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HomeMy WebLinkAbout24967RESOLUTION NO. 24967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIREFIGHTERS ASSOCATION AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS FOR THE PERIOD JULY 1, 2021, THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATIONS EXECUTING THE MEMORANDUMS OF UNDERSTANDING. WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) with authority to meet and confer in good faith on matters within the scope of representation including wages, hours, and other terms and conditions of employment; and WHEREAS, the City Negotiation Team has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Firefighters Association ("PSFA") and the Management Association of Palm Springs ("MAPS"); and WHEREAS, as a result of such good faith negotiations, the City Negotiation Team have reached agreement with PSFA and MAPS on the terms and conditions of a Memorandum of Understanding ("MOU") governing employees of the City of Palm Springs within such Associations; and WHEREAS, PSFA, MAPS and the City Negotiation Team jointly recommend adoption of such MOUs by the City Council; THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Memorandum of Understandings between PSFA and the City, for the period July 1, 2021 through June 30, 2023, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding. SECTION 2. That the Memorandum of Understandings between MAPS and the City, for the period July 1, 2021 through June 30, 2023, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding. SECTION 3. The City Manager is authorized and directed to fulfill any meet and confer process(es) in accordance with these changes and execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney. Resolution No. 24967 Page 2 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 13th DAY OF January, 2022. 'I JUSTIN tLIFTON, CIV MANAGER CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24967 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on January 13, 2022, by the following vote: AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tem Garner, and Mayor Middleton NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 10n day of ythony J. Meji MM Clerk ty of Palm Spriggs, Calif rnia Resolution No. 24967 Page 3 PALM SPRINGS FIREFIGHTERS ASSOCIATION (PSFA) �0 QALM S� \ Ali U to * C'41 /FOR��P* MEMORANDUM OF UNDERSTANDING July 1, 2021 - June 30, 2023 Resolution No. 24967 Page 4 The Palm Springs Firefighters Association Memorandum of Understanding July 1, 2021 - June 30, 2023 GENERAL PROVISIONS.......................................................................................................................................1 ARTICLE1, TERM..................................................................................................................................... 1 ARTICLE 2, RECOGNITION...................................................................................................................... 1 ARTICLE 3, PRACTICES........................................................................................................................... 1 ARTICLE 4, FEDERAL AND STATE LAWS............................................................................................... 1 ARTICLE 5, MAINTENANCE OF BENEFITS............................................................................................. 2 COMPENSATION/OTHER PAY............................................................................................................................. 3 ARTICLE 6, BASE SALARIES................................................................................................................... 3 ARTICLE 7, OTHER COMPENSATION..................................................................................................... 3 ARTICLE8, OVERTIME............................................................................................................................. 9 ARTICLE 9, PAYROLL CHANGES..........................................................................................................11 ARTICLE10, UNIFORMS........................................................................................................................11 ARTICLE 11, MILEAGE REIMBURSEMENT ........................................... ERROR! BOOKMARK NOT DEFINED. BENEFITS.............................................................................................................................................................13 ARTICLE 12, HEALTH, DENTAL, VISION AND OTHER INSURANCE ................................................... 13 ARTICLE 13, HEALTH INSURANCE FOR RETIREES............................................................................ 15 ARTICLE 14, RETIREMENT....................................................................................................................16 ARTICLE 15, IRS 125 PLAN....................................................................................................................17 ARTICLE 16, EDUCATIONAL REIMBURSEMENT.................................................................................17 WORKHOURS/ LEAVE.......................................................................................................................................18 ARTICLE17, LEAVE................................................................................................................................ 18 ARTICLE 18, PAYMENT IN LIEU OF HOLIDAYS.................................................................................... 20 ARTICLE 19, SICK LEAVE....................................................................................................................... 20 ARTICLE 20, FORTY HOUR CONVERSION........................................................................................... 21 ARTICLE 21, SHIFT TRADING................................................................................................................ 21 ARTICLE 22, VACATION RELIEF............................................................ ERROR! BOOKMARK NOT DEFINED. ARTICLE 23, STAFFING.......................................................................................................................... 21 EMPLOYER/EMPLOYEE RELATIONS............................................................................................................... 22 ARTICLE 24, NON -TOBACCO USE REQUIREMENT............................................................................. 22 ARTICLE 25, CERTIFICATION................................................................................................................ 22 ARTICLE 26, DMV PHYSICALS.............................................................................................................. 22 ARTICLE 27, BOMB SEARCH................................................................................................................. 22 ARTICLE 28, SIDA BADGES................................................................... ERROR! BOOKMARK NOT DEFINED. ARTICLE 29, ELECTRONIC COMMUNICATION GUIDELINES ............. ERROR! BOOKMARK NOT DEFINED. ARTICLE 30, STRIKES AND WORK STOPPAGES................................................................................ 22 ARTICLE 31, LAYOFF AND RECALL...................................................................................................... 23 ARTICLE 32, GRIEVANCE PROCEDURE.............................................................................................. 23 ARTICLE 33, DISCIPLINARY APPEALS PROCESS............................................................................... 25 ARTICLE 34, ASSOCIATION BUSINESS BANK..................................................................................... 30 ARTICLE 35, NO REQUEST FOR CHANGES DURING TERM............................................................... 30 ARTICLE 36, REQUIREMENT TO LIVE WITHIN 75 MILES OF THE CITY LIMITS ................................. 30 ARTICLE 37, JOINT LABOR MANAGEMENT COMMITTEE................................................................... 31 Resolution No. 24967 Page 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS FIREFIGHTERS ASSOCIATION JULY 1, 2021 — JUNE 30, 2023 GENERAL PROVISIONS ARTICLE 1, TERM The PALM SPRINGS FIREFIGHTERS ASSOCIATION and the CITY OF PALM SPRINGS (hereinafter referred to as the "City") agree as follows: A. This Memorandum of Understanding (hereinafter referred to as "MOU") shall be for the period of July 1, 2021, through June 30, 2023 provided, however, that specific sections of this MOU shall have later effective dates as specified herein. ARTICLE 2, RECOGNITION This MOU is entered into with reference to the following facts: B. Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et. seq., the City of Palm Springs (hereinafter referred to as the "City") continues to recognize the Palm Springs Firefighters Association (hereinafter referred to as the "Association") as the exclusively recognized employee organization for employees in the following classifications: Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire Captain and Fire Captain/ Paramedic C. The Association and the City have met and conferred in good faith on wages, hours, and other terms and conditions of employment and have reached agreements which are set forth in this MOU. ARTICLE 3, PRACTICES It is understood that existing ordinances, resolutions, and policies of the 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 Resolution No. 24967 Page 6 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 employees represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof. 2 Resolution No. 24967 Page 7 COMPENSATION/OTHER PAY ARTICLE 6, BASE SALARIES Effective the pay period following Council approval of this MOU, unit members in the classifications of Firefighter and Firefighter/Paramedic shall receive a two percent (2.0%) salary increase. Effective June 5, 2022, unit members in the classifications of Firefighter and Firefighter/Paramedic shall receive a two and one half percent (2.5%) salary increase. Unit members in the classifications of Fire Engineer, Fire Engineer/Paramedic, Fire Captain Fire Captain/Paramedic shall receive a two percent (2.0%) 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 four thousand dollars ($4,000.00) 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. ARTICLE 7, OTHER COMPENSATION 7.1 Administrative Captain Assignment Pay Employees at the rank of Fire Captain who are assigned as an Administrative Captain shall receive assignment pay at the rate of seven percent (7%). The parties agree that to the extent permitted by law, Administrative Captain Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Special Assignment Pay. 7.1.1 Assignment to Administrative Captain The parties agree that Fire Prevention Captain is an assignment in the classification of Fire Captain subject to the following: A. Employees in the assignment work 40 hours per calendar week and receive overtime compensation per this MOU for hours worked in excess of their regular scheduled hours in the calendar week. B. Employees in the assignment are still subject to the 24-day FLSA work period pursuant to the Section 7(k) partial overtime exemption provided for in Article 8. C. The Fire Prevention Captain may work overtime shifts in suppression (full or partial as needed) as long as the overtime does not interfere with the Fire Prevention Captain's regular assigned duties, special assigned overtime duties or shifts. Pay for work on such shifts is at the 56-hour rate for the classification at which the employee works. Resolution No. 24967 Page 8 D. Employees at the rank of Fire Captain shall be selected for the assignment of Fire Prevention Captain following the provision of interest cards to the Deputy Chief. If no one is selected based on the provision of interest cards or if no employees submit interest cards for the assignment, the Fire Chief may assign an employee to the assignment. If that occurs the non -probationary Fire Captain with the least seniority will be selected for the assignment. E. Employees who enter the assignment of Administrative Captain (either by being selected following the provision of interest cards or by being assigned) will be required to stay in the assignment for a minimum of two (2) years from the date of entry into the assignment. If, after two (2) years, no other Fire Captain has expressed interest in the assignment, and if the incumbent in the assignment wants to stay in the assignment, the incumbent may stay in the assignment until another Fire Captain expresses interest in the assignment and is selected. However, if, after serving in the assignment for two years, the employee no longer wants to remain in the assignment, there will be a new selection process and another employee will be selected using the selection process described above paragraph D. F. Any Fire Captain in the assignment of Administrative Captain is not precluded at any time from seeking a promotion while in the assignment. If the employee is promoted while in the assignment, the employee will leave the assignment upon promotion. 7.2 Bilingual Pay The City agrees to provide bilingual pay to up to six (6) employees per shift who are bilingual and who possess bilingual skills as set forth in this section Employees hired prior to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to five percent (5%) for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees 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. Employees hired after July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to two hundred and fifty dollars ($250) per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees 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. 4 Resolution No. 24967 Page 9 Employees who possess bilingual skills in American Sign Language will receive the full pay of two hundred and fifty dollars ($250) per month for bilingual pay by passing the examination, but there will not be the same examination as for other languages (i.e., a speaking and listening and a writing bilingual proficiency examination). Such employees are subject to the same recertification requirements provided in this section. The examinations shall be developed and administered by the City to demonstrate fluency in writing and speaking and listening the desired second language. If the City decides to make any changes in the examinations, it will first inform the Association who may raise any impacts related to the changes. All employees 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 employees when they are required to re -test. An employee 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 employee 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 employee does not pass that recertification examination, the employee 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 employees when they are required to re -test. An employee receiving the pay who does not pass both recertification examinations is not qualified to receive bilingual pay. If this occurs, the employee may be replaced by another employee who has passed either examination. If there are no other employees who are certified to receive bilingual pay for either skill, the employee may take the recertification examinations in both skills after waiting at least three (3) months after taking the initial recertification examinations to which the employee did not pass. If the employee passes one of the two examinations, they shall the respective incentive pay (2.5% or $125 per month) for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee 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. The parties agree that to the extent permitted by law, Bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 7.3 Training Officer Pay Employees except for Fire Captains who have specialized training which qualify them to teach other members of the department during sanctioned or scheduled training events will be compensated five percent (5%) of base pay (for the entire 24-hour shift) for each day they teach. Secondary instructors may also be compensated 5% of base pay (for the entire 24-hour shift) for teaching with the primary instructor. On or off duty class preparation time does not qualify for Training Officer Pay, and the Battalion Chief has the authority to determine who receives the training officer pay. 5 Resolution No. 24967 Page 10 Courses and instructors must be identified prior to the class and must be approved by the Battalion Chief. Employees must receive advanced approval to from their supervisor to prepare for class off duty. Classes approved for Training Officer Pay are: • Swift Water Rescue • Trench Rescue • Confined Space Rescue • High and Low Angle Rescue • Fire Control III • Haz Mat Decon • Haz Mat FRO Additional classes may be authorized with the approval of the Fire Chief. The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium. 7.4 Scott Air Pak Technician One Firefighter or Fire Engineer from each shift (three maximum) shall be designated as an approved department ScottTM Self Contained Breathing Apparatus (SCBA) Technician and receive five percent (5%) of base pay as incentive pay. The technicians are required to obtain their ScottTM SCBA repair training, initial certification, and recertification at the department's expense in order to receiving incentive pay. Each certified technician must maintain ScottTM training and certification per ScottTM requirements and meet the requirement of the department's supervising Fire Captain in order to stay in the program. Each technician shall be assigned at the discretion of the Fire Chief. The Battalion Chief has the ability to temporarily transfer the technician to other stations as needed for staffing and training purposes. After six (6) years as a technician receiving incentive pay, other employees on that shift may request to enter the program and become a certified ScottTM technician. If a new employee is selected, the existing technician will no longer receive incentive pay once the new person has received their certification. If the existing technician requests to remain in the program and another employee wishes to become a technician, the position will be given to the new candidate provided they have been recommended by the ScottTM supervising Captain and the shift Battalion Chief. If no other member on the shift wants to become a technician, the existing technician may stay in the program for another six -year term. Existing ScottTM technician's must notify the SCBA Captain and the shift Battalion Chief six (6) months before their 2-year ScottTM certification expires if they wish to drop out of the program prior to completing the full six -year term. 1.1 Resolution No. 24967 Page 11 The department will make every effort to keep ScottTM technicians assigned to their respective shifts however that cannot be guaranteed. If two (2) or more technicians are assigned to the same shift, the department may require the transferring technician to forfeit their incentive pay upon the next recertification, so that another shift can have a technician assigned. In order to enter the program, a member must submit a memo in writing to the shift Battalion Chief stating the reasons why they would be a good Scott TM technician. Applications will be reviewed by the SCBA supervising Captain, and the shift Battalion Chief. An oral interview may also be required. A final recommendation will be given to the Fire Chief who will make the decision. 7.5 Emergency Callback Pay Employees called back to work to respond to an emergency will receive a minimum of four (4) hours callback pay. Employees shall be compensated for their travel time to respond to the emergency up to a maximum of one (1) hour. This pay for travel time pay is part of the minimum of four hours. 'Emergency' shall be defined as engaging or combating fires, floods, accidents, or involvement in other disaster operations, but shall not include coverage for minimum staffing or regularly scheduled or prescheduled, non - emergency work or duty time. The employee must take this compensation as pay, not compensatory time off. When employees work to respond to an emergency, the time shall be compensated at time and one half their regular rate of pay. For non -emergency worktime, employees shall be paid overtime if they qualify for overtime per Article 8 of this MOU. Employees who are called back to work to cover for another employee who is absent (generally employees called back through Telestaff) are not entitled to travel time back to the City. However, if an employee is called back to address an emergency (defined as engaging or combating fires, floods, accidents, or involvement in other disaster operations, but shall not include coverage for staffing per Article 23 or regularly scheduled or prescheduled, non -emergency work or duty time) shall receive up to a maximum of one hour (1) of travel time to return to the City for the emergency. There is no travel time to return home. Travel that occurs once at work (i.e., during the workday) is compensable. 7.6 Shift Fire Investigator Pay Upon completion of the certification requirements of the California Office of the State Fire Marshal certification program for fire investigators, unit members assigned as a Shift Fire Investigator shall receive five percent (5%) of base pay. The Fire Chief retains discretion to assign qualified employees to this assignment. A maximum of two (2) employees on each shift (for a total of six (6)) may qualify for this assignment. The following prerequisites are to be completed in order to receive Shift Fire Investigator pay: 7 Resolution No. 24967 Page 12 1. Complete Shift Fire Investigator interview and assignment process as outlined by the Fire Chief. 2. Complete the CA State Fire Training Prerequisites for Fire Investigator: a) Basic Electricity b) Ethics and the Fire Investigator c) Introduction to Evidence d) Motive, Means, and Opportunity: Determining Responsibility in an Arson Case e) Interview and Interrogation course #31445 (40 hours) (POST) f) PC 832 Arrest #80102 (40 hours) (POST) The parties agree that to the extent permitted by law, the pay in this article is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Investigator Premium. 7.7 Actinal Pa Employees who are required to work in higher classification for a period in excess of two (2) hours in any workday shall receive acting pay as follows: If the employee works two (2) through twelve (12) hours, the employee shall receive pay equivalent to five percent (5%) for 12 hours at the employee's regular hourly rate of pay. The parties agree that to the extent permitted by law, acting pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) temporary upgrade pay. If the employee works more than twelve and up to twenty-four hours, the employee shall receive five percent (5%) for 24 hours at the employee's regular hourly rate of pay. Unit members elected to work out of classification as Fire Engineers, Fire Captains or Fire Battalion Chiefs are those members who have successfully passed the examination for promotion to the position of Fire Engineer, Fire Captain, or Fire Battalion Chief. Those individuals who have successfully completed their task book for the position of Fire Engineer, Fire Captain or Fire Battalion Chief are also eligible to work out of classification if a member who has successfully passed the examination for promotion is unavailable to work out of class. Firefighters, Fire Engineers and Captains are required to act as Fire Engineers, Fire Captains and Fire Battalions Chiefs when called upon to do so. 7.8 Education Incentive Pa 7.8.1 Educational Degrees City agrees to compensate Firefighters and Fire Engineers an additional 5% of base pay for an Associate's Degree, 7.5% of base pay for a Bachelor's Degree, or 10% of base pay for a Master's degree from a college or university accredited by either or both the Council for Higher Education Accreditation ("CHEA") and/or the U.S. Department of Education H1. Resolution No. 24967 Page 13 ("USDE"). Fire Captains receive 2.5% for a Bachelor's Degree, or 5% of base pay for a Master's Degree. The pays for earning a degree are not are not cumulative. An employee can only receive one level of pay for a degree. 7.8.2 Educational Certifications City agrees to compensate Firefighters and Fire Engineers 2.5% of base pay for a State Fire Officer's Certificate. This 2.5% pay will also be provided if a Firefighter or Fire Engineer has completed the mandatory course work to obtain the California Office of State Fire Marshal (OSFM) Company Officer Task Book, currently Company Officer 2A, 2B, 2C, 2D, 2E, and Instructor 1 courses. City agrees to compensate Fire Captains 2.5% of base pay for a State Chief Fire Officer's Certificate. The 2.5% pay will also be provided if a Fire Captain has completed the mandatory course work to obtain the California Office of State Fire Marshal (OSFM) Chief Fire Officer Task Book, currently Chief Fire Officer 3A, 313, 3C, 3D and ICS-300. The parties agree that to the extent permitted by law, the pays in this article are special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Pay. 7.9 Longevity Pay: Effective on the first day of the pay period following City Council approval of this MOU, employees in this bargaining unit shall receive longevity pay based on their years of service in a classification represented by this bargaining unit as an employee of the City of Palm Springs (time served in another agency does not count) as follows: 10 years —11 years and 364 days — 2.5% 12 years —13 years and 364 days — 3.5% 14 years —15 years and 364 days — 4.5% 16 years —17 years and 364 days — 6.0% 18 years —19 years and 364 days — 7.5% 20 years or more — 10% These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level. The parties agree that to the extent permitted by compensation and shall be reported as such pursuant to Longevity Pay. ARTICLE 8, OVERTIME 8.1 Work Period law, longevity pay is special Title 2 CCR, Section 571(a)(1) The employees in the unit work a 24-day FLSA work period in accordance with Section Resolution No. 24967 Page 14 7(k) of the Fair Labor Standards Act (FLSA). Per the 24-day work period, overtime shall be compensated at time and one-half for the work performed in excess of one hundred and eighty two (182) hours in the work period. 8.2 "48/96" WORK SCHEDULE Fire suppression personnel work a "48/96" work schedule. The "48/96" work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) off -duty. 8.3 Hours Worked For employees hired on or before December 31, 2012, all compensated time off shall be counted as time worked for purposes of computing overtime. For employees hired after January 1, 2013, sick leave does not count as hours worked for purposes of computing overtime. In calculating hours worked where sick leave has been used, the City will look at each 14-day pay period separately to determine if overtime is owed. However, other forms of compensated time off shall be counted as hours worked for purposes of computing overtime. 8.4 TeleStaffTM The Fire Department will continue to use TeleStaffTM, an automated staff scheduling software system to administer overtime whenever more than twelve (12) overtime hours are available. The Association shall be represented on the Fire Department "TeleStaffTM Software Committee" to assist in the design, implementation, and resolution of issues related to the program's use. Telestaff shall follow rules outlined in the Palm Spring Fire Department's policies and procedures manual. 8.5 Declining an Overtime Assignment Employees who are offered an overtime assignment may decline that overtime assignment without losing their position on the overtime assignment list. 8.6 Contract Overtime Contract overtime (i.e., special detail work for another employer that is arranged by and contracted through the City) shall be paid rather than accrued as compensatory time off. 8.7 Compensatory Time Off Employees assigned to shift duty shall not accumulate compensatory time off (CTO) in excess of one hundred and ninety two (192) hours. Upon separation, all unpaid accrued CTO will be paid at the employee's regular rate of pay. By December 15 of each year, employees may make an irrevocable election to cash out up to 192 hours of CTO that they may earn in the following calendar year. In the following year, the employee can receive the cash for CTO they irrevocably elected to cash out in 10 Resolution No. 24967 Page 15 either two (2) separate increments of up to 96 hours or one (1) increment of 192 hours. The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day on December (assuming they have earned it) 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 CTO 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 off CTO the employee has earned at the time of the cash out. If an employee makes an irrevocable election to cash out CTO in the following calendar year and uses CTO in that subsequent year, the CTO 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 a CTO balance prior to January 1, the CTO used will not result in a reduction in the amount of CTO the employee will be eligible to cash out. Employees with compensatory time off banks of 192 hours must use compensatory time off to lower the time in their bank below 192 hours to be able to accrue additional compensatory time off. Requests to use more than twelve (12) hours of compensatory time will be granted if reasonable notice is given as long as granting the leave is not unduly disruptive to the Department. Unduly disruptive is defined by Department of Labor regulation 29 CFR section 553.25(d). ARTICLE 9, PAYROLL CHANGES The Department will not process payroll changes that are less than a full 24-hour shift for members after the shift is complete at 8:00 a.m. on payroll Friday. Payroll changes will be made for individuals who have full 24-hour shifts to be debited or credited. All other payroll adjustments will be carried forward to the following pay period including emergency callback. Employees who work overtime must determine by 8:00 p.m. on the shift whether they want to receive the overtime as pay or compensatory time off for the shift and must communicate their decision to the shift Battalion Chief on duty. Changes in such determination by the employee will not be accepted after 8:00 p.m. on the shift. ARTICLE 10, UNIFORMS 10.1 Uniform Allowance City agrees to pay a uniform allowance of $125.00/month to each employee as a reimbursement for expenses incurred for acquisition and maintenance of uniforms. The parties agree that to the extent permitted by law, uniform allowance shall be reported to CaIPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special 11 Resolution No. 24967 Page 16 compensation, the value of the uniforms for a unit member employed on or before December 31, 2012. "New members" as defined under the Public Employees' Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation. 10.2 Class "A" Dress Uniforms All employees are required to purchase and possess an approved "Class A" dress uniform upon completion of their first year of probation as a full time member of the Palm Springs Fire Department. Thirty (30) days after the employee has completed probation, they are to submit a receipt to their supervisor to be forwarded to the Fire Chief verifying that the uniform has been ordered and purchased. Employees wishing to have the City pay the initial cost of the uniform shall order the uniform from an approved supplier. The approved supplier will then invoice the City for the full cost of the uniform and the employee will then pay back the City for the full cost of the uniform in twelve (12) equal installments deducted from their pay check. Only one City sponsored purchase can be made for the uniform. If the employee wishes to purchase additional uniform accessories at a later time, or from another supplier, they must pay for those items without City assistance. 12 Resolution No. 24967 Page 17 BENEFITS ARTICLE 11, HEALTH, DENTAL, VISION AND OTHER INSURANCE This article sets forth various insurance benefits available to Unit members. The amounts provided by the City for health, dental and vision insurance for 2021 are set forth below. In the event that the premium charges for the health, dental or vision benefits exceed the total premium costs for the prior year by four percent (4%) or more, the amount of the excess shall be paid by the Unit member through a payroll deduction. Each calendar year, the City will pay up to a four percent (4%) increase above the prior year's premium rates. The Association acknowledges that the City's agreement to pay up to four percent (4%) 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, 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. The above explanation of the health, vision and dental contributions are described with the following example involving the 2019-2022 rates: A. In 2019, the Blue Shield single party rate was $1051.17. B. In 2020, the rate increased by 3.90% to $1092.17. C. In 2020, the City paid the 3.90% increase = $41.00 increase and the employee paid the remainder. Thus, in 2020, the premium rate was $1092.17 and the City paid $966.68 + $41.00 = $1007.68 and the employee paid $84.49. D. In 2021, that same rate went down to $1077.72. This was a 1.32% decrease over the 2020 rate. The parties agree that it was the City's responsibility to pay the first 4% of the 2021 increase on top of the 2020 premium. Since the 2020 rate was $1092.17, and 1.32% of that amount $14.45, the City's decrease for 2021 is $14.45 which is subtracted from what it was paying in 2020. $1007.68 -14.45 = $993.23. The employee pays no increase for 2021 as the premium amount did not exceed the 4% that the City contributes. E. For 2022, the City will pay the amount of any increase in the health insurance up to 4% over the 2021 premium of $1077.72. That increase (if any) will be added to the City's 2021 contribution of $993.23. Vision and Dental Insurance are calculated exactly the same way as described above for health insurance. 13 Resolution No. 24967 Page 18 11.1 Health, Dental and Vision Insurance Employees shall remain in the City's medical plan for Police and Fire Employees, which is currently Blue Shield of California, and shall not be eligible for any other City insurance plan for the duration of this MOU. The City agrees to contribute up to the amounts below for calendar year 2021 for employees toward health (including hospitalization and drug coverage), dental and vision insurance. Employees will sign verification of dependent eligibility annually at open enrollment. City Contribution for 2020 Type of Coverage Health Dental Vision Single Party $1.007.68 $37.07 $13.42 Two -Party $1.934.22 $53.47 $13.42 Family $2.049.65 1$79.52 1 $13.42 City Contribution for 2021 Type of Coverage Health Dental Vision Single Party $993.23 $37.07 $13.42 Two -Party $1906.49 $53.47 $13.42 Family $2020.26 $79.52 $13.42 City Contribution for 2022 Type of Coverage Health Dental Vision Single Party $1.025.56 $38.37 $13.42 Two -Party $1968.55 $56.20 $13.42 Family $2086.02 $84.36 $13.42 The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier. 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 14 Resolution No. 24967 Page 19 Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California). 11.2 Term Life Insurance The City agrees to provide Term Life Insurance coverage at no cost to employees in the amount of fifty thousand dollars ($50,000). ARTICLE 12, HEALTH INSURANCE FOR RETIREES A. Tier I" — Applicable to All Employees Hired Before November 1, 2006 For an employee who retires from the City after 20 years of continuous service, the City shall pay 75% of the cost of "retirees" health premium plan being covered at the time of retirement. For an employee who retires from the City after 25 years of continuous service, the City shall pay 100% of the cost of "retirees" health premium plan being covered at the time of retirement. The City will pay up to family coverage. A Tier 1 employee who retires from active service as a Palm Springs employee who has not completed 20 years of City service shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan provided in Article 11. All employees eligible for retiree medical benefits who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions. B. "Tier II" —Applicable to All Employees Hired on or After November 1, 2006 For all employees hired after November 1, 2006, there will be no City contribution for retiree health benefits. The City will contribute $100.00 per month (which is increased to $150 per month effective on the first day of the month following City Council approval of this 2021-2023 MOU) for each such employee to a Retiree Health Savings Plan (during employment). The City will pay the administrative costs of this Plan. A Tier 2 employee who retires from active service as a Palm Springs employee, shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan. 15 Resolution No. 24967 Page 20 ARTICLE 13, RETIREMENT 13.1 Retirement Formula Employees (and not "new members" as defined by the Public Employees' Pension Reform Act of 2013 - PEPRA) hired prior to December 17, 2011 are covered by the 3% @ 50 formula provided for by the Public Employees' Retirement Law at Government Code section 21362.2. These employees' retirement will be calculated pursuant to the optional benefit (in the City's contract with CalPERS) of single highest twelve month period. Employees (and not "new members" as defined by the Public Employees' Pension Reform Act of 2013 - PEPRA) hired on or after December 17, 2011 are covered by the 3% @ 55 formula provided for by the Public Employees' Retirement Law at Government Code section 21363.1. These employees' retirement will be calculated pursuant to the optional benefit (in the City's contract with CalPERS) of single highest twelve month period. Employees who are defined as "new members" under the PEPRA, are covered by the 2.7% @ 57 formula provided for by the PEPRA at Government Code section 7522.25(d). 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). 13.2 Employee Contributions to the Retirement System A. Employees subject to the 3% @ 50 and 3% @ 55 formula: Employees shall pay their nine percent (9%) member contribution. These employees shall also pay three percent (3%) compensation earnable for cost sharing in accordance with Government Code section 20516(a). B. Employees subject to the 2.7% @ 57 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. 13.3 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 and cost share is made on a pre-tax basis. 13.4 Optional Benefits The City contracts with CalPERS for the following optional benefits: 16 Resolution No. 24967 Page 21 A. Pre -retirement death benefits to continue after remarriage of survivor — Government Code section 21551 B, Death Benefit — Government Code section 21620 C. Post Retirement Survivor Allowance — Government Code sections 21624/26/28 and 21635 D. 1959 Survivor Benefit Level 4— Government Code section 21574 Employees pay the employee premium for this benefit. E. Military Relocation Credit - Government Code section 21024 F. Sick Leave Credit - Government Code section 20965 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 14, IRS 125 PLAN The City agrees to provide an IRS 125 health care and dependent care reimbursement Plan for employees. Employees who subscribe to the plan shall pay the Plan Administrator's fees. ARTICLE 15, EDUCATIONAL REIMBURSEMENT Employees shall be entitled to receive up to $2,000 per fiscal year for courses either approved through the Tuition Reimbursement Program or for other work -related courses approved in advance at the discretion of the Fire Chief and the Human Resources Director. However, the City shall budget for the Tuition Reimbursement Program and once the funds in the budget for the Program have been exhausted by employees accessing the funds, no additional funds for tuition reimbursement are required to be paid. 17 Resolution No. 24967 Page 22 WORK HOURS/ LEAVE ARTICLE 16, VACATION 16.1 Accrual and Vestinq Employees shall accrue vacation annually on the anniversary of the individual's most recent hire date, with the first accrual being made after one (1) year of continuous service. There shall be no monthly prorating. After one (1) year of continuous service, said accrual shall be made monthly in accordance with the appropriate vacation accrual schedule. 16.2 Accrual Rates for 56-hour Workweek Shift Employees Firefighters and Fire Engineers assigned a fifty-six (56) hour shift workweek shall accrue vacation at the following rates: Completion of Continuous Years of Service Shift Hours Accrued For Each Full Month 1 Through 5 12 6 Through 10 16 11 Through 15 20 16 and after 22 Fire Captains assigned a fifty-six (56) hour shift workweek shall accrue vacation at the followinq rates: Completion of Continuous Years of Service Shift Hours Accrued For Each Full Month 0 Through 5 16.8 6 Through 10 19.6 11 and after 22.5 16.3 Accrual Rates for 40-hour workweek Employees Firefighters and Fire Engineers assigned a forty (40) hour workweek shall accrue vacation at the following rates: Completion of Continuous Years of Service Hours Accrued For Each Full Month Worked 1 Through 5 8.57 6 Through 10 11.43 11 Through 15 14.29 16 and after 15.71 18 Resolution No. 24967 Page 23 Fire Captains assigned a forty (40) hour workweek shall accrue vacation at the following rates: Completion of Continuous Years of Service Hours Accrued For Each Full Month Worked 0 Through 5 12 6 Through 10 14 11 and after 16 16.4 Maximum Accrual of Vacation Employees assigned a fifty-six (56) hour shift workweek shall not accrue vacation hours beyond the maximum of four hundred fifty-six (456) hours. Employees assigned to a forty (40) hour workweek shall not accrue vacation hours beyond the maximum of three hundred twenty-five and seventy-one hundredths (325.71) hours. An employee who has accrued the maximum hours of vacation will not continue to accrue vacation hours until they use vacation to reduce their accrual below the maximum accrual. An employee cannot accrue vacation hours above the specified maximum accrual. 16.5 Vacation Cash -Out By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of vacation that 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 vacation 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 16 hours per month — 192 hours per year, 96 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 in 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 vacation 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 vacation the employee has accrued at the time of the cash out. If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out. 16.6 Vacation While on Occupational Iniury Leave or Sick Leave Employees who are on an occupational injury leave or sick leave and reach the maximum 19 Resolution No. 24967 Page 24 vacation accrual may request a temporary lifting of the maximum four hundred fifty-six (456) hours accrual by giving written notice to the Chief. In such cases, the member shall be permitted to continue to accrue vacation over four hundred fifty-six (456) hours from the time such notice is given until the next regular vacation cash out date. On the next regular vacation cash out date, the employee must cash out at least all vacation in excess of four hundred fifty-six (456) hours or the employee will lose such excess hours. The employee will not be entitled to accrue vacation in excess of four hundred fifty-six (456) hours on and after the date of the next regular vacation cash out date. Members on occupational injury leave or sick leave may cash out their vacation pursuant to Article 16.5. This paragraph shall apply on a per injury basis. 16.7 Vacation Usa-ge A maximum of five suppression personnel with a maximum of three per rank shall be permitted to use vacation per shift. 16.8 Disposition of Accrued & Vested Vacation Upon Termination Upon termination, all accrued and vested annual leave will be paid at the employee's current hourly rate. All accrued and vested vacation of deceased members shall be paid to the estate of said deceased except as otherwise provided by law. ARTICLE 17, PAYMENT IN LIEU OF HOLIDAYS In lieu of all City recognized holidays, employees shall be paid 5.14 hours (for employees working the suppression shift of an average of 56 hours per week) and 3.67 (for employees working a 40-hour per week assignment) per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate. The parties agree that to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) holiday pay. ARTICLE 18, SICK LEAVE 18.1 Accrual Rates Employees shall accrue sick leave as follows: • 56-hour rate (suppression rate) at 12 hours per month. • 40-hour rate for employees assigned to a 40 hour per week schedule — 8.57 hours per month. 18.2 Sick Leave Maximum Accrual Sick leave shall accrue to a maximum of three (3) months or seven hundred and twenty 20 Resolution No. 24967 Page 25 (720) hours (514.29 hours for employees on a 40-hour shift). Notwithstanding the preceding sentence, if an employee's accrued sick leave reaches 720 hours, (514.29 hours for employees on a 40-hour shift) they will continue to accrue sick leave in that calendar year subject to the following: An employee may cash out any accrued sick leave above 720 hours (514.29 hours for employees on a 40-hour shift) in the last pay period in July, if an employee still has sick leave on the books in excess of 720 hours (514.29 hours for employees on a 40-hour shift) by the pay day for the first pay period of December, the unused sick leave above 720 hours (514.29 hours for employees on a 40-hour shift) shall be compensated by a cash payment on the pay day for the last pay period in December in an amount equal to the member's straight time hourly rate of pay for those unused accumulated sick leave hours. 18.3 Sick Leave Cash Out at Retirement Employees shall be paid for all accrued, vested and unused sick leave upon a public safety service or disability retirement. Per Article 13.4, employees also have the option to convert unused sick leave to credit. ARTICLE 19, FORTY HOUR CONVERSION Employee leave benefits (vacation, compensatory time and sick leave) shall be converted to accommodate those members who work an average of forty (40) hours per week (shift hours/1.4 = 40 hour conversion). Fire Captains who convert from a 56-hour per week suppression shift assignment to a 40-hour per week assignment shall have their leave accruals divided by 1.4 when entering that assignment. Fire Captains who convert from a 40-hour per week assignment to a 56 hour per week suppression shift assignment shall have their leave accruals multiplied by 1.4 when entering that assignment. ARTICLE 20, SHIFT TRADING Shift trades are provided per Fire Department Policy. There is no limit on the number of shift trades an employee may enter into, but employees shall notify management no later than 24 hours prior to the exchange taking place. ARTICLE 21, STAFFING The station safety shift staffing shall be not less than 20 per day City-wide. The parties agree that either party may reopen negotiations during the term of the MOU regarding this Article. 21 Resolution No. 24967 Page 26 EMPLOYER/EMPLOYEE RELATIONS ARTICLE 22, NON -TOBACCO USE REQUIREMENT All employees shall not use tobacco products on or off duty throughout the term of their employment. This includes, but is not limited to, all e-cigarettes. ARTICLE 23, CERTIFICATION REQUIREMENTS As a condition to participation in an examination for promotion to Fire Engineer, an employee must continue to be certified on an aerial unit, a triple combination pumper, and an ARFF unit prior to the examination application closing date. All Fire Engineers must continue to be certified on all apparatus before the end of their probationary period. ARTICLE 24, DMV PHYSICALS The City does not pay for medical exams that were formerly required by the Department of Motor Vehicles. Should the Department of Motor Vehicles reinstate that requirement for Fire Engineers, then City will resume payment for those medical exams, provided the affected employees utilize the physician(s) designated by the City. ARTICLE 25, BOMB SEARCH Employees will not be required to perform bomb searches. Upon receipt of a bomb threat, employees shall be asked to stand by should a rescue or suppression become necessary. ARTICLE 26, STRIKES AND WORK STOPPAGES 26.1 Prohibited Conduct The PSFA, its officers, agents, representatives and/or employees agree that, they will not cause or condone any strike, sympathy strike, walkout, slowdown, sick out, or any other unlawful and/or concerted job action by withholding or refusing to perform services. 26.2 Any employees who participate in any conduct prohibited in 26.1 above shall be subject to suspension, demotion, or dismissal by the City. 26.3 In addition to any other lawful remedies or disciplinary actions available to the City, if the Unit fails, in good faith, to perform all responsibilities listed below in 26.4 - The Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review irx Resolution No. 24967 Page 27 Procedure and Dues Deduction. 26.4 The Association Responsibility In the event that the Association, its officers, agents, representatives, or employees engage in any of the conduct prohibited in 26.1 - Prohibited Conduct, the Association shall immediately instruct any such 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 26.1 and return to work. ARTICLE 27, LAYOFF AND RECALL The Association agrees to Personnel Rule 13.3 Layoff and Recall, except as modified herein. If an employee bumps to a lower classification as a result of layoffs, the employee's "Classification Seniority" in the lower position will be defined as all of the time in any of the classifications in the Association. Layoff of any employees shall be made in the following order: Employees shall be laid off by classification in the reverse order of seniority in that classification. In the event that two (2) or more employees in the same classification have the same classification seniority, then layoff shall be made on the basis of final ranking on the eligibility list for the position, then departmental seniority, then City seniority. 27.1 Seniority , "Seniority" shall mean "the length of the employee's continuous unbroken service with the City. An employee who separates from the City for any length of time and for any reason but who returns to employment with the City shall have the calculation of seniority based on the most recent date of hire. Any prior service for the City prior to separation shall not be considered. ARTICLE 28, GRIEVANCE PROCEDURE 28.1 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. Reviews of allocations or reallocations of positions as described 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. 23 Resolution No. 24967 Page 28 C. Release or lay-off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure. 28.2 Time Limits and Waivers D. 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. E. Initiation - An employee must initiate the grievance within fifteen (15) 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. F. 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. G. Failure to Submit to Next Level - If an 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. H. 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 employee and management, which must be confirmed in writing. 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. 28.3 Informal Resolution A. The responsibility of an employee with a grievance 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. 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 28.4 with a supervisor who works in the department to which the grievance relates. B. If such informal discussion does not resolve the grievance to the employee's satisfaction, such employee may file a formal grievance in accordance with the procedure set forth in this section. 24 Resolution No. 24967 Page 29 28.4 Procedure A. The 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 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 employee may further submit the grievance, by presenting a written request, with date and signature, to the employee's department head within seven (7) days of the employee's receipt of the supervisor's response. The department head may investigate the grievance and may set a meeting with the 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 employee and employee's representative, if applicable. C. If the response by the department director, does not result in a resolution of the grievance, the employee 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 employee's receipt of the department head's response. The City Manager or designated representative may set a meeting with the 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 employee and employee's 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 29, DISCIPLINE A. Disciplinary actions defined: 1. Oral/Written Warning The use of an oral or written warning shall be used as a tool by supervisors to address performance problems or minor instances of misconduct and may be initiated at any time. If it qualifies as punitive action under the Firefighter Procedural Bill of Rights Act, the employee shall be entitled to an administrative appeal per the informal process below. The supervisor or manager will review 25 Resolution No. 24967 Page 30 with the employee both the specific deficiencies in question and the City's standards. The cause(s) of the deficiency will be identified along with specific improvement needed. The employee should be advised of the action that will be taken should they fail to achieve the improvement outlined within the time period specified. Any written warnings will be kept in the supervisory file, not the official personnel file, and a copy given to the employee. The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate, and discarded at the end of the performance year. 2. Written Reprimand A Written Reprimand generally is appropriate to correct instances of more serious circumstances or employee misconduct which do not warrant suspension or discharge, repeated instances of minor misconduct or identified performance problems. The purpose of a Written Reprimand is to put the employee on notice that the City will take other disciplinary action unless immediate, real and consistent improvement in performance is demonstrated. Any decision to issue a Written Reprimand should be reviewed by the Human Resources Department. The supervisor or manager issuing the Written Reprimand shall meet with the employee to discuss specific improvements required within a defined time period to avoid further disciplinary action. A copy of the Written Reprimand will be placed in the employee's official personnel file. 3. Suspension Suspension is the temporary removal of employees from their duties without pay. 4. Reduction in Pay A Reduction in Pay is a reduction in hourly salary for a limited and defined period of time, and does not result in any classification change. The employee continues to report to work for the duration of the Reduction in Pay. 5. Demotion Demotion is the movement of an employee from the current classification to a new classification having a lower salary range. 6. Discharge An employee may be discharged for cause. B. Pre -Disciplinary Procedure If an employee is to be suspended, receive a reduction in pay, be demoted or discharged, the employee shall: 26 Resolution No. 24967 Page 31 1. Receive written notice of the intended action at least seven (7) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the action is based. 2. Receive copies of any known materials, reports or other documents upon which the intended action is based. 3. Be accorded the right to respond in writing within a reasonable period of time to the intended charges. 4. Be accorded the right to meet within a reasonable period of time with the Fire Chief or designee who has the authority to modify or eliminate the intended disciplinary action. 5. Be given the written decision of the Fire Chief or designee prior to the effective date of the disciplinary action. C. Appeal Process The following appeals procedures are adopted by the parties pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act. 1. Definitions a. The term "firefighter" means an employee who is considered a firefighter under Government Code § 3251(a) as well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This includes all employees who are in this Unit. b. The term "punitive action" means any action defined by Government Code § 3251(c), i.e., "any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment." 2. Formal Appeals Procedures — For Punitive Action Causing a Loss of Pay Not Covered by the Informal Hearing Process a. A firefighter shall be entitled to an appeal hearing before an Administrative Law Judge assigned from the Office of Administrative Hearings which shall be conducted in accordance with Chapter 5 (commencing with § 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of the pre -disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. (1) Pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. 27 Resolution No. 24967 Page 32 (2) The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. c. Administrative Law Judge - Pursuant to Government Code § 11512, the appeal will be heard by an administrative law judge d. Time and Place of Hearing- Pursuant to Government Code § 11508, unless otherwise decided by the administrative law judge, a hearing shall be conducted at City Hall or in another City facility at a time to be determined by administrative law judge with the input of the representatives of both the City and employee. e. Notice of the Hearing- A notice of the hearing shall be provided to the parties pursuant to Government Code § 11509. f. The burdens of proof and production of evidence shall be borne by the City. The standard of proof shall be by a preponderance of the evidence. g. The proposed decision of the administrative law judge shall be in writing. Copies of the proposed decision shall be delivered to the parties by registered mail and accompanied by a proof of service h. Following receipt of the proposed decision, the City Council, or any designee (e.g., the City Manager) to the extent authorized by law, may take any of the actions set forth in Government Code § 11517(c)(2) A through E. 3. Appeals Procedures Informal Process The Informal Hearing Procedure, as opposed to the formal procedures, will be used for disciplinary action imposed on an employee that does not involve termination from employment, demotion, suspension without pay for more than two (2) shifts for employees working a 56-hour suppression schedule or three (3) working days for employees working a 40-hour administrative schedule, or where the practical financial effect of the discipline equates to a two shift suspension or less for employees working a 56-hour suppression schedule or three (3) working days or less for employees working a 40-hour administrative schedule. a. Appeal to the Fire Chief or Designee (1) A firefighter who receives notice of a punitive action shall be entitled to appeal the action to the Fire Chief prior to the effective date of the punitive action. The appeal is an opportunity for the firefighter to present written material and arguments why a punitive action should not occur or offer alternatives to the action. Resolution No. 24967 Page 33 (2) Notice of Appeal: Within seven (7) calendar days of receipt by a firefighter of notification of a punitive action, the firefighter shall notify the Fire Chief in writing that they intend to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending. (3) Hearing Officer: The Fire Chief or designee shall act as the hearing officer. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or designee shall serve as the hearing officer. The hearing shall take place within thirty (30) calendar days of the date the firefighter was notified about the punitive action (e.g., received a written reprimand) or such other time as may be agreeable by the parties. b. Burden of Proof: The City shall bear the burden of proof at the hearing. The Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge(s) and that punitive action was reasonable under the circumstances. c. Conduct of Hearing: (1) The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed. (2) The parties may present arguments through documents and statements. (3) If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses. (4) Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer. (5) Representation: The firefighter may be represented by an association representative or attorney of choice. d. Decision: After the hearing, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5. 29 Resolution No. 24967 Page 34 e. Decision to Impose Discipline: If, after the hearing, a decision is rendered which imposes discipline, pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. ARTICLE 30, ASSOCIATION BUSINESS BANK The City will provide a bank of one hundred twenty (120) hours per year to be allocated by the Association as directed by the Association's Board of Directors for use by Association Officers or members. In addition to these 120 hours, each year, in the second pay period of January (starting in 2022) the City will deduct six (6) hours from the vacation bank of each unit member with at least six (6) hours of accrued vacation. Those hours will be placed in a separate bank to be used as directed by the Association's Board of Directors for use by Association Officers or members. The maximum number of hours that may exist in this bank is six hundred (600) hours. If, in any January, the deduction of vacation hours from unit members will cause this bank to exceed 600, the City will deduct an equal amount of vacation less than six (6) hours from each member of the unit to bring the bank to 600 hours. Prior to the second pay period in January of any year, the Association President can (once per year) advise the City to not deduct any vacation hours from unit members. The Association President will be responsible for notifying the City's Director of Human Resources of the use of such hours when those hours are used. 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, 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. ARTICLE 31, NO REQUEST FOR CHANGES DURING TERM The terms agreed upon by this MOU shall take effect at the times specified herein upon approval by resolution by the City Council and shall remain in full force and effect until midnight, June 30, 2023. The parties agree that either side may request to start negotiations for a successor MOU no later than April 1, 2023. The PSFA hereby expressly waives any right to demand any improvements or any changes in the wages, hours, or other conditions of employment of employees covered by this MOU, and the City shall not be required to meet and confer as to any such demand or request. ARTICLE 32, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS Employees hired on or after 8:00 a.m. on October 11, 2015 must live within 150 miles of the City limits. Prior to February 1, 2020, the 150 miles could be measured by using a linear calculation. For any employees hired on or after February 1, 2020, the calculation of the 150 miles shall be made by using Google Maps driving directions. Employees hired 30 Resolution No. 24967 Page 35 after January 13, 2022 are exempt from this provision during their first thirteen (13) months of their employment. Effective no later than the first day of their fourteenth (14th) month of employment, these employees must live within 150 driving miles of the City limits. ARTICLE 33, JOINT LABOR MANAGEMENT COMMITTEE If necessary, the parties agree to meet to discuss labor relations issues of interest to either of them (e.g., employees donating vacation to the Association Business Bank or modifications to testing procedures). Such meetings are not labor negotiations, but rather, discussions of issues to which either side has an expressed interest. Once a year, either party can request to convene a meeting and the other party will agree to meet within a reasonable period time. If the parties mutually agree to meet more frequently, they can agree to do so. ARTICLE 34, DRUG AND ALCOHOL POLICY The parties have negotiated and agreed upon a drug and alcohol policy that is contained in the department's Lexipol Policy Manual. 31 Resolution No. 24967 Page 36 Date: By: A PALM SPRINGS FIREFIGHTERS ASSOCIATION REPRESENTATIVE PSFA President Signature PSFA Member at Large Signature Date: By: City Manager Attest: By: City Clerk Approved to form: By: City Attorney CITY OF PALM SPRINGS 30 LIM Labor Attorney Director of Human Resources Council Approval: 32 Resolution No. 24967 Page 37 MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS) h O� ?ALAI S� U en * yC�'PPORAiED \q� �I/FORN�P MEMORANDUM OF UNDERSTANDING JULY 11 2021 - JUNE 303 2023 Resolution No. 24967 Page 38 Management Association of Palm Springs (MAPS) Memorandum of Understanding July 1, 2021 - June 30, 2023 GENERALPROVISIONS...............................................................................................1 ARTICLE1, TERM............................................................................................................1 ARTICLE2, RECOGNITION.............................................................................................1 ARTICLE 3, PRACTICES..................................................................................................1 ARTICLE 4, FEDERAL AND STATE LAWS......................................................................1 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.......................................................................5 ARTICLE 11, UNIFORM ALLOWANCE............................................................................6 ARTICLE12, 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 Resolution No. 24967 Page 39 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 Resolution No. 24967 Page 40 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. 2 Resolution No. 24967 Page 41 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 3 Resolution No. 24967 Page 42 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 4 Resolution No. 24967 Page 43 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 October 4, 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 �i Resolution No. 24967 Page 44 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. 9 Resolution No. 24967 Page 45 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. 7 Resolution No. 24967 Page 46 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 etsep., 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 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. 1 Resolution No. 24967 Page 47 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; X Resolution No. 24967 Page 48 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 Covera 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 10 Resolution No. 24967 Page 49 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 I 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: 11 Resolution No. 24967 Page 50 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 CaIPERS statutory minimum amount towards their chosen retiree medical benefit. 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 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 CalPERS statutory minimum for all retired annuitants. 12 Resolution No. 24967 Page 51 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%(a)-55 Formula: These Unit members shall pay their eight percent (8%) member contribution. Employees subject to the 2% Ca)_ 60 Formula: These employees pay the seven percent (7%) member contribution. Employees subiect 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 CaIPERS in their annual valuation. 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: 13 Resolution No. 24967 Page 52 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. 14 Resolution No. 24967 Page 53 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 15 Resolution No. 24967 Page 54 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. 16 Resolution No. 24967 Page 55 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). 17 Resolution No. 24967 Page 56 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. 18 Resolution No. 24967 Page 57 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 CalPERS, 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 19 Resolution No. 24967 Page 58 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. 20 Resolution No. 24967 Page 59 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. 21 Resolution No. 24967 Page 60 29.4 Procedure 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 22 Resolution No. 24967 Page 61 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) 1. 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. 461 Resolution No. 24967 Page 62 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- 24 Resolution No. 24967 Page 63 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. 25 Resolution No. 24967 Page 64 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. W Resolution No. 24967 Page 65 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 Resolution No. 24967 Page 66 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". 28 Resolution No. 24967 Page 67 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 29 Resolution No. 24967 Page 68 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 Resolution No. 24967 Page 69 MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE Date: M MAPS President Signature MAPS Vice President Signature CITY OF PALM SPRINGS Date: By: By: City Manager Attest: By: By: City Clerk Approved to form: In City Attorney Labor Attorney Director of Human Resources Council Approval: 31