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CITY COUNCIL STAFF REPORT
DATE: February 24, 2022 CONSENT CALENDAR
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS
PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS
FROM: Justin Clifton, City Manager
BY: Department of Human Resources
SUMMARY:
The City has reached a tentative Memorandum of Understanding (MOU) agreement
with the Public Employees’ Association of Palm Springs (PEAPS). The City Council will
consider adopting a Resolution approving the Memorandum of Understanding between
the City and the Association.
RECOMMENDATION:
1. Adopt Resolution No. _____, “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 PUBLIC
EMPLOYEES’ ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF
JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATION
EXECUTING THE MEMORANDUM OF UNDERSTANDING.”
2. Authorize the City Manager to execute the Memorandum of Understanding
(MOU) and all documents necessary to effectuate the above action, including the
allocation and compensation plans, agreements and contracts, and any non-
substantial MOU language or reorganization.
STAFF ANALYSIS:
The City and representatives of PEAPS have met and conferred in good faith and have
reached an agreement on the terms and conditions of the MOU governing employees of
the City represented by PEAPS for the period July 1, 2021 through June 30, 2023.
The two-year term agreement with PEAPS includes a base wage increase of 3.25%
effective the pay period following adoption of this MOU and a 3.25% increase on the
pay period that includes July 1, 2022. The agreement also provides a one-time lump
sum payment of 2.5% of base salary that each member of the unit would have received
Item 1H - 1
City Council Staff Report
February 24, 2022 -- Page 2
PEAPS MOU
for the period July 1, 2020 – June 30, 2021. Other changes include an acknowledgment
of the City’s built-in health care contribution increases, adding the Juneteenth holiday,
and the tiering of bilingual pay.
The agreement was reached through negotiations with PEAPS and the City Negotiation
team, which jointly recommend City Council adoption of the MOU.
FISCAL IMPACT:
During the term of the agreement the anticipated annual costs are as follows:
Year 1 (February through June) - $649,205
Year 2 Increase - $574,316
Approval of this MOU will require an appropriation from General Fund Balance in the
amount of $649,205.
REVIEWED BY:
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:
A. Resolution.
B. Memorandum of Understanding.
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PUBLIC EMPLOYEES
ASSOCIATION OF PALM
SPRINGS
MEMORANDUM OF
UNDERSTANDING
JULY 1, 2021 – JUNE 30, 2023
Item 1H - 3
The Public Employees Association of Palm Springs
Memorandum of Understanding
July 1, 2021 – June 30, 2023
GENERAL PROVISIONS ............................................................................................................. 1
ARTICLE 1, TERM ........................................................................................................................ 1
ARTICLE 2, RECOGNITION ......................................................................................................... 1
ARTICLE 3, FEDERAL AND STATE LAWS ................................................................................. 1
ARTICLE 4, MAINTENANCE OF BENEFITS ............................................................................... 1
COMPENSATION/OTHER PAY ................................................................................................... 2
ARTICLE 5, SALARIES ................................................................................................................. 2
ARTICLE 6, SALARY ADVANCEMENT ELIGIBILITY ................................................................. 2
ARTICLE 7, OVERTIME AND COMPENSATORY TIME ............................................................ 2
ARTICLE 8, ACTING OUT OF CLASSIFICATION ....................................................................... 4
ARTICLE 9, STANDBY, CALL BACK AND TRAINING PAY ....................................................... 4
ARTICLE 10, ADDITIONAL PAYS ................................................................................................ 5
ARTICLE 11, SUPPLEMENTAL INDUSTRIAL DISABILITY COMPENSATION ........................ 7
ARTICLE 12, UNIFORM ALLOWANCE ....................................................................................... 7
ARTICLE 13, TOOL REIMBURSEMENT ..................................................................................... 8
ARTICLE 14, MILEAGE REIMBURSEMENT ............................................................................... 8
BENEFITS .................................................................................................................................... 9
ARTICLE 15, HEALTH AND WELFARE ...................................................................................... 9
ARTICLE 16, HEALTH INSURANCE FOR RETIREES ............................................................. 11
ARTICLE 17, RETIREMENT ....................................................................................................... 1 3
ARTICLE 18, EDUCATIONAL REIMBURSEMENT ................................................................... 14
ARTICLE 19, SAFETY SHOES................................................................................................... 14
WORK HOURS/LEAVE .............................................................................................................. 15
ARTICLE 20, HOURS OF WORK, NORMAL WORK WEEK, AND SHIFT DIFFERENTIAL ... 15
ARTICLE 21, ATTENDANCE AND LEAVE ................................................................................ 15
ARTICLE 22, HOLIDAYS ............................................................................................................ 17
ARTICLE 23, BEREAVEMENT LEAVE ...................................................................................... 19
EMPLOYER/EMPLOYEE RELATIONS ..................................................................................... 20
ARTICLE 24, REASONABLE DRESS POLICIES ...................................................................... 20
ARTICLE 25, CELLULAR PHONE POLICY ............................................................................... 20
ARTICLE 26, COMMERCIAL LICENSE REQUIREMENT ........................................................ 20
ARTICLE 27, CHANGE OF PAY PERIOD ENDING DATE ....................................................... 20
ARTICLE 28, PEAPS RIGHTS AND RESPONSIBILITIES ........................................................ 20
ARTICLE 29, QUARTERLY MEETINGS .................................................................................... 22
ARTICLE 30, GRIEVANCE PROCEDURE ................................................................................ 22
ARTICLE 31, DISCIPLINE .......................................................................................................... 24
ARTICLE 32, NO STRIKES, WORK STOPPAGES OR LOCKOUTS ....................................... 27
ARTICLE 33, CONTINUANCE OF MEMBERSHIP .................................................................... 28
APPENDIX A – DRUG AND ALCOHOL POLICY ...................................................................... 29
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MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF PALM SPRINGS
AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
JULY 1, 2021 - JUNE 30, 2023
GENERAL PROVISIONS
ARTICLE 1, TERM
PEAPS and the CITY agree as follows:
This MOU shall be for the period commencing July 1, 2021 and terminating at 11:59 p.m. on, June
30, 2023; provided, however, that specific sections of this MOU may have later effective dates as
specified herein.
ARTICLE 2, RECOGNITION
This Memorandum of Understanding (“MOU”) is entered into with reference to the following facts:
A. The Public Employees Association of Palm Springs (PEAPS) is the recognized employee
organization for employees it represents employed by the City within the General Unit
(herein called "Employees") set forth In Exhibit B.
B. The Public Employees Association of Palm Springs (PEAPS) and the City have met and
conferred in good faith on wages, hours, and other terms and conditions of employment
for the employees in the bargaining unit represented by PEAPS and have reached
agreements which are set forth in this MOU.
ARTICLE 3, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal
and State laws and regulations and the provisions hereof shall be effective and implemented only
to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or
inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise
held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable laws and regulations, and the
remainder of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 4, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the employees
in the Unit represented by PEAPS shall not be deemed to be affected by this MOU, except as
specifically modified by provisions hereof or by actions taken in the implementation hereof. All
matters within the scope of bargaining have been negotiated and agreed upon. The terms and
conditions set forth in this Agreement represent the full and complete understanding and
commitment between the City and the Association.
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COMPENSATION/OTHER PAY
ARTICLE 5, 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 and one
quarter percent (3.25%) salary increase.
In addition to the above, each member of the bargaining unit employed between July 1, 2020 to
June 30, 2021 who is an employee on the day that the City Council approves this 2021-2023 MOU
shall receive a lump sum payment equal to 2.5% of base salary (overtime and other payments
excluded) that each member of the unit would have received for the period between July 1, 2020 to
June 30, 2021. This will be paid by April 8, 2022. For each classification represented by the
Association, there is one range on the salary schedule.
ARTICLE 6, SALARY ADVANCEMENT ELIGIBILITY
Employees shall be advanced one-step on the salary schedule effective on each employee’s
anniversary date, provided the employee’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 employee reaches the top step of the range. Any unpaid leave of absence in excess of twenty
(20) consecutive days will extend an employee’s anniversary date by the length of such leave.
ARTICLE 7, OVERTIME AND COMPENSATORY TIME
7.1 Overtime
Employees shall not work overtime unless authorized in advance to do so by the department
head, or appropriate authorized supervisor.
Employees are eligible to receive overtime pay or bank compensatory time at the discretion of the
Department Head or appropriate designee. Employees who work overtime may advise their
Department Head whether their preference is to receive pay or compensatory time, but the
Department Head has the ultimate discretion to make that decision. However, Department Heads
must exercise that discretion in a manner that does not preclude the accrual of compensatory
time off.
A Supervisor qualified to perform the work may also sign up for overtime if a PEAPS employee
is not available.
Employees will be permitted to trade overtime shifts with their colleagues.
Employees shall be compensated for overtime worked at a rate of 50% above the employee’s
rate of pay for the work performed in excess of forty (40) hours per workweek. Paid leave counts
as hours worked for purposes of calculating eligibility for overtime.
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7.2 Compensatory Time
No employee shall accumulate compensatory time in excess of one hundred and ten (110) hours.
An employee who has accumulated the maximum amount of compensatory time shall not be
eligible to bank compensatory time until the accumulation has been reduced to less than the
maximum accumulation of one hundred and ten (110) hours and shall be paid out in the current
pay period for overtime hours worked.
Employees wishing to use their accrued compensatory time off shall provide the City with
reasonable notice. A request to use compensatory time off without reasonable notice may still
be granted within the discretion of the supervisor or manager responsible for considering the
request. If reasonable notice is provided, the request will not be denied, unless it would be
unduly disruptive to grant the request. Approval of compensatory time off shall not be
unreasonably withheld.
7.3 Overtime for Operations Specialists at the Palm Springs Airport
This Article applies only to the classification of Operations Specialists working at the Palm Springs
Airport. Should assigning overtime become necessary (as determined by a supervisor or
manager) as a result of an employee in the classification requesting to use leave (e.g., vacation)
or because the employee calls in as unable to work the shift (e.g., because they are sick) the
following applies:
If an employee requests to use leave in advance (with notification of seven (7) days or greater)
and the manager or supervisor determines that the shift would need to be backfilled, other
Operations Specialists will have the opportunity to sign up for the shift on an overtime basis and
the most senior of those who sign up for the shift (assuming that based on the determination of
the manager or supervisor based on all of the facts and circumstances would not cause the
employee to be too fatigued). If no Operations Specialist signs up for the shift, a supervisor, at
the Operations Manager’s discretion, may sign up for the shift. If no Operations Specialist or
supervisor signs up for the shift, the request for leave will be denied.
Attempts to fill a shift when an Operations Specialist calls off will be conducted in the following
order by the supervisor:
A. If an employee in the classification of Operations Specialist calls off (e.g., with less than
seven (7) days advance notification, calls in sick or is called for jury duty) and the
manager or supervisor determines that the shift would need to be backfilled as time
permits, an attempt will be made to fill the shift by placing phone calls to the off-duty
Operations Specialists in the order of the greatest seniority to determine if they are able
to work.
B. Additionally, supervisors may work this shift to ensure that adequate coverage for the shift
is provided.
C. If the phone calls do not cause the shift to be covered and the supervisor cannot cover the
shift, the shift will be offered to the Operations Specialists who were working the shift that
preceded the shift for which the employee is calling off. If such an offer does not cover the
shift, the City retains the right to direct the employee on the current or off-going shift to stay
and cover the shift. In addition, depending on when the City is notified that the employee
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who is supposed to work the shift will not be coming to work, the City may contact
employees on the oncoming shift to come to work early to reduce fatigue on others and
potentially split the shift.
ARTICLE 8, ACTING OUT OF CLASSIFICATION
On the second consecutive day that an employee is required to perform the majority of the duties
of a higher classification ("acting out of class") the employee 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 the
employee is performing out of class duties ("acting pay"). Such acting pay shall be prospective
only, commencing on the third consecutive day the employee is performing the majority of the
duties of the higher classification and continuing thereafter until the employee ceases performing
those duties.
ARTICLE 9, STANDBY, CALL BACK AND TRAINING PAY
9.1 Standby Pay
Whenever an employee is scheduled by the department for standby duty the employee shall be
paid for two (2) hours per day for standby at the employee's regular hourly rate, not subject to
overtime premium. If called back to work while on standby, there is no compensation for travel.
Dispatchers and Crime Scene Technicians who are under subpoena during non-working hours shall
be paid for actual court time with a minimum of four (4) hours pay for each day’s appearance at the
rate of time and one-half.
Employees 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 employee 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 the employee’s normal commute time and any
additional minimal time necessary to get ready to return to work. Standby lists shall be created
monthly, when feasible, at least two weeks in advance of any standby shift. A supervisor qualified
to perform the work regularly assigned to PEAPS may also be assigned to a standby shift and
added to the standby list for the month. Employees will be permitted to tr ade stand-by shifts with
their colleagues.
9.2 Call Back Pay
An employee called back to work while not on standby shall be paid both travel time (actual travel
time up to a maximum of one hour) and a minimum of two (2) hours per incident, (from when the
employee arrives at the work location) at one and one-half (1 1/2) times such employee's regular
hourly rate.
Crime Scene Technician(s) called back to work while not on standby shall be paid both travel time
(actual travel time up to a maximum of one hour) and a minimum of four (4) hours pay per incident,
(from when the employee arrives at the work location) at one and one-half (1 1/2) times such
employee's regular hourly rate.
9.3 Training Pay
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City shall provide five percent (5%) training pay to anyone required to train new employees or an
employee in a new assignment. An employee shall not receive training pay unless they are
specifically asked by their supervisor to train another employee. PEAPS acknowledges and
agrees that employees may ask their colleagues questions about performing their job and that
does not entitle the employee to training pay and employees will not hold back from helping their
colleagues with questions. Such training pay is for actual time spent training other employees.
Training pay can only be provided in increments of ten (10) hours or equivalent to one full-day of
work where the employee has been assigned to train. Assistance provided to employees does
not entitle the employee to training pay.
Training pay will be noted on the employee’s time card under “special pay” and may require a
“Personnel Action Form” to be submitted, at the discretion of the City. The Supervisor/Manager
of the department is responsible for approving the training pay for the employee. The employee
shall not be paid training pay unless authorized in advance to do so by the department head, or
appropriate authorized manager/supervisor.
ARTICLE 10, ADDITIONAL PAYS
To the extent permitted by Title 2 CCR Sections 571 and 571.1 any pays in this Article will be
reported to CalPERS as special compensation. However, it is ultimately CalPERS who decides
whether a pay is reportable as special compensation.
10.1 Educational Incentive Pay
Employees will be eligible to receive an additional five percent (5%) Educational Incentive Pay for
a Master's Degree from a college or university recognized as accredited by either the Council for
Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).
10.2 Certification Pay
The City agrees to provide two and one half percent (2.5%) certification pay for the following:
Certification Pay
Building Inspectors Intl Code Council (ICC) Building Inspector
Code Compliance Officers CACEO
Code Compliance Officers Intl Code Council (ICC) Property Maintenance & Housing
Dispatcher Supervisor Agency CLETS Coordinator –Maximum of one employee
who is designated by City is entitled to this pay
Fleet Maintenance Technician
III & IV California Fire Mechanic
Fire Prevention Specialist Intl Code Council (ICC) Fire Inspector II
Permit Center Technicians Intl Code Council (ICC) related to position
Plans Examiners Intl Code Council (ICC) related to position
Public Work Inspectors American Construction Inspection Association (ACIA)
related to position
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10.3 Notary Pay
Employees selected at the City Manager's discretion who have obtained and maintained the
California Public Notary Commission through the California Secretary of State shall be entitled to
premium pay of an additional five percent (5%) over their regular base salary for their services.
Any employees hired on or after February 6, 2019shall receive one hundred dollars ($100) per
month for Notary Pay.
10.4 Bilingual Pay
Employees are eligible for Bilingual Pay as provided in this section. The City Manager shall
determine the language needs as well as the number of employees eligible for Bilingual Pay. In
order to be eligible for Bilingual Pay, an employee must pass an examination (and as set forth
below, must recertify) demonstrating fluency in listening, writing and speaking the desired second
language.
Employees hired before February 6, 2019 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. Employees will be required to take both a speaking and listening and
a writing bilingual proficiency examination. These 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 on or after February 6, 2019 who become eligible for bilingual pay shall receive
two hundred and fifty dollars ($250) per month 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.
The examinations shall be developed and administered by the City to demonstrate fluency in
writing, and speaking and listening the desired second language. All employees receiving
bilingual pay must pass the prescribed examinations for each skill (one for speaking and
listening and the other for writing) every three 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 three-year cycle to recertify has passed. The City will notify
employees when they are required to re-test.
If the employee passes one of the two examinations they shall receive 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 three-year cycle to recertify has passed.
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The Human Resources Department will coordinate the recertification examination for each
employee receiving bilingual pay.
For any employees 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.
Sign language is included in the list of recognized languages.
ARTICLE 11, SUPPLEMENTAL INDUSTRIAL DISABILITY COMPENSATION
PEAPS agrees that the City will pay the difference between benefits received from the Workers’
Compensation Act and full pay (base pay) not to exceed 90 working days. When Supplemental
City Industrial Disability Compensation (SCIDC) ends, the employee may make a request in
writing to the Payroll Office for leave time to be used to supplement the difference between the
benefits received under the Workers’ Compensation Act and their regular pay.
Whenever an employee is disabled temporarily and is entitled to receive temporary disability
indemnity benefit payments provided under the Workers’ Compensation Act, the employee shall
receive SCIDC sufficient to pay to the employee a combined total amount equal to regular base
pay for the period of temporary disability, but not to exceed a total period of ninety (90) working
days for any one injury or all combined injuries within one calendar year. If an employee in this
situation goes on a vacation while receiving SCIDC, the employee must use vacation leave and
SCIDC will stop during the vacation. The SCIDC will continue upon the employee’s return from
vacation.
ARTICLE 12, UNIFORM ALLOWANCE
City agrees to pay a monthly uniform allowance to each employee in the job classifications listed
below, in the amounts indicated. For classifications who receive $85 per month, the uniform
allowance is to compensate for both the acquisition and maintenance of uniforms. For
classifications who receive $30 per month, the uniform allowance is to compensate for
maintenance of uniforms.
Uniform Allowance
Animal Services Officer $85.00 Police Records Technician $85.00
Building Inspector $30.00 Police Services Officer $85.00
Code Compliance Officer $30.00 Airport Operations Specialist $30.00
Community Services Officer $85.00 Police Services Supervisor $85.00
Crime Scene Technician $30.00 Property Technician $30.00
Fire Prevention Specialists $85.00 Public Works Inspectors $30.00
Jail Transport Officers $85.00 Rangemaster $30.00
Plans Examiner II $30.00
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For employees who receive a uniform from the City, each department will determine the
appropriate number of uniforms necessary for each classification.
ARTICLE 13, TOOL REIMBURSEMENT
City agrees to reimburse employees for tools purchased to perform their job for employees in the
Fleet Operations Division, the Facilities Maintenance Division, Maintenance Mechanics assigned
to the Parks and Airport Maintenance Technicians. Employees must provide receipts for the
purchased tools that must be related to the performance of their job. Employees in the Fleet
Operations Division, the Facilities Maintenance Division, and Maintenance Mechanics assigned
to the Parks may receive reimbursement up to fifteen hundred ($1,500) per calendar year.
Receipts for tool reimbursement must be submitted within the calendar year in which the tools are
purchased. The reimbursement will be made through each employee’s department accounts
payable.
ARTICLE 14, MILEAGE REIMBURSEMENT
PEAPS and City agree that employees shall receive mileage reimbursement in accordance with
existing City policy, at the prevailing IRS rate. Where extensive vehicle travel is required, a City
vehicle may be provided instead.
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BENEFITS
ARTICLE 15, HEALTH AND WELFARE
15.1 Health Care Benefit – Medical, Dental and Vision
The City contracts with the California Public Employees’ Retirement System (CalPERS) for the
provision of medical insurance in accordance with the provisions of the Public Employees’ Medical
and Hospital Care Act (PEHMCA) per California Government Code section 22750 et seq. The
medical care benefit that will be provided through a cafeteria plan in accordance with IRS Code
section 125 and will include dental insurance and vision insurance as has been provided in the
past.
15.2 City Health Care Benefit Contribution
The parties have agreed to a maximum City contribution for Single Party, Two-Party, and Family
coverage for the combined benefits of health, dental, and vision insurance as follows:
For 2021 the Health Care Benefit Amount will be as shown in the table below:
Category Maximum Contribution
Employee Only $807/month
Employee + 1 $1,542/month
Family $2,106/month
For 2022 the Health Care Benefit Amount will be as shown in the table below:
Category Maximum Contribution
Employee Only $840/month
Employee + 1 $1,608/month
Family $2,195/month
The City will modify the employer contribution by a percentage (up to a maximum of five percent
(5%)) for each benefit (medical, dental and vision) at each tier – single, two-party and family. Under
no circumstances, can the City contribution received increase for each benefit by more than five
percent (5%). For medical insurance the modification will be determined by evaluating the average
of the modifications (increases or decreases) for all employee enrolled plans provided by CalPERS
in the prior calendar year. Thus, if CalPERS adds a new Plan (or deletes a Plan so that it is not
offered in the following year, or no one is enrolled) it will not be considered in the modification for
medical insurance in the calendar year it is added or deleted. The amount provided by the City for
medical insurance provided through CalPERS includes the CalPERS statutory minimum, which, for
2021, is $143 and for subsequent years is still undetermined.
For dental and vision insurance, the modification will be determined in the same manner as the
medical plans by the modification (increase or decrease) to the currently provided dental and
vision insurance. The amounts for dental and vision insurance cannot increase by more than five
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percent (5%) for each regardless of whether these benefits increase in cost by more than five
percent (5%). For dental and vision Insurance, the plans may change during the term of the MOU,
but the benefits will be equivalent if they do.
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 (CalPERS
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.
15.2.1 Employees Who Opt Out of the Health Care Benefit Contribution Or Who Choose a Plan
Which Does Not Require The City To Make the Maximum Contribution
Employees 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 (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:
1. 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;
2. 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;
3. The evidence of alternative coverage must be provided every plan year to
which the eligible opt-out arrangement applies; and
4. 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.
In the event an employee selects a health, dental and/or vision plan which in total does not require
the City to make a maximum total contribution, the employee shall receive the remainder of the
City total contribution (up to the maximum of $100 (as taxable wages) per pay period). In no event
shall a positive balance exceed $100 per pay period or two hundred dollars per month (24 pay
periods per year).
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15.2.2 Domestic Partner Coverage
The City will follow the CalPERS domestic partner requirements. Domestic partners will only be
eligible for coverage as a dependent on the employee’s health insurance if the employee and their
domestic partner officially registered their domestic partnership with the State of California in
accordance with California Family Code section 297 et seq.
15.3 Life Insurance and Accidental Death and Dismemberment Insurance
The City agrees to provide term life insurance coverage of Fifty Thousand Dollars ($50,000) for
each employee. The City also agrees to provide Fifty Thousand Dollars $50,000 accidental death
and dismemberment (AD&D) coverage for each employee.
15.4 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. There is a fourteen (14) day waiting
period for the benefit.
15.5 Long Term Disability
The City agrees to provide long-term disability insurance coverage through any carrier of its choice
as long as coverage remains the same or greater. If the City changes carriers it will let the PEAPS
know and PEAPS has the right to negotiate over any identified effects of the decision.
ARTICLE 16, HEALTH INSURANCE FOR RETIREES
16.1 Retiree Health Insurance Benefits
Retiree medical insurance is provided through CalPERS pursuant to PEMHCA.
The City has two tiers (including three qualifying levels within Tier I) 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 employees
(the CalPERS statutory minimum).
For employees, (as addressed above in Article 15) 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 employees 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 December 7, 2005 And Who
Have At Least 25 Years of Continuous Service With the City:
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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 employee’s maximum benefit is tied to the plan chosen by the employee
at the time the employee leaves active service unless the employee 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 an employee chooses a more
costly plan as a retiree, they will have additional out-of-pocket medical expenses.
If an employee chooses a more costly health plan prior to retirement, they must have
chosen the plan at least one year prior to retirement or the health plan used for determining
the maximum benefit under the HRA will be the plan previously chosen.
B. Tier I – Level 2 – Retirees Who Were First Employed Before December 7, 2005 And Who
Have At Least 20 Years Of Continuous Service With the City:
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 employee’s maximum benefit is tied to
the plan at the time the employee leaves active service unless the employee 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 an employee chooses
a more costly plan as a retiree, they will have additional out-of-pocket medical expenses.
If an employee chooses a more costly health plan prior to retirement, they must have
chosen the plan at least one year prior to retirement or the health plan used for determining
the maximum benefit under the HRA will be the plan previously chosen.
C. Tier I – Level 3 – Retirees Who Were First Employed Before December 7, 2005 But Who
Have Less than 20 Years Of Continuous Service With the City:
These individuals will not receive any additional contribution through the HRA. They will
receive the CalPERS statutory minimum amount towards their chosen retiree medical
benefit.
1. Service Credit for Health Insurance For Retirees in Tier 1
Employees in Tier 1 shall be eligible for two years of service credit for the purpose
of being eligible for retiree health insurance (e.g., an employee with 18 years of
continuous service will be eligible for the benefits available to those with 20 years of
continuous service) if in the month of June (starting in 2019) the employee makes
an irrevocable offer to retire (which will be immediately accepted by the City) by no
earlier than ninety (90) days from the date of notice or later than December 31 of
that same calendar year.
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D. Tier II – Employees First Hired on December 7, 2005 Or Later:
In addition to being provided the CalPERS statutory minimum for retiree medical insurance
once retiring, these individuals, while employed, will receive one-hundred dollars ($100.00)
per month (placed into a retiree health savings (RHS) account by the City. The City will pay
the administrative costs of this account.
All Retirees will be required to comply with any of the requirements of CalPERS as provided by
PEMHCA. This may include, but not be limited to, enrolling in Medicare when age appropriate
and becoming eligible to receive Medicare. The City will not pay for the cost of Medicare
enrollment, as it will continue to pay the CalPERS statutory minimum for all retired annuitants.
ARTICLE 17, RETIREMENT
17.1 Retirement Plan Retirement Formula
Employees (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.
Employees (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.
Employees 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).
17.2 Employee Contributions to the Retirement System
A. Employees subject to the 2.7% @ 55 Formula:
These employees shall pay their eight percent (8%) member contribution.
A. Employees subject to the 2% @ 60 Formula:
Employees subject to this formula pay the entire seven percent (7%) of compensation
earnable towards the required CalPERS member contribution.
B. Employees subject to the 2% @ 62 Formula – “New Members” as defined by PEPRA:
These employees shall pay the statutorily mandated employee contribution rate of one-half
of the total normal cost as determined by CalPERS in their annual valuation.
17.3 Adoption of IRS Code Section 414(h) (2) Resolution
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The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code
section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in
section 414(h)(2)) of their employee contribution is made on a pre-tax basis.
17.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:
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 Reallocation Credit - Government Code section 21024
F. Final Compensation Period One Year - Government Code section 20042 for classic
members
G. 2% Cost of Living Allowance - Government Code section 21329
H. Prior Service - Government Code section 20055
ARTICLE 18, EDUCATIONAL REIMBURSEMENT
No employee 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 19, SAFETY SHOES
The City shall provide safety shoes (with a reimbursement up to $150.00 (plus sales tax) per pair
of shoes) to those positions that meet the general industry standard – (the current ATSM
Standard) to those positions necessitating safety footwear protection. Employees are to wear
these safety shoes at all times while performing usual and customary duties and failure to do so
shall subject employees to potential disciplinary action. To receive the reimbursement, employees
must demonstrate to their supervisor that the shoes they wish to replace need to be replaced.
Typically, reimbursements are provided once per year, and additional requests for
reimbursements must be approved by the department head or designee.
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WORK HOURS/LEAVE
ARTICLE 20, HOURS OF WORK, NORMAL WORK WEEK, AND SHIFT DIFFERENTIAL
All employees shall be assigned to work a 4/10 work schedule; four consecutive workdays followed
by three consecutive days off, with the following exception: employees in the classification of
Dispatcher who work either a 3/12 or 4/10 work schedule. City Hall will remain closed on Fridays.
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 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.
Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that
consists of a regular recurring period of 168 consecutive hours (seven 24 hour periods) which can
begin and end on any day of the week and at any time of the day. The designated workweek for
an employee may be changed only if the change is intended to be permanent and not designed
to evade overtime requirements of the FLSA.
If an employee requests to flex their schedule within a workweek (e.g., if the employee works two
(2) additional hours on a Monday, requests to work two (2) hours less on a Wednesday of that
same week) the employee’s supervisor can approve such a request as long as the request is
made in advance of the time the employee will flex.
20.1 Work Week
The normal work week for full-time employees is forty (40) hours during the seven (7) day FLSA
workweek starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
20.2 Shift Differential Pay
All employees regularly scheduled to work a shift that begins on or after 8:00 p.m. or prior to 5:00
a.m. will receive an additional 5% as shift differential pay. Shift differential applies when an
employee covers for an employee on a scheduled shift which begins on or after 8:00 p.m. or prior
to 5:00 a.m.
20.3 Airport Minimum Staffing
For all shifts at the airport there must be two Operations Specialists on duty at all times. The
approval of advanced requests for leave will take into consideration this minimum staffing
agreement. While requests to use accrued leaves will be accommodated to grant them when the
employee wants to use leave, this minimum staffing agreement must be satisfied to ensure the
safety of the airport.
If the Executive Director of the Palm Springs International Airport desires to change an employee’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 21, ATTENDANCE AND LEAVE
21.1 General Leave Definition
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General leave is any approved absence with pay from regularly scheduled work for any purpose.
General leave shall substitute for either vacation or sick leave.
21.2 General Leave for Employees Who Are Re-employed Within Two Years
Employees who are reemployed within two years due to a separation or layoff shall receive
service credit for the most recent leave commencing with the effective date of reemployment at
the accrual rate they were receiving at the time of separation or layoff.
21.3 General Leave General Provisions
General leave must be approved by the department head. General leave shall be paid at the
member's straight time hourly rate of pay and the employee shall still receive the additional pays
they receive while in paid status. Employees may use General leave once it is earned.
21.4 Maximum Accrual and Minimum Use
Employees shall be able to accrue up to a maximum of five hundred forty (540) hours. The City
will expedite leave requests submitted by employees who are at their maximum accrual.
Department heads are responsible for planning work schedules to allow each employee to take
at least forty (40) consecutive hours of General Leave each calendar year if they request. Approval
of general leave shall not be unreasonably withheld.
21.5 Accrual Rates
General leave shall accrue and vest on the basis of the following schedule:
Years Of Service Hours Accrued & Vested For Each
Full Month Worked
0 through 3 12
4 through 7 14
8 through 10 16
11 through 14 18
15 through 17 20
18 and over 20.67
21.6 Notification of Supervisor
Employees are responsible for notifying their supervisor as early as possible prior to the start of
a shift of any unplanned or non pre-approved absence or tardiness. Such notification must be
provided directly to the supervisor or department designee. A text message or email will be
sufficient notification if the department approves that method of communication for use of
unplanned or non pre-approved absence or tardiness. In order to receive compensation while
absent on general leave, the employee must comply with the notification requirements of that
department and complete a leave request form upon return to work.
21.7 General Leave Cash-Out
By December 15 of each year, employees may make an irrevocable election to cash out up to the
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maximum number of hours of general leave which they can accrue per year which will be earned
in the following calendar year at the employee’s base rate of pay. In the following year, the
employee can receive the cash for the annual leave they irrevocably elected to cash out in either
two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 20.67
hours per month - 248 hours per year, 124 hours each) or one (1) increment of up the maximum
they can accrue in a year.
The employee would be paid one half of what they irrevocably elect to cash out hours on both the
second pay day in July and the first pay day on December or the employee can elect to be paid
their full amount they elected to cash out on the first pay day in December. However, if the
employee’s general leave balance is less than the amount the employee elected to cash out (in
the prior calendar year) the employee will receive cash for the amount of leave the employee has
accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out general leave in the following calendar
year and uses general leave in that subsequent year, the general leave used will come from
general leave the employee had earned prior to January 1 of the year the employee has elected
to cash out general leave. This is to ensure that assuming an employee had a general leave
balance prior to January 1, the general leave used will not result in a reduction in the amount of
general leave the employee will be eligible to cash out.
21.8 Disposition of Accrued and Vested General Leave Bank upon Termination
Upon termination, all unpaid accrued and vested general leave will be paid at the employee's
current salary rate. All unpaid accrued and vested general leave of deceased employees shall be
paid to the estate of said deceased except as otherwise provided by law.
ARTICLE 22, HOLIDAYS
22.1 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 January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
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Day after Thanksgiving Day after Fourth Thursday in November
Christmas Eve December 24
Christmas Day December 25
In addition, as addressed in Section 22.4, employees earn one floating holiday per year.
22.2 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 General Leave (for a total of twenty-
four (24) hours per calendar year) for each holiday including when the floating holiday us used.
Employees regularly scheduled to work twelve (12) hours per day earn ten (10) hours for each
holiday and must use either two (2) hours of General Leave, two (2) hours of compensatory time
off each holiday to receive their full pay for the holiday or may take the two (2) hours without pay.
Employees must write on their timesheet which of the preceding options they want. If they do not
do so, two (2) hours will be deducted from General Leave.
22.3 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.
22.3.1 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).
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.
22.3.2 Employees who work the Calendar Schedule
For employees who work the Calendar Schedule, all holidays occur on the actual date of
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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 per
Article 22.2 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, general 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.
22.4 Floating Holidays
In addition to the above holidays, all employees shall receive an 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 like they would request to use general leave. Approval of floating holiday leave shall not be
unreasonably withheld.
22.5 Holidays While on General Leave
If a holiday falls within an approved general leave, the employee shall be paid for that day as a
holiday and the employee’s general leave shall not be reduced for that day. An employee who is
regularly scheduled to work less than 40 hours per week shall receive a pro-rated number of hours
of holiday leave.
ARTICLE 23, BEREAVEMENT LEAVE
Employees shall be granted three (3) scheduled workdays in the event of a death in the
"immediate family" of an employee, regardless of travel requirements.
23.1 Immediate Family
“Immediate family” shall be defined as any relative by blood or marriage who is a member of the
employee’s household, domestic partner or any parent, grandparent, step-parent, spouse, child,
step-child, grandchild, sibling, of the employee, or any parent, grandparent, step-parent of the
employee’s spouse regardless of residence.
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EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 24, REASONABLE DRESS POLICIES
PEAPS agrees that is in both the City’s and employees’ best interest that employees are dressed
professionally for the particular work they perform. PEAPS agrees that Department Heads can
develop reasonable professional dress standards that may include a uniform for each of their
departments. However, before any dress policies may be implemented, the City agrees that it
will provide the proposed policy to PEAPS for its review and input.
24.1 Police Department Uniform Policies
PEAPS agrees that the Uniform Regulations, Specification Section, of the Police Department
Manual shall apply to employees to extent that provisions do not conflict with this MOU or the
City's personnel rules.
ARTICLE 25, CELLULAR PHONE POLICY
If the City Manager determines that an employee is eligible to receive a City cell phone, the
employee shall be issued a City cell phone at the City’s expense.
ARTICLE 26, COMMERCIAL LICENSE REQUIREMENT
Certain positions as identified in the job descriptions for shall require possession of a
commercial driver's license with a “P” endorsement. For current employees promoted into
positions requiring the endorsement, they shall have six (6) months to obtain the required
endorsement. Failure to obtain the required endorsement shall subject the employee to
disciplinary action.
ARTICLE 27, CHANGE OF PAY PERIOD ENDING DATE
In the event that all units agree to a change in the pay periods PEAPS agrees to the change,
as long as there is no loss of pay due to a changeover. PEAPS also agrees that should the
City advance any pay, the amount of advance will be deducted from the employee's last
paycheck.
ARTICLE 28, PEAPS RIGHTS AND RESPONSIBILITIES
A. Board Meetings
PEAPS may conduct Board Meetings once a month during the weekday, not to exceed
two (2) hours (meeting to include lunch break).
B. PEAPS Stewards
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by PEAPS among the stewards on the PEAPS Board of Stewards to carry out
stewards' functions under this MOU. A steward who intends to use any part of the hours
bank shall obtain the prior permission of the supervisor as well as the PEAPS Board
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and such permission shall not be unreasonably withheld. The PEAPS President shall
be personally responsible for notifying the City's Human Resources Department of the
use of such hours. 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. PEAPS agrees that it will provide a statement at the City’s
request at least twice a year regarding the use of such time. The statement will be
provided within one calendar week of the request.
C. Voluntary PAC Contributions
PEAPS members may voluntarily authorize recurrent contributions to the PEAPS Political
Action Committee (PAC) by completing and submitting the deduction information on a form
furnished by the PEAPS. The City will have the contribution deducted from the employee’s
paycheck and forward the contribution to the PEAPS.
D. PEAPS Leave Bank
In addition to the bank of Stewards hours set forth in Article 28(A) above, in the second
pay period of January (starting in 2023 – for 2022 this will occur in the second pay period
following Council approval of this 2021-23 MOU) the City will deduct two (2) hours from the
vacation bank of each unit member with at least two (2) hours of accrued vacation.
These hours will be placed in a separate bank to be used as directed by the Association’s
Board for use by Association Officers or 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 notated on each employee’s time card. The City
agrees that the use of the time will not be unreasonably denied.
These hours will not carry over into the next calendar year. If any of the hours in the bank
have not been used by the time the two-hour deduction will occur in January, no hours will
be deducted until the remaining hours have been used. Once all hours have been used,
the two vacation hours (per unit member) will be deducted and placed into the bank in the
next pay period.
E. PEAPS Informational Bulletin Boards
1. Space shall be provided on City bulletin boards at their present locations for PEAPS
posting of notices and bulletins of the following types:
a. Notices of PEAPS recreational, social affairs, and related PEAPS business news;
b. Notices of PEAPS elections and such pertinent campaign material as is appropriate
under PEAPS policy;
c. Notices of PEAPS appointments and results of PEAPS elections;
d. Notices of PEAPS meetings;
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e. PEAPS constitution, by-laws, and proposed amendments thereto; and
f. Such other notices as may be mutually agreed upon by the PEAPS and the Director
of Human Resources.
2. The City will provide either space on existing bulletin boards or will provide space to
put up a bulletin in the following facilities: the Airport, City Hall, Demuth Community
Center, James O. Jessie Desert Highland Unity Center; Leisure Center, Library,
Police Department, and City Yard which will be clearly marked as space available for
Public Employees Association of Palm Springs or up to a 4 foot by 4 foot board in the
area of the existing boards. The location and size will be mutually agreed upon by
the department head and PEAPS.
3. The material posted on a bulletin board is neither official City business nor endorsed by
the City and must not contain anything that would identify it as such. PEAPS shall not
knowingly post any false or misleading statement. In addition, no obscene or personal
attacks on City management or other persons shall be placed on any bulletin board. In
the event such material is posted, the City representative will so inform the PEAPS
representative, stating the basis for the objection, and such material shall be removed
from the bulletin board immediately.
ARTICLE 29, QUARTERLY MEETINGS
Employees may attend up to four PEAPS meetings per fiscal year (once a quarter) from 11:30
a.m. -1:30 p.m. which shall include their lunch period. Employees are required to inform their
supervisors of such meetings in advance. Supervisors have discretion to deny attendance to
ensure that work locations are adequately covered if necessary. However, that discretion will be
exercised reasonably.
ARTICLE 30, GRIEVANCE PROCEDURE
30.1 Definition of Grievance
A. A “Grievance” is a dispute of one or more employees or a dispute between one or more
employees involving the interpretation, application or enforcement of the provisions of the
MOU, or of the Personnel Rules and Regulations that are within the statutory scope of
representation, and for which there is no specific method of review provided by federal,
State or local law. A grievance may also be filed by the Association.
B. A grievance is also a claim by an employee that a letter of reprimand was issued to them
without legitimate cause.
C. 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.
D. Release or lay-off of employees during an initial probationary period after hire,
reinstatement, or reemployment is not subject to the grievance procedure.
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30.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, “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 - An employee must initiate the grievance within fifteen (15) working days of the
occurrence of the event giving rise to the grievance or within fifteen (15) working days after
the grievant should, with reasonable diligence, have had knowledge of such occurrence,
whichever is later.
C. Management Reply - Failure by management to reply to the employee's grievance within
the time limits specified under the grievance procedure shall automatically grant the
employee the right to process the grievance to the next level of review.
D. 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.
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 employee and
management, which must be confirmed in writing.
30.3 Informal Resolution
A. The responsibility of an employee with a 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 30.4 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.
30.4 Procedure
A. The employee shall submit the grievance in writing, with signature and date, and submit it
to their immediate supervisor within fifteen (15) working 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) working 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) working days
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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) working 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) working days of the 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) working 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. Other than remedies provided by law, 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 31, 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, an employee may submit a written response within 30 calendar days of
receipt of any such documents. The employee’s response shall be attached to the document in
the employee’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, an employee 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 employee is entitled by law. The
notice of intent to discipline will also advise the employee 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 employee of their right to respond to the
proposed discipline either in writing or orally at a meeting. If the employee does not
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respond within the time limits, the discipline will be imposed.
2. If the employee 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 employee 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 employee when the meeting (known as a “Skelly
process”) will take place.
3. During the Skelly process (assuming the employee wants to respond orally) the
employee has the right to be represented by a representative of their choice.
Participating in a Skelly process is an option to the employee who is the subject of
discipline. The employee may waive the Skelly process and proceed with their appeal.
It is an opportunity for the employee and/or their representative to respond to the notice
of intent to discipline.
4. The City representative who will hear the response 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 shall not have authority to impose discipline that is greater than
that which was originally proposed.
5. If the discipline is imposed or if it is recommended to be reduced but there is still some
discipline imposed, the City shall issue a notice of said 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 employee’s appeal rights
advising the employee 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.
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, a hearing officer shall hear the appeal.
2. The City and the employee or their 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 their findings,
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conclusions, and recommendations to the City Council.
C. Hearings
1. The hearing shall commence no more than ninety (90) days from the date of the filing
of the appeal 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 him/her
to testify; and to rebut the evidence against him/her. If the employee appealing the
discipline does not testify on her/his own behalf, they may be called and examined as if
under cross-examination. Oral evidence shall be taken only on oath or affirmation. A
court reporter will be engaged to record the hearing. The cost of the reporter will be paid
for by the City. However, if the employee wants to order a transcript it will be at their cost.
The cost of the hearing officer will be paid for by the City.
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
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and evidence. They shall base their 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 they believe 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 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 their discipline of its decision regarding the appeal
within thirty (30) days of the receipt of the hearing officer's report. However, the City
Council may extend the time to issue its decision beyond the thirty (30) day period if it
believes it is necessary. The decision of the City Council regarding the appeal shall be
the final step in the administrative appeal process. However, any disciplinary action is
deemed final as of the effective date. Copies of the City Council's decision, including
the hearing officer's report shall be filed where appropriate, including the employee's
personnel file. The City Council’s decision is subject to review by a superior court
pursuant to Code of Civil Procedure Section 1094.6.
7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued
at the request of either party, not less than ten (10) 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 their representative and the representative
for the City.
ARTICLE 32, NO STRIKES, WORK STOPPAGES OR LOCKOUTS
In consideration of the mutual desire of the parties to promote and ensure harmonious relations,
the City agrees that there shall be no lockout or the equivalent of employees, and PEAPS and the
employees agree that there shall be no strike or other concerted action resulting in the withholding
of service by the employees during the term of this MOU. In the event of a work action by the
employees, PEAPS shall direct the employees to return to work. It is mutually understood and
agreed that the City has the absolute right to impose discipline and, in that regard, shall have the
right to take disciplinary action, including discharge, against any employee who participates in any
manner in any strike or slowdown, withholding of services, picketing in support of a strike or other
concerted action while scheduled to work.
The curtailing of operations by the City in whole or part for operational or economic reasons shall
not be construed as a lockout. If the City does not have work for an employee due to the nature
of the job (e.g., Cogen employees and those who work at the pool when the pool is closed) such
employees will be assigned to perform other tasks within their abilities and they must perform the
assigned work to be paid.
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The provisions of this subsection shall not detract in any way from any restrictions imposed
by law on strikes and other types of work stoppages by public employees.
ARTICLE 33, CONTINUANCE OF MEMBERSHIP
All employees who are members of PEAPS shall continue and maintain their membership in
PEAPS for the duration of this MOU, except that any employee who is or becomes a member of
PEAPS may, during the period of June 16 through June 30, 2018, withdraw their membership in
PEAPS by notifying the City and PEAPS in writing of such withdrawal and that after such
withdrawal said employee will no longer be required to remain a member of PEAPS.
PEAPS agrees to enforce this provision and to indemnify, defend, and hold the City of Palm
Springs, and its employees harmless from any claims, demands, expenses, losses, liabilities,
and/or damages arising from the operation of this Section. Provided further, however, that the
City reserves the right to file suit in the Superior Court of the State of California for Riverside
County for the purpose of seeking declaratory relief as to whether or not this Section is legal and
valid under the laws of the State of California, and if said Section is declared invalid or unlawful,
it shall be of no force nor effect.
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APPENDIX A – DRUG AND ALCOHOL POLICY
The parties have a vital mutual interest in maintaining safe, healthful and efficient working
conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and
health risks not only to the user but also to co-workers and the citizens of Palm Springs. The
possession, use or sale of an illegal drug, marijuana or of alcohol on the job also poses
unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City
premises, at work locations, or while on duty or being compensated on an "standby".
PEAPS, City, and employees recognize that their future is dependent on the physical and
psychological well-being of all employees. PEAPS, City, and employees mutually acknowledge
that a drug and alcohol-free work environment benefits employees and citizens and agree to
comply with this policy at such time as a mutually agreed upon employee assistance program is
in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the possible
consequences of policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly
prohibited.
Section 2
When reasonable suspicion exists, the City may require an employee 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 their job safely is reduced.
Section 3
Any manager or supervisor requesting that an employee 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 employee of their right to representation. Such member shall
be given an opportunity to provide additional facts. An employee 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 thirty (30) minutes 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 employee to the testing facility. Testing
shall occur on City time and be paid for by the City. The facility used for testing shall be certified
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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
employee who tests positive on a confirmatory test will be given the opportunity to discuss the
results with a physician. 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 an employee’s performance. Such member shall notify
their 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 employee home on sick leave under
these circumstances.
Section 7
Employees 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
an employee with complete confidentiality and without adverse consequences to their
employment. Employees should be aware, however, that a request for assistance through the
EAP will not insulate such employee 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 employee to the EAP. Such referral shall be made available to the employee as an
alternative to disciplinary action. Referral would be subject to agreement by the employee to
enroll, participate in and successfully complete rehabilitation and/or counseling program and other
terms and conditions in a "Last Chance Agreement".
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APPENDIX B – Represented Classifications
Account Clerk I
Account Clerk II
Account Specialist I
Account Specialist II
Airport Operations Aide
Airport Operations Specialist I
Airport Operations Specialist II
Animal Services Officer
Building Inspector
Clerical Assistant
Code Compliance Officer
Cogeneration Technician
Cogeneration Technician, Senior
Community Outreach & Media Specialist
Community Service Officer
Crime Analyst
Crime Scene Technician
Dispatcher
Executive Services Assistant
Fire Prevention Specialist
Fleet Maintenance Technician II
Fleet Maintenance Technician III
Fleet Maintenance Technician III/Service Writer
Housing Program Assistant
Human Resources Technician
Industrial Technician
Information Technology Technician
Jail Transport Officer
Library Assistant
Library Assistant, Senior
Library Page
Lifeguard
Lifeguard, Lead
Maintenance Electrician
Maintenance Electrician (HVAC)
Maintenance Mechanic I
Maintenance Mechanic, Senior
Maintenance Technician I
Maintenance Technician II
Maintenance Technician, Senior
Maintenance Worker I
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Maintenance Worker, Lead
Parts & Office Assistant
Parts Specialist
Permit Center Technician
Planning Technician
Plans Examiner
Plans Examiner II
Police Records Technician
Police Services Officer
Police Trainee
Professional Standards Coordinator
Program Coordinator
Property Technician
Public Works Inspector
Rangemaster
Recreation Program Aide
Recreation Program Assistant
Secretary
Secretary, Senior
Street/Traffic Maintenance Worker
Street/Traffic Maintenance Worker, Lead
Street/Traffic Maint. Worker/Senior Heavy Equipment Operator
Item 1H - 36
TELECOMMUTING POLICY
PURPOSE
The purpose of the Telecommuting Policy is to allow City of Palm Springs (“City”) employees to
work at an alternate worksite for a part of their regular workweek. Telecommuting can improve
productivity and job performance as well as promote administrative efficiencies (e.g. reducing office
and parking space), reduce traffic congestion and transportation costs, support continuity of
operations, and sustain the recruitment and retention of a highly qualified workforce by enhancing
work/life balance through commute reduction.
DEFINITIONS
Alternate Worksite - An approved location(s), other than the employee's regular workplace, where
official City business is performed. The default Alternate Worksite is the employee’s home, unless
authorized by the employee’s Department Director.
Regular Workplace - an employer's place of work where employees normally are located. Most
commonly this is a City facility.
Remote Work - a work arrangement where the employee enters into a formal agreement with the
City to perform their usual job duties in an alternate work location for a portion of the employee’s
regular workweek.
Telecommuting - An employment arrangement in which the employee works at an Alternate
Worksite and utilizes a City issued computer/laptop, e-mail and/or cellphone to perform their work
functions.
Virtual Private Network – Any method of allowing remote connectivity to internal private systems
from external public networks, usually the internet via encryption software client or web portal
application. Examples would be Remote Desktop access and Banner access.
PROCEDURE
Position Eligibility Criteria
Telecommuting is not suitable for all employees and/or positions. The City Manager and each
Department Head has the discretion to determine the employees and positions who may
telecommute utilizing criteria that includes, but is not limited to:
1. The operational needs of the employee’s department and the City;
2. The potential for disruption to the City’s functions;
3. The ability of the employee to perform their specific job duties from a location separate from
their Regular Workplace without diminishing the quantity or quality of the work performed;
Item 1H - 37
4. The degree of face-to-face interaction with other City employees and the public that the
employee’s position requires;
5. The portability of the employee’s work;
6. The ability to create a functional, reliable, safe, and secure Alternate Worksite for the employee
at a reasonable cost;
7. The risk factors associated with performing the employee’s job duties from a location separate
from their Regular Worksite;
8. The ability to measure the employee’s work performance from a location separate from their
Regular Worksite;
9. The employee’s supervisory responsibilities;
10. The employee’s need for supervision;
11. Other considerations deemed necessary and appropriate by the employee’s immediate
supervisor, manager, or department head.
Employee Eligibility Criteria
The ability to telecommute is a benefit. Employees must be able to satisfactorily perform their
duties and responsibilities on a day-to-day basis. Employees must demonstrate the ability to
perform independently, effectively manage their time, and produce the quality and quantity of work
required for their position.
To be approved for a telecommute assignment, the employee must be in good standing. The Human
Resources Director will verify employee eligibility based on the following criteria:
1. The Employee has successfully passed probation in their current classification;
2. The Employee has not received a substandard rating in any rating factor on their
last performance evaluation;
3. The Employee is not currently on a Performance Improvement Plan;
4. The Employee has not been disciplined in the preceding twelve (12) months; and
5. The promotion of an employee to a higher position will terminate any approved
telecommute assignment. The employee will be required to successfully pass probation in
order to be considered for a new telecommute assignment.
The transfer of an employee in the same position may terminate any approved telecommute
assignment, at the discretion of the new supervisor.
Item 1H - 38
Telecommute Assignment
1. Any telecommute assignment is only valid with the approval of the employee’s Department
Head and the Human Resources Director. The City may, in its discretion, decide to terminate
the Agreement at any time. If the City, in its discretion, modifies or terminates the Agreement,
the City shall provide at least fourteen (14) calendar days’ notice to the employee before such
changes are put into effect.
2. Employee acknowledges and agrees that approval of the Agreement is subject to the discretion
of their Department Head and the Human Resources Director. Telecommuting will be
approved on a case-by-case basis consistent with the eligibility criteria above.
3. A telecommute assignment shall be limited to a total number of hours equaling a maximum of
two workdays in a workweek. The employee must designate a regular telecommute schedule
(“Work Schedule”) which designates when work will be performed at the Regular Worksite
and at the Alternate Worksite.
4. Work schedule arrangements shall be in compliance with the employee’s MOU. In the event
of a conflict between this policy and the MOU, the MOU shall take precedence. Non-exempt
employees who receive overtime shall be assigned a work schedule in the Agreement,
including rest and meal breaks. Any deviation from the Work Schedule must be approved in
advance, in writing, by the employee’s immediate supervisor. Non-exempt employees may
take rest breaks and must take meal breaks while telecommuting, just as they would if they
were reporting to work at their Regular Worksite. Non-exempt employees may not
telecommute outside their normal work hours without prior written authorization from their
supervisor.
5. Telecommuting employees are required to be accessible in the same manner as if they are
working at their Regular Worksite during the established telecommuting Work Schedule,
regardless of the designated location for telecommuting. Employees must be accessible via
telephone, email, and/or network access to their supervisor and other City employees while
telecommuting, as if working at their City worksite. Employees shall check their City-related
business phone messages and emails on a consistent basis, as i f working at their Regular
Worksite.
6. Employees shall work on a full-time basis, according to the employee’s MOU. Employees
are required to maintain an accurate record of all hours worked at the Alternate Worksite in
the same manner as work performed at the Regular Worksite. Employees shall record all non-
productive work time on their timesheet.
7. While telecommuting, employees shall adhere to the following
a. Have the Alternate Worksite be quiet and free of distractions, with reliable and
secure internet and/or wireless access.
b. Employees shall ensure dependent care will not interfere with work responsibilities.
c. Employees must notify their supervisor promptly if they will leave the Alternate
Worksite to conduct business on behalf of City.
d. Employees must notify their supervisor promptly when unable to perform work
assignments because of equipment failure or other unforeseen circumstances.
Item 1H - 39
e. If the City has provided City-owned equipment, employees agree to follow the City
Policy for the use of such equipment. Employees will report to their supervisor any
loss, damage, or unauthorized access to City-owned equipment, immediately upon
discovery of such loss, damage, or unauthorized access.
General Duties, Obligations and Responsibilities
Employees must adhere to the provisions set forth in this Policy and the terms of the
Telecommuting Agreement. Any deviation from the Agreement requires prior written approval
from the City.
1. All existing duties, obligations, responsibilities and conditions of employment remain
unchanged. Telecommuting employees are expected to abide by all City and departmental
policies and procedures, rules and regulations, applicable Memoranda of Understanding,
and
2. Employees authorized to perform work at an Alternate Worksite must meet the same
standards of performance and professionalism expected of City employees in terms of job
responsibilities, work product, timeliness of assignments, and contact with other City
employees and the public.
3. If approved, employees will be provided with City-issued equipment and must be used for
exclusively while telecommuting.
4. The City shall not be responsible for costs associated with the use of computer and/or cellular
equipment, including energy, data or maintenance costs, network costs, home maintenance,
home workspace furniture, elective ergonomic equipment, liability for third party claims, or
any other incidental costs (e.g., utilities associated with the employee’s telecommuting).
5. Employees may receive virtual private network (“VPN”) access, as approved by their
Department Head and/or Human Resources Director and Information Technology
Management.
6. Employees shall continue to abide by practices, policies and procedures for requests of
sick, vacation and other leaves of absences in accordance with the employee’s MOU.
Requests to work overtime, declare vacation or take other time off from work must be pre-
approved in writing by the employee’s supervisor. If an employee becomes ill while
working under a Telecommuting Agreement, the employee shall notify their supervisor
immediately and record on the timesheet any hours not worked due to incapacitation.
7. Employees must take reasonable precautions to ensure their devices (e.g., computers,
laptops, tablets, smart phones, etc.) are secure before connecting remotely to the City’s
network and must close or secure all connections to City desktop or system resources (e.g.,
remote desktop, VPN connections, etc.) when not conducting work for the City.
8. Employees shall contact the City Helpdesk for any technical support when working at the
Alternate Worksite. Employees shall not use third party technical support on City
equipment.
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9. Employees shall exercise the same precautions to safeguard electronic and paper
information, protect confidentiality, and adhere to the City’s records retention policies,
especially as it pertains to the Public Records Act and Health Insurance Portability and
Accountability Act (HIPAA). Employees must safeguard all sensitive and confidential
information (both on paper and in electronic form) relating to City work they access from the
Alternate Worksite or transport from their City worksite to the Alternate Worksite.
Employees must also take reasonable precautions to prevent third parties from accessing or
handling sensitive and confidential information they access from the Alternate Worksite or
transport from their City worksite to the Alternate Worksite. Employees must return all
correspondence to the City at the termination of the Telecommuting Agreement or upon
request by their supervisor, Department Head or Human Resources.
10. Employees’ salary and benefits remain unchanged. Workers’ Compensation benefits will
apply only to injuries arising out of and in the course of employment as defined by
Workers’ Compensation law. Employees must report any such work-related injuries to
their supervisor immediately. The City shall not be responsible for injuries or property
damage unrelated to such work activities, including injuries to third persons when said
injuries occur at the Alternate Worksite.
11. All of Employees’ existing supervisory relationships, lines of authority and supervisory
practices remain in effect.
12. Any breach of the telecommuting agreement by the employee may result in termination of
the Agreement and/or disciplinary action, up to and including termination of employment.
Item 1H - 41
CITY OF PALM SPRINGS
TELECOMMUTING AGREEMENT
The Telecommuting Agreement is recommended for the employee listed below:
Dept/Division Regular Worksite Effective Date
Last Name First Name/Middle Initial Organization #
Employee Acknowledgement:
I, the undersigned employee (“Employee”), have read the Telecommuting Policy in its entirety and I agree to
abide by the terms and conditions it contains. I understand and agree that the Telecommuting Agreement
(“Agreement”) is contingent upon Department Head and Human Resources Director approval.
I understand and agree that the Agreement is voluntary and may be terminated at any time. I further understand
that the City may, at any time, change any or all of the conditions under which approval to participat e in the
Agreement is granted, with at least fourteen (14) calendar days’ notice.
I agree to exercise the same precautions to safeguard electronic and paper information, protect confident iality,
and adhere to the City’s records retention policies, especially as it pertains to the Public Records Act and HIPAA.
I agree to and understand my duties, obligations and responsibilities. I also understand it is my responsibility to
provide adequate advance notification to my supervisor if I am unable to keep any of the agreed upon
commitments and/or deliverables. If I fail to do so, I understand this Agreement may be terminated.
Employee’s current schedule (“Work Schedule”) type (5/40, 9/80, 4/10):
Day Morning Lunch Afternoon Total Hours
Start End Start End
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Continue on next page Item 1H - 42
Approved Alternate Worksite(s)
Address(es) of Alternate Worksite Phone Number(s)
The employee’s designated telecommute days/hours are as follows:
0 Monday 0 Tuesday 0 Wednesday 0 Thursday 0 Friday
The Employee agrees to report work-related injuries to the Employee’s supervisor at the earliest
reasonable opportunity. The Employee agrees to hold the City harmless for injury to third parties at the
Alternate Worksite.
I hereby affirm by my signature that I have read this Agreement, and understand and agree to all of its provisions.
Employee Signature DATE
Employee Print Name
Approval of Human Resources Director DATE
Approval of Department Head DATE
DISTRIBUTION: Employee/ Personnel File/ IT –
Item 1H - 43
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THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
Date:
By:
PEAPS Representative (Print)Signature
By:
PEAPS President (Print) Signature
By:
PEAPS Vice President (Print)Signature
CITY OF PALM SPRINGS
Date:
By: By:
City Manager Labor Attorney
Attest:
By: By:
City Clerk Director of Human Resources
Approved to form:
By:
City Attorney
Council Approval:
Item 1H - 44
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
MEMORANDA OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN
THE PUBLIC EMPLOYEES’ ASSOCIATION OF PALM
SPRINGS FOR THE PERIOD JULY 1, 2021 THROUGH
JUNE 30, 2023, SUBJECT TO ASSOCIATION EXECUTING
THE MEMORANDUM 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 Public Employees
Association of Palm Springs (“PEAPS”); and
WHEREAS, as a result of such good faith negotiations, the City Negotiation
Team have reached agreement PEAPS on the terms and conditions of a Memorandum
of Understanding (“MOU”) governing employees of the City of Palm Springs within such
Association; and
WHEREAS, PEAPS and the City Negotiation Team jointly recommend adoption
of such MOU by the City Council;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between PEAPS 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. 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.
ADOPTED THIS 24TH DAY OF February 2022.
JUSTIN CLIFTON
Item 1H - 45
Resolution No. _____
Page 2
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1H - 46
Resolution No. _____
Page 3
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. ____ 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 February 24, 2022, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 24th day of February, 2022.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1H - 47