HomeMy WebLinkAbout6/7/2000 - STAFF REPORTS (16) Date: June 7,2000
To: City Council
From: Director of Human Resources via City Manager
MEMORANDUM OF UNDERSTANDING—MANAGEMENT AND PROFESSIONAL UNIT
RECOMMENDATION:
It is recommended that City Council adopt a resolution approving a Memorandum of
Understanding with the Management and Professional Unit (MAPS) for a three-year
period,July 1,2000,through June 30,2003.
BACKGROUND:
Representatives of the Management and Professional Unit (MAPS) have met and
conferred in good faith with the Municipal Employee Relations Representative(MERR)and
have reached agreement for the period July 1,2000,through June 30,2003.
.s
�USAN E. IL87
Director of Human Resou
APPROVED: laal
DALLAS J. FLICEK
Interim City Manager
ATTACHMENTS:
1. Resolution—Approving Management and Professional Unit(MAPS)
Memorandum of Understanding
2. Resolution — Election to Include Domestic Partners in PERS Group
Health Plans
3. Resolution—For Paying and Reporting the Value of Employer Paid
Member Contributions
103 #9
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA,
APPROVING THE MEMORANDUM OF
UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT
FOR EMPLOYEES IN THE MANAGEMENT
AND PROFESSIONAL UNIT(MAPS).
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the CIVs principal representative on all matters of employer-employee
relations, 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, through Its Municipal Employee Relations Representative (MERR)
has met and conferred in good faith on wages, hours, terms and other conditions of
employment with the Management Association of Palm Springs (MAPS) representing
the Management and Professional Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and MAPS have
reached agreement on the terms and conditions of a Memorandum of Understanding
(MOU) governing employees of the City of Palm Springs within such Management and
Professional Unit; andg-
WHEREAS, MAPS and the MERR jointly recommend adoption of such MOU by the
City Council.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm
Springs, California that the Memorandum of Understanding between MAPS and MERR,
dated June 5, 2000 on the with the City Clerk and incorporated herein by this reference
is hereby approved.
ADOPTED this 71h day of June, 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
CITY CLERK INTERIM CITY MANAGER
REVIEWED&APPROVED: 135
RESOLUTION NO.
THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA ELECTING
TO BE SUBJECT TO CALIFORNIA
GOVERNMENT CODE SECTION 22873
OF THE PUBLIC EMPLOYEES' MEDICAL
AND HOSPITAL CARE ACT.
WHEREAS, (1) Government Code Section 22850 and/or 22850.3 provides the benefits
of the Public Employees' Medical and Hospital Care Act to employees of local agencies
contracting with the Public Employees Retirement System; and
WHEREAS, (2) City of Palm Springs, hereinafter referred to as Contracting Agency, is a
local agency contracting with the Public Employees' Retirement System under the Act;
and
WHEREAS, (3) Government Code Section 22873 allows a Contracting Agency to
provide benefits to the domestic partners of employees and annuitants of local agencies
contracting under the Act upon proper application; and
WHEREAS, (4) The Contracting Agency desires to obtain for its employees and
annuitants the benefit of Section 22873 and to accept the liabilities and obligations of a
contracting agency under the Section.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs,
California, that it elects, as the Contracting Agency, to be subject to the provisions of
Section 22873 of the Government Code.
ADOPTED this 71h day of June, 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
CITY CLERK INTERIM CITY MANAGER
REVIEWED &APPROVED:
RESOLUTION NO.
THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA
APPROVING PAYING AND REPORTING
THE VALUE OF EMPLOYER PAID
MEMBER CONTRIBUTIONS.
WHEREAS, the City Council of the City of Palm Springs has the authority to implement
Government Code Section 20636(c) (4) pursuant to Section 20691; and
WHEREAS, the City Council of the City of Palm Springs has a written labor policy or
agreement which specifically provides for the normal member contributions to be paid by
the employer, and reported as additional compensation; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption
by the City Council of the City of Palm Springs of a Resolution to commence paying and
reporting the value of said Employer Paid Member Contributions (EPMC); and
WHEREAS, the City Council of the City of Palm Springs has identified the following
conditions for the purpose of its election to pay EPMC:
a) This benefit shall apply to all employees including EX, MAPS, and Optional
Members in the Miscellaneous Group.
b) This benefit shall consist of paying 7% (seven percent) of the normal
contributions as EPMC, and reporting the same 7% (seven percent) of
compensation earnable {excluding Government Code Section 20636(c) (4)1 as
additional compensation.
c) The effective date of this resolution shall be June 25, 2000.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs,
California, that it elects to pay and report the value of EPMC, as set forth above.
ADOPTED this 7'h day of June, 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
CITY CLERK INTERIM CITY MANAGER
REVIEWED &APPROVED:
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)
REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2000—JUNE 30, 2003
11111t)[My)[411164:11191 115reFTFIMT16 • . .
A. The Management Association of Palm Springs (hereinafter referred to as the
Association) is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit as defined in Section
8.1.6 of the Employer-Employee Relations Resolution, Resolution 16438, as amended by
Resolution 17793.
B. The Association and the Municipal Employee Relations Representative
(hereinafter referred to as the MERR) have met and conferred in good faith on wages,
hours and other terms and conditions of employment for the employees represented by
the Association in the aforesaid group and have reached agreements which are set forth
in this Memorandum of Understanding, hereinafter referred to as the MOU.
ASSOCIATION AND MERR agree as follows:
1. This MOU constitutes a joint recommendation by the Association and the MERR,
to be submitted to the City Council of the City of Palm Springs for its determination
and approval by one or more resolutions, as the City Council may deem fit and
proper.
2. This MOU recommended to the City Council shall be for the period commencing
July 1, 2000, and terminating at midnight, June 30, 2003.
3. Negotiations for the 2003-2004 fiscal year can be initiated by either the Association
or the MERR. The request to initiate negotiations can be in the form of a letter.
Requests must be received no later than March 15, 2003.
4.1.1
The Association may conduct a Board of Directors meeting once each month at a
City facility and during the workday, not to exceed two hours.
1
4.2
The Association 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.
- • • • N •
5.1
City will provide payroll deduction on request of the Association for dues,
assessments, and other deductions authorized by the Association. Remittance will
be bi-weekly to the Association's treasurer.
5.2
Employees of the City of Palm Springs eligible for membership in the Association
are required to pay the reasonable cost of employee representation. It is agreed
that this amount will be 75% of Association membership dues. The City of Palm
Springs is not required to collect Agency Shop Dues.
5.3
New employees of the City of Palm Springs eligible for membership in the
Association shall be presented with membership materials including payroll
deduction authorization at the employee's orientation conducted by the City.
It is understood that existing ordinances, resolutions, and policies of City cover
matters pertaining to employer-employee relations including, but not limited to,
wages, salaries, benefits, hours and other terms and conditions of employment.
Therefore, it is agreed by the parties hereto that all such ordinances, resolutions
and policies, including, but not limited to, Sections 4, 5, 6, 7 and 13 of the
Employer-Employee Relations Resolution 16438 are hereby incorporated by this
reference and made a part hereof as though set forth in full, and except as
provided herein shall remain in full force and effect during the term hereof. City
and the employees of the Professional and Management Unit shall continue to
have the rights and prerogatives as set forth in Sections 4, 5, 6, 7 and 13 of
Resolution 16438, and nothing in this MOU shall be deemed in any manner to
abridge, restrict or modify the same except as limited by the Strikes and Work
stoppages section of this MOU.
2
The status of all existing benefits and conditions of employment now enjoyed by
the members of the Professional and Management Unit as represented by the
Association shall not be deemed affected by this MOU, except as specifically
modified by provisions hereof or by actions taken in implementation hereof.
6 - • -
8.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members of the
Professional and Management Unit agree that during the term of this Agreement,
they will not cause or condone any strike, walkout, slowdown, sick out, or any other
unlawful job action by withholding or refusing to perform services.
Any such Professional and Management Unit member who participates in any
prohibited conduct listed above shall be subject to suspension, demotion, or
dismissal by City.
In addition to any other lawful remedies or disciplinary actions available to City, if
the Association fails, in good faith, to perform all responsibilities listed below as
Association Responsibility, City may suspend any and all rights and privileges
accorded to the Association in this Agreement, including but not limited to
suspension of the Grievance Review Procedure and Dues Deduction,
8.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or
Professional and Management Unit members engage in any Prohibited Conduct,
the Association shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this Agreement and unlawful, and they must
immediately cease engaging in conduct prohibited in said Section 8.1 and return to
work.
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
3
remain in full force and effect. The parties to this MOU agree to comply with the
provisions of the Americans with Disabilities Act and the Family Rights Act.
Personnel rules regarding temporary military duty are deemed to be amended to
reflect state law. Personnel Rules regarding Military Leave are also deemed to be
amended to reflect state law.
No Professional and Management Unit member shall receive more than
$1,500/fiscal year through the Educational Reimbursement Program.
tEMPIRE=
11.1 Optional Benefit Plan
City agrees to continue to enroll with and subscribe to the Public Employees
Retirement Health Care Plan, and to maintain an Optional Benefits Plan pursuant
to the Public Employees' Medical and Hospital Care Act, Government Code
Sections 22751 et se (simply the Plan). The options available through the Plan
shall include the following items:
1) Health Insurance through the PERS Health Plans
2) Dental Insurance through either Denticare or Metlife Dental
3) Vision Coverage
4) Supplemental Life Insurance
The minimum City contribution to the Plan shall be $16.00 per Unit member per
month. The maximum City contribution to the Plan shall be determined annually
based on the formula that has been used by City, which involves taking the rate
increases by plan, developing a rate increase and applying it to the single, two
party and family optional benefit amount.
The current Optional Benefit Rates for the period ending December 30, 2000, are:
Category Mazirriii67Z-1 '-;'
Contribution
Unit Member $233/month
Only
Unit Member + 1 $476/month
Family $653/month
Retirees $16/month
4
In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution by 15% at any time during the term of this
Agreement, the amount of excess shall be paid by the employee.through a payroll
deduction.
The maximum City monthly contribution for the Optional Benefit Plan, referred to
as 11.1, is to be determined by the medical plan status selection (single, two party,
or family). Should an employee decline medical coverage, but elects either dental
or vision coverage, there will be no Optional Benefit excess, and the City's
contribution will be payment of the premium only.
In the event a member of the Professional & Management Unit selects a medical
benefits program which does not require City to make (within the applicable
category) a maximum contribution, then such unit member shall designate, in
writing and at the time of enrollment in the Plan, the use to which the remainder of
the City contribution (up to the maximum) shall be put. Professional &
Management Unit members may elect, at their discretion, to (1) purchase other or
additional health and/or life insurance products offered by City, (2) offset current
payroll deductions for other or additional health and/or life insurance products, or
(3) designate such remainder to be contributed to the Unit member's City deferred
compensation account. In no event shall a positive Optional Benefit balance to
deferred compensation exceed $96.00 per pay period.
City agrees to allow PERS Long Term Care Coverage as a pre-tax deduction
option in the IRS 125 Plan beginning Plan Year April 2001.
11.2 Medical Insurance Withdrawal
Except as provided below, Professional & Management Unit members who elect to
purchase health insurance independent of the Plan, may withdraw from or decline
to participate in the Plan by executing, in writing, an election to withdraw from, a
declination to participate in, and/or a waiver of benefits (as appropriate) on such
form as may be required by City.
Notwithstanding the forgoing, Association and City understand and agree that,
pursuant to the Plan, City will be required to make a minimum health care
contribution of $16.00 toward purchase of medical benefits through the Plan.
Accordingly, Association and City further agree that all members of the
Professional & Management Unit shall be required to select a medical benefits
program consistent with the minimum City contribution required under the Plan.
Unit members who elect not to participate in the Plan beyond the City minimum
contribution will be reimbursed the sum of$192.00.
5
11.3 Dental Benefits
For the term of this Agreement, City agrees to continue dental benefits at level(s)
existing under the Denticare & Metlife Plans.
11.4 Life Insurance
Effective July 1, 2000, and for the term of this Agreement, the amount of coverage
will be increased to $50,000.00 per member in the Unit. City contributions to the
existing Life Insurance Plan will be continued at the benefit level(s) existing as of
the date this Agreement is executed.
11.5 Vision Benefits
For the term of this Agreement, City agrees to continue Vision Coverage at the
benefit level(s) existing as of the date this Agreement is executed.
11.6 Domestic Partner Coverage
Legislation passed allowing domestic partners to register with the Secretary of
State and be eligible to enroll in a CalPERS health plan. The law requires the
following actions for a domestic partner to be enrolled in a CaIPERS health benefits
plan: First, the Secretary must register the domestic partnership, and provide a
Declaration of Domestic Partnership to the domestic partners. Specified same-sex
domestic partnerships between persons who are both at least 18 years of age, and
specified opposite sex domestic partnerships when both persons are over the age
of 62, are eligible to register with the secretary.
Second, the employer (City of Palm Springs) must elect to provide the CalPERS
health benefit plan to the employee's or retiree's domestic partner. Public Agency
employers must submit a change Resolution to apply the benefit. City agrees to
elect and adopt a change Resolution.
Third, the CalPERS enrollee must provide a copy of the Declaration of Domestic
Partnership and a signed Statement of Financial Liability (PERS form) to City.
CalPERS will use the same enrollment policies for domestic partnerships as
currently used for traditional marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic
partner registration will provide health benefit coverage effective on the first day of
the month following the month in which the employer received the enrollment
document. Domestic partner enrollments submitted later than 60 days after
domestic partner registration are considered late enrollments with PERS and must
wait 90 days from the date the enrollment request was received by the employer.
6
The effective date of coverage is the first day of the month following the 90 day
waiting period.
WeNFIMMMW
Members of the Professional & Management Unit shall not be permitted to
participate in the City-provided group plans after retirement and, instead, shall be
provided conversion rights pursuant to and in accordance with the Comprehensive
Omnibus Budget Reconciliation Act ("COBRA"). City will contribute
$16/month/retiree to PERS for health coverage, for those retirees who elect retiree
health care with PERS.
Effective July 1, 1999:
1. A management, professional or confidential employee who attains age fifty (50)
and retires from active service as a Palm Springs employee after 20 years of
continuous service, the City shall reimburse the member for 75% of the cost of
two-party 'retirees' health premium being covered at the time of retirement.
2. A management, professional or confidential employee who attains age fifty (50)
and retires from active service as a Palm Springs employee after 25 years of
continuous service, the City shall reimburse the member for 100% of the cost of
two-party 'retirees' health premium being covered at the time of retirement.
13.1 PERS Contributions
The City will contract with PERS for the 2% @ 55 Formula at no additional cost to
the employee.
13.2 PERS Conversion
City agrees that, pursuant to Government Code Section 20636 (c)(4) pursuant to
Section 20691, normal member contributions (EMPC) Employer-Paid Member
Contributions will be paid by the employer, City of Palm Springs, and reported to
PERS as additional compensation for all members of Unit. City will continue to
make all PERS mandated Employer-Paid Employer Contributions ("EPEC"),
including any increase in such contributions occasioned by the conversion agreed
to herein, such PERS conversion shall take effect commencing with the pay period
beginning June 25, 2000.
14.1
City agrees to pay accrued sick leave upon retirement from City service, but not to
exceed one thousand (1,000) hours of such leave.
Upon separation all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. 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.
Association members who separate shall receive compensation for one-fourth (1/4)
of any unused sick leave accrued and vested to and including the date of
November 30, 1973. The unused sick leave will be paid at the employee's current
salary rate. Should an employee use sick leave so as to reduce the accrued total
below that existing as of November 30, 1973, then the said one-fourth
compensation shall be paid only with respect to the lowest amount of accumulated
sick leave which remained credited to such employee's account at any time after
November 30, 1973.
14.2
In the event a member resigns or retires, City and Unit agree that members last
paycheck, including pay out of vested leave, in accordance with this agreement,
shall be paid at the next regularly scheduled pay-day after separation date from
City service.
• ZEEZgRENAM
Effective January 2, 1994, Professional and Management Unit members will be
eligible to receive an additional 5% in compensation for a Master's Degree from an
accredited college or university, or for maintaining State or Federal certificates that
require Continuing Education Hours.
Effective July 1, 1998, three (3) Professional and Management Unit members will
be eligible to receive an additional 5% Certification Pay for being a licensed Notary
Public. Additional positions beyond these three will be at the City Manager's
discretion.
s
Cost of Living Salary Increases as follows:
6-25-2000 Not less than 2% nor more than 4% tied to the highest CPI (all
urban consumers), April to April, among U.S., West and/or Los
Angeles, Riverside, Orange
6-24-2001 Not less than 2% nor more than 4% tied to the highest CPI (all
urban consumers), April to April, among U.S., West and/or Los
Angeles, Riverside, Orange
6-30-2002 Not less than 2% nor more than 4% tied to the highest CPI (all
urban consumers), April to April, among U.S., West and/or Los
Angeles, Riverside, Orange
16.1
6-25-2000 Effective June 25, 2000, based on the salary survey FY 2000, the
City of Palm Springs agrees to place Management and Professional
Unit members on range closest to median, without loss in
compensation.
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 and have six
months of medical coverage at same level of employee contribution that was in
effect upon the day of layoff.
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where
extensive vehicle travel is required, a City vehicle should be provided and the auto
allowance will not be removed until the issue is reconciled with each affected
employee on an individual basis.
. ,
19.1 Maximum Accrual and Minimum Usage
There shall be no maximum accrual of annual leave for Management and
Professional Unit members in Group ll. Such members in Group II shall take at
least eighty (80) hours of accrued and vested annual leave per calendar year. If
9
fewer than eighty (80) hours of annual leave are taken, accrual of annual leave
shall stop until the eighty (80) hours minimum usage has been taken.
19.2 Annual Leave Cash-In
In July and December of each year, Professional and Management Unit members
in Group II shall have the option of converting accrued and vested annual leave
into cash. Such conversion may be for any amount of accrued and vested annual
leave hours, provided that such member has used the required minimum 80 hours
of annual leave or maintains a bank of annual leave hours adequate to be able to
use the required minimum number of hours of annual leave by the end of the
calendar year, as provided in 19.1.
The cash-in dates will be as follows:
July 28, 2000
December 1, 2000
July 27, 2001
December 14, 2001
July 28, 2002
December 2, 2002
19.3 Eligible To Use
Full-time Professional and Management Unit members in Group II shall be eligible
to use annual leave as it is accrued.
19.4 Accrual Rates for EmploVees Hired Before July 5, 1981
Professional and Management Unit members in Group II hired before July 5, 1981
shall accrue and vest annual leave on a monthly basis in accordance with the
following schedule:
YEARS OF SERVICE HOURS ACCRUED &
VESTED MONTHLY
O through 5 12
6 through 10 14
11 16.67
12 17.34
13 18
14 18.67
15 19.34
16 20
17 and after 20.67
10
19.5 Accrual Rates for Unit Members Hired After July 5, 1981
Professional and Management Unit members in Group II hired on or after July 5,
1981 shall accrue and vest annual leave on a monthly basis in accordance with the
following schedule:
YEARS OF HOURS ACCRUED
SERVICE &
VESTED MONTHLY
O through 5 12
6 through 10 14
11 and after 16
19.6
Half-time employees will accrue and vest both annual leave and sick leave, on a
pro-rated basis as follows:
REGULAR
20-hour week = % accrual
30-hour week = 3/. accrual
Full-time Professional and Management Unit members in Group II shall accrue four
(4) hours of paid sick leave upon each full month of service.
1 - • • B
The City of Palm Springs and the Professional and Management Unit members
have a vital interest in maintaining safe, healthful and efficient working conditions.
Being under the influence of a drug or alcohol on the job may pose serious safety
and health risks not only to the user but also to co-workers and the citizens of Palm
Springs. The possession, use or sale of an illegal drug or of alcohol on the job also
poses unacceptable risks for safe, healthful and efficient operations. "On the job"
means while on City premises, at work locations, or while on duty or being
compensated on an "on call status".
MAPS, City, and Professional and Management Unit members recognize that their
future is dependent on the physical and psychological well being of all employees.
MAPS, City, and Professional and Management Unit members mutually
acknowledge that a drug and alcohol-free work environment benefits employees
and citizens and members agree to comply with this policy at such time as a
mutually agreed upon employee assistance program is in place.
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The purpose of this article is to define the City's drug and alcohol policy as well as
the possible consequences of policy violation.
21.1
Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited.
21.2
When reasonable suspicion exists, the City may require a Unit member to submit
to a substance screening. The employee will be given the option to select a blood
test or urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the influence
of drugs or alcohol so that the employee's ability to perform the functions of the job
is impaired or so that the employee's ability to perform his/her job safely is
reduced.
21.3
Any manager or supervisor requesting a Professional and Management member to
submit to a substance screening shall document in writing the facts constituting
reasonable suspicion and shall give the employee a copy. This report must advise
the Professional and Management member of his right to representation. Such
member shall be given an opportunity to provide additional facts. Professional and
Management member who is then ordered to submit to a substance abuse
screening may request to be represented. Because time is of the essence in drug
screening, a representative must be available within a reasonable time or the
employee will then be ordered to submit to a substance screening.
Any Professional and Management member who refuses to submit to a substance
screening may be considered insubordinate and shall be subject to disciplinary
action up to and including termination.
21.4
The supervisor, or designee, shall transport the suspected Professional and
Management member to the testing facility or shall call to the Police Station a
licensed phlebotomist who will draw blood samples, when a blood test is selected.
Urine samples shall be taken at the Police Station under supervision of the
Supervisor. Testing shall occur on City time and be paid for by the City.
Professional and Management member urine samples, or other body fluids, will be
collected in a DOX Security Container System or other system which includes
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methods or mechanisms designed to assure the integrity of the sample. The
facility used for testing shall be certified by the National Institute of Drug Abuse and
comply with established guidelines for "chain of custody" to insure that identity and
integrity of the sample is preserved throughout the collecting, shipping, testing and
storage process.
21.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. Any Professional and Management member who tests positive on a
confirmatory test will be given the opportunity to discuss the results with a
physician to be designated by City. The employee should be prepared at that time
to show proof of any valid medical prescription for any detected substance or to
otherwise explain, if he or she so chooses, a positive test result.
21.6
While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle
or dangerous machinery or equipment while taking any kind of medication or drugs
which are clearly marked that they may cause significant drowsiness or impair a
Professional and Management member's performance. Such member shall notify
his/her supervisor, before beginning work, when taking such medications or drugs.
In the event there is a question regarding such member's ability to safely and
effectively perform assigned duties while using such medications or drugs,
clearance from a physician designated by the City may be required. The City
reserves the right to send such member home on sick leave under these
circumstances.
21.7
Professional and Management members with substance abuse problems are
encouraged to participate voluntarily in the City-sponsored Employee Assistance
Program (EAP). Assistance through the EAP may be sought by a
Professional and Management member with complete confidentiality and without
adverse consequences to his/her employment. Professional and Management
member should be aware, however, that a request for assistance through the EAP
will not insulate such member from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination,
positive test result, and/or other violation of this policy or other City/department
rules and regulations, City will refer such member to the EAP. Such referral shall
be made available to such member as an alternative to disciplinary action.
Referral would be subject to agreement by such member to enroll, participate in
and successfully complete a rehabilitation and/or counseling program and other
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terms and conditions in a "Last Chance Agreement', an exemplar copy of which is
attached hereto as Exhibit "B".
BEDROOM22.1 Waiver of Further Bargaining
The terms agreed upon by the MOU shall take effect at the time specified herein
upon approval by Resolution of the City Council of the City of Palm Springs and
shall remain in full force and effect until midnight, June 30, 2000.
22.2 Performance Evaluations
The City and the Association will meet to develop a new employee performance
evaluation format. The City will initiate a request to meet on this subject.
On the sixth (6) consecutive day that a Professional and Management Unit
member is required to perform duties out of his/her designated classification
("acting out of class") such member shall be entitled to additional compensation
equal to the lowest step on the range of the higher classification which will provide
an increase in pay of 5%, but not to exceed the top step of the classification for
which such member is performing acting out of class duties ("acting pay"). Such
acting pay shall be prospective only, commencing on the sixth (6) consecutive day
such member shall be acting out of class and continuing thereafter until such
member ceases performing acting out of class duties.
City agrees that if a member of the Professional and Management Unit is asked to
work more than 40 hours in a week, the liability for paid overtime or administrative
time off will be incurred. All requests for administrative time off will be honored in a
timely manner, either by granting the time off or by granting pay in lieu of time off.
Professional & Management Unit members shall be required to log time in and time
out. City reserves the right to use "flex time" to minimize work time in excess of 40
hrs/week.
The City will reinstitute the Service Awards program for MAPS members.
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Members represented by MAPS shall be permitted to donate leave time to the
Association Time Bank, The Time Bank shall contain a maximum of forty (40)
hours available to officers of the Association to conduct Association business.
Request for use of banked hours shall require a request from the President of the
Association on M.A.P.S. letterhead authorizing use of Banked Time. Membership
participation is voluntary.
Long Term Disability shall continue to be provided by the Employer. The cost of
the LTD plan will be reported as taxable income for each employee.
K.W6101, - . •
For the term of this agreement, City agrees that internal relationships shall be
maintained to prevent salary compression between members of the General Unit
and MAPS members.
Pmen • - - W
In the event that all units agree to a change in the pay periods during the term of
this agreement, MAPS agrees to said change, as long as there is no loss of pay
due to a change-over. MAPS also agree that should the City advance any pay, the
said amount of advance will be deducted from member's last paycheck.
MUNICIPAL EMPLOYEE RELATIONS MANAGEMENT ASSOCIATION PALM
REPRESENTATIVE SPRINGS REPRESENTATIVE
Date: Jun 5, 2000.
B B�j
City Ma ager Labor Representative
By By 9't
Human Resourc s, Director association President
MAPS MOU-2000
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