HomeMy WebLinkAbout9/7/2005 - STAFF REPORTS (41) I U N
I * *
e
I C p
q</pORe�p City Council Staff Report
I
I
DATE: September 7, 2005 NEW BUSINESS
SUBJECT: MEMORANDUM OF UNDERSTANDING — MANAGEMENT
ASSOCIATION OF PALM SPRINGS (MAPS)
FROM: David H. Ready, City Manager
BY: Human Resources
SUMMARY
The City has reached a tentative agreement with the Palm Springs Management
Association (MAPS). The City Council will consider adopting a Resolution approving a
contract or Memorandum of Understanding between the City and MAPS.
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
MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS), FOR THE
PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007, SUBJECT TO UNIT'S
RATIFICATION AND EXECUTING THE MEMORANDUM OF
UNDERSTANDING."
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO.
1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED
BY RESOLUTION NO. 21284."
3. Authorize the City Manager to execute the Memorandum of Understanding in a
form acceptable to the City Attorney.
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the Management Association of Palm Springs (MAPS) have met and
conferred in good faith with the Municipal Employee Relations Representative (MERR)
and have reach agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within the
Professional and Management Unit for the period July 1, 2005 through June 30, 2007.
ITEM NO. �,�.
MAPS and the MERR jointly recommend adoption of such MOU by the City Council.
FISCAL IMPACT:
The cost for FY 05/06 will be $217,408. This cost includes the median adjustments and
a cost of living adjustment. There will be an additional cost in FY 06/07 of $148,383. If
the "cover the deficit' provision becomes effective in FY 05/06, then there will be an
additional cost of$74,276 for this fiscal year.
Susan Mills, Director bf Human Oesources ^David H. Ready, City wager
i
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 MANAGEMENT
ASSOCIATION OF PALM SPRINGS (MAPS), 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 Management Association of Palm Springs
(MAPS) representing the Professional and Management Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and MAPS
have reached agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within
such Professional and Management Unit, subject to ratification by the Unit; and
WHEREAS, MAPS 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 MAPS 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 September, 2005.
David H. Ready, City Manager
i
I
i
i
jJames Thompson, City Clerk
I
i
i
I
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
l 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 #1 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 to include the reclassifications of 7 Management and Professional
Unit (MAPS) classifications, and 2 title changes as a result of meeting and
conferring on a Memorandum of Understanding (MOU) for the period July 1,
2005 to June 30, 2007. In addition, there is a title change only for the EX position
of City Librarian.
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. Reclassification of Positions
(Department Classification Unit/Range
IT Information Technology Manager from MX60 to MX 63
IT Senior PC/Network Admin from PS57 to PS 60
IT Senior Systems Network Admin from PS57 to PS 60
Facilities Facilities Maintenance Manager from MX56 to MX59
Engineering Associate Civil Engineer from PS51 to PS52
Engineering Engineering Associate from PS51 to PS52 ,
Planning Principal Planner from PS57 to PS63
SECTION 3. Title Changes Only
(Department Classification Unit/Range
Aviation From Airport Operations Supervisor II from PS 52
To Manager, Airport Certification & Security to PS 52
Parks/Recreation From Facilities Administrative Coordinator PSC 41
Parks/Recreation To Parks/Recreation Administrative Coordinator PSC 41
Library From City Librarian EX 69
Library To Director of Library Services EX 69
Total authorized positions 2005-2006 Budget 455.25
Total authorized positions 2005-2006 as amended (Amendment#1) 455.25
ADOPTED THIS xxth day of Month, Year.
David H. Ready, City Manager
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
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, 2005 —JUNE 30, 2007
1 1l"11• ; 1! 11 • 11 "1 • 1" •11587190011FRVE
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 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 "MOU").
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, 2005, and terminating at midnight, June 30, 2007.
3. Negotiations for the 2007-2008 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, 2007.
rwil��rtole�-I
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.
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.
1
(.' 1J_nt-161In01:4B11f"IEel►b. .-IOIy/_fI[e101�LY4:IIVAIma:4.9:1I,
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 of the City of Palm Springs 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.
5.3
New employees of the City of Palm Springs eligible for membership in MAPS shall be
presented with membership materials including payroll deduction authorization at the
employee's orientation conducted by the City.
It is understood that existing ordinances, resolutions, and policies of City cover matters
pertaining to employer-employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. Therefore, it is agreed by
the parties hereto that all such ordinances, resolutions and policies, including, but not
limited to, Sections 4, 5, 6, 7 and 13 of the Employer-Employee Relations Resolution
16438 are hereby incorporated by this reference and made a part hereof as though set
forth in full, and except as provided herein shall remain in full force and effect during the
term hereof. City and the employees of the Professional and Management Unit shall
continue to have the rights and prerogatives as set forth in Sections 4, 5, 6, 7 and 13 of
Resolution 16438, and nothing in this MOU shall be deemed in any manner to abridge,
restrict or modify the same except as limited by the Strikes and Work stoppages section
of this MOU.
�IAItl1.11►II�0/.10[y��7�:]�QI�'IffL9
The status of all existing benefits and conditions of employment now enjoyed by the
members of the Professional and Management 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.
2
8.1 Prohibited Conduct
MAPS, its officers, agents, representatives and/or members of the Professional and
Management Unit agree that during the term of this MOU, they will not cause or condone
any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or
refusing to perform services.
Any such Professional and Management Unit member who participates in any prohibited
conduct listed above shall be subject to suspension, demotion, or dismissal by City.
In addition to any other lawful remedies or disciplinary actions available to City, if 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 Professional and
Management 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.
Er��a.la:�_�i_�►1.i.�r_�r�rr_�n►[.y
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. The parties to this MOU agree to comply
with the provisions of the Americans with Disabilities Act and the Family Rights Act.
Personnel rules regarding temporary military duty are deemed to be amended to reflect
state law. Personnel Rules regarding Military Leave are also deemed to be amended to
reflect state law.
fiU)•��l�tel_�r(e1►/e1�:7�h►i1:1�1:1.9�►►tl�►�r
No Professional and Management Unit member shall receive more than $1,500/fiscal
year through the Educational Reimbursement Program.
3
`INILI[s9Mtolf90 Is]q
11.1 Optional Benefit Plan
City agrees to continue to enroll with and subscribe to the Public Employees Retirement
Health Care Plan, and to maintain an Optional Benefits Plan pursuant to the Public
Employees' Medical and Hospital Care Act, Government Code Sections 22751 et seq
(simply the Plan). The options available through the Plan shall include the following
items:
1) Health Insurance through the CaIPERS Health Plans;
2) Dental Insurance through either Safeguard or MetLife Dental;
3) Fully insured Vision Coverage with $20 co-pay; and
4) Supplemental Life Insurance.
The maximum City contribution to the Plan shall be determined annually based on the
formula that has been used by City. 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 Plans listed below (i.e., single, two-party, and family).
The current Optional Benefit Rates effective January 1, 2005, are:
Category Maximum
Contribution
Unit Member Only $ 381/month
Unit Member+ 1 $ 765/month
Family $ 1,041/month
At any time during the term of this MOU, premium increases exceeding 10% for the
health or dental program shall be paid by the employee.
The maximum City monthly contribution for the Optional Benefit 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
Optional Benefit excess paid. The City will, however, pay the premiums for the dental
and/or vision coverage/s selected.
In the event a member of the Professional & Management Unit selects a Plan (per 11.1)
which does not require City to make a maximum contribution, then such unit member
shall designate, in writing at the time of enrollment in the Plan, or annually at open
enrollment (or at any time allowed by CaIPERS), the use to which the remainder of the
City contribution (up to the maximum) shall be put. Professional & Management Unit
4
i
I
members may elect, at their discretion, to (1) purchase other or additional health and/or
life insurance products offered by City, (2) offset current payroll deductions for other or
additional health and/or life insurance products, or (3) designate such remainder to be
contributed to the Unit member's City deferred compensation account. In no event shall a
positive Optional Benefit balance to deferred compensation exceed $122.00 per pay
period (24 pay periods per year) effective October 14, 2005.
11.2 Medical Insurance Withdrawal
Except as provided below, Professional & Management Unit members who elect to
purchase health insurance independent of the Plan, may withdraw from or decline to
participate in the Plan by executing, in writing, an election to withdraw from, a declination
to participate in, and/or a waiver of benefits (as appropriate) on such form as may be
required by City.
Notwithstanding the forgoing, Association and City understand and agree that, pursuant
to the Plan, City will be required to make a minimum health care contribution of $16.00
toward purchase of medical benefits through the Plan. Accordingly, Association and City
further agree that all members of the Professional & Management Unit shall be required
to select a medical benefits program consistent with the minimum City contribution
required under the Plan.
Unit members who elect not to participate in the Plan beyond the City minimum monthly
contribution will be reimbursed the sum of$244.00 (effective October 14, 2005).
11.3 Dental Benefits
For the term of this MOU, City agrees to continue dental benefits at level(s) existing under
the Safeguard & MetLife Plans.
11.4 Life Insurance
For the term of this MOU, the amount of coverage will be $50,000.00 term life, plus
$50,000 accidental death and dismemberment (AD&D) per member in the Unit. City
contributions to the existing Life Insurance Plan will be continued at the benefit level(s)
existing as of the date this MOU is executed.
11.5 Vision Benefits
For the term of this MOU, City agrees to provide Vision Coverage at the benefit level(s)
existing as of the date this MOU is executed.
5
11.6 Domestic Partner Coveraqe
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.
Second, the employer (City of Palm Springs) must elect to provide the CalPERS health
benefit plan to the employee's or retiree's domestic partner. Public Agency employers
must submit a change Resolution to apply the benefit. City agrees to elect and adopt a
change Resolution.
Third, the CalPERS enrollee must provide a copy of the Declaration of Domestic
Partnership and a signed Statement of Financial Liability (PERS form) to City. CalPERS
will use the same enrollment policies for domestic partnerships as currently used for
traditional marriages.
Domestic partner enrollment documents submitted within 60 days of the domestic partner
registration will provide health benefit coverage effective on the first day of the month
following the month in which the employer received the enrollment document. Domestic
partner enrollments submitted later than 60 days after domestic partner registration are
considered late enrollments with PERS and must wait 90 days from the date the
enrollment request was received by the employer. The effective date of coverage is the
first day of the month following the 90 day waiting period.
11.7 Short Term Disability
Professional and Management 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.
11.8 Lonq 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.
ffr#1►[c1�1:79�[y'�7�]:i:]��I:»may
Members of the Professional & Management Unit shall be permitted to participate in the
City-provided group plans after retirement. City will contribute minimum monthly premium
6
as required by CalPERS (currently $48.40/month/retiree) to PERS for health coverage,
for those retirees who elect retiree health care with PERS.
Tier I - Effective 7/1/1999:
1. A management, professional or confidential employee who attains age fifty (50) and
retires from active service as a Palm Springs employee after 20 years of continuous
service, the City shall reimburse the member for 75% of the cost of two-party 'retirees'
health premium being covered at the time of retirement. This provision will apply to the
current .50 employee (ADA qualified) who shall be treated as a full time employee for the
purposes of this benefit.
2. A management, professional or confidential employee who attains age fifty (50) and
retires from active service as a Palm Springs employee after 25 years of continuous
service, the City shall reimburse the member for 100% of the cost of two-party 'retirees'
health premium being covered at the time of retirement. This provision will apply to the
current .50 employee (ADA qualified) who shall be treated as a full time employee for the
purposes of this benefit.
In the event of the employee's death, the City's contribution will end. The surviving
spouse may remain on the plan as a retiree without a City contribution to the premium.
Tier 11 — Effective 9/7/2005:
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 9/7/2005 who
has already received and accepted an Offer of Employment prior to the ratification of this
agreement.
110:14r1:0UMMI III
13.1 PERS Contributions
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.
13.2 PERS Conversion
City agrees that, pursuant to Government Code Section 20636 (c)(4) pursuant to Section
20691, normal member contributions (EMPC) Employer-Paid Member Contributions will
continue to be paid by the employer, City of Palm Springs, and reported to PERS as
7
i
I
additional compensation for all members of Unit. City will continue to make all PERS
mandated Employer-Paid Employer Contributions ("EPEC").
IE no]b9:lib`119 lei►[0]04mrGVIWG101O1C_\'O):R 0&`1:I LT9:-174R ]01
14.1
Upon separation, an employee shall be paid at the employee'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.
116MA91414YGlt0]0I10[y0110111T/QSFG\•/
15.1
Professional and Management Unit members will be eligible to receive an additional 5%
in compensation 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 maintaining State or Federal certificates that require
Continuing Education Hours.
15.2
Three (3) Professional and Management Unit members designated by the City Manager
may be eligible to receive an additional 5% Certification Pay for being a licensed Notary
Public. Additional designations and thus qualification for Certification Pay for unit
members beyond the stated initial three shall be entirely at the City Manager's discretion.
15.3
Professional and Management Unit members may be eligible to receive an additional 5%
in compensation for their services as a bilingual. 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.
Professional and Management Unit members are only eligible to receive either one of
notary or bilingual pay, but shall not receive both concurrently.
8
Ii[:il�ya�_raay
Cost of Livinq Salary Increases as follows:
7-03-2005 2% wage increase (with reopener per Section 29.2); 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.
7-02-2006 2% wage increase (with reopener per section 29.2).
Median Adjustments:
7-04-2005 Seven (7) classifications per Amendment#1 to the 2005-06
Allocated Positions and Compensation Plan.
i�A:7��10[��N]0�I0�7�llyq
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.
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle should be provided and the auto allowance will
not be removed until the issue is reconciled with each affected employee on an individual
basis.
11081F9►1014_RNIANT/q
19.1 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. For employees in MAPS, annual leave shall substitute for either annual leave or
sick leave as covered under Personnel Rule 6 as amended herein.
9
19.2 Maximum Accrual and Minimum Usaqe
There shall be a maximum accrual of 712 annual leave hours for MAPS members in
Group II. Such members in Group II shall take at least eighty (80) hours of accrued and
vested annual leave per calendar year. If fewer than eighty (80) hours of annual leave
l are taken, accrual of annual leave shall stop until the eighty (80) hours minimum usage
has been taken.
i
Commencing July 1, 2003, MAPS members with sick and vacation leave in excess of the
j new 712 hour annual leave accrual cap will have all hours in excess of 664 placed into a
special leave bank that will exist for three years. During the three years employees can
draw against or cash out on a semi-annual basis as set forth below from this special leave
bank until all hours are exhausted. If the special leave bank is not exhausted by the end
of three years, then the City will cash out and eliminate the special leave bank effective
December 30, 2006.
i
19.3 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, provided that such member has used the required minimum 80 hours of annual
leave or maintains a bank of annual leave hours adequate to be able to use the required
minimum number of hours of annual leave by the end of the calendar year, as provided in
19.2.
19.4 Eliqible To Use
Full-time Professional and Management Unit members in Group II shall be eligible to use
annual leave as it is accrued.
19.5 Accrual Rates for Employees Hired Before Julv 5, 1981
Professional and Management Unit members in Group II hired before July 5, 1981 shall
accrue and vest annual leave on a monthly basis in accordance with the following
schedule:
10
YEARS OF HOURS ACCRUED &
SERVICE VESTED MONTHLY
O through 5 16
6 through 10 18
11 20.67
12 21.34
I 13 22
14 22.67
15 23.34
16 24
17 and after 24.67
19.6 Accrual Rates for Unit Members Hired After July 5, 1981
I
Professional and Management Unit members in Group II hired on or after July 5, 1981
shall accrue and vest annual leave on a monthly basis in accordance with the following
schedule:
YEARS OF SERVICE HOURS ACCRUED &
VESTED MONTHLY
O through 5 16
6 through 10 18
11 and after 20
19.7 Half-time employees
Half-time employees will accrue and vest both annual leave and sick leave, on a pro-
rated basis as follows:
REGULAR
20-hour week = % accrual
30-hour week = '/. accrual
�.U)1�]:1�LHli]�I�l•/I�]:11LeLYy:»�►11►[el
The City of Palm Springs and the Professional and Management Unit members have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under
the influence of a drug or alcohol on the job may pose serious safety and health risks not
only to the user but also to co-workers and the citizens of Palm Springs. The possession,
use or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for
safe, healthful and efficient operations. "On the job" means while on City premises, at
work locations, or while on duty or being compensated on an "on call status".
MAPS, City, and Professional and Management Unit members recognize that their future
is dependent on the physical and psychological well being of all employees. MAPS, City,
11
and Professional and Management Unit members mutually acknowledge that a drug and
alcohol-free work environment benefits employees and citizens and members agree to
comply with this policy at such time as a mutually agreed upon employee assistance
program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
20.1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
20.2
I
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.
20.3
Any manager or supervisor requesting a Professional and Management member to
submit to a substance screening shall document in writing the facts constituting
reasonable suspicion and shall give the employee a copy. This report must advise the
Professional and Management member of his right to representation. Such member shall
be given an opportunity to provide additional facts. Professional and Management
member who is then ordered to submit to a substance abuse screening may request to
be represented. Because time is of the essence in drug screening, a representative must
be available within a reasonable time or the employee will then be ordered to submit to a
substance screening.
Any Professional and Management member who refuses to submit to a substance
screening may be considered insubordinate and shall be subject to disciplinary action up
to and including termination.
20.4
The supervisor, or designee, shall transport the suspected Professional and Management
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
12
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.
i
20.5
i
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
t Any Professional and Management member who tests positive on a confirmatory test will
be given the opportunity to discuss the results with a physician to be designated by City.
The employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so chooses, a
positive test result.
I
I 20.6
I
I
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs which
are clearly marked that they may cause significant drowsiness or impair a Professional
and Management member's performance. Such member shall notify his/her supervisor,
before beginning work, when taking such medications or drugs. In the event there is a
question regarding such member's ability to safely and effectively perform assigned duties
while using such medications or drugs, clearance from a physician designated by the City
may be required. The City reserves the right to send such member home on sick leave
under these circumstances.
20.7
Professional and Management members with substance abuse problems are encouraged
to participate voluntarily in the City-sponsored Employee Assistance Program (EAP).
Assistance through the EAP may be sought by a Professional and Management member
with complete confidentiality and without adverse consequences to his/her employment.
Professional and Management member should be aware, however, that a request for
assistance through the EAP will not insulate such member from disciplinary action already
contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, City will refer such member to the EAP. Such referral shall be made available
to such member as an alternative to disciplinary action. Referral would be subject to
agreement by such member to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last
Chance Agreement".
13
F�_��Irlo[eI�14r<�l�y�_1a1.91�N1_�r[.1►�
j On the sixth (6) consecutive day that a Professional and Management Unit member is
required to perform duties out of his/her designated classification ("acting out of class")
l 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
l the sixth (6) consecutive day such member shall be acting out of class and continuing
I
thereafter until such member ceases performing acting out of class duties.
I
i �.Y.#�1►l�:irl►�ilq
City agrees that if a member of the Professional and Management Unit is asked to work
more than 40 hours in a week, the liability for paid overtime or comp time will be incurred.
All requests for time off will be honored in a timely manner, either by granting the time off
or by granting pay in lieu of time off. Professional & Management Unit members shall be
required to log time in and time out. Unit employees may be allowed to flex hours within a
work week, if approved in advance by the Department Head.
11.9
The City will continue the Service Awards program for MAPS members..
Members represented by MAPS shall be permitted 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. Membership participation is voluntary.
For the term of this MOU, City agrees that internal relationships shall be maintained to
prevent salary compression between members of the General Unit and MAPS members.
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. MAPS also agree that should the City advance any pay, the said amount of
advance will be deducted from member's last paycheck.
14
f�.>/�.9_1 W_1;fail 1rL1►[y:11 1Xi 1:11►1 11111:11 1[e]I:111 Iwo
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.
0:11111:11:11V;F_VA%ITIIA►IAIZMAV/0
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.
f�.�`)<yC/.1►[el�cl�lgill[e�I�:���il_1►U1:�'xel��i•I�:�
29.1 Waiver of Further Barqaininq
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, 2007.
29.2 Cost of Livinq (COLA) Reopener
In the event that any other City employee bargaining unit is given a wage increase in
excess of two percent (2%), the City agrees to a reopener with MAPS on its two percent
(2%)wage increase set forth in section 16 of this MOU.
29.3 4/10 Schedule
In the event the City grants a comprehensive 4/10 schedule to the General Unit (beyond
the limited 4/10 schedule as outlined in the 2003-2005 MOU), the City agrees to grant unit
members the same comprehensive 4/10 schedule.
15
MUNICIPAL EMPLOYEE RELATIONS MANAGEMENT ASSOCIATION PALM
REPRESENTATIVE SPRINGS REPRESENTATIVE
Date:
By By
City Manager Labor`"Representative
By By
Human Resources Director Association President
By
Deputy City Attorney, Labor& Employment
16