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CITY COUNCIL STAFF REPORT
DATE: JUNE 5, 2023 CONSENT CALENDAR
SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE PALM SPRINGS
PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS AND THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS
FROM: Scott C. Stiles, City Manager
BY: Department of Human Resources
SUMMARY:
The City has reached a tentative Memorandum of Understanding (MOU) agreement with
the Palm Springs Public Employees Association (PEAPS) and the Management
Association of Palm Springs (MAPS). The City Council will consider adopting a Resolution
approving the Memoranda of Understanding between the City and the Associations.
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 PALM SPRINGS PUBLIC EMPLOYEES ASSOCIATION
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS FOR THE
PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026, SUBJECT TO
ASSOCIATIONS 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, salary schedules, agreements and
contracts, and any non-substantial MOU language or reorganization.
STAFF ANALYSIS:
The City and representatives of PEAPS and MAPS 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 and MAPS for the period July 1, 2023
through June 30, 2026.
Item 1B - Page 1
City Council Staff Report
June 5, 2023 -- Page 2
PEAPS AND MAPS MOU
The three-year term agreement with PEAPS and MAPS includes a 5% increase to base
salary every year of the contract beginning with the pay period that includes July 1, 2023
and the addition of Indigenous Peoples’ Day. Other changes include a reopener
agreement to discuss opening City Hall and Police Department five days a week, the
restructuring of holiday pay, and simplifying the safety shoe and education reimbursement
programs.
The agreement was reached through negotiations with PEAPS and MAPS and the City
Negotiation team, which jointly recommend City Council adoption of the MOUs.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the
whole of an action, which has a potential for resulting in either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to approve agreements for the above-mentioned
bargaining units, and is exempt from CEQA pursuant to Section 15378(b), in that a
“Project” does not include: (5) Organizational or administrative activities of governments
that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The requested action aligns with the City Council identified major theme/principle of
Forward-Thinking Governance.
FISCAL IMPACT:
During the term of the agreement the anticipated annual additional cost for PEAPS is:
Year 1 - $928,000
Year 2 - $1,948,000
Year 3 - $3,068,000
During the term of the agreement the anticipated annual additional cost for MAPS is:
Year 1 - $575,000
Year 2 - $1,214,000
Year 3 - $1,917,000
Item 1B - Page 2
City Council Staff Report
June 5, 2023 -- Page 3
PEAPS AND MAPS MOU
REVIEWED BY:
Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Memorandum of Understanding
Item 1B - Page 3
ATTACHMENT A
Item 1B - Page 4
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 PALM
SPRINGS PUBLIC EMPLOYEES ASSOCIATION AND THE
MANAGEMENT ASSOCIATION OF PALM SPRINGS FOR
THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2026,
SUBJECT TO ASSOCIATIONS 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 the Management Association of Palm
Springs (“MAPS”); and
WHEREAS, as a result of such good faith negotiations, the City Negotiation Team
have reached agreement with PEAPS and MAPS on the terms and conditions of a
Memorandum of Understanding (“MOU”) governing employees of the City of Palm
Springs within such Associations; and
WHEREAS, PEAPS, MAPS and the City Negotiation Team jointly recommend
adoption of such MOUs by the City Council;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between PEAPS and the
City, for the period July 1, 2023 through June 30, 2026, on file with the City Clerk and
incorporated herein by this reference, is hereby approved upon execution of said
Memorandum of Understanding.
SECTION 2. That the Memorandum of Understanding between MAPS and the
City, for the period July 1, 2023 through June 30, 2026, on file with the City Clerk and
incorporated herein by this reference, is hereby approved upon execution of said
Memorandum of Understanding.
SECTION 3. The City Manager is authorized and directed to fulfill any meet and
confer process(es) in accordance with these changes and execute documents necessary
to effectuate the above actions, including the allocation and compensation plans, salary
Item 1B - Page 5
Resolution No. _____
Page 2
schedules, agreements and contracts, and any non-substantial MOU language or
reorganization in a form acceptable to the City Attorney.
ADOPTED THIS 5TH DAY OF JUNE 2023.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1B - Page 6
Resolution No. _____
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, 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 June 5, 2023, 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 5th day of June, 2023.
Brenda Pree
City of Palm Springs, California
Item 1B - Page 7
ATTACHMENT B
Item 1B - Page 8
MANAGEMENT
ASSOCIATION OF PALM
SPRINGS (MAPS)
MEMORANDUM OF
UNDERSTANDING
JULY 1, 2023 – JUNE 30, 2026
Item 1B - Page 9
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Management Association of Palm Springs (MAPS)
Memorandum of Understanding
July 1, 2023 – June 30, 2026 GENERAL PROVISIONS .................................................................................................... 3
ARTICLE 1, TERM ...................................................................................................... 3
ARTICLE 2, RECOGNITION ....................................................................................... 3
ARTICLE 3, PRACTICES ............................................................................................ 3
ARTICLE 4, FEDERAL AND STATE LAWS ................................................................ 3
ARTICLE 5, MAINTENANCE OF BENEFITS .............................................................. 4
COMPENSATION / OTHER PAY ........................................................................................ 5
ARTICLE 6, SALARIES ............................................................................................... 5
ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY.................................................. 5
ARTICLE 8, OVERTIME AND STANDBY PAY ............................................................ 5
ARTICLE 9, ACTING OUT OF CLASSIFICATION ....................................................... 6
ARTICLE 10, SPECIAL COMPENSATION .................................................................. 7
ARTICLE 11, UNIFORM ALLOWANCE AND SAFETY BOOTS .................................. 8
ARTICLE 12, MILEAGE .............................................................................................. 9
BENEFITS ........................................................................................................................ 10
ARTICLE 13, HEALTH INSURANCE......................................................................... 10
ARTICLE 14, HEALTH INSURANCE FOR RETIREES .............................................. 12
ARTICLE 15, RETIREMENT ..................................................................................... 14
ARTICLE 16, EDUCATION REIMBURSEMENT ....................................................... 15
ARTICLE 17, EMPLOYEE SERVICE AWARDS ........................................................ 16
ARTICLE 18, CELL PHONES.................................................................................... 16
WORK HOURS / LEAVE ................................................................................................... 17
ARTICLE 19, WORK SCHEDULE ............................................................................. 17
ARTICLE 20, ANNUAL LEAVE .................................................................................. 17
ARTICLE 21, HOLIDAYS .......................................................................................... 19
ARTICLE 22, BEREAVEMENT LEAVE ..................................................................... 20
EMPLOYER / EMPLOYEE RELATIONS ................................................................... 21
ARTICLE 23, DRUG POLICY/DRUG SCREENING ................................................... 21
ARTICLE 24, LAYOFF .............................................................................................. 21
ARTICLE 25, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP .................. 21
ARTICLE 26, MEETINGS .......................................................................................... 21
ARTICLE 27, ASSOCIATION TIME BANK ................................................................ 21
ARTICLE 28, STRIKES AND WORK STOPPAGES .................................................. 21
ARTICLE 29, GRIEVANCE PROCEDURE ................................................................ 22
ARTICLE 30, DISCIPLINE ......................................................................................... 24
ARTICLE 31, WAIVER OF FURTHER BARGAINING................................................ 27
APPENDIX A – DRUG AND ALCOHOL POLICY ............................................................... 28
APPENDIX B – MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS ................ 30
Item 1B - Page 10
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF PALM SPRINGS)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2023 – JUNE 30, 2026
GENERAL PROVISIONS
ARTICLE 1, TERM
MAPS AND CITY agrees as follows:
This MOU shall be for the period commencing July 1, 2023, and terminating at 11:59
p.m. on, June 30, 2026.
The Parties agree on a reopener during the term of this MOU to discuss the subject of City
Hall and the Police Department being open five days per week. The parties agree that if
the City requests to reopen negotiations, it will not propose to eliminate the 4/10 work
schedule.
ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Management Association of Palm Springs (hereinafter referred to as “MAPS”)
is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit (“Unit”) as defined
in Appendix B of this MOU.
B. MAPS and the City have met and conferred in good faith on wages, hours and other
terms and conditions of employment for the employees represented by MAPS and
have reached agreements which are set forth in this Memorandum of Understanding
(hereinafter referred to as the “MOU”).
ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer-employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment.
ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
Item 1B - Page 11
4
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Unit as represented by MAPS (referred to as “unit members” in this MOU)
shall not be deemed affected by this MOU, except as specifically modified by provisions
hereof or by actions taken in implementation hereof.
Item 1B - Page 12
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COMPENSATION / OTHER PAY
ARTICLE 6, SALARIES
Effective the later of the pay period which includes July 1, 2023 or the pay period following
Council approval of this MOU, unit members shall receive a five percent (5.0%) salary
increase.
Effective the pay period which includes July 1, 2024, unit members shall receive a five
percent (5.0%) salary increase.
Effective the pay period which includes July 1, 2025, unit members shall receive a five
percent (5.0%) salary increase.
For each classification represented by the Association, there is one range on the salary
schedule.
Employees who promote into the unit will be placed at a step on the salary schedule at
least five percent (5%) above (unless five percent (5%) would cause the employee’s
salary range to be above top step for the classification hired into) the step from which they
were at in their prior job classification with the City.
Employees who are promoted within the unit will be placed at the lowest step in their new
classification which will ensure that they receive at least a five percent (5%) increase from
their current salary.
ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY
Unit members shall be advanced one-step on the salary schedule effective on each
member’s anniversary date, provided the member’s service has been continuous and
they have at least a “meets expectations” or higher service rating on their most recent
performance evaluation. Such consideration for a salary advancement shall only be given
effective on each anniversary date until the member reaches the top step of the range.
Any unpaid leave of absence in excess of twenty (20) consecutive days will extend a
member’s anniversary date by the length of such leave.
ARTICLE 8, OVERTIME AND STANDBY PAY
8.1
The bargaining unit is made up of employees who are both exempt and non-exempt from
overtime per the Fair Labor Standards Act (FLSA). The parties agree that each of the
classifications represented by the Association along with their designation as either exempt
or non-exempt is set forth in Appendix B to this MOU. For purposes of this MOU, overtime
or compensatory time off provided to employees (as provided in the paragraph below) who
occupy classifications designated as exempt will be provided to employees pursuant to this
MOU, not because these employees are entitled to overtime per the FLSA. Non-exempt
employees are entitled to overtime or compensatory time off as provided below in
accordance with the FLSA.
Item 1B - Page 13
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The City agrees that if a Unit member is asked to work more than forty (40) hours in a week,
such member will be eligible to receive overtime or compensatory time off, either MOU
overtime/compensatory time off for exempt employees or FLSA overtime/compensatory
time off for non-exempt employees. If the employee accrues compensatory time off, all
requests to use that time will be honored if the employee provides reasonable notice unless
it would be unduly disruptive to do so. The maximum compensatory time off accumulation
is one hundred (100) hours.
Unit members shall be required to log time in and time out. Employees may be allowed to
flex hours within a workweek, if approved in advance by the Department Head or designee.
8.2 Standby Pay
Unit members shall be paid for two (2) hours per day for standby pay at the employee’s
regular hourly rate and not subject to overtime premium. Department Heads, Managers
and Supervisors placing employees on standby are encouraged to provide unit members
with advanced notice (when possible) of placement on standby.
Unit members on standby shall receive a cell phone from the City and will be required to
respond to the call or text as quickly as possible. Upon responding, the member will be
instructed as to whether they are required to return to work and will be informed of the
location to which they must respond. Response time will generally be one hour and any
additional minimal time necessary to get ready to return to work. Standby lists shall be
created monthly, at least one week in advance of any standby shift. Members will be
permitted to trade stand-by shifts with their colleagues.
ARTICLE 9, ACTING OUT OF CLASSIFICATION
9.1 Employees Who Are Assigned to Another Classification On An Acting Basis
On the second consecutive workday that a Unit member is assigned to an acting
assignment such member shall be entitled to additional compensation equal to the lowest
step on the range of the higher classification which will provide an increase in pay of 5%,
but not to exceed the top step of the classification for which such member is performing
acting out of class duties ("acting pay"). Such acting pay shall be prospective only,
commencing the second consecutive workday the member is acting out of class and
continuing thereafter until such member ceases performing acting out of class duties.
9.2 Employees Who Are Not Assigned to Another Classification, But Who Are
Required To Perform Duties Not Covered By Their Classification
On the second consecutive workday that a Unit member is required to perform the majority
of the duties of a higher classification ("acting out of class") such member shall be entitled
to additional compensation equal to the lowest step on the range of the higher classification
which will provide an increase in pay of 5%, but not to exceed the top step of the
classification for which such member is performing acting out of class duties ("acting pay").
Such acting pay shall be prospective only, commencing the second (2) consecutive day the
member is performing the majority of the duties of the higher classification and continuing
Item 1B - Page 14
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thereafter until such member ceases performing those duties.
ARTICLE 10, SPECIAL COMPENSATION
Per this article, unit members may only receive one of the following certification premiums
(set forth in Articles 10.1 – 10.3): Master’s Degree, professional certification, notary
certification or bilingual certification.
10.1 Education Incentive Pay
Unit members will be eligible to receive an additional 5.0% of their base salary for a Master's
Degree from a college or university accredited by either the Council for Higher Education
Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).
10.2 Certification Pay
Unit members will be eligible to receive an additional 5.0% of their base salary for maintaining
a professional certification related to their job that require Continuing Education Hours or
require testing or coursework to be recertified. Any employees who have previously
received certification pay from the City for certifications which do not require Continuing
Education Hours or require testing or coursework to be recertified, will continue to receive
that pay. However, effective July 1, 2014 certification pay for professional certifications will
only be provided to employees who maintain certifications related to their job which require
Continuing Education Hours or require testing or coursework to be recertified. Each
Department must approve the certification pay and determine if it is a certification necessary
for the department.
10.3 Notary Pay
Unit members designated by the City Manager may be eligible to receive an additional
5.0% Notary Certification Pay for being a licensed Notary Public. Designations for “Notary
Certification Pay” for Unit members shall be entirely at the City Manager’s discretion.
Employees hired on or after October 4, 2018, will receive one hundred dollars ($100) per
month for Notary Certification Pay.
10.4 Bilingual Pay
Unit members are eligible for Bilingual Pay as provided in this section. The City Manager
shall determine the language needs as well as the number of members eligible for Bilingual
Pay. In order to be eligible for Bilingual Pay, a member must pass an examination (and as
set forth below, must recertify) demonstrating fluency in listening, writing and speaking the
desired second language.
Unit members hired before October 4, 2018 are eligible to receive five percent (5%) of base
salary in compensation for Bilingual Pay if their position is selected to receive Bilingual Pay
and they pass the required examinations. Members will be required to take both a
speaking and listening and a writing bilingual proficiency examination. These members
shall receive two and one half percent (2.5%) for passing the speaking and listening
portion of the bilingual proficiency exam and an additional two and one half percent (2.5%)
for passing the writing portion of the bilingual proficiency exam for up to a maximum of
Item 1B - Page 15
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five percent (5%) of base salary.
Members hired on or after October 4, 2018 who become eligible for bilingual pay shall
receive two hundred and fifty dollars ($250) per month for Bilingual Pay. Members will be
required to take both a speaking and listening and a writing bilingual proficiency
examination. Members shall receive one hundred and twenty-five dollars ($125) per
month for passing the speaking and listening portion of the bilingual proficiency exam and
an additional one hundred and twenty-five dollars ($125) per month for passing the writing
portion of the bilingual proficiency exam for up to a maximum of two hundred and fifty
dollars ($250) per month.
The examinations shall be developed and administered by the City to demonstrate
fluency in writing and speaking and listening the desired second language. All members
receiving bilingual pay must pass the prescribed examinations for each skill (one for
speaking and listening and the other for writing) every two years to continue to receive
bilingual pay for each skill. The City will notify members when they are required to re-
test. A member who passes one of the tests but not the other, will still be eligible to
receive their respective bilingual pay (2.5% or $125 per month for the skill passed. In
addition, the member may take a recertification examination after waiting at least three
(3) months after taking the recertification examination to which the employee did not pass.
If the member does not pass that recertification examination, they shall not be permitted
to take the recertification examination for that skill until their two-year cycle to recertify
has passed. The City will notify members when they are required to re-test.
If the member passes one of the two examinations they shall the respective incentive pay
(2.5% or $125 per month) for Bilingual Pay. If the member does not pass either or both
of those subsequent recertification examinations, they shall not be permitted to take the
recertification examination(s) for that skill until their two-year cycle to recertify has passed.
The Human Resources Department will coordinate the recertification examination for
each employee receiving bilingual pay.
For any members who receive Bilingual Pay, they must sign up to be present at and
prepared to use their bilingual skills at one City Council meeting per year. On the day of
the Council meeting for which the employee signs up, they shall adjust their work schedule
that day by starting four (4) hours later than their regular start time so that they can be
present at the Council meeting to utilize their bilingual skills.
ARTICLE 11, UNIFORM ALLOWANCE AND SAFETY BOOTS
City agrees to continue to pay a monthly uniform allowance of one hundred twenty-five
dollars ($125.00) to the Emergency Management Coordinator, the Fire Marshal and to
the Police Services Supervisor as a reimbursement for expenses incurred for acquisition
and maintenance of uniforms.
Each fiscal year the City will provide four (4) shirts, four (4) pants and a jacket for Airport
Operations Supervisors. The City will provide thirty dollars ($30.00) per month as
reimbursement for cleaning uniforms for the Airport Operations Supervisors, and effective
on the first day of the month following City Council approval of this MOU, the Code
Compliance Supervisor and the Maintenance Supervisor.
Item 1B - Page 16
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The City shall pay employees in the following classifications one hundred and seventy-
five dollars ($175.00) per year (which will be paid $14.58 per month) for the purchase of
safety boots that meet the general industry and ASTM F2413 standards: Maintenance
Supervisor, Fleet Manager, Streets Manager, Deputy Director of Maintenance and
Facilities, and Maintenance Superintendent.
ARTICLE 12, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
Item 1B - Page 17
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BENEFITS
ARTICLE 13, HEALTH INSURANCE
13.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees’ Retirement
Health Care Plan pursuant to the Public Employees' Hospital and Medical Care Act
(PEHMCA), Government Code Sections 22751 et seq., for the provision of health insurance
for members of the unit. The health insurance benefit provided through PEHMCA shall be
part of a cafeteria plan in accordance with IRS Code section 125 (“the Plan”) which also
includes:
A. Dental Insurance as addressed below in Section 13.3; and
B. Vision Insurance as addressed below in Section 13.5
The City will pay the CalPERS statutory minimum to comply with the Public Employees’
Hospital and Medical Care Act on behalf of all employees and retirees ($151 for 2023, and
a yet undetermined amount for beyond 2023. In addition, the maximum City contribution
to the Plan (i.e., health, dental and vision insurance) shall be determined annually based
on the formula that has been used by City which is inclusive of the PERS statutory
minimum. The formula involves taking the rate increase for each benefit as listed above,
and combining them to develop a single rate increase to the maximum contribution to the
categories listed below (i.e., single, two-party, and family).
The cafeteria plan rates effective January 1, 2023, are:
Category Maximum Contribution
Employee Only $855/month
Employee + 1 $1,723/month
Family $2,252/month
Since the actual amounts above also include the PERS statutory minimum, the actual
amounts provided to employees through the cafeteria plan are the above amounts minus
the PERS statutory minimum for each applicable calendar year.
In the event that the premium changes for health, dental and vision insurance (i.e., the
Plan benefits) exceed the City’s maximum rate of contribution by five percent (5%), the
amount of the excess shall be paid by unit members through a payroll deduction.
The maximum City monthly contribution for the Plan shall be determined by the health plan
selected (i.e., single, two-party, or family). Should an employee decline health coverage,
but elect either dental or vision coverage, there will be no Plan excess dollars paid to the
employee. The City will, however, pay the premiums for the dental and/or vision coverage/s
selected.
The Association acknowledges that the City’s agreement to pay up to five percent (5%)
Item 1B - Page 18
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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.
In the event a Unit member selects a health plan which does not require the City to make
a maximum contribution, then such unit member shall receive the remainder of the City
contribution (up to the maximum of $150.00 per pay period up to two pay periods per month
– twenty four (24) pay periods per year) as taxable wages.
13.2 Unit Members Who Opt Out of the Health Care Benefit Contribution
Unit members who choose to opt out of receiving the Heath Care Benefit Contribution
(i.e., receiving any portion of the total City contribution for any of the three benefits –
Medical, Dental and Vision) and who satisfy the Eligible Opt-Out Arrangement rules below
shall receive one hundred and fifty dollars ($150) (as taxable wages) per pay period (up
to two (2) pay periods per month - 24 pay periods per year).
Pursuant to the Affordable Care Act (ACA) Employer Mandate “affordability”
determination, an Eligible Opt-Out Arrangement requires the following for employees who
opt-out of employer-provided health coverage and receive cash in lieu:
A. Employee must provide reasonable evidence that the employee and each member
of the employee’s expected tax family (individuals the employee expects to claim
personal exemption deduction) have or will have minimum essential coverage
(other than coverage in the individual market, whether or not obtained through
Covered California) during the period of coverage to which the opt-out
arrangement applies;
B. The opt-out payment may not be made if the employer knows or has reason to
know that the employee or any other member of the employee’s expected tax
family does not have or will not have the alternative coverage;
1. The evidence of alternative coverage must be provided every plan year to
which the eligible opt-out arrangement applies; and
2. The reasonable evidence will be an attestation signed by the employee,
attesting to the above, and must be provided no earlier than a reasonable
period of time before each plan year begins.
13.3 Dental Benefits
City agrees to continue dental benefits at level(s) existing under the current Plans.
Although it is possible that the carriers could change, the levels of benefits through new
carriers will be equivalent. Item 1B - Page 19
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13.4 Life Insurance
Unit Members will receive $50,000.00 term life insurance coverage and $50,000.00
accidental death and dismemberment (AD&D) coverage.
13.5 Vision Benefits
City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this
MOU is executed. Although it is possible that the carriers could change, the levels of
benefits through new carriers will be equivalent.
13.6 Domestic Partner Coverage
Domestic partners may register with the Secretary of State and be eligible to enroll in a
CalPERS health plan. The law requires the following actions for a domestic partner to be
enrolled in a CalPERS health benefits plan: First, the Secretary must register the
domestic partnership, and provide a Declaration of Domestic Partnership to the domestic
partners.
The CalPERS enrollee must provide a copy of the Declaration of Domestic Partnership
and a signed Statement of Financial Liability (PERS form) to City. CalPERS will use the
same enrollment policies for domestic partnerships as currently used for traditional
marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document.
13.7 Short Term Disability
Employees are required to enroll in the short-term disability insurance plan and pay for
the benefit by making premium payments through a payroll deduction.
13.8 Long Term Disability
Long Term Disability shall continue to be provided by the City at the benefit level(s)
existing as of the date this MOU is executed. Although it is possible that the carriers could
change, the levels of benefits through new carriers will be equivalent.
ARTICLE 14, HEALTH INSURANCE FOR RETIREES
Retiree medical insurance is provided through CalPERS pursuant to PEMHCA.
The City has two tiers (including three qualifying levels within Tier 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 unit members (the CalPERS statutory minimum).
For unit members, (as addressed above in Article 13) the provision of additional money Item 1B - Page 20
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for medical insurance (i.e., in addition to the statutory minimum) is provided through a
cafeteria plan, which the parties have called the “Health Care Benefit Plan.” For Tier I
retirees with at least twenty (20) years of continuous service with the City, in addition to
the CalPERS statutory minimum, additional money for retiree medical insurance will be
provided pursuant to a Health Reimbursement Account (HRA) which has been
established by the City through a third party vendor who administers the Account. The
members pay for their chosen retiree medical insurance through a deduction from their
retirement payment from CalPERS. The third party vendor then disburses the below
described HRA benefit to each retiree as the retiree directs. The benefits provided by the
HRA are as follows:
A. Tier I – Level 1 – Retirees Who Were First Employed Before September 7, 2005
And Who Have At Least 25 Years of Continuous Service With the City:
These individuals will receive a dollar amount through the HRA which will equal
the City’s contribution for medical insurance up to two-party coverage (i.e., a single
party will only be provided single party coverage) as described above under the
provision of retiree medical insurance (i.e., the member’s maximum benefit is tied
to the plan chosen by the member at the time the member leaves active service
unless the member chooses a less costly plan in retirement and then it is tied to
that plan because the employee cannot be reimbursed for more than 100% of the
cost of the plan) for employees minus the particular calendar year’s CalPERS
statutory minimum amount. If a member chooses a more costly plan as a retiree,
they will have additional out-of-pocket medical expenses.
If a member chooses a more costly health plan prior to retirement, they must have
chosen the plan at least one year prior to retirement or the health plan used for
determining the maximum benefit under the HRA will be the plan previously chosen.
B. Tier I – Level 2 – Retirees Who Were First Employed Before September 7, 2005
And Who Have At Least 20 Years Of Continuous Service With the City:
These individuals will receive a dollar amount through the HRA which will equal
seventy-five percent (75%) of the City’s contribution for medical insurance up to
two-party coverage (i.e., a single party will only be provided single party coverage)
as described above under the provision of retiree medical insurance (i.e., the
member’s maximum benefit is tied to the plan at the time the member leaves active
service unless the member chooses a less costly plan in retirement and then it is
tied to that plan because the employee cannot be reimbursed for more than 100%
of the cost of the plan) for members minus the particular calendar year’s CalPERS
statutory minimum amount. If a member chooses a more costly plan as a retiree,
they will have additional out-of-pocket medical expenses.
If a member chooses a more costly health plan prior to retirement, they must have
chosen the plan at least one year prior to retirement or the health plan used for
determining the maximum benefit under the HRA will be the plan previously chosen.
C. Tier I – Level 3 – Retirees Who Were First Employed Before September 7, 2005
But Who Have Less than 20 Years Of Continuous Service With the City:
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These individuals will not receive any additional contribution through the HRA.
They will receive the CalPERS statutory minimum amount towards their chosen
retiree medical benefit.
1. Service Credit for Health Insurance For Retirees in Tier 1
Members in Tier 1 shall be eligible for two years of service credit for the
purpose of being eligible for retiree health insurance (e.g., an employee with
18 years of continuous service will be eligible for the benefits available to
those with 20 years of continuous service) if in the month of June the
member makes an irrevocable offer to retire (which will be immediately
accepted by the City) by no earlier than ninety (90) days from the date of
notice or later than December 31 of that same calendar year. The additional
two (2) years of service credit will sunset on December 31, 2028.
D. Tier II – Members First Hired on September 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 15, RETIREMENT
15.1 Retirement Formula
Unit members (and not “new members as defined by the Public Employees’ Pension
Reform Act of 2013 - PEPRA) hired prior to December 24, 2012 are covered by the 2.7%
@ 55 formula provided for by the Public Employees’ Retirement Law at Government Code
section 21354.5. These employees’ retirement will be calculated pursuant to the optional
benefit (in the City’s contract with CalPERS) of single highest twelve month period.
Unit members (and not “new members as defined by the Public Employees’ Pension
Reform Act of 2013 - PEPRA) hired after December 24, 2012 are covered by the 2% @
60 formula provided for by the Public Employees’ Retirement Law at Government Code
section 21353.3. These employees’ retirement will be calculated per the three year
average final compensation per Government Code 20037.
Unit members who are defined as “new members” under the PEPRA, are covered by the
2% @ 62 formula provided for by the PEPRA at Government Code section 7522.20(a).
These employees’ retirement will be calculated per the three year average final
compensation as provided for by the PEPRA per Government Code section 7522.32(a).
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15.2 Employee Contributions to the Retirement System
Employees subject to the 2.7%@55 Formula:
These Unit members shall pay their eight percent (8%) member contribution.
Employees subject to the 2% @ 60 Formula:
These employees pay the seven percent (7%) member contribution.
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.
15.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by IRS
Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term
is used in section 414(h)(2)) of their employee contribution is made on a pre-tax basis.
15.4 Optional Benefits
A. The City contracts with CalPERS for the following optional benefits:
B. Pre-retirement death benefits to continue after remarriage of survivor – Government
Code section 21551
C. Death Benefit – Government Code section 21620
D. Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and
21635
E. 1959 Survivor Benefit Level 4– Government Code section 21574. Employees pay
the employee premium for this benefit.
F. Military Reallocation Credit - Government Code section 21024
G. Final Compensation Period One Year - Government Code section 20042 for classic
members
H. 2% Cost of Living Allowance - Government Code section 21329
I. Prior Service - Government Code section 20055
ARTICLE 16, EDUCATION REIMBURSEMENT
Employees in good standing who hold regular appointments in the City Service shall be
eligible for educational reimbursement. Courses must be from a college or university
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accredited by either the Council for Higher Education Accreditation (“CHEA”) or the U.S.
Department of Education (“USDE”). No Unit member shall receive more than $1,500/fiscal
year through the Educational Reimbursement Program.
ARTICLE 17, EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members.
ARTICLE 18, CELL PHONES
A. The decision as to which employees in MAPS need to have/use a cell phone for
work shall remain within the discretion of the City Manager.
B. The City retains the discretion to remove the cell phone at any time if it determines
the employee does not need to use a cell phone for the position.
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WORK HOURS / LEAVE
ARTICLE 19, WORK SCHEDULE
All unit members shall be assigned to work a 4/10 work schedule; four consecutive work
days followed by three consecutive days off. If an employee is working a 4/10 schedule
and the City desires to change the work schedule to a different work schedule, including
5/8 work schedule, the City will request to meet and confer with the Association who
agrees will promptly meet and confer with the City.
A unit member scheduled to work a 4/10 work schedule may request to work a four day
– nine hour work schedule (4/9). Such a request is subject to Department Head approval
and once granted, may be revoked at any time. A decision to deny a request for such a
work schedule is not subject to challenge or grievance. The Department Head has total
discretion as to whether to grant a request for such work schedule and whether the
schedule should continue. The parties agree that City Hall will remain closed on Fridays.
If the Executive Director of the Palm Springs International Airport desires to change a
member’s schedule due to changes in flight schedules, the Association agrees that it will
meet with the City as soon as possible to address the issue.
Employees are required to take a meal period of at least thirty (30) minutes. The meal
period cannot be taken to shorten an employee’s work day at the beginning or end of their
shift.
ARTICLE 20, ANNUAL LEAVE
20.1 Conversion and Definition
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. Annual leave shall substitute for either vacation or sick leave.
20.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for employees.
20.3 Annual Leave Cash-Out
By December 15 of each year, unit members may make an irrevocable election to cash
out up to the maximum number of hours of annual leave which they can accrue per year
which will be earned in the following calendar year at the employee’s base rate of pay. In
the following year, the employee can receive the cash for the annual leave they
irrevocably elected to cash out in either two (2) separate increments of up to half their
annual accrual cap (i.e., for those who accrue 20.67 hours per month - 248 hours per
year, 124 hours each) or one (1) increment of up the maximum they can accrue in a year.
The member would be paid one half of what they irrevocably elect to cash out hours on
both the second pay day in July and the second pay day on November or the employee
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can elect to be paid their full amount they elected to cash out on the second pay day in
November. However, if the member’s annual leave balance is less than the amount the
employee elected to cash out (in the prior calendar year) the member will receive cash
for the amount of leave the member has accrued at the time of the cash out.
If a member makes an irrevocable election to cash out annual leave in the following
calendar year and uses annual leave in that subsequent year, the annual leave used will
come from annual leave the member had earned prior to January 1 of the year the
employee has elected to cash out annual leave. This is to ensure that assuming an
member had an annual leave balance prior to January 1, the annual leave used will not
result in a reduction in the amount of annual leave the member will be eligible to cash out.
In addition to the above, a member shall have the option of converting accrued and vested
annual leave to their deferred compensation account on both the second pay day in July
and the second pay day in November.
20.4 Cash Out of Annual Leave at Separation
Upon separation, an employee shall be paid for their accrued and vested annual leave at
their current salary rate as well as those pays set forth in Article 10 that an employee may
receive (i.e., Education, Notary and/or Bilingual Pay). The payment of the annual leave
shall be paid at the next regularly scheduled pay-day after separation.
All unpaid accrued and vested annual leave of deceased employees shall be paid to the
estate of said deceased except as otherwise provided by law.
20.5 Eligible To Use
Unit members shall be eligible to use annual leave as it is accrued. Unless an employee is
on a statutorily protected leave (such as FMLA/CFRA or PDL) an employee shall not be
permitted to go on a leave without pay until they exhaust all accrued annual leave.
20.6. Accrual Rates
Unit members shall accrue and vest annual leave on a monthly basis in accordance with
the following schedule:
Years of Service Hours Accrued & Vested Monthly
0 through 5 16
6 through 10 18
11 and after 20.67
Annual leave shall begin to accrue on the first day of the month following employment
with the City.
20.7 Less than full-time employees
Less than full-time employees will accrue and vest annual leave on a pro-rated basis
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based on their allocated full time equivalent.
ARTICLE 21, HOLIDAYS
21.1 City Holidays
Employees shall be entitled to the following paid holidays if they were in paid status for
the entire day the day before and the day after the holiday, (i.e., either the employee
worked or was absent using paid leave for the entire day on such workdays):
New Year's Day 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
Indigenous Peoples’ Day Second Monday in October
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day After Fourth Thursday in November
Christmas Eve December 24
Christmas Day December 25
One Additional Holiday earned into the Holiday Bank on January 1
21.2 Hours Earned For Each Holiday
Employees regularly scheduled to work ten (10) hours per day earn ten (10) hours for
each holiday. Employees regularly scheduled to work eight (8) hours per day earn eight
(8) hours for each holiday. These employees will also accrue two (2) hours of Annual
Leave (for a total of twenty-four (24) hours per calendar year) for each holiday including
when the holiday bank is used.
All full-time employees accrue ten (10) hours to their holiday leave bank for each observed
holiday. 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. Part-time employees will accrue a
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.
21.3 How City Holidays Are Observed By Employees
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). These holiday hours will
be placed in each employee’s holiday bank.
If Juneteenth, 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. If Item 1B - Page 27
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Christmas Eve falls on a Sunday, the hours will be placed in each employee’s holiday
bank.
21.3.1 Working on Observed Holidays
If an employee is required by their supervisor to work on an observed holiday, 10 hours
(pro-rated for part-time employees) will be credited to the employee’s holiday leave bank.
If an observed holiday occurs on a regularly scheduled workday and the employee is not
required to work, the employee will be paid 10 hours (pro-rated for part-time employees) of
holiday pay to create a full work week.
For employees who are required to work on the actual day of a holiday, they shall receive
time and one half for each hour worked on that day.
21.4 Holiday Bank
All holiday hours (i.e., whenever an employee does not take the day off on a holiday and
earns time rather than the day off) shall be placed in a holiday bank for use by employees
during the calendar year. Any hours in an employee’s holiday bank on the last pay day of
the calendar year shall be paid to the employee. If an employee leaves City employment,
any hours in the holiday bank at the time of termination will be paid to the employee.
In calendar year 2023, the first holiday to which the holiday bank will apply is July 4, 2023.
Employees with leave in the floating holiday bank as of the beginning of this 2023-2026
MOU, will have until December 31, 2023 to use any such hours. Those hours will no longer
be available starting in 2024.
Employees must request to use holiday leave just like they would request to use Annual
Leave. Approval of holiday leave shall not be unreasonably withheld.
ARTICLE 22, BEREAVEMENT LEAVE
Unit members shall be granted three (3) scheduled workdays in the event of a death in the
“immediate family” of an employee. Immediate family is defined as any relative by blood
or marriage who is a member of the employee's household, or any parent, grandparent,
stepparent, spouse, domestic partner, child, grandchild, sibling of the employee, or any
parent, grandparent or stepparent of the employee's spouse or domestic partner,
regardless of residence.
Effective January 1, 2023, employees who have been with the City for at least thirty (30)
days before the leave commences shall receive additional leave up to two (2) days without
pay, in any one (1) instance (which must be used within three (3) months from the date
of death and which days do not need to be taken consecutively), for bereavement leave
related to the death of an immediate family member. Employees may use any accrued
annual leave or compensatory time that is otherwise available to the employee for this
purpose.
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EMPLOYER / EMPLOYEE RELATIONS
ARTICLE 23, DRUG POLICY/DRUG SCREENING
The parties agree that their drug and alcohol policy is set forth in Appendix A to this MOU.
ARTICLE 24, LAYOFF
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at the same level of employee contribution that
was in effect upon the day of layoff. The City will pay one month’s premium directly to
CalPERS, and provide the employee with a check for the additional five (5) months’
premiums.
ARTICLE 25, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS’s treasurer.
ARTICLE 26, MEETINGS
26.1
MAPS may conduct a Board of Directors meeting once each month during the workday,
not to exceed two (2) hours.
26.2
MAPS may conduct one (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
ARTICLE 27, ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave time (annual leave or
compensatory time off) to a MAPS Time Bank. The Time Bank shall contain a maximum
of forty (40) hours at any given time available to officers of MAPS to conduct Association
business. Requests for use of banked hours shall require a request from the President
of MAPS on MAPS letterhead authorizing use of Banked Time. The use of the banked
time must first be approved by the employee’s immediate supervisor and the City agrees
that the use of the time will not be unreasonably denied. In addition, MAPS will provide
a report to the Human Resources Department upon request (up to twice a year) of the
use of these hours in the previous year.
ARTICLE 28, STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
MAPS, its officers, agents, representatives and/or members agree that they will not cause
or condone any strike, walkout, slowdown, sick out, or any other job action by withholding Item 1B - Page 29
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or refusing to perform services.
Any Unit member who participates in any prohibited conduct listed above shall be subject
to suspension, demotion, or dismissal by City. In addition to any other lawful remedies
or disciplinary actions available to City, if MAPS fails, in good faith, to perform all
responsibilities listed below as Association Responsibility, City may suspend any and all
rights and privileges accorded to MAPS in this MOU, including but not limited to
suspension of the Grievance Procedure and Dues Deduction.
28.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Unit members engage in
any Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must
immediately cease engaging in conduct prohibited in Section 29.1 and return to work.
ARTICLE 29, GRIEVANCE PROCEDURE
29.1 Definition of Grievance
A. A “Grievance” is a dispute of one or more employees or a dispute between one or
more employees involving the interpretation, application or enforcement of the
provisions of the MOU, or of the Personnel Rules and Regulations that are within
the statutory scope of representation, and for which there is no specific method of
review provided by federal, State or local law. A grievance may also be filed by the
Association.
B. A grievance is also a claim by a Unit member that a letter of reprimand was issued
to them was not properly issued.
C. Reviews of allocations or reallocations of positions as described in Personnel Rule
4.3.3 or reviews of examination ratings as described Personnel Rule 7.7 are
excluded from the grievance procedure. Allegations of harassment, discrimination
or retaliation are also excluded from the grievance procedure as they are
addressed by a separate procedure.
D. Release of members during an initial probationary period after hire, reinstatement,
or reemployment is not subject to the grievance procedure.
29.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further
referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working
days, currently Monday-Thursday, excluding holidays.
B. Initiation - A Unit member must initiate the grievance within fifteen (15) working days
of the occurrence of the event giving rise to the grievance or within fifteen (15) days
after the grievant should, with reasonable diligence, have had knowledge of such
occurrence, whichever is later.
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C. Management Reply - Failure by management to reply to the member’s grievance
within the time limits specified under the grievance procedure shall automatically
grant the employee the right to process the grievance to the next level of review.
D. Failure to Submit to Next Level - If a Unit member fails to submit from one level to
the next level within the time limits and in the manner provided under the grievance
procedure, the grievance shall not be subject to further consideration and will be
deemed resolved.
E. Waiver by Mutual Agreement - Any level of review or any time limits established in
the procedure may be waived or extended by mutual agreement between the Unit
member and management, which must be confirmed in writing.
F. Outside of Authority - If the supervisor, manager, or department head designated by
the grievance procedure below to receive the grievance determines that they do not
have the authority to resolve it, that supervisor, manager, or department head, shall
so inform the grievant and forward the grievance to the next higher level of
supervision with authority to resolve it, if applicable, or advise the grievant in writing
they may continue to the next level in the process.
29.3 Informal Resolution
A. The responsibility of a Unit member with grievance is to promptly inform and discuss
the grievance with the department supervisor or designee in order to, in good faith,
endeavor to resolve the matter expeditiously and informally. If the grievance is filed
by the Association, it does not need to follow the informal resolution process. It can
file a written grievance per Article 29.4 with a manager who works in the department
to which the grievance relates.
B. If such informal discussion does not resolve the grievance to the Unit member’s
satisfaction, such member may file a formal grievance in accordance with the
procedure set forth in this section.
29.4 Procedure
A. The Unit member shall provide the grievance in writing, with signature and date, and
submit it to their immediate supervisor within fifteen (15) days of the initial
commencement of the occurrence being grieved. The supervisor shall further
consider and discuss the grievance with the Unit member and such employee’s
designated representative as deemed appropriate, and shall, within fifteen (15) days
of having received the written grievance, submit a response thereto in writing to the
employee and the member’s representative, if applicable.
B. If the written response of the immediate supervisor does not result in a resolution of
the grievance, the Unit member may further submit the grievance, by presenting a
written request, with date and signature, to the Unit member’s department head
within seven (7) days of the Unit member’s receipt of the supervisor’s response. The
department head may investigate the grievance and may set a meeting with the Unit
member, member’s designated representative, and other persons as deemed
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appropriate to consider the grievance. Within thirty (30) days of receipt of the
grievance by the department head, the department head shall submit a response to
the grievance to the Unit member and their representative, if applicable.
C. If the response by the department director, does not result in a resolution of the
grievance, the Unit member may further submit the grievance, by presenting a
written request, with date and signature to the Human Resources Director, for
submission to the City Manager, within seven (7) days of the unit member’s receipt
of the department head’s response. The City Manager or designated representative
may set a meeting with the Unit member, their designated representative, and other
persons as deemed appropriate, to consider the grievance. Within thirty (30) days
of receipt of the grievance the City Manager or designated representative shall
submit a response to the Unit member and their representative, if applicable. The
decision of the City Manager is final and binding.
D. This grievance procedure is the sole and exclusive method for alleging a violation,
misinterpretation or misapplication of any provision of this MOU or Personnel Rules.
ARTICLE 30, DISCIPLINE
The disciplinary appeals process is as follows:
Although probationary employees may be rejected from probation for any lawful reason,
once an employee passes their probationary period, they shall only be subjected to
discipline resulting in the loss of pay (defined as termination, demotion, suspension, or
reduction in pay) if the City can support its position by a preponderance of the evidence.
Such disciplinary action will be subject to the pre-action process described in paragraph
A below and the disciplinary appeal procedure in paragraph B below.
Written reprimands and counseling memos are not subject to the pre-action process and
may not be appealed. However, a member may submit a written response (within 30
calendar days of receipt of the document) to receiving any of these documents. The
member’s response shall be attached to the document in the member’s personnel file.
A. Pre-Action Due Process for Discipline Resulting in Loss of Pay (Termination,
Demotion, Suspension, Reduction in Pay)
1. Prior to being subject to any discipline that results in the loss of pay, a member
will first be served with a notice of intent to discipline by their supervisor,
manager or department head. This document will set forth the grounds for
discipline, the facts supporting the grounds and all evidence to which the
member is entitled by law. The notice of intent to discipline will also advise the
member of any prior discipline which the City representative issuing the notice
believes is relevant to the current discipline. In addition, the notice of intent will
advise the member of their right to respond to the proposed discipline either in
writing or orally at a meeting. If the member does not respond within the time
limits, the discipline will be imposed.
2. If the member chooses to respond in writing, they must insure their response is
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received by the representative who issued the notice of intent to discipline within
seven (7) calendar days of receiving the notice of intent to discipline. If the
member wishes to respond orally, they must call or write the City representative
who issued the notice of intent to discipline within seven (7) calendar days of
receiving the notice of intent to discipline informing the representative that they
wish to have an oral response. The City representative will advise the member
when the meeting (known as a Skelly meeting) will take place.
3. At the Skelly meeting (assuming the member wants to respond orally) the
member has the right to be represented. The Skelly meeting is not a hearing.
It is an opportunity for the member and/or their representative to respond to the
notice of intent to discipline. The member may be represented at the Skelly
meeting by a representative of their choice.
4. The City representative who will hear the response may or may not be the
person who issued the notice of intent to discipline. The decision will either be
to impose the proposed discipline, impose no discipline or to impose a lesser
discipline. The City representative hearing the response does not have
authority to impose discipline that is greater than that which was proposed.
5. If the discipline is imposed or if it is reduced but there is still some discipline
imposed, the City representative shall issue a notice of discipline. Like the
notice of intent, the notice of discipline shall set forth the grounds, and facts
supporting the discipline as well as any prior discipline relied on by the City
representative in imposing the discipline. The notice of discipline will also set
forth the member’s appeal rights advising the member that if they wish to
appeal the discipline, they must do so in writing by serving a notice of appeal
to the Human Resources Director within ten (10) 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, this process will be used which includes the use of a
hearing officer.
2. The City and the member or the member’s representative may agree on the
hearing officer. If they cannot agree, the hearing officer shall be chosen from
a panel of seven (7) hearing officers from a list provided State Mediation and
Conciliation Service. The parties shall alternately strike names until one
hearing officer remains. The parties shall flip a coin with the winner of the coin
flip getting to choose whether to strike the first name or the second name.
Names will be struck until the hearing officer is selected.
3. The hearing officer shall submit an advisory decision setting forth findings,
conclusions, and recommendations to the City Council.
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C. Hearings
1. The hearing shall commence no more than ninety (90) calendar days from the
date the hearing officer is selected provided that the parties may agree to a
longer period to commence the hearing.
2. All disciplinary hearings shall be closed to the public unless the affected
employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating
to evidence and witnesses. Any relevant evidence shall be admitted if it is the
sort of evidence on which reasonable persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common law or
statutory rule, which might make improper admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they
are now or hereafter may be recognized in civil and criminal actions, and
irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer
shall rule on the admission and exclusion of evidence.
4. Each party shall have these rights: to be represented by legal counsel or other
person of their choice; to call and examine witnesses; to introduce evidence; to
cross-examine opposing witnesses; to impeach any witness regardless of
which party first called the witness to testify; and to rebut the evidence against
them. If the employee appealing the discipline does not testify on their own
behalf, they may be called and examined as if under cross-examination. Oral
evidence shall be taken only on oath or affirmation. A court reporter will be engaged
to record the hearing. The cost of the reporter will be split between the City and the
Association.
5. The hearing shall proceed in the following order, unless the hearing otherwise
directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the
opposing party shall have the right to cross-examine the witnesses on any
matter relevant to the issues, even though that matter was not covered on
direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only,
unless the hearing officer for good reason permits them to offer evidence
upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of
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testimony and evidence. The hearing officer shall base findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
hearing officer, for good cause, otherwise directs. The hearing officer, prior
to or during a hearing, may grant a continuance for any reason believed to
be important to reaching a fair and proper decision.
f. The hearing officer may recommend sustaining, rejecting or modifying the
disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed
with the Director of Human Resources, who will forward them to the City
Manager who then forward to the City Council. The City Council, in its sole
discretion, may hear limited oral arguments and/or request written statements
from either party on the hearing officer’s advisory decision. The City Council
shall inform the employee appealing the discipline of its decision regarding the
appeal within sixty (60) calendar days of the receipt of the hearing officer's
report. However, the City Council may extend the time to issue its decision
beyond the sixty (60) calendar day period if it believes it is necessary. The
decision of the City Council regarding the appeal shall be the final step in the
administrative appeal process. However, any disciplinary action is deemed
final as of the effective date. Copies of the City Council's decision, including the
hearing officer's report shall be filed where appropriate, including the member’s
personnel file. The City Council’s decision is subject to review by a superior
court pursuant to Code of Civil Procedure Section 1094.6.
7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be
issued at the request of either party, not less than ten (10) calendar days prior
to the commencement of the hearing; after commencement, subpoenas shall
be issued only at the discretion of the hearing officer.
8. The time limits specified at any step in this procedure may be extended or
reduced by written agreement of the employee or representative and the
representative for the City.
9. Member or their representative and the representative for the City.
ARTICLE 31, WAIVER OF FURTHER BARGAINING
The terms agreed upon by the MOU shall take effect at the time specified herein upon
approval by Resolution of the City Council of the City of Palm Springs and shall remain in
full force and effect until midnight, June 30, 2026.
Item 1B - Page 35
28
APPENDIX A – DRUG AND ALCOHOL POLICY
The parties have a vital mutual interest in maintaining safe, healthful and efficient working
conditions. Being under the influence of a drug or alcohol on the job may pose serious
safety and health risks not only to the user but also to co-workers and the citizens of Palm
Springs. The possession, use or sale of an illegal drug, marijuana or of alcohol on the
job also poses unacceptable risks for safe, healthful and efficient operations. "On the job"
means while on City premises, at work locations, or while on duty or being compensated
on standby.
MAPS, City, and Unit members recognize that their future is dependent on the physical and
psychological well-being of all employees. MAPS, City, and Unit members mutually
acknowledge that a drug and alcohol-free work environment benefits employees and
citizens and members agree to comply with this policy at such time as a mutually agreed
upon employee assistance program is in place.
The purpose of this Policy is to define the City's drug and alcohol policy as well as the
possible consequences of a policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
Section 2
When reasonable suspicion exists, the City may require a Unit member to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol
so that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform the job safely is reduced.
Section 3
Any manager or supervisor requesting that a Unit member submit to a substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the
employee a copy. This report must advise the Unit member of the right to representation.
Such member shall be given an opportunity to provide additional facts. A Unit member who
is then ordered to submit to a substance abuse screening may request to be represented.
Because time is of the essence in drug screening, a representative must be available within
a reasonable time or the employee will then be ordered to submit to a substance screening.
Any employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
Section 4
The supervisor, or designee, shall transport the suspected Unit member to the testing
facility. Testing shall occur on City time and be paid for by the City. The facility used for
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29
testing shall be certified by the National Institute of Drug Abuse and comply with established
guidelines for “chain of custody” to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing and storage process.
Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
Any Unit member who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if they so choose, a positive test result.
Section 6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly
marked that they may cause significant drowsiness or impair a Unit member's
performance. Such member shall notify the member’s supervisor, before beginning work,
when taking such medications or drugs. In the event there is a question regarding such
member's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be required.
The City reserves the right to send such member home on Annual Leave under these
circumstances.
Section 7
Unit members with substance abuse problems are encouraged to participate voluntarily in
the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by a member with complete confidentiality and without adverse
consequences to employment. Unit members should be aware, however, that a request
for assistance through the EAP will not insulate such member from disciplinary action
already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete rehabilitation
and/or counseling program and other terms and conditions in a "Last Chance Agreement".
Item 1B - Page 37
30
APPENDIX B – MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS
Position FLSA Exemption
Account Technician, Senior Exempt Administrative
Accountant Exempt Professional
Accounting Manager Exempt Executive
Account Technician, Senior Exempt Administrative
Administrative Coordinator Exempt Administrative
Administrative Secretary Exempt Administrative
Administrative Specialist Exempt Administrative
Airport Administration Manager Exempt Executive
Airport Operations Manager Exempt Executive
Airport Operations Supervisor Exempt Executive
Airport Safety Management Systems Manager Exempt Executive
Airport Security Coordinator Exempt Administrative
Airport Security Supervisor Exempt Executive
Aquatics Manager Non-Exempt N/A
Aquatics Supervisor Non-Exempt N/A
Assistant Planner Non-Exempt N/A
Associate Planner Non-Exempt N/A
Aviation Planner Non-Exempt N/A
Audit & Revenue Supervisor Exempt Executive
Auditor Exempt Professional
Budget Analyst Exempt Administrative
Budget Manager Exempt Executive
Building Inspector Supervisor Exempt Executive
Business Systems Analyst Exempt Computer
Central Business District Administrator Exempt Administrative
Chief Deputy City Clerk Exempt Executive
Civil Engineer, Associate Exempt Professional
Civil Engineer, Senior Exempt Professional
Climate Action and Sustainability Specialist Exempt Administrative
Code Compliance Supervisor Non-Exempt NA
Community Center Manager Exempt Executive
Community Development Administrator Exempt Administrative
Deputy City Clerk Non-Exempt N/A
Deputy Director of Aviation – Marketing Exempt Professional
Deputy Director of Maintenance & Facilities Exempt Executive
Dispatcher Supervisor Non-Exempt N/A
Emergency Management Coordinator Exempt Administrative
Engineering Assistant Non-Exempt N/A
Engineering Assistant, Senior Exempt Administrative
Engineering Associate Exempt Professional
Fire Marshal Exempt Executive
Fleet Maintenance Manager Exempt Executive
GIS Analyst Exempt Professional
Homeless Outreach Coordinator Exempt Administrative
Housing Services Administrator Exempt Administrative
Human Resources Specialist Exempt Administrative
Human Resources Specialist, Senior Exempt Administrative
Information Technology Analyst Exempt Computer
Item 1B - Page 38
31
Information Technology Network Engineer Exempt Computer
Librarian Exempt Professional
Library & Public Services Manager Exempt Executive
Library Operations & Collections Manager Exempt Executive
Maintenance Superintendent Exempt Executive
Maintenance Supervisor Exempt Executive
Marketing and Communications Specialist Non-Exempt Professional
Network Administrator Exempt Computer
Parks and Recreation Manager Exempt Executive
Payroll Coordinator Exempt Administrative
Plans Examiner Supervisor Exempt Executive
Police Services Supervisor Non-Exempt N/A
Police Services Manager Exempt Executive
Principal Engineer Exempt Executive
Principal Planner Exempt Professional
Project Manager Exempt Administrative
Procurement & Contracting Manager Exempt Executive
Procurement Specialist I Exempt Administrative
Procurement Specialist II Exempt Administrative
Public Works Inspector, Senior Non-Exempt N/A
Recreation Supervisor Non-Exempt N/A
Redevelopment Coordinator Exempt Administrative
Special Events Manager Exempt Administrative
Street Maintenance Manager Exempt Executive
Item 1B - Page 39
32
MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date:
By:
MAPS President Signature
By:
MAPS Vice President Signature
CITY OF PALM SPRINGS
Date:
By:
By:
City Manager Labor Attorney
Attest:
By: By:
City Clerk Director of Human Resources
Approved to form:
Council Approval:
By:
City Attorney
Item 1B - Page 40
PUBLIC EMPLOYEES
ASSOCIATION OF PALM
SPRINGS
MEMORANDUM OF
UNDERSTANDING
JULY 1, 2023 – JUNE 30, 2026
Item 1B - Page 41
The Public Employees Association of Palm Springs
Memorandum of Understanding
July 1, 2023 – June 30, 2026
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 ........................................................................ 3
ARTICLE 9, STANDBY, CALL BACK AND TRAINING PAY.......................................................... 4
ARTICLE 10, ADDITIONAL PAYS ................................................................................................ 5
ARTICLE 11, SUPPLEMENTAL INDUSTRIAL DISABILITY COMPENSATION ............................ 6
ARTICLE 12, UNIFORM ALLOWANCE ........................................................................................ 7
ARTICLE 13, TOOL REIMBURSEMENT ...................................................................................... 7
ARTICLE 14, MILEAGE REIMBURSEMENT ................................................................................ 8
BENEFITS ........................................................................................................................................... 9
ARTICLE 15, HEALTH AND WELFARE ....................................................................................... 9
ARTICLE 16, HEALTH INSURANCE FOR RETIREES ............................................................... 11
ARTICLE 17, RETIREMENT ....................................................................................................... 13
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 ................................................................................. 16
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, PROBATIONARY PERIODS ................................................................................. 20
ARTICLE 29, PEAPS RIGHTS AND RESPONSIBILITIES .......................................................... 20
ARTICLE 30, QUARTERLY MEETINGS ..................................................................................... 22
ARTICLE 31, GRIEVANCE PROCEDURE .................................................................................. 22
ARTICLE 32, DISCIPLINE .......................................................................................................... 24
ARTICLE 33, NO STRIKES, WORK STOPPAGES OR LOCKOUTS .......................................... 27
ARTICLE 34, CONTINUANCE OF MEMBERSHIP...................................................................... 27
APPENDIX A – DRUG AND ALCOHOL POLICY .............................................................................. 28
APPENDIX B – REPRESENTED CLASSIFICATIONS ...................................................................... 30
Item 1B - Page 42
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PALM SPRINGS
AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
JULY 1, 2023 - JUNE 30, 2026
GENERAL PROVISIONS
ARTICLE 1, TERM
PEAPS and the CITY agree as follows:
This MOU shall be for the period commencing July 1, 2023 and terminating at 11:59 p.m. on, June
30, 2026; provided, however, that specific sections of this MOU may have later effective dates as
specified herein.
The Parties agree on a reopener during the term of this MOU to discuss the subject of City Hall
and the Police Department being open five days per week. The parties agree that if the City
requests to reopen negotiations, it will not propose to eliminate the 4/10 work schedule.
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.
Item 1B - Page 43
COMPENSATION/OTHER PAY
ARTICLE 5, SALARIES
Effective the later of the pay period which includes July 1, 2023 or the pay period following Council
approval of this MOU, unit members shall receive a five percent (5.0%) salary increase.
Effective the pay period which includes July 1, 2024, unit members shall receive a five percent
(5.0%) salary increase.
Effective the pay period which includes July 1, 2025, unit members shall receive a five percent
(5.0%) salary increase.
The City will conduct a compensation survey of bargaining unit positions and provide a copy to the
Association by January 31, 2026.
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.
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
Item 1B - Page 44
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 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
Item 1B - Page 45
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 trade 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
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 full-shift increments (minus any leave taken if applicable) where the
employee has been assigned to train during their full day of work. Assistance provided to
employees does not entitle the employee to training pay.
Item 1B - Page 46
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
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
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, 2019 shall 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
Item 1B - Page 47
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. 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’
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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 Plans Examiner II $30.00
Building Inspector $30.00 Police Records Technician $85.00
Code Compliance Officer $30.00 Police Services Officer $85.00
Community Services Officer $85.00 Airport Operations Specialist $30.00
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
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,
Industrial Technicians, Industrial Technician Lead 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.
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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 2023 the Health Care Benefit Amount will be as shown in the table below:
Category Maximum Contribution
Employee Only $873/month
Employee + 1 $1,675/month
Family $2,281/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
2023, is $151 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 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
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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;
i. The evidence of alternative coverage must be provided every plan year to
which the eligible opt-out arrangement applies; and
ii. 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).
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.
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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:
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.
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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 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. The additional two (2) years of
service credit will sunset on December 31, 2028.
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.
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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.
B. 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.
C. 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
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
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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
Employees in good standing who hold regular appointments in the City Service shall be eligible for
educational reimbursement. Courses must be from a college or university accredited by either the
Council for Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).
No employee shall receive, more than $1,500/fiscal year through the Educational Reimbursement
Program.
ARTICLE 19, SAFETY SHOES
The City shall pay employees $175.00 per year (which will be paid $14.58 per month) for safety
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. Additional requests for safety shoes 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.
Employees are required to take a meal period of at least thirty (30) minutes. The meal period
cannot be taken to shorten an employee’s work day at the beginning or end of their shift.
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.
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ARTICLE 21, ATTENDANCE AND LEAVE
21.1 General Leave Definition
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. Unless an employee is on a
statutorily protected leave (such as FMLA/CFRA or PDL) an employee shall not be permitted to go
on a leave without pay until they exhaust all accrued annual 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
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
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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.
General Leave Cash-Out
By December 15 of each year, employees may make an irrevocable election to cash out up to the
maximum number of hours of 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 second pay day in November or the employee can elect to be paid
their full amount they elected to cash out on the second pay day in November. 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.
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
Indigenous Peoples’ Day Second Monday in October
Veterans’ Day November 11
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Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day after Fourth Thursday in November
Christmas Eve December 24
Christmas Day December 25
One Additional Holiday earned into the Holiday Bank on January 1.
22.2 Hours Earned For Each Holiday
All full-time employees accrue ten (10) hours to their holiday leave bank for each observed holiday.
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. Part-time employees will accrue a 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.
22.3 How City Holidays Are Observed By Employees
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). These holiday hours will be placed in each employee’s holiday
bank.
If Juneteenth, 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. If Christmas Eve falls
on a Sunday, the hours will be placed in each employee’s holiday bank.
22.4 Working on Observed Holidays
If an employee is required by their supervisor to work on an observed holiday, 10 hours (pro-rated
for part-time employees) will be credited to the employee’s holiday leave bank.
If an observed holiday occurs on a regularly scheduled workday and the employee is not required
to work, the employee will be paid 10 hours (pro-rated for part-time employees) of holiday pay to
create a full workweek.
For employees who are required to work on the actual day of a holiday, they shall receive time and
one half for each hour worked on that day.
22.5 Holiday Bank
All holiday hours (i.e., whenever an employee does not take the day off on a holiday and earns
time rather than the day off) shall be placed in a holiday bank for use by employees during the
calendar year. Any hours in an employee’s holiday bank on the last pay day of the calendar year
shall be paid to the employee. If an employee leaves City employment, any hours in the holiday
bank at the time of termination will be paid to the employee.
In calendar year 2023, the first holiday to which the holiday bank will apply is July 4, 2023.
Employees with leave in the floating holiday bank as of the beginning of this 2023-2026 MOU, will
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have until December 31, 2023 to use any such hours. Those hours will no longer be available
starting in 2024.
Employees must request to use holiday leave just like they would request to use general leave.
Approval of holiday leave shall not be unreasonably withheld.
22.6 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.
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.
Effective January 1, 2023, employees who have been with the City for at least thirty (30) days
before the leave commences shall receive additional leave up to two (2) days without pay, in any
one (1) instance (which must be used within three (3) months from the date of death and which
days do not need to be taken consecutively), for bereavement leave related to the death of an
immediate family member. Employees may use any accrued annual leave or compensatory time
that is otherwise available to the employee for this purpose.
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 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, PROBATIONARY PERIODS
With the exception of the classification of Dispatcher, the probationary period for employees in the
PEAPS bargaining unit is six (6) months. This applies to both new probation as well as promotional
probation. For Dispatchers, the probationary period for both new and promotional probation is
eighteen (18) months.
ARTICLE 29, 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
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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 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 first pay
period of April the City will deduct two (2) hours from the vacation bank of each unit member
with at least ten (10) hours of accrued vacation. No hours will be taken from employees
with less than 3 years on with the City.
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 after receiving written approval from the PEAPS Board .
The written approval must be attached to the employee’s time card. The City agrees that
the use of the time will not be unreasonably denied.
If any of the hours in the bank have not been used by the time the two-hour deduction will
occur in April, 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 30, 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 31, GRIEVANCE PROCEDURE
31.1 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.
31.2 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.
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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.
31.3 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.
31.4 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 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
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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 32, 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
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.
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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 ten (10) 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,
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
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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
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
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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 33, 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. 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 34, 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, 2026, 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 "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
by the National Institute of Drug Abuse and comply with established guidelines for “chain of
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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
Administrative Assistant
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, Lead
GIS Technician
Housing Program Assistant
Human Resources Technician
Industrial Technician
Industrial Technician, Lead
Information Technology Technician
Jail Transport Officer
Library Assistant
Library Assistant, Senior
Library Page
Lifeguard
Lifeguard Trainee
Lifeguard, Lead
Maintenance Electrician
Maintenance Electrician (HVAC)
Maintenance Mechanic I
Maintenance Mechanic, Lead
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Maintenance Mechanic, Senior
Maintenance Technician I
Maintenance Technician II
Maintenance Technician, Senior
Maintenance Worker I
Maintenance Worker, Lead
Park Ranger
Parts & Office Assistant
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 1B - Page 73
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 1B - Page 74