HomeMy WebLinkAbout23224 RESOLUTION NO. 23224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE MANAGEMENT ASSOCIATION OF PALM
SPRINGS FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30,
2014, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING
THE MEMORANDUM OF UNDERSTANDING. A5573.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the City's 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);
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 Association of Palm Springs, subject to ratification by the Unit; and
WHEREAS, MAPS and the MERR jointly recommend adoption of such MOU's by
the City Council;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between MAPS and
MERR, for the period July 1, 2012 through June 30, 2014, on file with the City Clerk and
incorporated herein by this reference, is hereby approved upon ratification and
execution of said Memorandum of Understanding in a form approved by the City
Attorney.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF SEPTEMBER, 2012.
DAVID H. READY, ANAGER
Resolution No. 23224
Page 2
ATTEST:
MES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23224 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 5, 2012, by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
� -
MES THOMPSON, CITY CLERK
City of Palm Springs, California �t/z`�1z61
MANAGEMENT
ASSOCIATION OF PALM
SPRINGS (MAPS)
� 6R.v�
MEMORANDUM OF
UNDERSTANDING
JULY 11 2012 - JUNE 30, 2014
05
Management Association of Palm Springs (MAPS)
Memorandum of Understanding
Table of Contents
By Article Number
4. MEETINGS.......................................................................................................................................................... 1
S. PAYROLL DEDUCTION-ASSOCIATION MEMBERSHIP..........................................................................................2
6. PRACTICES........................................................................................................................................................2
7.MAINTENANCE OF BENEFITS..............................................................................................................................2
8.STRIKES AND WORK STOPPAGES....................................................................................................................... 2
9. FEDERAL AND STATE LAWS................................................................................................................................3
10. EDUCATIONAL REIMBURSEMENT....................................................................................................................3
11. INSURANCE......................................................................................................................................................3
12. HEALTH INSURANCE FOR RETIREES..................................................................................................................6
14.DISPOSITION OF LEAVE AND PAY UPON SEPARATION......................................................................................8
15. EDUCATION INCENTIVE PAY.............................................................................................................................8
16.SALARIES.........................................................................................................................................................9
17.REDUCTION IN FORCE......................................................................................................................................9
18.MILEAGE..........................................................................................................................................................9
19. UNIFORM ALLOWANCE....................................................................................................................................9
20. ANNUAL LEAVE............................................................................................................................................... 9
21. DRUG POLICY/DRUG SCREENING....................................................................................................................10
22.ACTING OUT OF CLASSIFICATION....................................................................................................................12
23.OVERTIME......................................................................................................................................................13
24.EMPLOYEE SERVICE AWARDS..........................................................................................................................13
25. ASSOCIATION TIME BANK..............................................................................................................................13
26.COMPRESSION................................................................................................................................................13
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27.CHANGE OF PAY PERIOD.................................................................................................................................13
28.SALARY ADVANCEMENT ELIGIBILITY...............................................................................................................14
29.BEREAVEMENT LEAVE.....................................................................................................................................14
30.WAIVER OF FURTHER BARGAINING................................................................................................................14
31.FURLOUGHS/WORK SCHEDULE.......................................................................................................................14
32.FLOATING HOLIDAYS.......................................................................................................................................14
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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, 2012—JUNE 30, 2014
This Memorandum of Understanding is entered into with reference to the
following facts:
A. The Management Association of Palm Springs (hereinafter referred to as
"MAPS") is the exclusive recognized employee organization for members it represents
employed by the City in the Professional and Management Unit ("Unit') as defined in
Section 8.1.6 of the Employer-Employee Relations Resolution, Resolution 16438, as
amended by Resolution 17793.
B. MAPS 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 MAPS in the
aforesaid group and have reached agreements which are set forth in this Memorandum
of Understanding (hereinafter referred to as the WOU").
MAPS AND MERR agree as follows:
1. This MOU constitutes a joint recommendation by MAPS 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, 2012, and terminating at midnight, June 30, 2014.
3. Negotiations for the 2014-2015 fiscal year can be initiated by either MAPS 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, 2014.
4. MEETINGS
4.1.1
MAPS may conduct a Board of Directors meeting once each month at a City facility and
during the workday, not to exceed two hours.
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4.2
MAPS may conduct One (1) meeting per quarter with all members of MAPS released at
11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.
5. PAYROLL DEDUCTION-ASSOCIATION MEMBERSHIP
5.1
City will provide payroll deduction on request of MAPS for dues, assessments, and other
deductions authorized by MAPS. Remittance will be bi-weekly to MAPS's treasurer.
5.2
Employees eligible for membership in MAPS 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.
6. PRACTICES
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer-employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. 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 Unit members 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.
7. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Unit as represented by MAPS shall not be deemed affected by this MOU,
except as specifically modified by provisions hereof or by actions taken in implementation
hereof.
8. STRIKES AND WORK STOPPAGES
8.1 Prohibited Conduct
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MAPS, its officers, agents, representatives and/or members of the Professional and
Management Unit agree that 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 Unit member who participates in any prohibited conduct listed above shall be subject
to suspension, demotion, or dismissal by City.
In addition to any other lawful remedies or disciplinary actions available to City, if MAPS
fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, City may suspend any and all rights and privileges accorded to MAPS in
this MOU, including but not limited to suspension of the Grievance Review Procedure and
Dues Deduction.
8.2 Association Responsibility
In the event that MAPS, its officers, agents, representatives, or Unit members engage in
any Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must
immediately cease engaging in conduct prohibited in said Section 8.1 and return to work.
9. FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or"inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
10. EDUCATIONAL REIMBURSEMENT
No Unit member shall receive more than $1,500/fiscal year through the Educational
Reimbursement Program.
11. INSURANCE
11.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees' Retirement
Health Care Plan pursuant to the Public Employees' Medical and Hospital Care Act
(PEHMCA), Government Code Sections 22751 of sep O for the provision of health t
insurance for members of the unit. The health insurance benefit provided through
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PEHMCA shall be part of a cafeteria plan in accordance with IRS Code section 125 ("the
Plan") which also includes:
1) Dental Insurance as addressed below in Section 11.3; and
2) Vision Insurance as addressed below in Section 11.5 with a $20 co-pay;
The City will pay the PERS statutory minimum to comply with the Public Employees'
Hospital and Medical Care Act on behalf of all employees and retirees ($112 for 2012,
$115 for 2013 and a yet undetermined amount for beyond 2013. In addition, the
maximum City contribution to the Plan (i.e., health, dental and vision insurance) shall be
determined annually based on the formula that has been used by City which is inclusive
of the PERS statutory minimum. The formula involves taking the rate increase for each
benefit as listed above, and combining them to develop a single rate increase to the
maximum contribution to the categories listed below (i.e., single, two-party, and family).
The current cafeteria plan rates effective January 1, 2012, are:
Unit Member Only $ 593/month
Unit Member + 1 $ 1,158/month
Family $ 1,568/month
Since the actual amounts above also include the PERS statutory minimum, the actual
amounts provided to employees through the cafeteria plan are the above amounts minus
the PERS statutory minimum for each applicable calendar year.
Effective July 1, 2012, and during the 2013 calendar year, in the event that the premium
changes for health, dental and vision insurance (i.e., the Plan benefits) exceed the City's
maximum rate of contribution by ten percent (10%), the amount of the excess shall be
paid by unit members through a payroll deduction.
Effective January 1, 2014, in the event that the premium changes for health, dental and
vision insurance (i.e., the Plan benefits) exceed the City's maximum rate of contribution
by five percent (5%), the amount of the excess shall be paid by unit members through a
payroll deduction.
The maximum City monthly contribution for the Plan shall be determined by the medical
plan selected (i.e., single, two-party, or family). Should an employee decline medical
coverage, but elect either dental or vision coverage, there will be no Plan excess paid.
The City will, however, pay the premiums for the dental and/or vision coverage/s selected.
In the event a Unit member selects a Plan (per 11.1) which does not require City to make
a maximum contribution, then such unit member shall receive the remainder of the City
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contribution (up to the maximum of $122.00 per pay period). In no event shall a positive
balance exceed $122.00 per pay period (24 pay periods per year).
11.2 Medical Insurance Withdrawal
Except as provided below, 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.
Unit members who elect not to participate in the Plan beyond the City minimum monthly
contribution will be reimbursed the sum of $122.00 per pay period (24 pay periods per
year).
11.3 Dental Benefits
City agrees to continue dental benefits at level(s) existing under the Safeguard & MetLife
Plans. Although it is possible that the carriers could change, the levels of benefits
through new carriers will be equivalent.
11.4 Life Insurance
Members of the unit will receive $50,000.00 term Iffe insurance coverage and $50,000
accidental death and dismemberment (AD&D) coverage.
11.5 Vision Benefits
City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this
MOU is executed. Although it is possible that the carriers could change, the levels of
benefits through new carriers will be equivalent.
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 CalPERS 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 one person is over the age of 62), are eligible to register
with the secretary.
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 4
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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 after the 60 days may be enrolled during the plans next open
enrollment period.
11.7 Short Term Disability
Unit members will be permitted to make premium payments through payroll deductions in
order to maintain a Short Term Disability insurance coverage plan, with no city
contribution to the premium. Participation in the plan is mandatory.
11.8 Long Term Disability
Long Term Disability shall continue to be provided by the City at the benefit level(s)
existing as of the date this MOU is executed. Although it is possible that the carriers
could change, the levels of benefits through new carriers will be equivalent.
-� 12. HEALTH INSURANCE FOR RETIREES
r
As long as they qualify for coverage with CaIPERS, members of the Unit shall be
permitted to participate in the City-provided group health plans after retirement as a
retiree. For those retirees, the City will only contribute the mandatory minimum monthly
premium as may be required by CaIPERS for the particular calendar year. .
Tier I - Effective 7/1/1999:
In service employees hired (or received a written offer of employment) prior to September
7, 2005 shall receive health insurance for retirees as follows:
A. After 20 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will contribute an amount of money which shall be called a "retiree
health stipend" in the amount of 75% of the CalPERS premium (minus the PERS
statutory minimum which the City is already contributing on behalf of the retiree to comply
with PEHMCA to reimburse the retiree for his/her health insurance coverage.
B. After 25 years of continuous service, a management, professional or confidential
employee who attains age fifty (50) and retires from active service as a Palm Springs
employee, the City will contribute an amount of money which shall be called a "retiree
health stipend" in the amount of 100% of the CalPERS premium (minus the PERS
statutory minimum which the City is already contributing on behalf of the retiree to comply
with PEHMCA to reimburse the retiree for his/her health insurance coverage.
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The retiree health stipend as described above will be based on the coverage type (and
limited to single, or two-party) in effect at the time of retirement.
In the event of the employee's death, the City's obligation to continue making health care
contributions will end. The surviving spouse/domestic partner may remain on the plan as
a retiree without a City contribution to the premium.
Tier II — Effective 9/7/2005:
For all new employees initially hired by the City after September 7, 2005, there will be no
City contribution for retiree health benefits (other than the CaIPERS statutory minimum
amount ($112 in 2012, $115 in 2013 and a undetermined amount for 2014). The City will,
for these employees, make a $50.00 per month contribution to an employee Retiree
Health Savings Plan and the associated fixed dollar cost of administration.
13. RETIREMENT
13.1 PERS Contributions
Except as provided below, the City will continue to contract with PERS for the 2.7% @ 55
Formula at no additional cost to the employee.
Effective July 1, 2012, or as soon thereafter as the City can amend its contract with
CalPERS, new employees hired by the City will be hired with the 2 % @ 60 retirement
formula.
Effective July 1, 2012, or as soon thereafter as the City can amend its contract with
CaIPERS, the City shall amend its contract with CalPERS to provide for the three year
average final compensation per Government code 20037 for employees hired after the
effective date of the contract amendment.
13.2 PERS Conversion
City agrees that, pursuant to Government Code Section 20636(c)(4) the Employer-Paid
Member Contribution (EPMC) will be paid by the City and reported to PERS as
compensation earnable for all members of Unit.
Effective as soon as the City Council adopts a resolution modifying the provision of
employer paid member contribution subsequent to July 1, 2012, newly hired employees
to the unit shall pay the employee contribution to CaIPERS. That contribution will be eight
percent (8%) if hired per the 2.7% @ 55 formula and seven percent (7%) for those
employees hired after the date the City amends its contract with CaIPERS for the 2% @
60 benefit described above in Section 13.1, These employees shall pay their employer
paid member contribution for five years unless otherwise changed by the parties. After
five years of employment with the City, these employees will have their member
contribution paid by the City and reported to CaIPERS as compensation earnable.
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14. DISPOSITION OF LEAVE AND PAY UPON SEPARATION
14.1
Upon separation, a Unit member shall be paid at the member's current salary rate all
unpaid accrued and vested annual leave. 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.
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 MOU, shall be paid
at the next regularly scheduled pay-day after separation date from City service.
15. EDUCATION INCENTIVE PAY
15.1
Unit members will be eligible to receive an additional 5% of their base salary for a
Master's Degree from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE"), or for
l maintaining State or Federal certificates that require Continuing Education Hours.
15.2
Unit members designated by the City Manager may be eligible to receive an additional
5% Notary Certification Pay for being a licensed Notary Public. Designations for "Notary
Certification Pay" for unit members shall be entirely at the City Manager's discretion. The
City Manager will designate a Notary in the Building Department.
15.3
Unit members may be eligible to receive an additional 5% in compensation for their
provision of bilingual services. The City Manager shall determine the language needs as
well as the number of employees eligible for such premium pay. In order to be eligible for
such premium pay, an employee must pass an examination demonstrating fluency in
reading and speaking the desired second language.
Per this article, unit members may only receive one of the following certification premiums
of five percent (5%): Master's Degree, professional certification, notary certification or
bilingual certification.
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16. SALARIES
Effective January 1, 2014 - employees shall receive a 3% salary increase.
17. REDUCTION IN FORCE
Unit members who are laid off and decline the opportunity to bump or are not eligible to
bump will receive two months of regular wages upon layoff. It is the intent of the City to
provide six months of medical coverage at same level of employee contribution that was
in effect upon the day of layoff. The City will pay one month's premium directly to
CalPERS, and provide the employee with a check for the additional 5 months premiums.
18. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle may be provided instead.
19. UNIFORM ALLOWANCE
City agrees to continue to pay a monthly uniform allowance of $125.00 to the
Emergency Services Coordinator and $135.00 to the Animal Control Supervisor, as a
reimbursement for expenses incurred for acquisition and maintenance of uniforms.
20. ANNUAL LEAVE
20.1 Conversion and Definition
Annual leave shall be defined as any approved absence with pay from regularly
scheduled work for any purpose that are not properly chargeable to some other category
of leave. Annual leave shall substitute for either annual leave or sick leave as covered
under Personnel Rule 6 as amended herein.
20.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for MAPS members in
Group H.
20.3 Annual Leave Cash-In
Unit employees shall have the option of converting accrued and vested annual leave into
cash, without limitation (other than as provided below). Such cash-ins of annual leave
shall be permitted twice a year on the last payday of July and the first payday of
December. Such conversion may be for any amount of accrued and vested annual leave
hours.
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20.4 Eligible To Use
Unit members shall be eligible to use annual leave as it is accrued.
20.5 Accrual Rates for Employees Hired Before July 5 1981
Unit members hired before July 5, 1981 shall accrue and vest 24.67 hours of annual
leave on a monthly basis.
20.6 Accrual Rates for Unit Members Hired After July 5 1981
Professional and Management Unit members hired on or after July 5, 1981 shall accrue
and vest annual leave on a monthly basis in accordance with the following schedule:
WM
through 5 M16 "
6 throug 18
11 and after 20.67
l 20.7 Less than full-time employees
Less than full-time employees will accrue and vest annual leave on a pro-rated basis
based on their allocated full time equivalent.
21. DRUG POLICY/DRUG SCREENING
The parties have a vital mutual interest in maintaining safe, healthful and efficient working
conditions. Being under the influence of a drug or alcohol on the job may pose serious
safety and health risks not only to the user but also to co-workers and the citizens of Palm
Springs. The possession, use or sale of an illegal drug 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 Unit members recognize that their future is dependent on the physical
and psychological well-being of all employees. MAPS, City, and Unit members mutually
acknowledge that a drug and alcohol-free work environment benefits employees and
citizens and members agree to comply with this policy at such time as a mutually agreed
upon employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
(� possible consequences of policy violation.
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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 that a Unit member submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall
give the employee a copy. This report must advise the Unit member of his/her right to
representation. Such member shall be given an opportunity to provide additional facts. A
Unit member who is then ordered to submit to a substance abuse screening may request
to be represented. Because time is of the essence in drug screening, a representative
must be available within a reasonable time or the employee will then be ordered to submit
to a substance screening.
Any 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.
2.1.4
The supervisor, or designee, shall transport the suspected Unit member to the testing
facility. Testing shall occur on City time and be paid for by the City. The facility used for
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 Unit member who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by City. The employee should be
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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 Unit 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
Unit members with substance abuse problems are encouraged to participate voluntarily in
the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by a member with complete confidentiality and without adverse
consequences to his/her employment. Unit members should be aware, however, that a
request for assistance through the EAP will not insulate such member from disciplinary
action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last
Chance Agreement".
22. ACTING OUT OF CLASSIFICATION
Effective July 1, 2012, on the second (2) consecutive day that a 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 second (2) consecutive day such member shall be acting out of class and continuing
thereafter until such member ceases performing acting out of class duties.
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23. OVERTIME
City agrees that if a Unit member is asked to work more than 40 hours in a week, he/she
is eligible to receive overtime or comp time. If the employee accrues comp time, all
requests for time off will be honored in a timely manner. Unit members shall be required
to log time in and time out. Unit employees may be allowed to flex hours within a work
week, if approved in advance by the Department Head.
23.1 Comp Time
The maximum Compensatory Time accumulation is one hundred (100) hours.
23.2 Standby Pay
Effective July 1, 2012, employees shall be paid for two (2) hours per day for standby
pay at the employee's regular hourly rate and not subject to overtime premium.
Department Heads, Managers and Supervisors placing unit members on standby are
encouraged to provide Unit members with advanced notice (when possible) of
placement on standby.
24. EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members. .
26. ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave time to a MAPS Time Bank.
The Time Bank shall contain a maximum of forty (40) hours available to officers of MAPS
to conduct Association business. Request for use of banked hours shall require a
request from the President of MAPS on M.A.P.S. letterhead authorizing use of Banked
Time.
26. COMPRESSION
City agrees that internal relationships shall be maintained to prevent salary compression
between members of the General Unit and MAPS members.
27. CHANGE OF PAY PERIOD
In the event that all units agree to a change in the pay periods during the term of this
MOU, MAPS agrees to said change, as long as there is no loss of pay due to a change-
over. The parties agree that should the City advance any pay, the said amount of
advance will be deducted from member's last paycheck.
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28. SALARY ADVANCEMENT ELIGIBILITY
Personnel Rule 5.9.2.1 is modified to the extent that MAPS unit members shall be eligible
for step increases if they have at least a "meets expectation" or higher service rating.
29. BEREAVEMENT LEAVE
Personnel Rules 6.16.2 AND 1.16.3 are modified to the extent that MAPS unit members
shall be granted three (3) scheduled work days (24 hours) in the event of a death in the
"immediate family" of an employee regardless of travel. Effective on June 23, 2012, once
the 4110 work schedule becomes effective, employees may still be granted up to three (3)
scheduled work days for bereavement leave.
30. 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, 2014.
31. FURLOUGHSIWORK SCHEDULE
The current ten percent (10%) furloughs shall continue into Fiscal Year 12-13 and shall
end on the last day of the last payroll period in June 2013 (which the parties believe will
be June 22, 2013). Effective on the Sunday after furloughs end (which the parties believe
will be June 23, 2013), all employees in the bargaining unit shall be assigned to work a
4/10 work schedule; four consecutive work days followed by three consecutive days off.
After furloughs have expired, a Unit member may request to work a four day — nine hour
work schedule (4/9). Such a request is subject to Department Head approval and once
granted, may be revoked at any time. A decision to deny a request for such a work
schedule is not subject to challenge or grievance. The Department Head has total
discretion as to whether to grant a request for such work schedule and whether the
schedule should continue.
The parties agree that after furloughs end and employees move to a 4/10 work schedule,
City Hall will remain closed on Fridays
32. FLOATING HOLIDAYS
Unit members have one floating holiday per calendar year to use by December 31 of the
calendar year in which it applies. This floating holiday does not accrue and cannot be
cashed out. In 2012, if it is not used, it is lost. Employees must request to use the
floating holiday just like they would request to use annual 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 fiscal year to which it applies, must exercise that
-- discretion carefully to ensure that employees can use their floating holiday.
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32.1 Friday Observed Holidays (and Floating Holiday) After Furloughs End:
Effective June 23, 2013, for employees who follow the observed holiday schedule
(employees who work in the same work group on a Monday through Thursday
schedule), holidays occurring on a Friday (e.g., years when July 4, Christmas or New
Years Day fall on a Friday and every year for the day after Thanksgiving) will not move
to the prior open business day (e.g., the Thursday before or the Wednesday before
Thanksgiving). Rather, for each one of those days, unit members (who would be off
duty on the Friday) will accrue a floating holiday (based on the number of hours they
are assigned relative to a full-time equivalent assignment— i.e., a full time employee
will accrue 10 hours, a 30 hour per week employee will accrue 7.5 hours) for the day.
The floating holiday has no cash value. If it is not used by an employee it is lost if any
such hours are on the books at the time the unit member leaves the City. Employees
may request to use their floating holiday just like a request to use annual leave.
Department Heads have discretion whether to grant or deny a request to use the
floating holiday, but must exercise that discretion carefully to ensure that employees
can use these floating holidays. For employees who follow the calendar date schedule,
they will continue to receive the holiday on the actual date of the holiday.
Effective June 23, 2013, these holidays, including the one floating holiday earned each
January as described in Section 32.1 may accrue up to 50 hours. If an employee has
50 hours of floating holiday leave earned he/she will not earn additional floating holiday
leave until his/her bank is reduced below 50 hours.
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MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date: _ Ayivs'T / �f Z012
By: RNC� /' 1a22,LLo
MAPS President Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
\ Date:
By: By.
City Manager Director of Human Resources
Attest:
By: Council Approval:
City Clerk
Approved to form:
By:
City Attorney
16 Z3
MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE
Date: � y �vs� � Lf Zol2
By: �NCk Vo2-e LLo
MAPS President Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date: o-2 / �D
By: — By:
City Manager Direc r f Human Resources
Attest:
By. Council Approval:
City Clerk
APPROVED BY Coy COUNCIL
Approve arrm:
By: i
OfyAftorney
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