the City.
Employees may request to use their floating holiday just like a request to use annual
leave. Department Heads have discretion whether to grant or deny a request to use the
floating holiday, but must exercise that discretion carefully to ensure that employees
can use these floating holidays. For employees who follow the calendar date schedule,
they will continue to receive the holiday on the actual date of the holiday.
These holidays, including the one floating holiday earned each January as described in
Section 31.1 may accrue up to 50 hours. If an employee has 50 hours of floating
holiday leave earned he/she will not earn additional floating holiday leave until his/her
bank is reduced below 50 hours.
14
0 0
MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date: 7122-1 f
By: M� Y.e %we ii
MAPS Labor Representative Signature
By: ,ck A-z-z,LLo
MAPS President Signature aw
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date:
By: By:
City Manager Labor At rney
Attest:
By: By:
ity Clerk Di
Approved to foW7.
By: &X"�/
City Yhorney
Council
Human Resources
APPROVED BY CITY COUNCIL
r,
t
Appendix A - Drug and Alcohol Policy
The parties have a vital mutual interest in maintaining safe, healthful and efficient working
conditions. Being under the influence of a drug or alcohol on the job may pose serious
safety and health risks not only to the user but also to co-workers and the citizens of Palm
Springs. The possession, use or sale of an illegal drug or of alcohol on the job also poses
unacceptable risks for safe, healthful and efficient operations. "On the job" means while
on City premises, at work locations, or while on duty or being compensated on an "on call
status".
MAPS, City, and Unit members recognize that their future is dependent on the physical
and psychological well-being of all employees. MAPS, City, and Unit members mutually
acknowledge that a drug and alcohol -free work environment benefits employees and
citizens and members agree to comply with this policy at such time as a mutually agreed
upon employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
Section 2
When reasonable suspicion exists, the City may require a Unit member to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform his/her job safely is reduced.
Section 3
Any manager or supervisor requesting that a Unit member submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall
give the employee a copy. This report must advise the Unit member of his/her right to
representation. Such member shall be given an opportunity to provide additional facts. A
Unit member who is then ordered to submit to a substance abuse screening may request
to be represented. Because time is of the essence in drug screening, a representative
must be available within a reasonable time or the employee will then be ordered to submit
to a substance screening.
Any employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
16
Section 4
The supervisor, or designee, shall transport the suspected Unit member to the testing
facility. Testing shall occur on City time and be paid for by the City. The facility used for
testing shall be certified by the National Institute of Drug Abuse and comply with
established guidelines for "chain of custody" to insure that identity and integrity of the
sample is preserved throughout the collecting, shipping, testing and storage process.
Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
Any Unit member who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if he or she so chooses, a positive test result.
Section 6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs which
are clearly marked that they may cause significant drowsiness or impair a Unit members
performance. Such member shall notify his/her supervisor, before beginning work, when
taking such medications or drugs. In the event there is a question regarding such
member's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be required.
The City reserves the right to send such member home on sick leave under these
circumstances.
Section 7
Unit members with substance abuse problems are encouraged to participate voluntarily in
the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by a member with complete confidentiality and without adverse
consequences to his/her employment. Unit members should be aware, however, that a
request for assistance through the EAP will not insulate such member from disciplinary
action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete
rehabilitation and/or counseling program and other terms and conditions in a "Last
Chance Agreement".
17
Appendix B — MAPS classifications and FLSA Exemption Status
Position
FLSA Exem tion
Account Technician, Senior
Non Exempt
N/A
Accountant
Exempt
Professional
Accounting Supervisor
Exempt
Executive
Administrative Assistant
Exempt
Administrative
Administrative Secretary
Non Exempt
N/A
Airport Administration Manager
Exempt
Executive
Airport Maintenance Superintendent
Exempt
Executive
Airport Operations Manager
Exempt
Executive
Airport Operations Supervisor I
Exempt
Executive
Airport Security Coordinator
Exempt
Administrative
Animal Control Supervisor
Non Exempt
N/A
Arts & Special Projects Coordinator
Exempt
Administrative
Assistant Director of Finance
Exempt
Executive
Assistant Planner
Non Exempt
NA
Associate Civil Engineering
Exempt
Professional
Associate Planner
Non Exempt
N/A
Assistant Director of Public Works/Assistant City Engineering
Exempt
Professional
Budget Audit & Revenue Supervisor
Exempt
Executive
Building & Safe Supervisor
Exempt
Executive
Chief Deputy City Clerk
Exempt
Administrative
Communications & Records Manager
Exempt
Executive
Community Center Manager
Exempt
Administrative
Community Development Administrator
Exempt
Administrative
Deputy City Clerk
Non -Exempt
N/A
Deputy Citv Treasurer
Exempt
Administrative
Deputy Director of Aviation - Marketing, Comm, ASD
Exempt
Executive
Deputy Director of Aviation - Operations & Maintenance
Exempt
Executive
Economic Development/Downtown Admin
Exempt
Executive
Emergency Services Coordinator
Exempt
Administrative
Engineering Assistant
Non Exempt
N/A
Enqineering Associate
Exempt
Professional
Financial Analyst, Senior
Exempt
Administrative
Fleet Maintenance Manager
Exempt
Executive
Human Resources Manager
Exempt
Executive
Human Resources Specialist II
Exempt
Administrative
Information Technology Manager
Exempt
Executive
Librarian
Exempt
Professional
Library & Public Services Manager
Exempt
Executive
Library Operations & Collections Manager
Exempt
Executive
Maintenance Supervisor
Exempt
Executive
Payroll Coordinator
Non Exempt
N/A
PC/Network Administrator
Exempt
Computer
PC/Network Administrator, Senior
Exempt
Com Liter
Planning Administration Coordinator
Non Exempt
N/A
Principal Planner
Exempt
Professional
Procurement & Contracting Manager
Exempt
Executive
Procurement Specialist I
Exempt
Administrative
Procurement Specialist II
Exempt
Administrative
Public Works Administrator
Exempt
Administrative
Public Works Inspector, Senior
Non Exempt
N/A
Redevelopment Coordinator
Exempt
Administrative
Special Events CoordinatorNilla efest
Exempt
Administrative
Street Maintenance Superintendent
Exempt
Executive
Systems/Network Admin, Senior
Exempt
Computer
M
MANAGEMENT
ASSOCIATION OF PALM
SPRINGS (MAPS)
cf'
o
eAAM s
� \ ADZ
V1
MEMORANDUM OF
UNDERSTANDING
JULY 1, 2012 - JUNE 305 2014
Management Association of Palm Springs (MAPS)
Memorandum of Understanding
Table of Contents
By Article Number
4. MEETINGS.......................................................................................................................................................... 1
S. PAYROLL DEDUCTION- ASSOCIATION MEMBERSHIP.......................................................................................... 2
6. PRACTICES........................................................................................................................................................ 2
7. MAINTENANCE OF BENEFITS.............................................................................................................................. 2
8. STRIKES AND WORK STOPPAGES....................................................................................................................... 2
9. FEDERAL AND STATE LAWS................................................................................................................................ 3
10. EDUCATIONAL REIMBURSEMENT.................................................................................................................... 3
11. INSURANCE...................................................................................................................................................... 3
12. HEALTH INSURANCE FOR RETIREES.................................................................................................................. 6
13. RETIREMENT.................................................................................................................................................... 7
14. DISPOSITION OF LEAVE AND PAY UPON SEPARATION...................................................................................... 8
15. EDUCATION INCENTIVE PAY............................................................................................................................. 8
16. SALARIES......................................................................................................................................................... 9
17. REDUCTION IN FORCE...................................................................................................................................... 9
18. MILEAGE.......................................................................................................................................................... 9
19. UNIFORM ALLOWANCE.................................................................................................................................... 9
20. ANNUAL LEAVE............................................................................................................................................... 9
21. DRUG POLICY/DRUG SCREENING....................................................................................................................10
22. ACTING OUT OF CLASSIFICATION....................................................................................................................12
23. OVERTIME......................................................................................................................................................13
24. EMPLOYEE SERVICE AWARDS..........................................................................................................................13
25. ASSOCIATION TIME BANK..............................................................................................................................13
26. COMPRESSION................................................................................................................................................13
27. CHANGE OF PAY PERIOD.................................................................................................................................13
28. SALARY ADVANCEMENT ELIGIBILITY...............................................................................................................14
29. BEREAVEMENT LEAVE.....................................................................................................................................14
30. WAIVER OF FURTHER BARGAINING................................................................................................................14
31. FURLOUGHS/WORK SCHEDULE.......................................................................................................................14
32. FLOATING HOLIDAYS......................................................................................................................................14
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2012 — JUNE 30, 2014
This Memorandum of Understanding is entered into with reference to the
following facts:
A. The Management Association of Palm Springs (hereinafter referred to as
"MAPS") is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit ("Unit") as defined in
Section 8.1.6 of the Employer -Employee Relations Resolution, Resolution 16438, as
amended by Resolution 17793.
B. MAPS and the Municipal Employee Relations Representative (hereinafter
referred to as the "MERR") have met and conferred in good faith on wages, hours and
other terms and conditions of employment for the employees represented by MAPS in the
aforesaid group and have reached agreements which are set forth in this Memorandum
of Understanding (hereinafter referred to as the "MOU").
MAPS AND MERR agree as follows:
This MOU constitutes a joint recommendation by MAPS and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing July
1, 2012, and terminating at midnight, June 30, 2014.
3. Negotiations for the 2014-2015 fiscal year can be initiated by either MAPS or the
MERR. The request to initiate negotiations can be in the form of a letter. Requests
must be received no later than March 15, 2014.
4. MEETINGS
4.1.1
MAPS may conduct a Board of Directors meeting once each month at a City facility and
during the workday, not to exceed two hours.
4.2
MAPS may conduct One (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
5. PAYROLL DEDUCTION- ASSOCIATION MEMBERSHIP
5.1
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS's treasurer.
5.2
Employees eligible for membership in MAPS are required to pay the reasonable cost of
employee representation. It is agreed that this amount will be 75% of Association
membership dues. The City of Palm Springs is not required to collect Agency Shop
Dues.
6. PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer -employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. Therefore, it is agreed by
the parties hereto that all such ordinances, resolutions and policies, including, but not
limited to, Sections 4, 5, 6, 7 and 13 of the Employer -Employee Relations Resolution
16438 are hereby incorporated by this reference and made a part hereof as though set
forth in full, and except as provided herein shall remain in full force and effect during the
term hereof. City and Unit members shall continue to have the rights and prerogatives as
set forth in Sections 4, 5, 6, 7 and 13 of Resolution 16438, and nothing in this MOU shall
be deemed in any manner to abridge, restrict or modify the same except as limited by the
Strikes and Work stoppages section of this MOU.
7. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Unit as represented by MAPS shall not be deemed affected by this MOU,
except as specifically modified by provisions hereof or by actions taken in implementation
hereof.
8. STRIKES AND WORK STOPPAGES
8.1 Prohibited Conduct
2
MAPS, its officers, agents, representatives and/or members of the Professional and
Management Unit agree that they will not cause or condone any strike, walkout,
slowdown, sick out, or any other unlawful job action by withholding or refusing to perform
services.
Any Unit member who participates in any prohibited conduct listed above shall be subject
to suspension, demotion, or dismissal by City.
In addition to any other lawful remedies or disciplinary actions available to City, if MAPS
fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, City may suspend any and all rights and privileges accorded to MAPS in
this MOU, including but not limited to suspension of the Grievance Review Procedure and
Dues Deduction.
8.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Unit members engage in
any Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must
immediately cease engaging in conduct prohibited in said Section 8.1 and return to work.
9. FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
10. EDUCATIONAL REIMBURSEMENT
No Unit member shall receive more than $1,500/fiscal year through the Educational
Reimbursement Program.
11. INSURANCE
11.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees' Retirement
Health Care Plan pursuant to the Public Employees' Medical and Hospital Care Act
(PEHMCA), Government Code Sections 22751 et seg () for the provision of health
insurance for members of the unit. The health insurance benefit provided through
3
PEHMCA shall be part of a cafeteria plan in accordance with IRS Code section 125 ("the
Plan") which also includes:
1) Dental Insurance as addressed below in Section 11.3; and
2) Vision Insurance as addressed below in Section 11.5 with a $20 co -pay;
The City will pay the PERS statutory minimum to comply with the Public Employees'
Hospital and Medical Care Act on behalf of all employees and retirees ($112 for 2012,
$115 for 2013 and a yet undetermined amount for beyond 2013. In addition, the
maximum City contribution to the Plan (i.e., health, dental and vision insurance) shall be
determined annually based on the formula that has been used by City which is inclusive
of the PERS statutory minimum. The formula involves taking the rate increase for each
benefit as listed above, and combining them to develop a single rate increase to the
maximum contribution to the categories listed below (i.e., single, two-party, and family).
The current cafeteria plan rates effective January 1, 2012, are:
Category
Maximum
Contribution
Unit Member Only
$ 593/month
Unit Member + 1
$ 1,158/month
-Family
$ 1,568/month
Since the actual amounts above also include the PERS statutory minimum, the actual
amounts provided to employees through the cafeteria plan are the above amounts minus
the PERS statutory minimum for each applicable calendar year.
Effective July 1, 2012, and during the 2013 calendar year, in the event that the premium
changes for health, dental and vision insurance (i.e., the Plan benefits) exceed the City's
maximum rate of contribution by ten percent (10%), the amount of the excess shall be
paid by unit members through a payroll deduction.
Effective January 1, 2014, in the event that the premium changes for health, dental and
vision insurance (i.e., the Plan benefits) exceed the City's maximum rate of contribution
by five percent (5%), the amount of the excess shall be paid by unit members through a
payroll deduction.
The maximum City monthly contribution for the Plan shall be determined by the medical
plan selected (i.e., single, two-party, or family). Should an employee decline medical
coverage, but elect either dental or vision coverage, there will be no Plan excess paid.
The City will, however, pay the premiums for the dental and/or vision coverage/s selected.
In the event a Unit member selects a Plan (per 11.1) which does not require City to make
a maximum contribution, then such unit member shall receive the remainder of the City
4
contribution (up to the maximum of $122.00 per pay period). In no event shall a positive
balance exceed $122.00 per pay period (24 pay periods per year).
11.2 Medical Insurance Withdrawal
Except as provided below, Unit members who elect to purchase health insurance
independent of the Plan, may withdraw from or decline to participate in the Plan by
executing, in writing, an election to withdraw from, a declination to participate in, and/or a
waiver of benefits (as appropriate) on such form as may be required by City.
Unit members who elect not to participate in the Plan beyond the City minimum monthly
contribution will be reimbursed the sum of $122.00 per pay period (24 pay periods per
year).
11.3 Dental Benefits
City agrees to continue dental benefits at level(s) existing under the Safeguard & MetLife
Plans. Although it is possible that the carriers could change, the levels of benefits
through new carriers will be equivalent.
11.4 Life Insurance
Members of the unit will receive $50,000.00 term life insurance coverage and $50,000
accidental death and dismemberment (AD&D) coverage.
11.5 Vision Benefits
City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this
MOU is executed. Although it is possible that the carriers could change, the levels of
benefits through new carriers will be equivalent.
11.6 Domestic Partner Coverage
Legislation passed allowing domestic partners to register with the Secretary of State and
be eligible to enroll in a CalPERS health plan. The law requires the following actions for a
domestic partner to be enrolled in a CalPERS health benefits plan: First, the Secretary
must register the domestic partnership, and provide a Declaration of Domestic
Partnership to the domestic partners. Specified same -sex domestic partnerships
(between persons who are both at least 18 years of age), and specified opposite sex
domestic partnerships (when one person is over the age of 62), are eligible to register
with the secretary.
The CalPERS enrollee must provide a copy of the Declaration of Domestic Partnership
and a signed Statement of Financial Liability (PERS form) to City. CalPERS will use the
5
same enrollment policies for domestic partnerships as currently used for traditional
marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document. Domestic
partner enrollments after the 60 days may be enrolled during the plans next open
enrollment period.
11.7 Short Term Disability
Unit members will be permitted to make premium payments through payroll deductions in
order to maintain a Short Term Disability insurance coverage plan, with no city
contribution to the premium. Participation in the plan is mandatory.
11.8 Long Term Disability
Long Term Disability shall continue to be provided by the City at the benefit level(s)
existing as of the date this MOU is executed. Although it is possible that the carriers
could change, the levels of benefits through new carriers will be equivalent.
12. HEALTH INSURANCE FOR RETIREES
As long as they qualify for coverage with CaIPERS, members of the Unit shall be
permitted to participate in the City -provided group health plans after retirement as a
retiree. For those retirees, the City will only contribute the mandatory minimum monthly
premium as may be required by Ca/PERS for the particular calendar year. .
Tier I - Effective 7/1/1999:
In service employees hired (or received a written offer of employment) prior to September
7, 2005 shall receive health insurance for retirees as follows:
A. After 20 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will contribute an amount of money which shall be called a "retiree
health stipend" in the amount of 75% of the CalPERS premium (minus the PERS
statutory minimum which the City is already contributing on behalf of the retiree to comply
with PEHMCA to reimburse the retiree for his/her health insurance coverage.
B. After 25 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will contribute an amount of money which shall be called a "retiree
health stipend" in the amount of 100% of the CalPERS premium (minus the PERS
statutory minimum which the City is already contributing on behalf of the retiree to comply
with PEHMCA to reimburse the retiree for his/her health insurance coverage.
A
The retiree health stipend as described above will be based on the coverage type (and
limited to single, or two-party) in effect at the time of retirement.
In the event of the employee's death, the City's obligation to continue making health care
contributions will end. The surviving spouse/domestic partner may remain on the plan as
a retiree without a City contribution to the premium.
Tier II — Effective 9/7/2005:
For all new employees initially hired by the City after September 7, 2005, there will be no
City contribution for retiree health benefits (other than the CaIPERS statutory minimum
amount ($112 in 2012, $115 in 2013 and a undetermined amount for 2014). The City will,
for these employees, make a $50.00 per month contribution to an employee Retiree
Health Savings Plan and the associated fixed dollar cost of administration.
13. RETIREMENT
13.1 PERS Contributions
Except as provided below, the City will continue to contract with PERS for the 2.7% @ 55
Formula at no additional cost to the employee.
Effective July 1, 2012, or as soon thereafter as the City can amend its contract with
CalPERS, new employees hired by the City will be hired with the 2 % @ 60 retirement
formula.
Effective July 1, 2012, or as soon thereafter as the City can amend its contract with
CalPERS, the City shall amend its contract with CaIPERS to provide for the three year
average final compensation per Government code 20037 for employees hired after the
effective date of the contract amendment.
13.2 PERS Conversion
City agrees that, pursuant to Government Code Section 20636(c)(4) the Employer -Paid
Member Contribution (EPMC) will be paid by the City and reported to PERS as
compensation earnable for all members of Unit.
Effective as soon as the City Council adopts a resolution modifying the provision of
employer paid member contribution subsequent to July 1, 2012, newly hired employees
to the unit shall pay the employee contribution to CalPERS. That contribution will be eight
percent (8%) if hired per the 2.7% @ 55 formula and seven percent (7%) for those
employees hired after the date the City amends its contract with CalPERS for the 2% @
60 benefit described above in Section 13.1, These employees shall pay their employer
paid member contribution for five years unless otherwise changed by the parties. After
five years of employment with the City, these employees will have their member
contribution paid by the City and reported to CalPERS as compensation earnable.
7
14. DISPOSITION OF LEAVE AND PAY UPON SEPARATION
14.1
Upon separation, a Unit member shall be paid at the member's current salary rate all
unpaid accrued and vested annual leave. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as otherwise
provided by law.
14.2
In the event a member resigns or retires, City and Unit agree that members last
paycheck, including pay out of vested leave, in accordance with this MOU, shall be paid
at the next regularly scheduled pay-day after separation date from City service.
15. EDUCATION INCENTIVE PAY
15.1
Unit members will be eligible to receive an additional 5% of their base salary for a
Master's Degree from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEX) or the U.S. Department of Education ("USDE"), or for
maintaining State or Federal certificates that require Continuing Education Hours.
15.2
Unit members designated by the City Manager may be eligible to receive an additional
5% Notary Certification Pay for being a licensed Notary Public. Designations for "Notary
Certification Pay" for unit members shall be entirely at the City Manager's discretion. The
City Manager will designate a Notary in the Building Department.
15.3
Unit members may be eligible to receive an additional 5% in compensation for their
provision of bilingual services. The City Manager shall determine the language needs as
well as the number of employees eligible for such premium pay. In order to be eligible for
such premium pay, an employee must pass an examination demonstrating fluency in
reading and speaking the desired second language.
Per this article, unit members may only receive one of the following certification premiums
of five percent (5%): Master's Degree, professional certification, notary certification or
bilingual certification.
0
16. SALARIES
Effective January 1, 2014 - employees shall receive a 3% salary increase.
17. REDUCTION IN FORCE
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at same level of employee contribution that was
in effect upon the day of layoff. The City will pay one month's premium directly to
CalPERS, and provide the employee with a check for the additional 5 months premiums.
18. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
19. UNIFORM ALLOWANCE
City agrees to continue to pay a monthly uniform allowance of $125.00 to the
Emergency Services Coordinator and $135.00 to the Animal Control Supervisor, as a
reimbursement for expenses incurred for acquisition and maintenance of uniforms.
20. ANNUAL LEAVE
20.1 Conversion and Definition
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. Annual leave shall substitute for either annual leave or sick leave as covered
under Personnel Rule 6 as amended herein.
20.2 Maximum Accrual and Minimum Usa-ge
There shall be a maximum accrual of 712 annual leave hours for MAPS members in
Group II.
20.3 Annual Leave Cash -In
Unit employees shall have the option of converting accrued and vested annual leave into
cash, without limitation (other than as provided below). Such cash -ins of annual leave
shall be permitted twice a year on the last payday of July and the first payday of
December. Such conversion may be for any amount of accrued and vested annual leave
hours.
20.4 Eligible To Use
Unit members shall be eligible to use annual leave as it is accrued.
20.5 Accrual Rates for Employees Hired Before July 5, 1981
Unit members hired before July 5, 1981 shall accrue and vest 24.67 hours of annual
leave on a monthly basis.
20.6 Accrual Rates for Unit Members Hired After July 5, 1981
Professional and Management Unit members hired on or after July 5, 1981 shall accrue
and vest annual leave on a monthly basis in accordance with the following schedule:
YEARS OF SERVICE
HOURS ACCRUED &
VESTED MONTHLY
O through 5
16
6 through 10
18
11 and after
20.67
20.7 Less than full-time employees
Less than full-time employees will accrue and vest annual leave on a pro -rated basis
based on their allocated full time equivalent.
21. DRUG POLICY/DRUG SCREENING
The parties have a vital mutual interest in maintaining safe, healthful and efficient working
conditions. Being under the influence of a drug or alcohol on the job may pose serious
safety and health risks not only to the user but also to co-workers and the citizens of Palm
Springs. The possession, use or sale of an illegal drug or of alcohol on the job also poses
unacceptable risks for safe, healthful and efficient operations. "On the job" means while
on City premises, at work locations, or while on duty or being compensated on an "on call
status".
MAPS, City, and Unit members recognize that their future is dependent on the physical
and psychological well-being of all employees. MAPS, City, and Unit members mutually
acknowledge that a drug and alcohol -free work environment benefits employees and
citizens and members agree to comply with this policy at such time as a mutually agreed
upon employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
10
21.1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
21.2
When reasonable suspicion exists, the City may require a Unit member to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform his/her job safely is reduced.
21.3
Any manager or supervisor requesting that a Unit member submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall
give the employee a copy. This report must advise the Unit member of his/her right to
representation. Such member shall be given an opportunity to provide additional facts. A
Unit member who is then ordered to submit to a substance abuse screening may request
to be represented. Because time is of the essence in drug screening, a representative
must be available within a reasonable time or the employee will then be ordered to submit
to a substance screening.
Any Professional and Management member who refuses to submit to a substance
screening may be considered insubordinate and shall be subject to disciplinary action up
to and including termination.
21.4
The supervisor, or designee, shall transport the suspected Unit member to the testing
facility. Testing shall occur on City time and be paid for by the City. The facility used for
testing shall be certified by the National Institute of Drug Abuse and comply with
established guidelines for "chain of custody" to insure that identity and integrity of the
sample is preserved throughout the collecting, shipping, testing and storage process.
21.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
Any Unit member who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by City. The employee should be
11
prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if he or she so chooses, a positive test result.
21.6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs which
are clearly marked that they may cause significant drowsiness or impair a Unit member's
performance. Such member shall notify his/her supervisor, before beginning work, when
taking such medications or drugs. In the event there is a question regarding such
member's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be required.
The City reserves the right to send such member home on sick leave under these
circumstances.
21.7
Unit members with substance abuse problems are encouraged to participate voluntarily in
the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by a member with complete confidentiality and without adverse
consequences to his/her employment. Unit members should be aware, however, that a
request for assistance through the EAP will not insulate such member from disciplinary
action already contemplated.
Depending upon the facts surrounding the reasonable
test result, and/or other violation of this policy or
regulations, City will refer such member to the EAP. Su
to such member as an alternative to disciplinary acti
agreement by such member to enroll, participate
rehabilitation and/or counseling program and other
Chance Agreement".
22. ACTING OUT OF CLASSIFICATION
suspicion determination, positive
other City/department rules and
ch referral shall be made available
on. Referral would be subject to
in and successfully complete a
terms and conditions in a "Last
Effective July 1, 2012, on the second (2) consecutive day that a Unit member is required
to perform duties out of his/her designated classification ("acting out of class") such
member shall be entitled to additional compensation equal to the lowest step on the
range of the higher classification which will provide an increase in pay of 5%, but not to
exceed the top step of the classification for which such member is performing acting out
of class duties ("acting pay"). Such acting pay shall be prospective only, commencing on
the second (2) consecutive day such member shall be acting out of class and continuing
thereafter until such member ceases performing acting out of class duties.
12
23. OVERTIME
City agrees that if a Unit member is asked to work more than 40 hours in a week, he/she
is eligible to receive overtime or comp time. If the employee accrues comp time, all
requests for time off will be honored in a timely manner. Unit members shall be required
to log time in and time out. Unit employees may be allowed to flex hours within a work
week, if approved in advance by the Department Head.
23.1 Comp Time
The maximum Compensatory Time accumulation is one hundred (100) hours.
23.2 Standby Pay
Effective July 1, 2012, employees shall be paid for two (2) hours per day for standby
pay at the employee's regular hourly rate and not subject to overtime premium.
Department Heads, Managers and Supervisors placing unit members on standby are
encouraged to provide Unit members with advanced notice (when possible) of
placement on standby.
24. EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members. .
25. ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave time to a MAPS Time Bank.
The Time Bank shall contain a maximum of forty (40) hours available to officers of MAPS
to conduct Association business. Request for use of banked hours shall require a
request from the President of MAPS on M.A.P.S. letterhead authorizing use of Banked
Time.
26. COMPRESSION
City agrees that internal relationships shall be maintained to prevent salary compression
between members of the General Unit and MAPS members.
27. CHANGE OF PAY PERIOD
In the event that all units agree to a change in the pay periods during the term of this
MOU, MAPS agrees to said change, as long as there is no loss of pay due to a change-
over. The parties agree that should the City advance any pay, the said amount of
advance will be deducted from member's last paycheck.
13
28. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that MAPS unit members shall be eligible
for step increases if they have at least a "meets expectation" or higher service rating.
29. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 AND 1.16.3 are modified to the extent that MAPS unit members
shall be granted three (3) scheduled work days (24 hours) in the event of a death in the
"immediate family" of an employee regardless of travel. Effective on June 23, 2012, once
the 4/10 work schedule becomes effective, employees may still be granted up to three (3)
scheduled work days for bereavement leave.
30. WAIVER OF FURTHER BARGAINING
The terms agreed upon by the MOU shall take effect at the time specified herein upon
approval by Resolution of the City Council of the City of Palm Springs and shall remain in
full force and effect until midnight, June 30, 2014.
31. FURLOUGHSIWORK SCHEDULE
The current ten percent (10%) furloughs shall continue into Fiscal Year 12-13 and shall
end on the last day of the last payroll period in June 2013 (which the parties believe will
be June 22, 2013). Effective on the Sunday after furloughs end (which the parties believe
will be June 23, 2013), all employees in the bargaining unit shall be assigned to work a
4/10 work schedule; four consecutive work days followed by three consecutive days off.
After furloughs have expired, a Unit member may request to work a four day — nine hour
work schedule (4/9). Such a request is subject to Department Head approval and once
granted, may be revoked at any time. A decision to deny a request for such a work
schedule is not subject to challenge or grievance. The Department Head has total
discretion as to whether to grant a request for such work schedule and whether the
schedule should continue.
The parties agree that after furloughs end and employees move to a 4/10 work schedule,
City Hall will remain closed on Fridays
32. FLOATING HOLIDAYS
Unit members have one floating holiday per calendar year to use by December 31 of the
calendar year in which it applies. This floating holiday does not accrue and cannot be
cashed out. In 2012, if it is not used, it is lost. Employees must request to use the
floating holiday just like they would request to use annual leave. Department heads have
discretion whether to grant or deny a request to use the floating holiday but given that
such holiday must be used within the fiscal year to which it applies, must exercise that
discretion carefully to ensure that employees can use their floating holiday.
14
32.1 Friday Observed Holidays (and Floating Holiday) After Furloughs End:
Effective June 23, 2013, for employees who follow the observed holiday schedule
(employees who work in the same work group on a Monday through Thursday
schedule), holidays occurring on a Friday (e.g., years when July 4, Christmas or New
Years Day fall on a Friday and every year for the day after Thanksgiving) will not move
to the prior open business day (e.g., the Thursday before or the Wednesday before
Thanksgiving). Rather, for each one of those days, unit members (who would be off
duty on the Friday) will accrue a floating holiday (based on the number of hours they
are assigned relative to a full-time equivalent assignment — i.e., a full time employee
will accrue 10 hours, a 30 hour per week employee will accrue 7.5 hours) for the day.
The floating holiday has no cash value. If it is not used by an employee it is lost if any
such hours are on the books at the time the unit member leaves the City. Employees
may request to use their floating holiday just like a request to use annual leave.
Department Heads have discretion whether to grant or deny a request to use the
floating holiday, but must exercise that discretion carefully to ensure that employees
can use these floating holidays. For employees who follow the calendar date schedule,
they will continue to receive the holiday on the actual date of the holiday.
Effective June 23, 2013, these holidays, including the one floating holiday earned each
January as described in Section 32.1 may accrue up to 50 hours. If an employee has
50 hours of floating holiday leave earned he/she will not earn additional floating holiday
leave until his/her bank is reduced below 50 hours.
15
MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date: Y ZU12.
r
By: P"k
MAPS President Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date: p� /
By: — By:
City Manager
Attest:
By: '�—
City Clerk
16
A�i4Z8�i2
Council Approval:
APPROVED BY L71Y COUNCIL
44La<La �y5�
SIDE LETTER OF AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS
This Side Letter of Agreement is entered into this 6th day of October, 2010,
between the City of Palm Springs (hereinafter the "CITY") and the Management
Association of Palm Springs (hereinafter "MAPS").
RECITALS
The CITY and MAPS previously entered into an agreement entitled
Memorandum of Understanding (MOU) between the Municipal Employee Relations
Representative (MERR) and the Management Association of Palm Springs (MAPS)
representing the Professional and Management Unit, for the period of July 1, 2007
through June 30, 2011.
The parties have met and conferred in good faith and have jointly prepared this
Side Letter of Agreement, and have reached agreements which are set forth in this Side
Letter of Agreement.
AGREEMENT
MAPS AND MERR agree as follows:
SECTION 1. Not withstanding any provisions of the MOU or the City's Personnel
Rules to the contrary, the parties agree to extend the current agreed to HYBRID
FURLOUGH PLAN through June 30, 2012.
All terms of the HYBRID FURLOUGH PLAN agreed to on May 4, 2009 will continue
during this extended period and at the end of the extended period, schedules will revert
back to the original work schedule in place at the time of the furlough. The voluntary use
of leave program for a non -revocable request to leave City service in coordination with the
furlough plan will also continue during the furlough period.
SECTION 2. Effective January 1, 2011, the parties agree to modify personnel
rule 6.4.2 as applicable to this UNIT which provides the holiday schedule for MAPS
employees by deleting Lincoln's Birthday and modifying the title of Washington's
Birthday to President's Day.
The parties also agree that effective January 1, 2011, all employees in the UNIT
will have one floating holiday each calendar year (January 1 — December 31) which
must be used by December 31 of the calendar year to which it applies. The floating
holiday does not accrue as a leave and cannot be cashed out. If it is not used by an
employee it is lost. Employees may request to use their floating holiday just like a
request to use annual leave. Department Heads have discretion whether to grant or
deny a request to use the floating holiday, but given that such holiday must be used
within the fiscal year to which it applies, must exercise that discretion carefully to
ensure that employees can use their floating holiday.
SECTION 3. Section 2 of the MOU is hereby amended to read:
"This MOU recommended to the City Council shall be for the period of July 1,
2007, and terminating at midnight, June 30, 2012."
SECTION 4. MAPS AND MERR agree that the terms of the MOU, as amended,
shall remain unchanged and in full force and effect, except as specifically provided in
this Side Letter Agreement.
MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE:
David H. Ready, Ci ger
Perry M di n, Human Resources Director
ATTEST:
;j'me�Nhompson, City Clerk
APPRO AS TO FORM:
Douglas C. Holland, City Attorney
MANAGEMENT ASSOCIATION OF
PALMSWINGS REPRESENTATIVE:
ick Mozzillo, ssociation President
APPROVED By CITY COUNCIL
-2- 4
SIDE LETTER OF AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS
This Side Letter of Agreement is entered into this 14cn day of June, 2010,
between the City of Palm Springs (hereinafter the "CITY") and the Management
Association of Palm Springs (hereinafter "MAPS").
The CITY and MAPS previously entered into an agreement on May 4, 2009,
entitled Memorandum of Understanding (MOU) between the Municipal Employee
Relations Representative (MERR) and the Management Association of Palm Springs
(MAPS) representing the Professional and Management Unit, for the period of July 1,
2007 through June 30, 2011.
The parties have met and conferred in good faith and have reached agreements
which are set forth in this Side Letter of Agreement.
Not withstanding any provisions of the MOU or the City's Personnel Rules to the
contrary, the parties agree to extend the current agreed to HYBRID FURLOUGH PLAN
(May 2009 to June 30, 2010) through July 31. 2010.
All terms of the HYBRID FURLOUGH PLAN agreed to on May 4, 2009 will
continue during this extended period and at the end of the extended period, schedules
will revert back to the original work schedule in place at the time of the furlough.
MUNICIPAL EMPLOYEE RELATIONS
David H.
UNION REPRESENTATIVE:
—ze-2�-
t
Mike Pow abor Representative
Sue Mills, Runi'a—h Reso ces Director
ATTEST: es Thompson, City Clerk
APPROVED AS TO FORM:
Douglas C. Holland, City Attorney
-1-
x
SIDE LETTER OF AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS
This Side Letter of Agreement is entered into this 5th day of March, 2009,
between the City of Palm Springs (hereinafter the "CITY") and the Management
Association of Palm Springs (hereinafter "MAPS").
The CITY and MAPS previously entered into an agreement entitled
Memorandum of Understanding (MOU) between the Municipal Employee Relations
Representative (MERR) and the Management Association of Palm Springs (MAPS)
representing the Professional and Management Unit, for the period of July 1, 2007
through June 30, 2011.
The parties have met and conferred in good faith and have jointly prepared this
Side Letter of Agreement, and have reached agreements which are set forth in this Side
Letter of Agreement.
SECTION 1: Section 12 of the MOU for the period of July 1, 2007 through June
30, 2011, is hereby amended to read in its entirety:
12. HEALTH INSURANCE FOR RETIREES
As long as they quality for coverage with CaIPERS, each member of the Professional &
Management Unit shall be permitted to participate in the City -provided group health plans
after retirement as a retiree. The City will only contribute the mandatory minimum monthly
premium as may be required by Ca/PERS.
Tier I - Effective 7/1 /1999:
In service employees hired (or received a written offer of employment) prior to September
7, 2005 shall receive health insurance for retirees as follows:
A. After 20 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will reimburse the member 75% of the CalPERS premium for retirees
health insurance coverage. This provision will apply to the current .50 employee (ADA
qualified) who shall be treated as a full time employee for the purposes of this benefit.
B. After 25 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will reimburse the member 100% of the CalPERS premium for retirees
health insurance coverage. This provision will apply to the current .50 employee (ADA
qualified) who shall be treated as a full time employee for the purposes of this benefit.
The City's "reimbursable" contribution as described above will be based on the coverage
type (and limited to single, or two-party) in effect at the time of retirement, with the
exception of PERS Care for which must be in effect for at least twelve (12) months prior to
the time of retirement.
In the event of the employee's death, the City's obligation to continue making health care
contributions will end. The surviving spouse may remain on the plan as a retiree without a
City contribution to the premium.
Tier II — Effective 9/7/2005:
For all employees initially hired by the City after September 7, 2005, there will be no City
contribution for retiree health benefits (other than for any mandatory CaIPERS costs). The
City will, however, make a $50.00 per month contribution to an employee Retiree Health
Savings Plan and the associated fixed dollar cost of administration.
SECTION 2: The parties agree that this Side Letter of Agreement is hereby in full
force and effect upon the CITY implementing the Program to Voluntary Leave Service
for MAPS members as described in Attachment A.
MUNICIPAL EMPLOYEE RELATIONS MANAGEMENT ASSOCIATION OF
REPRESENTATIVE: PALM SPRINGS REPRESENTATIVE:
David H. Ready, ager
Sue Millis, Human esources Director
ATTEST:
me
s Thompson, City Clerk
APPRQV�E' AS TO FORM:
Douglas C. Holland, City Attorney
ick Mozzillo, ' ociation President
APPROVED BY CITY COUNCIL
®3la44 ZcpO9 GS
A s s '13
-2-
- Program to Voluntary Leave Service
e.Ye
Leave Service Program Overview
The City of Palm Springs Voluntary Leave Service Program is created as a means to reduce the workforce, by which a
current full-time employee voluntarily leaves service. The primary goal of the program is to reduce city costs during
this period of financial and economic crisis facing our nation and hopefully reduce the need for the City to undertake
other cost saving measures, including without limitation layoffs. It provides an opportunity for City employees to
voluntarily leave City service and receive financial and other incentives.
Qualifications for the Program
The Leave Service Program will be open to any full-time City of Palm Springs employee, if such employee is
represented by the Management Association of Palm Springs (MAPS) or the SEW Local 721 General Unit (GU). By
completing and submitting the application you are committing to participating in the Program, participation cannot be
rescinded after the City Council ratifies the program.
Program Benefits
If a full-time MAPS or GU City employee participates in the program, the City will pay $30,000 (prior to withholding
taxes) Lump Sum Voluntary Leave Service Pay with the employee's final paycheck. Additionally, all accrued leaves
will be paid pursuant to individual MOU's. The Lump Sum Voluntary Leave Service Pay along with accrued leave
payouts are eligible (if the employee chooses) for deposit in the City's Deferred Compensation Plans, so long as the
annual contribution limits are not exceeded as follows: 401(a) Plan up to $49,000; 457 Plan if under age 50,
contribution up to $16,500; or if over age 50, contribution up to $22,000. Please see Plan Documents for specific
detailed information.
If a full-time MAPS or GU City employee participates in the program, the City will reimburse the employee to maintain
the City group health plan insurance (in effect at the time of filing the application) under COBRA or CALPERS for a
period of up to six (6) months. If the employee otherwise obtains or becomes eligible for other health benefits within
the six (6) months, the City's reimbursement for health benefits will cease prior to the six (6) month period.
If an employee is eligible to retire and chooses to retire, all applicable retirement benefits remain available.
Employees who elect to participate in the program will receive thirty-nine (39) months City service credit, ONLY for
purposes of calculating retiree medical benefits (i.e. if you have 16 years and 9 months City service, for purposes of
calculating your service for retiree medical benefits, you would be provided an additional thirty-nine (39) months, for a
total of 20 years for calculating retiree medical benefits.)
The City of Palm Springs Voluntary Leave Service Program is NOT a PERS "golden handshake" program. City
employees participating in the program will NOT receive additional PERS service credits.
Enrollment Period
In order to be eligible for the Voluntary Leave Service Program, eligible employees must complete the request form
and submit it to the Human Resources Department by Wednesday March 18, 2009 at 5:00 p.m. At the time you
complete your request form you must designate your final day of City service, which can be no later than June 27,
2009.
An employee who submits an application/request for the Program to Voluntary Leave Service may rescind his or her
application prior to ratification of the program by the City Council. After the City Council has ratified the program the
employee is NO longer permitted to rescind his or her choice, and must leave service by the leave service date
committed to by the employee.
Program Implementation
The City of Palm Springs Voluntary Leave Service Program is subject to ratification by the City Council, expected
March 25, 2009. After the deadline to submit applications, the City Manager will review all requests and make a
recommendation to the City Council on the effectiveness of the program in relation to the intended goals. If the City
Council ratifies the program, notification will be made to qualified eligible employees, and the process of voluntary
separation for City service will commence, and each employee will leave service by the date designated on the City
employee request form.
Additional Information
For additional information please contact the Human Resources Department at (760) 323-8216 or via electronic
correspondence (Humanres@palmsprings-ca.gov).
1TY OF PALM SPRINGS, CALIFORNIA
PR` jRAM TO VOLUNTARY LEAVE SERA E
REQUEST FORM
MUST BE FILED IN HUMAN RESOURCES BY MARCH 18, 2009
Name: Employee ID Number:
Department: Position:
(Employee Initial)
I will participate in the City of Palm Springs Voluntary Leave Service Program. I understand
that I must be a current full-time City employee represented by MAPS or the GU.
My last day of City service will be
my last day of service must be no later than June 27, 2009.
(insert date). I understand that
I have been informed and understand that the City of Palm Springs Voluntary Leave Service
Program is voluntary; and if I leave City service, I will be paid $30,000 (prior to withholding taxes)
Lump Sum Voluntary Leave service pay with my final paycheck, in addition to any accrued leave.
I have been informed and understand that the City of Palm Springs Voluntary Leave Service
Program is NOT a PERS "golden handshake" program, and as a participant Voluntary Leave Service
Program I will NOT receive any additional PERS Service credits.
I have been informed and understand that as a participant in the City of Palm Springs
Voluntary Leave Service Program, I will receive thirty-nine (39) months City service credit, ONLY for
the purpose of calculating City medical retirement benefits.
I have been informed and understand that as a participant in the City of Palm Springs
Voluntary Leave Service Program, the City will pay the cost of the City -provided group health plan (in
effect at the time of submitting this application) for a period of up to six (6) months. Should I
otherwise become employed and/or be provided health benefits within six (6) months of leaving
service, the City's payment for the group health benefits will cease prior to the six (6) month period.
I have been informed and understand that the City of Palm Springs Voluntary Leave Service
Program is subject to ratification by the City Council. If the City Council ratifies the program, by this
application I must leave City service by the date indicated above.
I have been informed and understand that I may apply for the City of Palm Springs Voluntary
Leave Service Program between March 4, 2009 and March 18, 2009, and leave City service on the
date indicted above.
I have been informed and understand that I can rescind this application/request prior to
ratification by the City Council (expected March 25, 2009). 1 acknowledge and agree that after the
City Council has ratified the program I am NO longer able to rescind my application, and I commit to
leaving service by the date indicated above, AND THIS REQUEST FORM SHALL BE DEEMED MY
RESIGNATION FROM MY POSITION UNDER THE TERMS PROVIDED IN THIS FORM.
I acknowledge that the City has the right to cancel this program and offer.
My signature below, commits me to my participation in the City of Palm Springs Voluntary Leave Service
Program, if ratified by the City Council.
Employee Signature
Date
SIDE LETTER OF AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS
This Side Letter of Agreement is entered into this 4t" day of May, 2009, between
the City of Palm Springs (hereinafter the "CITY") and the Management Association of
Palm Springs (hereinafter "MAPS").
The CITY and MAPS previously entered into an agreement entitled
Memorandum of Understanding (MOU) between the Municipal Employee Relations
Representative (MERR) and the Management Association of Palm Springs (MAPS)
representing the Professional and Management Unit, for the period of July 1, 2007
through June 30, 2011.
The parties have met and conferred in good faith and have reached agreements
which are set forth in this Side Letter of Agreement.
Not withstanding any provisions of the MOU or the City's Personnel Rules to the
contrary, the parties agree to the implementation of the PROPOSED HYBRID
FURLOUGH PLAN (May 2009 to June 30, 2010) which is attached as Exhibit A.
Holidays during the term of this furlough period will be calculated at 9 hours.
Parties agree that at the end of the Furlough Period, holidays will revert back to 8 hours.
MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE:
2✓
David H. Ready, Ci ger
Sue Mills, a�Res urces Director
MANAGEMENT ASSOCIATION OF
PALM SPRINGS REPRESENTATIVE:
Mike Powell, Labor Representative
Rick Mozzill , Association President
ATTEST:
es Thompson, City Clerk
APPROVED AS TO FORM: Yz-�-�L
DouoasvC. Holland, City Attorney
-1-
2009 Budget Reduction Plan
CITY OF PALM SPRINGS, CALIFORNIA
PROPOSED "HYBRID" FURLOUGH PLAN
May 2009 to June 30, 2010
As part of the 2009 Budget Reduction Plan, the City will be closing
facilities and/or functions thus reducing the work days per work week for
most City Employees represented by MAPS and General Unit. This will result
in one furlough day per pay period. Below is the proposed plan with
schedules which provide that each full time employee works 72 hours per pay
period.
All employees in the following Departments will work a 36 hour week, 72
hours in a pay period:
Monday through Thursday. 9 hours a day with every Friday closed:
City Clerk & Document Management
City Manager
City Council Administration
Public Affairs which includes Channel 17
Finance & Procurement
Human Resources
Information Technology
Building and Safety
Community & Economic Development
Planning Services
Public Works & Engineering including Facilities Maintenance, Fleet
Operations and Street Maintenance. For Co -Gen, see modified work schedule.
N.
The following Departments or Workgroups have modified work
schedules
Airport:
The Airport will be open every day of the year. Each full time employee will
work 72 hours per pay period. Schedules attached.
Fire Department Administration - 2 employees:
One Admin staff employee will work 9 hours a day Monday through Thursday,
with Fridays off, and one will work 9 hours a day Tuesday through Friday
with Mondays off. Each will work 72 hours per pay period.
Library:
The Palm Springs Public Library will be closed every other Wednesday. Each
full time employee will work 72 hours per pay period.
Parks and Recreation:
The Department retains its Monday through Saturday operation. Each
employee will work 72 hours per pay period. Schedules attached.
Police Department:
The Department retains its 7 days per week operations. Each MAPS and
General Unit employee, except for Dispatchers, will work 72 hours per pay
period. See modified work schedules. Dispatchers will continue to work 80
hours per pay period. Schedules attached.
Co -Gen Plant - 3 employees:
• 1 employee furloughed every other Tuesday
• 1 employee furloughed every other Thursday
• 1 employee furloughed every other Friday
Each employee will work 72 hours per pay period.
2
DEFINITIONS
Call Back Pay (General Unit).
A Unit employee called back to work shall be paid a minimum of two (2) hours
per incident, at one and one-half (1 Y2) times such employee's regular hourly
rate.
Holidays falling on a Furlough Day
When a recognized holiday falls on a furlough day, the preceding or following
work day shall be a day off with pay. See Personnel Rules.
Overtime
• Employees shall be compensated for overtime worked at a rate of 50%
above the employee's regular hourly rate for the work performed in
excess of 40 hours per work week.
• The 37th hour worked in any work week through the 401h hour worked
in any work week shall be paid at the employee's regular hourly rate of
pay.
The City, MAPS and the General Unit agree to cooperate in implementation of
the "Hybrid" Furlough Plan.
Attachments:
Parks and Recreation modified work schedules
Airport modified work schedules
Police modified work schedules
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Patrol civilian personnel includes Community Services Officers and Assistant
Community Policing Officer will work four 9-hour days (instead of their current four 10-
hour days)
COMMUNITY SERVICES OFFICER
(CSO) SCHEDULE
SHIFT
Em to ee
Sun
I Mon
I Tue
Wed
Thu
Fri
Sat
Days
0630-
1530
Palmer
X
X
X
X
Crochetiere
X
X
X
X
Late
jDa1100Bias
2000Fitzsimmons
X
X
X
X
X
X
X
X
ASSISTANT
COMMUNITY
POLICING OFFICER
SCHEDULE
Day
Shift
Employee
Sun
Mon
Tue
Wed
Thu
Fri
Sat
0630-
Cyphers
X
X
X
X
1530
CUSTODY OFFICER SCHEDULE
Day shift
0700- 1600 (3)
Late Day
1100- 2000 (1)
Swing shift
1600- 0100 (2)
Graveyard
2200- 0700 (3)*
*NOTE: Long term IOD on one Custody Officer, who will be gone until June, 2009.
This leaves one person less on graveyard shift to avoid overtime.
Detective Bureau personnel would work four 9-hour days (instead of their current four
10-hour days). Rangemaster schedule would vary with times noted to cover all patrol
officer shifts.
DETECTIVE BUREAU
SHIFT
Employee
Title
Mon
Tue
Wed
Thu
Fri
0700-
1600
Bosler, S.
Sr. Secretary
X
X
X
X
Farrance, H.
Sr. Secretary
X
X
X
X
DeLaRosa, A.
Crime Analyst
X
X
X
X
P e, S.
Property Tech
X
X
X
X
Harris, S.
CSO
X
X
X
Johnson, J.
Crime Scene Tech.
X
X
X
X
X
10600-1500
1400-2300
Menley, C.
Rangemaster
X
X
X
X
Animal Control personnel would work four 7-hour days plus one 8-hour day per week
(instead of their current five 8-hour days). Shelter Hours open to the public would be
reduced; new hours: 0900-1500 Monday through Friday;
0900-1200 Saturday; closed Sunday. NOTE: Currently Hugh Wright and Dennis Lynn
are off on extended medical leave with no anticipated date of return. The schedule
below is prepared without these two employees and will be revised upon their return.
With reduced staff hours the Shelter may need to close to the public more than one
day per week.
ANIMAL CONTROL
- PROPOSED
SCHEDULE
Employee
Title
Sun
Mon
Tue
Wed
Thu
1
Fri
Sat
Petersen
AC
0800-
0800-
0800-
0800-
0700-
Supervisor
1700
1600
1600
1600
1500
Nickerson
AC
0700-
0800-
0800-
0800-
0800-
Officer
1400
1600
1600
1700
1600
Klomhaus
Shelter
0700-
0700-
0700-
0700-
0700-
Attendant
1500
1500
1500
1600
1600
Forte
(PT)Shelter
0700-
0700-
0700-
Attendant
1500
1100
1500
AC
Wright
Officer
Assistant
Lynn
AC Ofcr
J
Proposed Records Schedule with all working four 9-hour days (instead of their current
four 10-hour days). Lobby Hours open to the public: 0800-1700 Monday through
Saturday; Closed on Sunday
RECORDS SECTION
Em to ee
Sun
Mon
Tue
Wed
Thu
Fri
Sat
0600-
0600-
0600-
0600-
Elias
1500
1500
1500
1500
0600-
0600-
0600-
0600-
Whittaker
1500
1500
1500
1500
0700-
0700-
0700-
0700-
Herlihy
1600
1600
1600
1600
0800-
0800-
0800-
0800-
Benstead S yr
1700
1700
1700
1700
0800-
0800-
0800-
0800-
Moroney
1700
1700
1700
1700
0900-
0900-
0900-
0900-
Kelly
1800
1800
1800
1800
0900-
0900-
0900-
0900-
Casas
1800
1800
1800
1800
1000-
1000-
1000-
1000-
Govreau
1900
1900
1900
1900
100-
1000-
1000-
1000-
Green
1900
1900
1900
1900
2130-
2130-
2130-
2130-
Calderon
0630 1
0630
0630
1 0630
Administrative personnel would work four 9-hour days (instead of their current four 10-
hour days). The Administrative Assistant would also work four 9-hour days.
ADMINISTRATION
SHIFT
Employee
Title
Mon
Tue
Wed
Thu
Fri
McCutcheon
Police Records
X
X
X
X
Technician
Melanson, D
Comm & Records
X
X
X
X
Manager
0700-
Montante
Administrative
X
X
X
X
1600
Assistant
Notte, C.
Senior Secretary
X
X
X
X
Sawyer
Community
X
X
X
X
Services Officer
N
CITY OF PALM SPRINGS FY 2007-08
MANAGEMENT ASSOCIATION OF PALM SPRINGS SALARY SCHEDULE (MAPS)
2.5% Between Ranges; 5% Between Steps
RANGE
WAGE RATE
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
67
Hourly
$
42.72
$
44.90
$
47.16
$
49.55
$
52.02
Bi-weekly$
3 417.69
$
3,591.69
$
3,772.62
$
3,963.69
$
4,161.69
Monthly$
7,405
$
7 782
$
8,174
$
8,588
$
9,017
Annual
$
88,8601
$
93,3841
$
98,0881
$
103,0561
$
108 204
68
Hourly
$
43.79
$
46.01
$
48.36
$
50.78
$
53.32
Bi-weekly$
3,603.54
$
3,680.77
$
3,868.62
$
4,062.46
$
4,265.54
Monthly
$
LB
$
7,975
$
8,382
$
8,802
$
9,242
Annual
$
91,092,
$
95,700
$
100,584
$
105,624
$
110,904
69
Hourly
$
44.90
$
47.16
$
49.55
$
52.02
$
54.61
Bi-weekly$
3,591X9
$
3 772.62
$
3,963.69
$
4,161.69
$
4,368.92
Monthly
$
7,782
$
8,174
$
$ 588
$
9,017
$
9,466
Annual
$
93,384,
$
98 088
$
103 056
$
108,204
$
113,592
70
Hourly
$
46.01
$
48.36
$
60.78
$
53.32
$
55.98
Bi-weekly$
39680,77
$
3 868.62
$
4,062.46
$
4,265.54
$
4,478.31
Monthly
$
7,975
$
8,382
$
8 802
$
9,242
$
9,703
Annual
$
95,700
$
100,584
$
105,624
$
110,904
$
116,436
7
Hourly
$
47,16
$
49.52
$
52.02
$
54.61
$
57.34
Bi-weekly$
3772.62
$
3961.38
$
4,161.69
$
4,368.92
$
4,587.23
Monthly
$
8,174
$
8,583
$
9,017
$
9,466
$
9,939
Annual
$
98,088
$
102,996
$
108204
$
113,592
$
119,268
72
Hourty
$
48.36
$
60.78
$
53.32
$
55.98
$
58.78
Bi-weekly$
3,868.62
$
4,062.46
$
4,265.54
$
4,478.31
$
4,702.15
Monthly
$
8,382
$
8,802
$
9,242
$
9,703
$
10,188
Annual
$
100,584
$
105,624
$
110,904
$
116,436
$
122,256
73
Hourly
$
49.52
$
52.02
$
54.61
$
57.34
$
60.20
Bi-weekly$
3 961.38
$
41161.69
$
4,358.92
$
4,587.23
$
4,816.15
Monthly
$
8,583
$
9,017
$
9,466
$
9,939
$
10 435
Annual
$
102,996
$
108,204
$
113,692
$
119,268
$
125,220
74
Hour1
$
50.78
$
53.32
$
55.98
$
58.78
$
61.71
Bi-weekIV
$
49062.46
$
4,265.54
$
4 478.31
$
4,702.15
$
4,937.08
Monthly
$
8 802
$
9,242
$
9,703
$
10,188
$
10,697
Annual
$
105,624,
$
110,904,
$
116,436
$
122,256
$
128,364
75
Hours
$
52.02
$
54.61
$
57.34
$
60.20
$
63.21
Bi-Weekly
$
4,161,69
$
4 368.92
$
4,587.23
$
4,816.15
$
5 056.62
Monthly
$
9,017
$
9 466
$
9 939
$
10,435
$
10,956
Annual
$
108,204
$
113,592
$
119,268
$
125,220
$
131,472
Current Ranges for MAPS
,U% Cola Increase approved by Council Odober24, 2007. Effective July 1, 2007
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2007 — JUNE 30, 2011
This Memorandum of Understanding is entered into with reference to the
following facts:
A. The Management Association of Palm Springs (hereinafter referred to as
"MAPS") is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit as defined in Section
8.1.6 of the Employer -Employee Relations Resolution, Resolution 16438, as amended by
Resolution 17793.
B. MAPS and the Municipal Employee Relations Representative (hereinafter
referred to as the "MERR") have met and conferred in good faith on wages, hours and
other terms and conditions of employment for the employees represented by MAPS in the
aforesaid group and have reached agreements which are set forth in this Memorandum
of Understanding (hereinafter referred to as the "MOU").
MAPS AND MERR agree as follows:
This MOU constitutes a joint recommendation by MAPS and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing July
1, 2007, and terminating at midnight, June 30, 2011.
3. Negotiations for the 2011-2012 fiscal year can be initiated by either MAPS or the
MERR. The request to initiate negotiations can be in the form of a letter. Requests
must be received no later than March 15, 2011.
4. MEETINGS
4.1.1
MAPS may conduct a Board of Directors meeting once each month at a City facility and
during the workday, not to exceed two hours.
ORIGINAL
4.2
MAPS may conduct One (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
5. PAYROLL DEDUCTION- ASSOCIATION MEMBERSHIP
5.1
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS's treasurer.
5.2
Employees of the City of Palm Springs eligible for membership in MAPS are required to
pay the reasonable cost of employee representation. It is agreed that this amount will be
75% of Association membership dues. The City of Palm Springs is not required to collect
Agency Shop Dues.
5.3
New employees of the City of Palm Springs eligible for membership in MAPS shall be
presented with membership materials including payroll deduction authorization at the
employee's orientation conducted by the City.
6. PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer -employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. Therefore, it is agreed by
the parties hereto that all such ordinances, resolutions and policies, including, but not
limited to, Sections 4, 5, 6, 7 and 13 of the Employer -Employee Relations Resolution
16438 are hereby incorporated by this reference and made a part hereof as though set
forth in full, and except as provided herein shall remain in full force and effect during the
term hereof. City and the employees of the Professional and Management Unit shall
continue to have the rights and prerogatives as set forth in Sections 4, 5, 6, 7 and 13 of
Resolution 16438, and nothing in this MOU shall be deemed in any manner to abridge,
restrict or modify the same except as limited by the Strikes and Work stoppages section
of this MOU.
7. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Professional and Management Unit as represented by MAPS shall not be
1►
deemed affected by this MOU, except as specifically modified by provisions hereof or by
actions taken in implementation hereof.
8. STRIKES AND WORK STOPPAGES
8.1 Prohibited Conduct
MAPS, its officers, agents, representatives and/or members of the Professional and
Management Unit agree that during the term of this MOU, they will not cause or condone
any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or
refusing to perform services.
Any such Professional and Management Unit member who participates in any prohibited
conduct listed above shall be subject to suspension, demotion, or dismissal by City.
In addition to any other lawful remedies or disciplinary actions available to City, if MAPS
fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, City may suspend any and all rights and privileges accorded to MAPS in
this MOU, including but not limited to suspension of the Grievance Review Procedure and
Dues Deduction.
8.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Professional and
Management Unit members engage in any Prohibited Conduct, MAPS shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of this
MOU and unlawful, and they must immediately cease engaging in conduct prohibited in
said Section 8.1 and return to work.
9. FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect. The parties to this MOU agree to comply
with the provisions of the Americans with Disabilities Act and the Family Rights Act.
Personnel rules regarding temporary military duty are deemed to be amended to reflect
state law. Personnel Rules regarding Military Leave are also deemed to be amended to
reflect state law.
3
10. EDUCATIONAL REIMBURSEMENT
No Professional and Management Unit member shall receive more than $1,500/fiscal
year through the Educational Reimbursement Program.
11. INSURANCE
11.1 Optional Benefit Plan
City agrees to continue to enroll with and subscribe to the Public Employees Retirement
Health Care Plan, and to maintain an Optional Benefits Plan pursuant to the Public
Employees' Medical and Hospital Care Act, Government Code Sections 22751 et sea
(simply the Plan). The options available through the Plan shall include the following
items:
1) Health Insurance through the CalPERS Health Plans;
2) Dental Insurance through either Safeguard or MetLife Dental;
3) Fully insured Vision Coverage with $20 co -pay; and
4) Supplemental Life Insurance.
The maximum City contribution to the Plan shall be determined annually based on the
formula that has been used by City. The formula involves taking the rate increase for
each benefit as listed above, and combining them to develop a single rate increase to the
maximum contribution to the Plans listed below (i.e., single, two-party, and family).
The current Optional Benefit Rates effective January 1, 2007, are:
At any time during the term of this MOU, premium increases exceeding 10% for the
health or dental program shall be paid by the employee.
The maximum City monthly contribution for the Optional Benefit Plan shall be determined
by the medical plan selected (i.e., single, two-party, or family). Should an employee
decline medical coverage, but elect either dental or vision coverage, there will be no
Optional Benefit excess paid. The City will, however, pay the premiums for the dental
and/or vision coverage/s selected.
In the event a member of the Professional & Management Unit selects a Plan (per 11.1)
which does not require City to make a maximum contribution, then such unit member
shall receive the remainder of the City contribution (up to the maximum of $122.00 per
pay period). In no event shall a positive Optional Benefit balance exceed $122.00 per pay.
period (24 pay periods per year).
11.2 Medical Insurance Withdrawal
Except as provided below, Professional & Management Unit members who elect to
purchase health insurance independent of the Plan, may withdraw from or decline to
participate in the Plan by executing, in writing, an election to withdraw from, a declination
to participate in, and/or a waiver of benefits (as appropriate) on such form as may be
required by City.
Effective October 14, 2005, Unit members who elect not to participate in the Plan
beyond the City minimum monthly contribution will be reimbursed the sum of $122.00
per pay period (24 pay periods per year).
11.3 Dental Benefits
For the term of this MOU, City agrees to continue dental benefits at level(s) existing under
the Safeguard & MetLife Plans.
11.4 Life Insurance
For the term of this MOU, the amount of coverage will be $50,000.00 term life, plus
$50,000 accidental death and dismemberment (AD&D) per member in the Unit. City
contributions to the existing Life Insurance Plan will be continued at the benefit level(s)
existing as of the date this MOU is executed.
11.5 Vision Benefits
For the term of this MOU, City agrees to provide Vision Coverage at the benefit level(s)
existing as of the date this MOU is executed.
11.6 Domestic Partner Coverage
Legislation passed allowing domestic partners to register with the Secretary of State and
be eligible to enroll in a CalPERS health plan. The law requires the following actions for a
domestic partner to be enrolled in a CalPERS health benefits plan: First, the Secretary
must register the domestic partnership, and provide a Declaration of Domestic
Partnership to the domestic partners. Specified same -sex domestic partnerships
(between persons who are both at least 18 years of age), and specified opposite sex
domestic partnerships (when one person is over the age of 62), are eligible to register
with the secretary.
5
Second, the employer (City of Palm Springs) must elect to provide the CalPERS health
benefit plan to the employee's or retiree's domestic partner. Public Agency employers
must submit a change Resolution to apply the benefit. City agrees to elect and adopt a
change Resolution.
Third, the CalPERS enrollee must provide a copy of the Declaration of Domestic
Partnership and a signed Statement of Financial Liability (PERS form) to City. CalPERS
will use the same enrollment policies for domestic partnerships as currently used for
traditional marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document. Domestic
partner enrollments submitted later than 60 days after domestic partner registration are
considered late enrollments with PERS and must wait 90 days from the date the
enrollment request was received by the employer. The effective date of coverage is the
first day of the month following the 90 day waiting period.
11.7 Short Term Disability
Professional and Management Unit
payments through payroll deductions
insurance coverage plan, with no city
plan is mandatory.
11.8 Long Term Disability
members will be permitted to make premium
in order to maintain a Short Term Disability
contribution to the premium. Participation in the
Long Term Disability shall continue to be provided by the City at the benefit level(s)
existing as of the date this MOU is executed.
12. HEALTH INSURANCE FOR RETIREES
As long as they quality for coverage with Ca/PERS, members of the Professional &
Management Unit shall be permitted to participate in the City -provided group health plans
after retirement as a retiree. For those retirees, the City will only contribute the mandatory
minimum monthly premium as may be required by Ca1PERS.
Tier I - Effective 7/1/1999:
In service employees hired (or received a written offer of employment) prior to September
7, 2005 shall receive health insurance for retirees as follows:
A. After 20 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will reimburse the member 75% of the CaIPERS premium for retirees
health insurance coverage. This provision will apply to the current .50 employee (ADA
qualified) who shall be treated as a full time employee for the purposes of this benefit.
B. After 25 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will reimburse the member 100% of the CaIPERS premium for retirees
health insurance coverage. This provision will apply to the current .50 employee (ADA
qualified) who shall be treated as a full time employee for the purposes of this benefit.
The City's "reimbursable" contribution as described above will be based on the coverage
type (and limited to single, or two-party) in effect at the time of retirement.
In the event of the employee's death, the City's obligation to continue making health care
contributions will end. The surviving spouse may remain on the plan as a retiree without
a City contribution to the premium.
Tier II — Effective 9/7/2005:
For all new employees initially hired by the City after September 7, 2005, there will be no
City contribution for retiree health benefits (other than for any mandatory CalPERS costs).
The City will, however, make a $50.00 per month contribution to an employee Retiree
Health Savings Plan and the associated fixed dollar cost of administration.
13. RETIREMENT
13.1 PERS Contributions
The City will continue to contract with PERS for the 2.7% @ 55 Formula at no additional
cost to the employee for the term of this MOU.
13.2 PERS Conversion
City agrees that, pursuant to Government Code Section 20636 (c)(4) pursuant to Section
20691, normal member contributions (EPMC) Employer -Paid Member Contributions will
continue to be paid by the employer, City of Palm Springs, and reported to PERS as
additional compensation for all members of Unit. City will continue to make all PERS
mandated Employer -Paid Employer Contributions ("EPEC").
14. DISPOSITION OF LEAVE AND PAY UPON SEPARATION
7
14.1
Upon separation, an employee shall be paid at the employee's current salary rate all
unpaid accrued and vested annual leave. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as otherwise
provided by law.
14.2
In the event a member resigns or retires, City and Unit agree that members last
paycheck, including pay out of vested leave, in accordance with this MOU, shall be paid
at the next regularly scheduled pay-day after separation date from City service.
15. EDUCATION INCENTIVE PAY
15.1
Professional and Management Unit members will be eligible to receive an additional 5%
in compensation for a Master's Degree from a college or university accredited by either
the Council for Higher Education Accreditation ("CHEA") or the U.S. Department of
Education ("USDE"), or for maintaining State or Federal certificates that require
Continuing Education Hours.
15.2
Professional and Management Unit members designated by the City Manager may be
eligible to receive an additional 5% Notary Certification Pay for being a licensed Notary
Public. Designations for "Notary Certification Pay" for unit members shall be entirely at
the City Manager's discretion. During this contract, the City Manager will designate a
Notary in the Building Department.
15.3
Professional and Management Unit members may be eligible to receive an additional 5%
in compensation for their services as a bilingual. The City Manager shall determine the
language needs as well as the number of employees eligible for such premium pay. In
order to be eligible for such premium pay, an employee must pass an examination
demonstrating fluency in reading and speaking the desired second language.
Professional and Management Unit members are only eligible to receive either one of
notary or bilingual pay, but shall not receive both concurrently.
n.
16. SALARIES
Effective July 1, 2007 - employees shall receive a 3.5% Cost of living allowance ("COLA")
salary increase based on Los Angeles -Riverside -Orange Co, CA CPI Index.
June 29, 2008 — COLA equal to the CPI from April 1, 2007 to April 1, 2008 but not less
than 3% and no more than 5% based on Los Angeles -Riverside -Orange Co, CA CPI
Index.
June 28, 2009 - COLA equal to the CPI April 1, 2008 to April 1, 2009 but not less than 3%
and no more than 5% based on Los Angeles -Riverside -Orange Co, CA CPI Index.
June 27, 2010 - COLA equal to the CPI April 1, 2009 to April 1, 2010 but not less than 3%
and no more than 5% based on Los Angeles -Riverside -Orange Co, CA CPI Index.
Median and classification adjustments shall be made as set forth in Amendment #3 to the
2007-08 Allocated Position and Compensation Plan adopted by Resolution 21907 for
Fiscal Year 2007-08. MAPS agrees to make no further reclassification requests for the
term of this contract, notwithstanding anything to the contrary in Section 26 of this MOU. In
the event the Airport reorganization does not go forward, parties agree to reopen on these
Classifications.
17. REDUCTION IN FORCE
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at same level of employee contribution that was
in effect upon the day of layoff. The City will pay one month's premium directly to
CaIPERS, and provide the employee with a check for the additional 5 months premiums.
18. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
19. UNIFORM ALLOWANCE
City agrees to continue to pay a monthly uniform allowance of $125.00 to the
Emergency Services Coordinator and $135.00 to the Animal Control Supervisor, as a
reimbursement for expenses incurred for acquisition and maintenance of uniforms.
20. ANNUAL LEAVE
20.1 Conversion and Definition
E
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. For employees in MAPS, annual leave shall substitute for either annual leave or
sick leave as covered under Personnel Rule 6 as amended herein.
20.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for MAPS members in
Group II. Such members in Group II shall take at least eighty (80) hours of accrued and
vested annual leave per calendar year. If fewer than eighty (80) hours of annual leave
are taken, accrual of annual leave shall stop until the eighty (80) hours minimum usage
has been taken.
20.3 Annual Leave Cash -In
Unit employees shall have the option of converting accrued and vested annual leave into
cash, without limitation (other than as provided below). Such cash -ins of annual leave
shall be permitted twice a year on the last payday of July and the first payday of
December. Such conversion may be for any amount of accrued and vested annual leave
hours.
20.4 Eligible To Use
Full-time Professional and Management Unit members in Group II shall be eligible to use
annual leave as it is accrued.
20.5 Accrual Rates for Employees Hired Before July 5, 1981
Professional and Management Unit members in Group II hired before July 5, 1981 shall
accrue and vest annual leave on a monthly basis in accordance with the following
schedule:
YEARS OF SERVICE
HOURS ACCRUED & VESTED
MONTHLY
O through 5
16
6 through 10
18
11
20.67
12
21.34
13
22
14
22.67
15
23.34
16
24
17 and after
24.67
10
20.6 Accrual Rates for Unit Members Hired After July 5, 1981
Professional and Management Unit members in Group II hired on or after July 5, 1981
shall accrue and vest annual leave on a monthly basis in accordance with the following
schedule:
YEARS OF SERVICE
HOURS ACCRUED &
VESTED MONTHLY
O through 5
16
6 through 10
18
11 and after
20
20.7 Half-time employees
Half-time employees will accrue and vest both annual leave and sick leave, on a pro-
rated basis as follows:
REGULAR
20-hour week = % accrual
30-hour week = % accrual
21. DRUG POLICY/DRUG SCREENING
The City of Palm Springs and the Professional and Management Unit members have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under
the influence of a drug or alcohol on the job may pose serious safety and health risks not
only to the user but also to co-workers and the citizens of Palm Springs. The possession,
use or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for
safe, healthful and efficient operations. "On the job" means while on City premises, at
work locations, or while on duty or being compensated on an "on call status".
MAPS, City, and Professional and Management Unit members recognize that their future
is dependent on the physical and psychological well being of all employees. MAPS, City,
and Professional and Management Unit members mutually acknowledge that a drug and
alcohol -free work environment benefits employees and citizens and members agree to
comply with this policy at such time as a mutually agreed upon employee assistance
program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
11
21.1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
21.2
When reasonable suspicion exists, the City may require a Unit member to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform his/her job safely is reduced.
21.3
Any manager or supervisor requesting a Professional and Management member to
submit to a substance screening shall document in writing the facts constituting
reasonable suspicion and shall give the employee a copy. This report must advise the
Professional and Management member of his right to representation. Such member shall
be given an opportunity to provide additional facts. Professional and Management
member who is then ordered to submit to a substance abuse screening may request to
be represented. Because time is of the essence in drug screening, a representative must
be available within a reasonable time or the employee will then be ordered to submit to a
substance screening.
Any Professional and Management member who refuses to submit to a substance
screening may be considered insubordinate and shall be subject to disciplinary action up
to and including termination.
21.4
The supervisor, or designee, shall transport the suspected Professional and Management
member to the testing facility. Testing shall occur on City time and be paid for by the City.
The facility used for testing shall be certified by the National Institute of Drug Abuse and
comply with established guidelines for "chain of custody" to insure that identity and
integrity of the sample is preserved throughout the collecting, shipping, testing and
storage process.
21.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
Any Professional and Management member who tests positive on a confirmatory test will
12
be given the opportunity to discuss the results with a physician to be designated by City.
The employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so chooses, a
positive test result.
21.6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs which
are clearly marked that they may cause significant drowsiness or impair a Professional
and Management member's performance. Such member shall notify his/her supervisor,
before beginning work, when taking such medications or drugs. In the event there is a
question regarding such member's ability to safely and effectively perform assigned duties
while using such medications or drugs, clearance from a physician designated by the City
may be required. The City reserves the right to send such member home on sick leave
under these circumstances.
21.7
Professional and Management members with substance abuse problems are encouraged
to participate voluntarily in the City -sponsored Employee Assistance Program (EAP).
Assistance through the EAP may be sought by a Professional and Management member
with complete confidentiality and without adverse consequences to his/her employment.
Professional and Management member should be aware, however, that a request for
assistance through the EAP will not insulate such member from disciplinary action already
contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last
Chance Agreement".
22. ACTING OUT OF CLASSIFICATION
On the sixth (6) consecutive day that a Professional and Management Unit member is
required to perform duties out of his/her designated classification ("acting out of class")
such member shall be entitled to additional compensation equal to the lowest step on the
range of the higher classification which will provide an increase in pay of 5%, but not to
exceed the top step of the classification for which such member is performing acting out
of class duties ("acting pay"). Such acting pay shall be prospective only, commencing on
13
the sixth (6) consecutive day such member shall be acting out of class and continuing
thereafter until such member ceases performing acting out of class duties.
23. OVERTIME
City agrees that if a member of the Professional and Management Unit is asked to work
more than 40 hours in a week, the liability for paid overtime or comp time will be incurred.
All requests for time off will be honored in a timely manner, either by granting the time off
or by granting pay in lieu of time off. Professional & Management Unit members shall be
required to log time in and time out. Unit employees may be allowed to flex hours within a
work week, if approved in advance by the Department Head.
23.1 Comp Time Cap
Effective July 26, 2006, the maximum Compensatory Time accumulation is one hundred
(100) hours. Commencing July 26, 2006, MAPS members with compensatory time
accumulation in excess of the new 100 hour accumulation cap will have all hours in
excess of 100 placed into a special bank that will exist for three years. During the three
years, employees can draw against or cash out on a semi-annual basis from this special
bank until all hours are exhausted. If the special bank is not exhausted by the end of
three years, then the City will cash out and eliminate the special leave bank effective the
cash out December 2009.
24. EMPLOYEE SERVICE AWARDS
The City will continue the Service Awards program for MAPS members.
25. ASSOCIATION TIME BANK
Members represented by MAPS shall be permitted to donate leave time to a MAPS Time
Bank. The Time Bank shall contain a maximum of forty (40) hours available to officers of
MAPS to conduct Association business. Request for use of banked hours shall require a
request from the President of MAPS on M.A.P.S. letterhead authorizing use of Banked
Time. Membership participation is voluntary.
26. COMPRESSION
For the term of this MOU, City agrees that internal relationships shall be maintained to
prevent salary compression between members of the General Unit and MAPS members.
27. CHANGE OF PAY PERIOD
In the event that all units agree to a change in the pay periods during the term of this
MOU, MAPS agrees to said change, as long as there is no loss of pay due to a change-
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over. MAPS also agree that should the City advance any pay, the said amount of
advance will be deducted from member's last paycheck.
28. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that MAPS unit members shall be eligible
for step increases if they have at least a "meets expectation" or higher service rating.
29. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 AND 1.16.3 are modified to the extent that MAPS unit members
shall be granted three (3) scheduled work days (24 hours) in the event of a death in the
"immediate family" of an employee regardless of travel.
30. CHANGES DURING TERM AND REOPENER
Re -opener - July 1, 2008 to consider a mandatory "employee only" contribution to the
Retirement Health Savings Account.
30.1 Waiver of Further Bargaining
The terms agreed upon by the MOU shall take effect at the time specified herein upon
approval by Resolution of the City Council of the City of Palm Springs and shall remain in
full force and effect until midnight, June 30, 2011.
MUNICIPAL EMPLOYEE RELATIONS MANAGEMENT ASSOCIATION OF
REPRESENTATIVE PALM SPRINGS REPRESENTATIVE
Date:
._
By
City Manage
"Human Resources Di for
ATTES :
Clerk
By
ity Attorney
15
By
Labor Representative
By
Ass ocia President
APPROVED BY CITY COUNCIL