HomeMy WebLinkAbout05581 - GENERAL UNIT MOU JULY 1, 2007 TO JUNE 30, 2012 kJw
MEMORANDUM OF UNDERSTANDING BETWEEN
THE MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721
REPRESENTING THE GENERAL UNIT
JULY 1, 2010 - JUNE 30, 2012
This Memorandum of Understanding ("MOU") is entered into with reference to
the following facts:
A. The Palm Springs chapter of the Service Employees International Union Local 721
(hereinafter called "Union") is the recognized employee organization for members it
represents employed by the City within the General Unit (herein called "UNIT") as
defined in Resolution 16438 (Employer-Employee Relations Resolution), as amended
by Resolution 17793.
B. The ' Palm Springs chapter of UNION and the Municipal Employee Relations
Representative (hereinafter called "MERR") have met and conferred in good faith on
wages, hours and other terms and conditions of employment for the employees
represented by UNION in the Unit and have reached agreements which are set forth in
this Memorandum of Understanding (hereinafter called "MOU").
UNION and MERR agree as follows
1. This MOU constitutes a joint recommendation by UNION and the MERR, to be
submitted to the City Council of the City of Palm Springs (hereinafter called the "City
Council") 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, 2010 and terminating at midnight, June 30, 2012; provided, however, that
specific sections of this MOU may have later effective dates as specified herein.
3. SALARIES
There shall be no increases or decreases to salary during the term of this MOU.
4. HEALTH AND WELFARE
The parties agree to continue to negotiate on the medical plan options to be made
available effective January 1, 2011. The City has advised the Union that it will be
marketing the Union's plan and presenting options regarding alternative plans. The
Union has advised the City that it needs some time to gather the information necessary
to effectively negotiate for alternatives to the health and welfare benefits provided within
this Article.
The parties agree that those negotiations will yield a result wherein the cost to the City
of the health and welfare benefits (health insurance, dental insurance and vision
insurance will not exceed the following maximum amounts effective January 1, 2011:
• Single Party $ 582.00
• Two-Party $1,141.00
• Family $1,544.00
The changes made to the health and welfare benefits through the parties' negotiations
will cause some of the language below (in sections 4.1, 4.2 and 4.3) regarding health
insurance, dental insurance and vision insurance to be superseded following completion
of the negotiations process. The parties agree that they will modify this MOU at that
time to reflect the agreed upon amounts for each of the health and welfare benefits
4.1 Health Insurance
Effective January 1, 2010 through December 31, 2010, City and UNION agree to the
following maximum contributions by represented UNIT employees towards the
premiums for health and hospitalization coverage, as selected by UNION and approved
by the City Council as follows:
PPO Plan PPO Plan
Employee Contribution City Contribution
Single Party $ 35.81 $ 675.57
Two-Party $ 73.20 $1,420.75
Family $ 107.43 $2,026.73
HMO Plan HMO Plan
Employee Contribution City Contribution
Single Party $9.54 $ 420.16
Two-Party $20.05 $ 882.11
Family $28.65 $1,260.43
The health insurance rates effective January 1, 2011 will be determined following the
negotiations described at the beginning of this Article.
Effective January 1, 2011, City and UNION agree to the following maximum
contributions by represented UNIT employees towards and the City for the premiums for
health and hospitalization coverage, as selected by UNION and approved by the City
Council as follows:
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PPO Plan PPO Plan
Employee Contribution City Contribution
Single Party $ $
Two-Part $ $
Family $ $
HMO Plan HMO Plan
Employee Contribution City Contribution
Single Party $ $
Two-Part $ $
Family $ $
The parties have agreed to a maximum City contribution effective January 1, 2011 of
$582.00 for Single Party, $1,141.00 for Two-Party and $1,544.00 for Family coverage
for the combined benefits of health insurance, dental insurance and vision insurance.
The dental insurance and vision insurance contributions (City and Employee for Dental
Insurance and City for Vision Insurance have been determined below in Articles 4.2 and
4.3. As such, although there will be maximum amounts entered in the boxes above for
health insurance effective January 1, 2011, the City will only contribute the combined
maximums of $582.00 for Single Party, $1,141.00 for Two-Party and $1,544.00 for
Family. For an employee who chooses family coverage, the City's maximum City health
insurance contribution will be $1,544.00 minus the cost of the chosen dental insurance
minus the cost of the vision insurance if chosen.
In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution by 10% annually starting in 2012, the amount of
excess shall be paid by the employee through a payroll deduction.
4.1.1 Domestic Partner Coverage
The City of Palm Springs agrees to maintain Domestic Partner Coverage as part of the
current health, dental, and vision coverages, in accordance with the City of Palm
Springs Ordinance No. 1578. In addition to the requirements of Ordinance 1578, all
enrollees must still provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic Partner Health Benefits and Affidavit of
Eligibility for Economically Dependent Children to the City. The City will continue to use
the same enrollment policies for domestic partners as are currently used for traditional
marriages.
4.1.2 Retiree Health Coverage — "Tier I" — Effective 7/1/1999:
• A represented UNIT employee who attains age fifty (50) and leaves active
service as a Palm Springs employee after 20 years of continuous service,
the City shall pay 75% of up to two party coverage for the "retirees" health
plan being covered at the time one leaves active service.
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Any annual increases in premiums will be included in the 75% calculation.
• A represented UNIT employee who attains age fifty (50) and leaves active
service as a Palm Springs employee after 25 years of continuous service,
the City shall pay 100% of up to the two party coverage for the "retirees"
health premium being covered at the time one leaves active service. Any
annual increases in premiums will be included in the 100% calculation.
• All Employees who become eligible to receive Medicare must enroll in
Medicare Part A and B to remain eligible to receive the above
contributions. The City shall reimburse the member for the actual cost of
Medicare Part A and Part B being charged to the member.
4.1.3 Retiree Health Coverage -'Tier II„— Effective 12/7/2005:
For all employees hired after December 7, 2005 there will be no City contribution for
retiree health benefits. The City will, however, make a $50.00 per month contribution to
an employee Retiree Health Savings Plan and the associated fixed dollar cost of
administration.
4.1.4 Retiree Health
Employees in the UNIT shall be permitted, at their expense, to participate in the City-
provided group health plans after retirement except as otherwise provided in
Paragraphs 4.1.2 and 4.1.3 above.
4.2 Dental Coverage
Unless otherwise agreed to during negotiations for modifications to the health and
welfare benefits as described at the beginning of this Article for the term of this MOU,
UNIT members agree to contribute up to the following maximum amounts toward the
premiums for dental insurance coverage as follows:
SAFEGUARD SAFEGUARD
Employee Contribution City Contribution
Single -0- $ 16.63
Two-Party -0- $ 28.79
Family -0- $ 37.73
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METLIFE METLIFE
Employee Contribution City Contribution
Single -0- $ 43.94
Two-Party $ 5.20 $ 88.30
Family $11.48 $135.54
4.3 Vision Plan
Unless otherwise agreed to during negotiations for modifications to the health and
welfare benefits as described at the beginning of this Article, the City shall provide UNIT
employees with a fully funded vision plan through Vision Service Plan (VSP), which
provides annual eye examinations and glasses every two years. UNIT agrees that co-
pay on Vision Plan will be $20 per visit.
4.4 Life Insurance
For the term of this MOU, City agrees to provide term life insurance coverage of Fifty
Thousand Dollars ($50,000.00) for each represented employee in the UNIT.
4.5 Short Term Disability,
For the term of this MOU, City agrees to continue Short Term Disability insurance
coverage. The waiting period is 14 days. Premium payments will be paid by
employees.
4.6 Long Term Disability
City agrees to continue Long Term Disability insurance coverage through any carrier of
its choice as long as coverage remains the same or greater without further meet and
confer required.
4.7 Retirement Plan
The City will contract with PERS for the 2.7% @ 55 formula at no additional cost to the
employee for the term of this MOU.
4.7.1 Employer-Paid Member Contributions
Pursuant to Government Code sections 20636 (c)(4), 20691 and 20692, City agrees to
pay all of the normal PERS contributions of UNIT members represented by UNION and
to report the Employer-Paid Member Contributions ("EPMC) to PERS as additional
compensation for all members of UNIT under the provisions and requirements of these
statutes.
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City will continue to make all PERS mandated Employer-Paid Employer Contributions
("EPEC"), including any increase in such contributions occasioned by the conversion.
5. STANDBY, CALL BACK AND TRAINING PAY
5.1 Standby Pay
Whenever a Unit employee is scheduled for standby duty for court, or for weekends
and/or holidays, such employee shall be paid for two (2) hours per day for standby at
the employee's regular hourly rate, not subject to overtime premium.
Dispatchers 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.
5.2 Call Back Pay
A UNIT employee called back to work shall be paid a minimum of two (2) hours per
incident, (from when the employee leaves his/her house) at one and one-half (1 1/2)
times such employee's regular hourly rate.
5.3 Training Pay
City shall provide 5% Training Pay to anyone required to train. Such training pay is for
actual time spent training other employees. Training pay will be subject to City Manager
approval.
5.4 Travel Time
A UNIT employee called back to work shall be paid for no more than one (1) hour of
travel time (from when the employee leaves his/her house). Such employee shall be
paid at one and one-half(1 1/2) times such employee's regular hourly rate.
6. ATTENDANCE, HOLIDAYS, AND LEAVE
6.1 General Leave for UNIT Em to ees
6.1.1 Definition
General leave is any approved absence with pay from regularly scheduled work for any
purpose. For employees in the UNIT, general leave shall substitute for either annual
leave or sick leave as covered under Personnel Rule 6 as amended herein.
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6.1.2 Holidays While on General Leave
If a recognized holiday for which the employee is eligible falls within an approved leave,
the Unit employee shall be paid for that day as a holiday and the accrual for general
leave shall not be debited for that day.
6.1.3 President's Day Holiday and Floating Holida
Effective July 1, 2010, the parties agree to modify personnel rule 6.4.2 as applicable to
this UNIT which provides the holiday schedule for general employees by deleting
Lincoln's Birthday and modifying the title of Washington's Birthday to President's Day.
The parties also agree that effective July 1, 2010, all employees in the UNIT will have
one floating holiday each calendar year (January 1 -- December 31) which must be
used by December 31 of the calendar year to which it applies. The floating holiday
does not accrue as a leave and cannot be cashed out. If it is not used by an employee
it is lost. Employees may request to use their floating holiday just like a request to use
general leave. Department Heads have discretion whether to grant or deny a request
to use the floating holiday, but given that such holiday must be used within the calendar
year to which it applies, must exercise that discretion carefully to ensure that
employees can use their floating holiday.
6.1.4 General Leave for Recalled (Re-employed) and Reinstated Unit Employees
Notwithstanding other provisions of these rules, for general leave purposes only,
eligible recalled (re-employed) and reinstated Unit employees shall receive service
credit for the most recent leave commencing with the effective date of such
reinstatement or reemployment at the current accrual rate applicable to the service
credit they received.
6.1.5 General Leave General Provisions
General leave must be approved by the department head. For purposes of computing
general leave usage regularly assigned days off shall not be counted as "working days".
General leave shall be paid at the member's straight time hourly rate of pay in effect
during the leave program. Unit employees shall be eligible to use general leave after the
successful completion of the initial probationary period. Dispatchers shall be eligible to
use General Leave after the completion of 6 months.
6.1.6 Maximum Accrual and Minimum Use
General leave shall accrue to the credit of an eligible Unit employee up to, but not to
exceed, a maximum accrual of four hundred forty (440) hours. City will expedite leave
requests submitted by Unit employees who are at maximum accrual. Department
heads are responsible for planning work schedules to allow each Unit employee to take
at least forty (40) consecutive hours of General Leave each calendar year if they
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request it. Approval of general leave shall not be unreasonably withheld.
6.1.7 Notification of Supervisor
Each department head shall establish reasonable written requirements for reporting an
absence or tardiness. Those written requirements must be approved by the Personnel
Officer. In order to receive compensation while absent on general leave, the employee
must comply with the official written notification requirements of that department. City
agrees to work towards standardization of the official written notification requirements.
6.1.8 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
6.1.9 General Leave Cash-In
Unit employees shall have the option of converting hours of accrued and vested general
leave into cash on the last pay day in July and on the first pay period of December of
each year. Employees must advise payroll staff of their desire to convert accrued and
vested general leave to cash three weeks prior to these pay days.
6.1.10 Disposition of Accrued and Vested Leave 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.
6.2 Compensatory Time Accumulation
The maximum accumulation of compensatory time off is one hundred (100) hours.
7. TOOL ALLOWANCE
City agrees to pay a monthly tool allowance of One Hundred Twenty-Five Dollars
($125.00) per month to Unit positions in the Fleet Operations Division and the Facilities
Maintenance Division.
8. UNIFORM ALLOWANCE
City agrees to pay a monthly uniform allowance to each incumbent in the Unit job
classifications listed below, in the amounts indicated, as a reimbursement for expenses
incurred for acquisition and maintenance of uniforms as follows:
UNIFORM ALLOWANCE
Animal Control Officer $85.00 Plans Examiner II $30.00
Animal Shelter Assistant $30.00 Police PAL Officer $85.00
Building Inspector $30.00 Police Records Technician $85.00
Code Compliance Officer $30.00 Police Services Officer $85.00
Police Services Supervisor $85.00
The City shall (each fiscal year) provide all Code Compliance Officers, Building
Inspectors, Plans Examiner II's and Animal Shelter Assistants with ten (10) shirts which
shall constitute the required uniform during working hours.
9. NO DRINKING RULE
Provided this same rule is applicable to management employees, UNION agrees that
all employees in the Unit shall be prohibited from drinking alcoholic beverages at any
time during the workday, including breaks and lunch.
10. MILEAGE REIMBURSEMENT
UNION and City agree that employees in the Unit shall receive mileage reimbursement
in accordance with existing City policy, at the prevailing IRS rate.
11. EDUCATIONAL REIMBURSEMENT
No Unit employee shall receive, more than $1,500/fiscal year through the Educational
Reimbursement Program.
12. EDUCATIONAL INCENTIVE PAY FOR MASTER'S DEGREE
Unit members will be eligible to receive an additional five percent (5%) Educational
Incentive Pay 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").
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13. BILINGUAL PAY
City shall maintain the bilingual pay program instituted in the 2002-2003 MOU under
which Unit employees shall be entitled to premium pay of five percent (5%) over their
regular base salary for their services as bilingual employees. In order to be eligible for
such premium pay, an employee must pass an examination to be developed and
administered by the City demonstrating fluency in reading and speaking the desired
second language. The City Manager shall determine the language needs, as well as the
number of employees eligible.
Effective January 1, 2002, the City added sign language to the list of recognized
languages with one (1) position authorized, location to be at the City Manager's
discretion. This previous agreement shall continue during the period of this MOU.
14. CERTIFICATION PAY
Building Inspectors with International Code Council ("ICC") Building Inspector
Certification, Code Compliance Officers with CACEO or ICC Certification as a Property
Maintenance & Housing Inspector, and Permit Center Technicians and Senior Permit
Center Technicians and Plans Examiners and Plans Examiner II's with International
Code Council Certifications (ICC) as they pertain to their positions, shall be paid an
additional two and one half percent (2.5%) in salary.
Public Works Inspectors and Engineering Field Technicians with American Construction
Inspection Association ("ACIA") Certifications as they pertain to their positions, and
Fleet Maintenance Technician IV with a Fire Mechanics Certification, shall be paid an
additional two and one half percent (2.5%) in salary.
14.1 Notary
Unit employees selected at the City Manager's discretion who are licensed notaries
shall be entitled to premium pay of an additional two and one half percent (2.5%) over
their regular base salary for their services.
15. POLICE DEPARTMENT BEARDS & UNIFORM POLICIES
All Unit employees working in the Police Department who wear a uniform or receive a
uniform allowance cannot wear a beard. Wearing a beard shall subject these
employees to potential disciplinary action.
UNION further agrees that the Uniform Regulations, Specification Section of Police
Department Manual shall apply to UNIT members to extent that provisions do not
conflict with this MOU or the City's personnel rules.
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16. SAFETY SHOES
The City shall provide safety shoes to those positions that meet the general industry
standard ANSI Z41-1991 to those positions necessitating safety footwear protection.
Unit members 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.
17. HOURS OF WORK, NORMAL WORK WEEK, AND SHIFT DIFFERENTIAL
During the term of this MOU, employees in the Unit will be furloughed for ten percent of
their hours by working the "9/72" hybrid work week schedule that had been in place in
the year prior to this Agreement. The hybrid work schedules, as previously negotiated,
will continue in each work area resulting in 36 hours per week. Holidays during the term
of this Agreement (during the furlough) will continue to be calculated at nine (9) hours.
The parties agree that once the furloughs end, holidays will revert back to eight (8)
hours for employees who are scheduled to work eight (8) hours per day. Employees
who were'scheduled to work a schedule other than eight hours per day prior to the
effective date of the furloughs will receive holiday pay (after the furloughs end) based on
the numbers of hours of holiday pay they received for each holiday prior to the
furloughs. The parties also agree that once the furloughs end, schedules will revert back
to the original work schedule in place at the time pre-furlough. The parties are hopeful
that furloughs will no longer be needed at the end of the term of this MOU and will be
negotiating for a successor agreement prior to the end of its term.
The parties agree that if the 2011-12 budget indicates that the City's General Fund
revenues from all revenue sources have returned to the FY2007-08 total revenue of
$75,136,386, the parties will commence negotiations within twenty (20) calendar days
for the purpose of discussing the elimination of furloughs for 2011-12.
17.1 Normal Work Week
The normal work week for full-time employees is forty (40) hours consisting of five (5),
eight (8) hour work days during the seven (7) day FLSA workweek starting 12:01 a.m.
Sunday and ending 12:00 midnight of the following Saturday The Airport's Security
Access Control System (SACS) will be used for employees clocking in and out.
17.2 Alternate Work Schedules
The City currently provides alternate work schedules for various Unit members and may
increase, decrease and/or eliminate such schedules at the discretion of the City
Manager after the required meet and confer with UNION. If UNIT members work a 9/80
work schedule, their FLSA workweek shall begin exactly four hours into their shift on the
day of the week which constitutes their alternating regular day off to ensure they work
exactly forty (40) hours in each workweek.
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17.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee
of hours of work per day or per work week or of days of work per work week.
17.4 Shift Differential Pay-- Graveyard Shift
All employees regularly scheduled to work a "graveyard shift" will receive an additional
5% as shift differential pay. Graveyard schedules are those which begin at 8:00 or after
in the p.m., and before 5:00 in the a.m. (Note: there will be no intent on the part of the
City that current graveyard shifts will be changed to hours which will avoid the payment
of shift differential.)
18. CHANGE OF PAY PERIOD ENDING DATE
In the event that all units agree to a change in the pay periods during the term of this
MOU, UNION agrees to said change, as long as there is no loss of pay due to a
changeover. UNION also agrees that should the City advance any pay, the said amount
of advance will be deducted from the employee's last paycheck.
19. SUPPLEMENTAL CITY INDUSTRIAL DISABILITY COMPENSATION (SCODC)
FORMULA
UNION agrees that the City will pay the difference between benefits received from the
Workers' Compensation Act and full pay (base pay) not to exceed 90 working days.
When SCODC 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 Workers' Compensation Act and their regular pay.
Per Personnel Rule 6.8.5, 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 supplemental City industrial disability
compensation (SCODC) 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
SCODC, the employee must use vacation leave and SCODC will stop during the
vacation. The SCODC will continue upon the employee's return from vacation.
20. COMMERCIAL LICENSE REQUIREMENT
Certain positions as identified in the job descriptions for UNIT members shall require
possession of a commercial driver's license with a P endorsement. For incumbent
employees, they shall have six (6) months to obtain the required endorsement. Failure
to obtain the required endorsement shall subject the employee to disciplinary action.
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21. STRIKES AND WORK STOPPAGES
UNION and City agree that the following conduct is prohibited:
21.1 UNION, or any of its officers, agents, representatives and/or Unit employees
agree that during the term of this MOU, they will not cause or condone any strike,
walkout, slowdown, sick out, or any unlawful job action by withholding or refusing to
perform services.
21.2 In the event that UNION, its officer, agents, representatives, or Unit employees
engage in any of the conduct prohibited in Section 21.1, UNION shall immediately
instruct any such person engaged in such conduct that their conduct is in violation of
this MOU, and that they must immediately cease engaging in conduct prohibited in such
Section 21.1, and return to work.
22. UNION STEWARDS
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by UNION among the stewards on UNION'S 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 and such permission shall not
be unreasonably withheld. The individual steward shall be personally responsible for
notifying the City's Human Resources Department of the use of such hours.
23. FEDERAL AND STATE LAWS
It is understood and agreed by the parties hereto 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.
24. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
employees in the Unit represented by UNION 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.
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25. CONTINUANCE OF MEMBERSHIP
All Unit employees who are members of UNION shall continue and maintain their
membership in UNION for the duration of this MOU, except that any employee who is or
becomes a member of UNION during the term of this MOU may, during the period of
June 16 through June 30, 2012, withdraw his/her membership in UNION by notifying
the City and UNION in writing of such withdrawal and that after such withdrawal said
employee will no longer be required to remain a member of UNION.
UNION agrees to enforce this provision and to indemnify, defend, and hold the City of
Palm Springs, its officer, and MERR 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.
26. OVERTIME AND COMPENSATORY TIME
The rules governing overtime and compensatory time are found in the Personnel Rules
and included herein by this reference.
27. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that UNION unit members shall not be
eligible for step increases unless they have at least a "meets expectation" or higher
service rating.
28. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 AND 1.16.3 are modified to the extent that UNIT members shall
be granted three (3) scheduled work days in the event of a death in the "immediate
family" of an employee regardless of travel requirements.
29. CELLULAR PHONE POLICY
UNION approves institution of Cellular Phone Acquisition and Usage Policy effective
July 1, 2003.
30. REASONABLE DRESS POLICIES
The Union agrees that is in both the City's and employees' best interest that employees
are dressed professionally for the particular work they perform. The Union agrees that
Department Heads can develop reasonable professional dress standards which 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 the
UNION for its review and input.
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SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
Date: GIA. & By
UniO Representative
BG; `�.., , ; fly By:
Negotiator Negotiator
Negotiator Ne oti t
RELATIONSMUNICIPAL EMPLOYEE REPRESENTATIVE
Date: a\ ag B
City Manager
Att'-e�.
ity Clerk Director Human esources
APPROVED BY CITY COUNCIL
Approved as to form:
City Attorney
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May 2710 09:43a (951)296-9193 p.1
-[,\" �S
SIDE LETTER OF AGREEMENT BETWEEN THE
CiTY OF PALM SPRINGS AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
REPRESENTING THE GENERAL UNIT
This Side Letter of Agreement is entered into this 271h day of May, 2010, de�tween the
City of Palm Springs (hereinafter the "CITY") and the Service Employees international Union
Local 721 representing The General Unit (hereinafter "UNION") specifically relating to the
impact and placement of laid-off employees.
The CITY and UNION previously entered into an agreemegqt entitled Memorandum of
Understanding (MOU) between the Municipal Employee Relations Representative (VERR.) and
the Service international Union Local 721 representing the General Unit (UNION), for the period
of July 1, 2007 through June 30, 2010.
Notwithstanding any provisions of the MOU or the City's Personnel Rules to the
contrary, the parties agree as follows:
The City Manager has determined to lay off several employees who are members of the
Union in partial response to the current fiscal crisis that has adversely impacted the ability of the
City to provide municipal services to the residents of the City. In order to lessen the impact of
these layoffs on their respective employees and members, the City and Union have identified:
(1) A vacant position in the classification of Public Records Technician; and
(2) Three vacancies in the classification of Airport Operations Aide; and
(3) Three vacancies in the classification of Airport Maintenance Worker I_
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Employees and members who have been designated for lay-off are qualified to fill these
vacant positions, in lieu of filling these positions through a competitive examination process,
the City and Union agree that these 7 vacant positions shall be filled by qualified employees and
members on seniority basis (based on length of service with the City), as follows subject to
usual and customary probation as provided in the Personnel Rules:
Thomas Crochetiere-Police Records Technician
Richard Jenkins-Airport Operations Aide
Gerald Fitzsimmons-Airport Operations Aide
Debra Palmer-Airport Operations Aide
Michael Maidment-Airport Maintenance Worker I
Charles Whyel-Airport Maintenance Worker I
Shane Wilkerson---Airport Maintenance Worker I
MUNICIPAL EMPLfJYEE R TIONS UNION REPRESENTATWE:
avid H. Ready, City r �M�ae�id, Labor Representative
<4 ue ills, Hum Res urces Dire ar ATT -
es Thompson, City Clerk I.
-1
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721
REPRESENTING THE GENERAL UNIT
JULY 1, 2007 - JUNE 30, 2010
This Memorandum of Understanding ("MOU") is entered into with reference to
the following facts:
A. The Palm Springs chapter of the Service Employees International Union Local 721
(hereinafter called "Union") is the recognized employee organization for members it
represents employed by the City within the General Unit (herein called "UNIT") as
defined in Resolution 16438 (Employer-Employee Relations Resolution), as amended
by Resolution 17793.
B. The Palm Springs chapter of UNION and the Municipal Employee Relations
Representative (hereinafter called "MERR") have met and conferred in good faith on
wages, hours and other terms and conditions of employment for the employees
represented by UNION in the Unit and have reached agreements which are set forth in
this Memorandum of Understanding (hereinafter called "MOU")-
UNION and MERR agree as follows
1. This MOU constitutes a joint recommendation by UNION and the MERR, to be
submitted to the City Council of the City of Palm Springs (hereinafter called the "City
Council') for its determination and approval by one or more resolutions, as the City
Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing
July 1, 2007 and terminating at midnight, June 30, 2010; provided, however, that
specific sections of this MOU may have later effective dates as specified herein.
3. SALARIES
Effective July 1, 2007 - employees shall receive a 3.5% Cost of living allowance ("COLA")
salary increase based on Los Angeles-Riverside-Orange Co, CA CPI Index.
June 29, 2008— COLA equal to the CPI from April 1, 2007 to April 1, 2008 but not less
than 3% and no more than 5% based on Los Angeles-Riverside-Orange Co, CA CPI
Index.
June 28, 2009 - COLA equal to the CPI April 1, 2008 to April 1, 2009 but not less than 3%
and no more than 5% based on Los Angeles-Riverside-Orange Co, CA CPI Index.
Median, classification adjustments and/or title changes shall be made as set forth in
Amendment #5 to the 2007-08 Allocated Position and Compensation Plan adopted by
Resolution 21907 for Fiscal Year 2007-08.
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Unit agrees to make no further reclassification requests for the term of this contract, except
as it relates to issues concerning working out of class.
4. HEALTH AND WELFARE
4.1 Health Insurance
Effective January 1, 2008, City and UNION agree to the following maximum
contributions by represented UNIT employees towards the premiums for health and
hospitalization coverage as selected by UNION and approved by the City Council as
follows:
PPO Plan PPO Plan
Employee Contribution City Contribution
Single Party $ 20.00 $ 554.90
Two-Part $ 40,00 $1,167.34
Family $ 60.00 $1,664.73
HMO Plan HMO Plan
Employee Contribution City Contribution
Single Party $-0- $ 347,26
Two-Party $-0- $ 729,24
Family $-0- $1,041.77
In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution by 10% annually, the amount of excess shall be
paid by the employee through a payroll deduction.
The City of Palm Springs agrees to maintain Domestic Partner Coverage as part of the
current health, dental, and vision coverages, in accordance with the City of Palm
Springs Ordinance No. 1578. In addition to the requirements of Ordinance 1578, all
enrollees must still provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic Partner Health Benefits and Affidavit of
Eligibility for Economically Dependent Children to the City. The City will continue to use
the same enrollment policies for domestic partners as are currently used for traditional
marriages.
Retiree Health Coverage — "Tier I" — Effective 7/1/1999:
A. A represented UNIT employee who attains age fifty (50) and leaves active
service as a Palm Springs employee after 20 years of continuous service, the
City shall pay 75% of the cost of two party "retirees" health premium being
covered at the time of one leaves active service as follows:
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For those members who are enrolled in Blue Crass HMO:
In the event the employee becomes eligible for Medicare, the employee must enroll in
Medicare Part A & Part B to remain eligible for this benefit. The City shall reimburse the
member for 75% of the actual cost of Medicare Part A and Part B being charged to the
member, as well as 75% of the cost of the Blue Cross single party premium and 75% of
the premium being charged for dependent coverage.
For those members who are enrolled in Blue Cross PPO.
The City shall reimburse the member for 75% of the cost of two party retirees health
premium being covered at the time of retirement. Although the City does not reimburse
Medicare Part A or Part B under this option, the parties strongly encourage all
employees to sign up for Medicare Part A and Part B at their own expense as soon as
they become eligible.
B. A represented UNIT employee who attains age fifty (50) and leaves 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 one leaves active service.
For those members who are enrolled in Blue Cross HMO:
In the event the employee becomes eligible for Medicare, the employee must enroll in
Medicare Part A & Part B to remain eligible for this benefit. The City shall reimburse the
member for 100% of the actual cost of Medicare Part A and Part B being charged to the
member, as well as 100% of the cost of the Blue Cross single party premium and 100%
of Blue Cross dependent coverage.
For those members who are enrolled in Blue Cross PPO:
The City shall reimburse the member for 100% of the cost of two party retiree's health
premium being covered at the time of retirement. Although the City does not reimburse
Medicare Part A or Part B under this option, the parties strongly encourage all
employees to sign up for Medicare Part A and Part B at their own expense as soon as
they become eligible.
Retiree Health Coverage — "Tier II" — Effective 1 21712 0 0 5:
For all new employees hired after ratification of this agreement, there will be no City
contribution for retiree health benefits. The City will, however, make a $50.00 per
month contribution to an employee Retiree Health Savings Plan and the associated
fixed dollar cost of administration. This provision would not apply to any employee
whose start date is beyond 11/16/2005 who has already received and accepted an Offer
of Employment prior to the ratification of this agreement.
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4.1.1 Health Program Billings
Blue Cross, through its broker, will provide billings and coverage information to the City.
4.2 Dental Coverage
For the term of this MOU, UNIT members agree to contribute up to the following
maximum amounts toward the premiums for dental insurance coverage as follows:
SAFEGUARD SAFEGUARD
Employee Contribution City Contribution
Single -0- $ 16.63
Two-Party -0- $ 28.79
Family -0- $ 37.73
METLIFE METLIFE
Employee Contribution City Contribution
Single -0- $ 43.94
Two-Party $ 5.20 is 88.30
Family $11.48 $135.54
4.3 Vision Plan
City shall provide UNIT employees with a fully funded vision plan through Vision Service
Plan (VSP), which provides annual eye examinations and glasses every two years.
UNIT agrees that co-pay on Vision Plan will be $20 per visit.
4.4 Retiree Health
Employees in the UNIT shall be permitted, at their expense, to participate in the City-
provided group health plans after retirement except as otherwise provided in Paragraph
4.1 above.
4.5 Life Insurance
For the term of this MOU, City agrees to provide term life insurance coverage of Twenty
Thousand Dollars ($20,000.00) for each represented employee in the UNIT.
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4.6 Short Term Disability,
For the term of this MOU, City agrees to continue Short Term Disability insurance
coverage. Effective January 1, 2006, waiting period will be reduced to 14 days.
Premium will continue to be paid by employees.
4.7 Long Term Disability
City agrees to continue Long Term Disability insurance coverage through any carrier of
jts choice as long as coverage remains the same or greater without further meet and
confer required.
4.8 Retirement Plan
The City will continue to contract with PERS for the 2.7% @ 55 formula at no additional
cost to the employee for the term of this MOU.
4.8.2 Employer-Paid Member Contributions
Pursuant to Government Code sections 20636 (c)(4), 20691 and 20692, City agrees to
pay all of the normal PERS contributions of UNIT members represented by UNION and
to report the Employer-Paid Member Contributions ("EPMC") to PIERS as additional
compensation for all members of UNIT under the provisions and requirements of these
statutes. City will continue to make all PERS mandated Employer-Paid Employer
Contributions ("EPEC"), including any increase in such contributions occasioned by the
conversion.
5. STANDBY, CALL BACK AND TRAINING PAY
5.3 Standby Pay
Whenever a Unit employee is scheduled for standby duty for court, or for weekends
and/or holidays, such employee shall be paid for two (2) hours per day for standby at
the employee's regular hourly rate, not subject to overtime premium.
Community Service Officers 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.
5.2 Call Back Pav
A UNIT employee called back to work shall be paid a minimum of two (2) hours per
incident, at one and one-half (1 1/2) times such employee's regular hourly rate.
5.3 Training Pay
City shall provide 5% Training Pay to anyone required to train. Such training pay is for
actual time spent training other employees. Training pay will be subject to City Manager
approval.
5.4 Travel Time
A UNIT employee called back to work shall be paid for no more than one (1) hour of
travel time. Such employee shall be paid at one and one-half (1 112) times such
employee's regular hourly rate.
6. ATTENDANCE, HOLIDAYS, AND LEAVE
6.1 General Leave for UNIT Employees
6.1.1 Definition
General leave is any approved absence with pay from regularly scheduled work for any
purpose. For employees in the UNIT, general leave shall substitute for either annual
leave or sick leave as covered under Personnel Rule 6 as amended herein.
6.1.2 Holidays While an General Leave
If a recognized holiday for which the employee is eligible falls within an approved leave,
the Unit employee shall be paid for that day as a holiday and the accrual for general
leave shall not be debited for that day.
6.1.3 General Leave for Recalled (Re-employed) and Reinstated Unit Employees
Notwithstanding other provisions of these rules, for general leave purposes only,
eligible recalled (re-employed) and reinstated Unit employees shall receive service
credit for the most recent leave commencing with the effective date of such
reinstatement or reemployment at the current accrual rate applicable to the service
credit they received.
6.1.3 General Leave General Provisions
General leave must be approved by the department head. For purposes of computing
general leave usage regularly assigned days off shall not be counted as "working days".
General leave shall be paid at the member's straight time hourly rate of pay iri effect
during the leave program. Unit employees shall be eligible to use general leave after the
successful completion of the initial probationary period. Dispatcher I and Dispatcher II
incumbents shall be eligible to use General Leave after the completion of 6 months.
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6.1.4 Maximum Accrual and Minimum Use
General leave shall accrue to the credit of an eligible Unit employee up to, but not to
exceed, a maximum accrual of four hundred forty (440) hours. City will expedite leave
requests submitted by Unit employees who are at maximum accrual. During each
calendar year, each Unit employee shall use at least forty (40) consecutive hours of
General Leave and shall make a request for said leave to the department head in
sufficient time to plan work schedules. Consequently, department heads are
responsible for planning work schedules to allow each Unit employee to take at least
forty (40) consecutive hours of General Leave each calendar year. Approval of general
leave shall not be unreasonably withheld. Failure to use at least forty consecutive hours
of general leave shall result in City Manager review of the circumstances surrounding
such failure. Regular Unit employees who work 20 hours or less per week shall use
twenty (20) consecutive hours of general leave as provided herein.
6.1.5 Notification of Supervisor
Each department head shall establish reasonable written requirements for reporting an
absence or tardiness. Those written requirements must be approved by the Personnel
Officer. In order to receive compensation while absent on general leave, the employee
must comply with the official written notification requirements of that department. City
agrees to work towards standardization of the official written notification requirements.
6.1.7 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
6.1.8 General Leave Cash-In
Unit employees shall have the option of converting hours of accrued and vested general
leave into cash.
6.1.9 Disposition of Accrued and Vested Leave Upon Termination
6.1.9.1 General Leave
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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.
6.1.9.2 Sick Leave
Regular employees 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 (referred to as old sick bank). 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.
6.2 Compensatory Time Accumulation
Effective July 1, 2005, the maximum accumulation cap of is one hundred (100) hours.
7. TOOL ALLOWANCE
Effective July 1, 1998, and for the term of this MOU, City agrees to continue to pay a
monthly tool allowance of One Hundred Twenty-Five Dollars ($125.00) per month to
Unit positions in the Fleet Operations Division and the Facilities Maintenance Division.
8. UNIFORM ALLOWANCE
City agrees to continue to pay a monthly uniform allowance to each incumbent in the
Unit job classifications fisted below, in the amounts indicated, as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms as follows:
UNIFORM ALLOWANCE as of July 1, 2007
Animal Control Officer $85.00 Family Intervention Officer $85.00
Assistant Animal Control Officer $85.00 Fire Prevention Specialist $85.00
Code Compliance Officer $30.00 Police PAL Officer $85.00
Community Services Officer $85.00 Police Records Technician $85.00
Custody Officer $85.00 Police Services Officer $85.00
Custody Officer Supervisor $85.00 Police Services Supervisor $85.00
Dru2 Prevention Officer $85.00
The City shall (each fiscal year) provide all Code Compliance Officers ("CPO") with ten
(10) polo style shirts which shall constitute the required uniform for CPO's during
working hours. City agrees to meet with Unit to create a consistent uniform shirt for all
CPOs and Building Inspectors.
Effective December 1, 2007:
Building Inspectors will receive 10 shirts a year and $30/month
Plans Examiner II will receive 10 shirts a year and $30/month
Kennel Attendant will receive 10 shirts a year and $30/month
9. NO DRINKING RULE
Provided this same rule is applicable to management employees, UNION agrees that
all employees in the Unit shall be prohibited from drinking alcoholic beverages at any
time during the workday, including breaks and lunch; provided, however, that
employees who are attending a conference out of town may have one alcoholic
beverage during the lunch hour.
10. MILEAGE REIMBURSEMENT
UNION and City agree that employees in the Unit shall receive mileage reimbursement
in accordance with existing City policy, at the prevailing IRS rate.
11. EDUCATIONAL REIMBURSEMENT
No Unit employee shall receive, more than $1,500/fiscal year through the Educational
Reimbursement Program.
11.1 Educational Incentive Pay for Master's Degree
Unit members will be eligible to receive an additional five percent (5%) Educational
Incentive Pay for a Master's Degree from a college or university accredited by either the
Council for Higher Education Accreditation ("CHEA") or the U.S. Department of
Education ("USDE").
12. BILINGUAL PAY
City shall maintain the bilingual pay program instituted in the 2002-2003 MOU under
which Unit employees shall be entitled to premium pay of five percent (5%) over their
regular base salary for their services as bilingual employees. In order to be eligible for
such premium pay, an employee must pass an examination to be developed and
administered by the City demonstrating fluency in reading and speaking the desired
second language. The City Manager shall determine the language needs, a$ well as the
number of employees eligible.
Effective January 1, 2002, the City added sign language to the list of recognized
languages with one (1) position authorized, location to be at the City Manager's
discretion. This previous agreement shall continue during the period of this MOU.
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13. CERTIFICATION PAY
Building Inspectors with International Code Council ("ICC") Building Inspector
Certification, Code Compliance Officers with Advanced SCACEO or ICC Certification as
a Property Maintenance & Housing Inspector, and Permit Center Technicians and
Senior Permit Center Technicians and Plans Examiners and Plans Examiner II's with
International Code Council Certifications (ICC) as they pertain to their positions, shall be
paid an additional two and one half percent (2.5%) in salary.
Public Works Inspectors and Engineering Field Technicians with American Construction
Inspection Association ("ACIA") Certifications as they pertain to their positions, and
Fleet Maintenance Technician IV with a Fire Mechanics Certification, shall be paid an
additional two and one half percent (2.5%) in salary.
13.1 Notary
Unit employees selected at the City Manager's discretion who are licensed notaries
shall be entitled to premium pay of an additional two and one half percent (2.5%) over
their regular base salary for their services effective June 23, 2002.
14. POLICE DEPARTMENT BEARDS & UNIFORM POLICIES
All Unit employees working in the Police Department who wear a uniform or receive a
uniform allowance cannot wear a beard. Wearing a beard shall subject these
employees to potential disciplinary action.
UNION further agrees that the Uniform Regulations, Specification Section of Police
Department Manual shall apply to UNIT members to extent that provisions do not
conflict with this MOU or the City's personnel rules.
15. SAFETY SHOES
The City shall provide safety shoes to those positions that meet the general industry
standard ANSI Z41-1991 to those positions necessitating safety footwear protection.
Unit members 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.
16. HOURS OF WORK, NORMAL WORK WEEK, AND SHIFT DIFFERENTIAL
16.1 Normal Work Week
The normal work week for full-time employees is forty (40) hours consisting of five (5),
eight (8) hour work days during the seven (7) day period starting 12:01 a.m. Sunday
and ending 12:00 midnight of the following Saturday. Effective 11/16/2005, the Airport's
Security Access Control System (SACS) will be used for employees clocking in and out.
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16.2 Alternate Work Schedules
The City currently provides alternate work schedules for various Unit members and may
increase, decrease and/or eliminate such schedules at the discretion of the City
Manager after the required meet and confer with UNION.
16.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee
of hours of work per day or per work week or of days of work per work week.
16.4 Shift Differential Pay— Graveyard Shift
Beginning January 1, 2006, all employees regularly scheduled to work a "graveyard
shift" will receive an additional 5% as shift differential pay. Graveyard schedules are
those which begin at 8:00 or after in the p.m., and before 4:30 in the a.m. (Note: there
will be no intent on the part of the City that current graveyard shifts will be changed to
hours which will avoid the payment of shift differential.)
17. CHANGE OF PAY PERIOD ENDING DATE
In the event that all units agree to a change in the pay periods during the term of this
MOU, UNION agrees to said change, as long as there is no loss of pay due to a
changeover. UNION also agrees that should the City advance any pay, the said amount
of advance will be deducted from the employee's last paycheck.
18. SCODC FORMULA
Upon completion of upgrade to current financial system (P2K), UNION agrees to
discuss simplifying current SCODC formula.
19. COMMERCIAL LICENSE REQUIREMENT
Recreation Aide, Recreation Program Aide, Recreation Program Assistant and
Recreation Program Specialist positions shall require possession of a commercial
driver's license with a P endorsement. For incumbent employees, they shall have six
(6) months to obtain the required endorsement. Failure to obtain the required
endorsement shall subject the employee to disciplinary action.
20, STRIKES AND WORK STOPPAGES
UNION and City agree that the following conduct is prohibited:
20.1 UNION, or any of its officers, agents, representatives and/or Unit employees
agree that during the term of this MOU, they will not cause or condone_ any strike,
walkout, slowdown, sick out, or any unlawful job action by withholding or refusing to
perform services.
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20.2 In the event that UNION, its officer, agents, representatives, or Unit employees
engage in any of the conduct prohibited in Section 20.1, UNION shall immediately
instruct any such person engaged in such conduct that their conduct is in violation of
this MOU, and that they must immediately cease engaging in conduct prohibited in such
Section 20.1, and return to work.
21. UNION STEWARDS
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by UNION among the stewards on UNION'S 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 and such permission shall not
be unreasonably withheld. The individual steward shall be personally responsible for
notifying the City's Human Resources Department of the use of such hours.
22. FEDERAL AND STATE LAWS
It is understood and agreed by the parties hereto 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.
23. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
employees in the Unit represented by UNION 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.
24. CONTINUANCE OF MEMBERSHIP
All Unit employees who are members of UNION shall continue and maintain their
membership in UNION for the duration of this MOU, except that any employee who is or
becomes a member of UNION during the term of this MOU may, during the period of
December 16 through December 31, 2009, withdraw his/her membership in UNION by'
notifying the City and UNION in writing of such withdrawal and that after such
withdrawal said employee will no longer be required to remain a member of UNION.
UNION agrees to enforce this provision and to indemnify, defend, and hold the City of
Palm Springs, its officer, and MERR harmless from any claims, demands, expenses,
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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.
25. OVERTIME AND COMPENSATORY TIME
The rules governing overtime and compensatory time are found in the Personnel Rules
and included herein by this reference.
26. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that UNION unit members shall not be
eligible for step increases unless they have at least a "meets expectation" or higher
service rating.
27. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 AND 1.16.3 are modified to the extent that UNIT members shall
be granted three (3) scheduled work days in the event of a death in the "immediate
family" of an employee regardless of travel requirements.
28. CELLULAR PHONE POLICY
UNION approves institution of Cellular Phone Acquisition and Usage Policy effective
July 1, 2003.
29. RE-OPENERS
29.1 Police Manual
The Parties agree to reopen negotiations, at the request of either Party during this
MOU, concerning issues involving application of Police Department Manual to those
Unit Members who work in the Police Department.
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11/09/2007 12:56 FAX 951 290 a PROFSERtiINC • Q 002
SERVICE EMPLOYEES INTERNATIONAL • ■ 700
Date: &7
Union �fpre`sentative
By- �� �/ �i�' �—1 By:
Negotiator Negotiator
By: 3 By:
Negotiator Negotiator
MUNICIPAL ■
[late: ) I Z q Zars B
City Manager
' Attes � ��
City Clerk Director ofDirector Hum�urces
,� APPROVED By CITY COUNCIL
Approved as to foam GCw —
City' omey A
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