HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (38) 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, 2003 —JUNE 30, 2005
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").
,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, 2003, and terminating at midnight, June 30, 2005.
3. Negotiations for the 2005-2006 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, 2005.
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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.
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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.
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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.
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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.
MOM
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.
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.
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No Professional and Management Unit member shall receive more than
$1,500/fiscal year through the Educational Reimbursement Program.
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 sea (simply the Plan). The options available through the Plan
shall include the following items:
1) Health Insurance through the PERS Health Plans;
2) Dental Insurance through either Denticare or Metlife Dental;
3) Fully insured Vision Coverage with $20 co-pay; and
4) Supplemental Life Insurance.
The minimum City contribution to the Plan shall be $16.00 per Unit member per
month. The maximum City contribution to the Plan shall be determined annually
based on the formula that has been used by City, which involves taking the rate
increases by plan, developing a rate increase and applying it to the single, two
party and family optional benefit amount.
The current Optional Benefit Rates for the period ending December 30, 2003, are:
Category Maximum
Contribution
Unit Member $326/month
Only
Unit Member+ 1 $653/month
Family $888/month
Retirees $16/month
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In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution by 15% at any time during the term of this
MOU, the amount of excess shall be paid by the employee through a payroll
deduction.
The maximum City monthly contribution for the Optional Benefit Plan, referred to
as 11.1, is to be determined by the medical plan status selection (single, two party,
or family). Should an employee decline medical coverage, but elects either dental
or vision coverage, there will be no Optional Benefit excess, and the City's
contribution will be payment of the premium only.
In the event a member of the Professional & Management Unit selects a medical
benefits program which does not require City to make (within the applicable
category) a maximum contribution, then such unit member shall designate, in
writing and at the time of enrollment in the Plan, the use to which the remainder of
the City contribution (up to the maximum) shall be put. Professional &
Management Unit members may elect, at their discretion, to (1) purchase other or
additional health and/or life insurance products offered by City, (2) offset current
payroll deductions for other or additional health and/or life insurance products, or
(3) designate such remainder to be contributed to the Unit member's City deferred
compensation account. In no event shall a positive Optional Benefit balance to
deferred compensation exceed $96.00 per pay period.
11.2 Medical Insurance Withdrawal
Except as provided below, Professional & Management Unit members who elect to
purchase health insurance independent of the Plan, may withdraw from or decline
to participate in the Plan by executing, in writing, an election to withdraw from, a
declination to participate in, and/or a waiver of benefits (as appropriate) on such
form as may be required by City.
Notwithstanding the forgoing, Association and City understand and agree that,
pursuant to the Plan, City will be required to make a minimum health care
contribution of $16.00 toward purchase of medical benefits through the Plan.
Accordingly, Association and City further agree that all members of the
Professional & Management Unit shall be required to select a medical benefits
program consistent with the minimum City contribution required under the Plan.
Unit members who elect not to participate in the Plan beyond the City minimum
contribution will be reimbursed the sum of$192.00.
11.3 Dental Benefits
For the term of this MOU, City agrees to continue dental benefits at level(s)
existing under the Denticare & Metlife Plans.
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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.
11.6 Domestic Partner Coverage
Legislation passed allowing domestic partners to register with the Secretary of
State and be eligible to enroll in a CalPERS health plan. The law requires the
following actions for a domestic partner to be enrolled in a CaIPERS health
benefits plan: First, the Secretary must register the domestic partnership, and
provide a Declaration of Domestic Partnership to the domestic partners. Specified
same-sex domestic partnerships between persons who are both at least 18 years
of age, and specified opposite sex domestic partnerships when both persons are
over the age of 62, are eligible to register with the secretary.
Second, the employer (City of Palm Springs) must elect to provide the CalPERS
health benefit plan to the employee's or retiree's domestic partner. Public Agency
employers must submit a change Resolution to apply the benefit. City agrees to
elect and adopt a change Resolution.
Third, the CaIPERS enrollee must provide a copy of the Declaration of Domestic
Partnership and a signed Statement of Financial Liability (PERS form) to City.
CaIPERS 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 PIERS 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.
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11.7 Short Term Disability
For the term of this MOU, Professional and Management Unit members intend to
obtain a Short Term Disability insurance coverage plan, for which the members will
be permitted to make premium payments through payroll deductions.
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.
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Members of the Professional & Management Unit shall not be permitted to
participate in the City-provided group plans after retirement and, instead, shall be
provided conversion rights pursuant to and in accordance with the Comprehensive
Omnibus Budget Reconciliation Act ("COBRA"). City will contribute
$16/month/retiree to PERS for health coverage, for those retirees who elect retiree
health care with PERS.
Effective July 1, 1999:
1. A management, professional or confidential employee who attains age fifty (50)
and retires from active service as a Palm Springs employee after 20 years of
continuous service, the City shall reimburse the member for 75% of the cost of
two-party 'retirees' health premium being covered at the time of retirement.
2. A management, professional or confidential employee who attains age fifty (50)
and retires from active service as a Palm Springs employee after 25 years of
continuous service, the City shall reimburse the member for 100% of the cost
of two-party 'retirees' health premium being covered at the time of retirement.
13.1 PERS Contributions
The City will 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 additional compensation for all members of Unit. City will
continue to make all PERS mandated Employer-Paid Employer Contributions
("EPEC").
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.
15.1 Professional and Management Unit members will be eligible to receive an
additional 5% in compensation for a Master's Degree from an accredited
college or university, or for maintaining State or Federal certificates that
require Continuing Education Hours.
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.
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Cost of Living Salary Increases as follows:
7-01-2003 No wage increase;
7-01-2004 2% wage increase (with reopener per section 21).
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Unit members who are laid off and decline the opportunity to bump or are not
eligible to bump will receive two months of regular wages upon layoff and have six
months of medical coverage at same level of employee contribution that was in
effect upon the day of layoff.
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where
extensive vehicle travel is required, a City vehicle should be provided and the auto
allowance will not be removed until the issue is reconciled with each affected
employee on an individual basis.
19.1 Conversion and Definition
Commencing with this MOU, all previously designated and vested sick and annual
leave shall be converted to a single, vested, annual leave program effective July 1,
2003, with sick leave being eliminated as a benefit for MAPS members thereafter.
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.
19.2 Maximum Accrual and Minimum Usage
There shall be a maximum accrual of 712 annual leave hours for MAPS members
in Group ll. Such members in Group II shall take at least eighty (80) hours of
accrued and vested annual leave per calendar year. If fewer than eighty (80)
hours of annual leave are taken, accrual of annual leave shall stop until the eighty
(80) hours minimum usage has been taken.
Commencing July 1, 2003, MAPS members with sick and vacation leave in excess
of the 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 June 30, 2006.
19.3 Annual Leave Cash-In
In July and December of each year, Professional and Management Unit members
in Group II shall have the option of converting accrued and vested annual leave
into cash. Such conversion may be for any amount of accrued and vested annual
leave hours, provided that such member has used the required minimum 80 hours
of annual leave or maintains a bank of annual leave hours adequate to be able to
use the required minimum number of hours of annual leave by the end of the
calendar year, as provided in 19.2.
The cash-in dates will be as follows:
July 25, 2003
December 12, 2003
July 23, 2004
December 10, 2004
July 22, 2005
December 9, 2005
19.4 Eligible To Use
Full-time Professional and Management Unit members in Group II shall be eligible
to use annual leave as it is accrued.
19.5 Accrual Rates for Employees Hired Before July 5 1981
Professional and Management Unit members in Group II hired before July 5, 1981
shall accrue and vest annual leave on a monthly basis in accordance with the
following schedule:
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YEARS OF SERVICE HOURS ACCRUED &
VESTED MONTHLY
O through 5 16
6 through 10 18
11 20.67
12 21.34
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
Professional and Management Unit members in Group II hired on or after July 5,
1981 shall accrue and vest annual leave on a monthly basis in accordance with
the following schedule:
YEARS OF HOURS ACCRUED
SERVICE &
VESTED MONTHLY
O through 5 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
The City of Palm Springs and the Professional and Management Unit members
have a vital interest in maintaining safe, healthful and efficient working conditions.
Being under the influence of a drug or alcohol on the job may pose serious safety
and health risks not only to the user but also to co-workers and the citizens of
Palm Springs. The possession, use or sale of an illegal drug or of alcohol on the
job also poses unacceptable risks for safe, healthful and efficient operations. "On
the job" means while on City premises, at work locations, or while on duty or being
compensated on an "on call status".
MAPS, City, and Professional and Management Unit members recognize that their
future is dependent on the physical and psychological well being of all employees.
MAPS, City, and Professional and Management Unit members mutually
acknowledge that a drug and alcohol-free work environment benefits employees
and citizens and members agree to comply with this policy at such time as a
mutually agreed upon employee assistance program is in place.
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
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.
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20.4
The supervisor, or designee, shall transport the suspected Professional and
Management member to the testing facility or shall call to the Police Station a
licensed phlebotomist who will draw blood samples, when a blood test is selected.
Urine samples shall be taken at the Police Station under supervision of the
Supervisor. Testing shall occur on City time and be paid for by the City.
Professional and Management member urine samples, or other body fluids, will be
collected in a DOX Security Container System or other system which includes
methods or mechanisms designed to assure the integrity of the sample. The
facility used for testing shall be certified by the National Institute of Drug Abuse
and comply with established guidelines for "chain of custody" to insure that identity
and integrity of the sample is preserved throughout the collecting, shipping, testing
and storage process.
20.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. Any Professional and Management member who tests positive on a
confirmatory test will be given the opportunity to discuss the results with a
physician to be designated by City. The employee should be prepared at that time
to show proof of any valid medical prescription for any detected substance or to
otherwise explain, if he or she so chooses, a positive test result.
20.6
While use of medically prescribed medications and drugs is not per se a violation
of this policy, this policy shall establish that no employee shall operate a City
vehicle or dangerous machinery or equipment while taking any kind of medication
or drugs which are clearly marked that they may cause significant drowsiness or
impair a Professional and Management member's performance. Such member
shall notify his/her supervisor, before beginning work, when taking such
medications or drugs. In the event there is a question regarding such member's
ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be
required. The City reserves the right to send such member home on sick leave
under these circumstances.
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
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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", an exemplar copy of which is
attached hereto as Exhibit "B".
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On the sixth (6) consecutive day that a Professional and Management Unit
member is required to perform duties out of his/her designated classification
("acting out of class") such member shall be entitled to additional compensation
equal to the lowest step on the range of the higher classification which will provide
an increase in pay of 5%, but not to exceed the top step of the classification for
which such member is performing acting out of class duties ("acting pay"). Such
acting pay shall be prospective only, commencing on the sixth (6) consecutive day
such member shall be acting out of class and continuing thereafter until such
member ceases performing acting out of class duties.
City agrees that if a member of the Professional and Management Unit is asked to
work more than 40 hours in a week, the liability for paid overtime or administrative
time off will be incurred. All requests for administrative time off will be honored in a
timely manner, either by granting the time off or by granting pay in lieu of time off.
Professional & Management Unit members shall be required to log time in and
time out. City reserves the right to use "flex time" to minimize work time in excess
of 40 hrs/week.
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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.
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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.
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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.
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.
29.1 Waiver of Further Bargaining
The terms agreed upon by the MOU shall take effect at the time specified herein
upon approval by Resolution of the City Council of the City of Palm Springs and
shall remain in full force and effect until midnight, June 30, 2005
29.2 2004-2005 Fiscal Year Wage Increase Reopener
In the event that any other City employee bargaining unit is given a wage increase
in excess of two percent (2%) for fiscal year 2004-2005, the City agrees to a
reopener with MAPS on its 2004-2005 two percent (2%) wage increase set forth in
section 16 of this MOU.
29.4 Pay for Performance Reopener
The City intends to form a committee to study the feasibility of, and means for
implementation of, a true pay for performance compensation plan. MAPS agrees
to participate in the committee to be formed by the City. If by the second year of
this MOU the City is prepared to implement a new pay for performance pay, then
MAPS agrees to a reopener regarding the implementation of such pay for
performance plan.
29.5 Health Plan Change
MAPS agrees to meet and confer with the City regarding changing health plans for
mutually beneficial plan cost savings for equal or better benefits.
MUNICIPAL EMPLOYEE RELATIONS MANAGEMENT ASSOCIATION PALM
REPRESENTATIVE . SPRINGS REPRESENTATIVE
Date:
By By
City Manager Labor Representative
By By
Human Resources Director Association President
By
Assistant City Manager
By
Finance Director
By
Deputy City Attorney, Labor& Employment