HomeMy WebLinkAbout12/7/2005 - STAFF REPORTS „ ?A LM S,a�
_2
V N
w +
+ `on +
OAAtFO`eA`
cq<5ORa�P City Council Staff Report
DATE: December 7, 2005 New Business
SUBJECT: MEMORANDUM OF UNDERSTANDING — SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 700 REPRESENTING THE GENERAL
UNIT
FROM: David H. Ready, City Manager
BY: Human Resources
SUMMARY
The City has reached a tentative agreement with the Service Employees International
Union Local 700 (SEIU) representing the General Unit. The City Council will consider
adopting a Resolution approving a contract or Memorandum of Understanding between
the City and the General Unit.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 700 REPRESENTING THE
GENERAL UNIT, FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007,
SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM
OF UNDERSTANDING.
2. Authorize the City Manager to execute the Memorandum of Understanding in a
form acceptable to the City Attorney.
3. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS APPROVING AMENDMENT #4 TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED
RESOLUTION NO. 21284.”
Item No. 5.A.
City Council Staff Report
December 7, 2005 -- Page 2
General Unit
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the Palm Springs chapter of the Service Employees International
Union (SEIU) Local 700 representing the General Unit have met and conferred in good
faith with the Municipal Employee Relations Representative (MERR) and have reached
agreement on the terms and conditions of a Memorandum of Understanding (MOU)
governing employees of the City of Palm Springs within the General Unit for the period
July 1, 2005 through June 30, 2007.
Subsequent to Council's Closed Session Proposal of October 12, 2005, adjustments to
two additional classifications (Building Maintenance Mechanic II and Senior Building
Maintenance Mechanic) which affect two employees needed to be made because of the
compression created in the Maintenance Mechanic series.
General Unit and the MERR jointly recommend adoption of such MOU by the City
Council,
FISCAL IMPACT: IFinance Director Revie .'—
The General Fund costs for the reclassifications, COLA a median adjustments, shift
differential and Certification Pay for FY 05/06 will be $497,144. The General Fund cost
for FY 06/07 is $288,242. If the "cover the deficit" provision becomes effective in FY
05/06, then there will be an additional cost of $92,691for this fiscal year.
Susan Mills, Directo uman sources David H. Ready, City Man,
Attachments:
RESOLUTION NO.
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 SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 700
REPRESENTING THE GENERAL UNIT, FOR THE
PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007,
SUBJECT TO UNIT'S RATIFICATION AND
EXECUTING THE MEMORANDUM OF
UNDERSTANDING.
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 Service Employees International Union Local
700 (SEIU) representing the General Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and SEIU have
reached agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within
such General Unit, subject to ratification by the Unit; and
WHEREAS, SEIU representing the General Unit and the MERR jointly
recommend adoption of such MOU by the City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between SEIU and
MERR, for the period July 1, 2005 through June 30, 2007, 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.
ADOPTED THIS 7th day of December, 2005.
David H. Ready, City Manager
Resolution No.
Page 2
ATTEST:
James Thompson, City Clerk
Resolution No.
Page 3
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. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING AMENDMENT #4 TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN,
ADOPTED BY RESOLUTION 21284
WHEREAS, an Allocated Positions and Compensation Plan was adopted June 8, 2005,
for the 2005-06 fiscal year by Resolution No. 21284; and
WHEREAS, the City Council desires to amend said Allocated Positions and
Compensation Plan.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the Allocated Positions and Compensation Plan for positions in the
City Service for fiscal year 2005-2006 is hereby amended as follows:
SECTION 2. Reallocations and Range Adjustments to Authorized Positions effective
July 3, 2005
Department # Positions Classification Unit/Range
Community& Economic Development
1.00 Housing Program Assistant 11 from G/33
to G/39
Finance &Treasury
2.00 Account Clerk from G/27
Account Clerk II to G/30
Human Resources
1.00 Risk Management Specialist 11 from G/44
Human Resources/Risk Technician to G/35
Parks & Recreation
6.00 Parks Maintenance Worker I from G/18
to G/28
2.00 Parks Maintenance Worker I from G/18
Parks Maintenance Lead Worker to G/38
3.00 Parks Maintenance Mechanic I from G/26
to G/32
Resolution No.
Page 2
Department # Positions Classification Unit/Range
1.00 Senior Downtown Maintenance Mechanic from G/34
Senior Parks Maintenance Mechanic/Crew Leader to G/43
Planning
1.00 Planning Technician from G/37
to G/40
Police
8.00 Community Services Officer from G/30
to G/35
8.00 Custody Officer from G/23
to G/30
1.00 Custody Officer Supervisor from G/30
to G/36
1.00 Police Services Supervisor from G/30
to G/36
1.00 Police Services Supervisor from G/30
Police Services Officer to G/24
2.00 Secretary from G/29
Senior Secretary to G/33
1.00 Identification Technician from G/40
Crime Scene Technician to G/43
Public Works
2.00 Building Maintenance Mechanic from G/26
to G/32
1.00 Building Maintenance Mechanic II from G/30
to G/36
1.00 Senior Building Maintenance Mechanic from G/34
to G/40
1.00 Secretary from G/29
Engineering Secretary/Counter Technician to G/34
2.00 Engineering Assistant from G/40
to G/47
Resolution No.
Page 3
Department If Positions Classification Unit/Range
1.00 Heavy Equipment Operator/Senior Street
Maintenance Worker from G/34
to G/38
2.00 Senior Street/Traffic Maintenance Worker from G/32
Street/Traffic Maintenance Lead Worker to G/34
SECTION 3. Title Change Only effective November 16, 2005
Department # Positions Classification Unit/Range
1.00 Community Services Coordinator from PS/47
Public Relations Coordinator to PS/47
Total authorized positions 2005-2006 Budget 455.25
Total authorized positions 2005-2006 as previously amended 459.25
Total authorized positions 2005-2006 as amended (Amendment#4) 459.25
ADOPTED THIS 7th day of December, 2005.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Resolution No.
Page 4
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. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
MEMORANDUM OF UNDERSTANDING BETWEEN
THE MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE AND THE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 700
REPRESENTING THE GENERAL UNIT
JULY 1, 2005 - JUNE 30, 2007
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 700
(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, 2005 and terminating at midnight, June 30, 2007; provided, however, that
specific sections of this MOU may have later effective dates as specified herein.
3. BASE SALARIES
3.1 Cost of Living Adjustment
7/03/2005 Two percent (2%) cost of living adjustment ("COLA"); and a 1%
retroactive to 7-3-05 should the $1.6 million (approximate) budget deficit not occur due
to revenues exceeding actual expenditures with the exception of any funds dealing with
the distribution of mistaken Teeter funds, or proceeds from the sale of any large City
capital operation, by the end of fiscal year 2005-06.
3.2 Cost of Living Adjustment
7/02/2006 Cost of living adjustment ("COLA") based on CPI not to exceed three
percent (3%).
3.3 Median Classification Adiustment
7/04/2005 One percent (1%) median adjustment to all Unit classifications.
3.4 Classification and Position Adjustments
7/2/2005 UNIT classification and position salary adjustments shall be made as set
forth in Amendment #4 to the 2005-06 Allocated Position and Compensation Plan dated
November 16, 2005.
4. HEALTH AND WELFARE
4.1 Health Insurance
Effective January 1, 2006, 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 $ 461.69
Two-Party $ 40.00 $ 971.59
Family $ 60.00 $1,385.10
HMO Plan HMO Plan
Employee Contribution City Contribution
Single Party $-0- $ 290.95
Two-Party $-0- $ 610.97
Family $-0- $ 872.82
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%
2
of the cost of two party "retirees" health premium being covered at the time of one
leaves active service as follows:
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 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 ll" — Effective 12/7/2005:
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.
3
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- $ 42.87
Two-Party $ 5.20 $ 86.02
Family $11.48 $131.95
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.
4A 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.
4.15 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.
4
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 PERS 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 Pav
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 Officer Pav
City shall provide 5% Field Training Officer pay to Dispatchers and Community Service
Officers for actual time spent training new Dispatchers and Community Service Officers.
5
The City agrees to expand the program to include other UNIT employees as designated
"training officers." 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 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 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 in 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.
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
6
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
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 (!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
7
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
Effective January 1, 2002, and for the term of this MOU, City agrees to continue 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 As of 1/1/2002
Animal Control Officer $85.00 Drug Prevention Officer $85.00
Assistant Animal Control Officer $85.00 Family Intervention Officer $85.00
Community Preservation 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
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,
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
UPJION and City agree that employees in the Unit shall receive mileage reimbursement
8
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, 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.
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 Notar
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.
9
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 that meet the general industry standard ANSI
Z41-1991 to those positions previously designated by UNION as 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.
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
10
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.
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
11
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
IVIOU, 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, 2005, 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.
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.
12
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.
13
EMPLOYEESSERVICE •NAL UNION LOCAL11
Date: �� �� �`'6 BY: .�-->�.,_ ✓/'
Uniory epresentative
,y
By; � ,
Negotiator Neg tiator
Negotiator Negotiator
EMPLOYEEMUNICIPAL •
Date: By:
City Manager
Attest: By :
City Clerk Director of Human Resources
14