City of Culver City, California
City Council Agenda Item Report
C11-1
RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving a five (5) year
Memorandum of Understanding (MOU) with the Culver City Management Group for
the period of October 1, 2005 through September 30, 2010 and Rescind Resolution
No 99-R090.
BACKGROUND
The previous MOU with the Culver City Employees Association expired on
September 30, 2005. After fifteen (15) months of negotiations, the City and the
Culver City Management Group have reached an agreement resulting in a five (5)
year contract retroactive to October 1, 2005.
DISCUSSION
The MOU that is being presented to the City Council for adoption contains the
following essential changes, all of which are contained within the attached master
revised contract:
(1) Effective October 1, 2005, a 4% annual salary adjustment over the term of
the contract.
(2) Effective January 1, 2007, the City shall contract with CalPERS for the Single
Highest Year retirement benefit for all eligible unit employees. All unit
employees shall pay an additional 1% of the employee contribution rate to
assist with the funding of this new benefit.
Meeting Date: 10/23/06 Item Number: C-11
AGENDA ITEM: A Resolution to Adopt a Five (5) Year Memorandum of
Understanding with the Culver City Management Group for the Period of October
1, 2005 through September 30, 2010 and Rescind Resolution No 99-R090
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No []
Public Hearing: [] Action Item: [] Attachments: [x]
Public Notification: Master Notification List, and the Culver City Management Group on
October 20, 2006
Department Approval:
Serena Wright (10/20/2006)
City Manager Approval:
Martin R. Cole (10/20/2006)
City Controller Approval:
Mary V. Noller (10/20/2006)City of Culver City, California
City Council Agenda Item Report
C11-2
(3) Effective October 1, 2007, all eligible unit employees shall receive Longevity
Pay as follows:
15 years of service = $100/mo
20 years of service = $200/mo
25 years of service = $250/mo
(4) Effective July 1, 2007, Annual Physical Well-Being pay shall increase from
$400 to $450.
(5) Effective July 1, 2008, Annual Physical Well-Being pay shall increase from
$450 to $500.
(6) Effective January 1, 2007, all unit employees that retire after December 31,
2006, shall pay five percent (5%) of their monthly medical premiums. The five
percent (5%) monthly medical premium contribution shall be waived for
current retirees and active employees who retire on or before December 31,
2006.
(7) All unit employees who are hired on or after January 1, 2007 shall complete a
minimum of five (5) years of paid service time with the City of Culver City in
order to be eligible to participate in the City’s retiree medical insurance plan
upon their retirement from the City of Culver City.
FISCAL ANALYSIS
The net increased cost for the five year period of the MOU is within the fiscal
parameters established by the City Council.
The City Controller has reviewed and approved this fiscal analysis.
ATTACHMENTS
1. Resolution with Master Memorandum of Understanding
MOTION
That the City Council:
Adopt the Resolution approving a five (5) year Memorandum of Understanding
between the City and the Culver City Management Group for the period of
October 1, 2005 through September 30, 2010 and Rescind Resolution No 99-
R090.
MEETING DATE: October 23, 2006
AGENDA ITEM: A Resolution to Adopt a Five (5) Year Memorandum of
Understanding with the Culver City Management Group for the Period of
October 1, 2005 through September 30, 2010 and Rescind Resolution No 99-
R090
ATTACHMENTS
Pages
I. Resolution
1-58RESOLUTION NO. 2006-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING
WITH THE CULVER CITY MANAGEMENT GROUP
AND RESCINDING RESOLUTION NO. 99-R090.
WHEREAS, the Culver City Management Group employee
representatives and City representatives have met and conferred and executed a
"Master" Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE AS FOLLOWS:
1. The Master Memorandum of Understanding, a copy of which is
attached hereto and made a part hereof, is hereby approved for the period October 1,
2005, through September 30, 2010.
2. The City Treasurer and the City Manager are hereby authorized to
adjust the budget and the records of employees necessary to pay the salaries and
costs related to the terms of the approved Master Memorandum of Understanding.
•••
•••|101010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
283. Resolution No. 99-R090 is hereby rescinded.
APPROVED and ADOPTED this day of 2006.
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk
A06-00665|101010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
CAROL A. SCHWAB, City AttorneyMASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY MANAGEMENT GROUP EMPLOYEES
(CCMG)
October 1, 2005 to September 30, 2010
3TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights 3
ARTICLE TWO Salaries and Compensation 7
ARTICLE THREE Work Periods, Schedules and Overtime 14
ARTICLE FOUR Supplemental Benefits 16
ARTICLE FIVE Leaves of Absence 28
ARTICLE SIX Working Conditions 51
ARTICLE SEVEN General Provisions 53
PARTIES TO THE AGREEMENT 57
APPENDIX "A" Management Classifications 58
INDEX 61
CCMG MOU 2005 -2010
Page 2
CCMG CITYARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
CULVER CITY MANAGEMENT GROUP EMPLOYEES (CCMG)
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU" is made by
and between the City of Culver City, California, hereinafter called the "City", and
Culver City Management Group Employees, hereinafter called "CCMG",
representing the full-time, non-safety general management employees. This
MOU is made pursuant to the California Government Code Section 3500, et seq.
II. RECOGNITION
A. FULL-TIME GENERAL MANAGEMENT EMPLOYEES
The City hereby recognizes the Culver City Management Group as the
exclusive representative of the full-time, non-safety general management
employee classifications of the City, as set forth in Appendix "A," as
amended, and attached hereto, pursuant to the City's Employer-Employee
Relations Resolution No. CS-7938 as amended.
III. NONDISCRIMINATION
A. POLICY
No unit employee shall be subject to discrimination which is prohibited by
applicable federal, state or local law. In accordance with this policy, the
City agrees that no employee shall be interfered with, intimidated,
restrained, coerced, employed, promoted, demoted, discharged or in any
way favored or discriminated against because of political opinions or
affiliations, race, religious belief, age, sex, sexual orientation, gender
orientation, physical or mental disability, or because of the exercise of
his/her rights under this MOU.
GCMG MOU 2005-2010 Page 3 CCMG CITYARTICLE ONE
B. CCMG AGREES NOT TO DISCRIMINATE
In accordance with the above policy, CCMG agrees not to discriminate
against a unit employee because of the exercise of his or her rights
granted under this MOU or with respect to admission to membership and
the rights of membership in GCMG for any of the above enumerated
reasons.
IV. DUES / INSURANCE CHECK-OFF •
The City shall, on behalf of GCMG:
A. DUES DEDUCTION
1. Provide official payroll deductions for CCMG dues, and approved
insurance plans, to be deducted bi-weekly by the City from the
salary of each unit employee who has filed a written authorization,
on the appropriate City form, that such deduction be made.
2. Permit a unit employee to cancel a dues deduction, at any time by
filing a written authorization on the appropriate City form, that such
deduction be discontinued.
3. Provide assistance to CCMG by identifying newly hired unit
employees in the representation unit.
4. Inform all new hires in the representation unit that CCMG is the
employee organization designated as the representative of the
employees in the unit.
B. INSURANCE DEDUCTION
Changes in the amount to be deducted for insurance plans may only be
made during open enrollment periods.
V. INDEMNIFICATION
CCMG agrees to indemnify and hold harmless the City against all claims
including costs of suit and reasonable attorney fees and/or other forms of
liability arising from the provisions of Article One, Section IV of this MOU.
CCMG MOU 2005 -2010 Page 4 CCMG CITYARTICLE ONE
VI. RIGHTS
A. EMPLOYEE RIGHTS
1. Unit employees of the City shall have the right to form, join, and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of
employer-employee relations including but not limited to wages,
hours, and other terms and conditions of employment.
2. Unit employees also shall have the right to refuse to join or
participate in the activities of employee organizations, subject to
provisions of law.
3. No unit employee shall be interfered with, intimidated, restrained,
coerced, or discriminated against by the City or by any employee
organization because of the exercise of these rights.
B. CITY'S RIGHTS
Subject to law, the City reserves the right to make the final determination,
as to all matters which are necessary to manage, control and administer
the City's operations including, but not limited to:
1. Determining the mission of the City's constituent departments,
commissions and boards;
2. Setting standards of service;
3. Determining the procedures and standards of selection for
employment and promotions, directing employees, and taking
disciplinary action;
4. Relieving employees from duty because of lack of work or other
legitimate reasons, maintaining the efficiency of governmental
operations;
5. Determining the methods, means and personnel by which
governmental operations are to be conducted;
6. Determining content of job classifications;
7. Taking all necessary actions to carry out the City's mission in
emergencies;|1010|CCMG MOU 2005 -2010 Page 5 CCMG CITYARTICLE ONE
8. Exercising control and discretion over the City's organization and
the technology of performing its work;
9. Regulating the use of all equipment and other property of the City;
10. Establishing, altering or disposing of operations, departments,
commissions or boards;
11. Determining the work to be contracted out;
12. Determining the complement of employees needed or assigned to
a particular function or work location;
13. Establishing and modifying employee staffing levels including any
impacts resulting from changes to staffing changes;
14. Establishing, changing and/or modifying work schedules for
employees after meeting and conferring over significant impacts;
and
15. Performing all other functions not specifically delegated to
employees elsewhere in this MOU.
GCMG MOU 2005 -2010 Page 6 GCMG
CITYARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY ADJUSTMENTS - October 1, 2005 through September 30,
2006
Effective on the first day of the pay period which includes October 1,
2005,
all classifications in the unit shall receive a retroactive four percent
(4%) salary adjustment above their classifications current assigned salary
range which was in effect in the Salary Schedule on September 30, 2005.
B. SALARY ADJUSTMENTS - October 1, 2006 through September 30,
2007
Effective on the first day of the pay period which includes October 1,
2006, all classifications in the unit shall receive a four percent (4%) salary
adjustment above their classifications current assigned salary range which
was in effect in the Salary Schedule on September 30, 2006.
C. SALARY ADJUSTMENTS - October 1, 2007 through September 30,
2008
Effective on the first day of the pay period which includes October 1,
2007, all classifications in the unit shall receive a four percent (4%) salary
adjustment above their classifications current assigned salary range which
was in effect in the Salary Schedule on September 30, 2007.
D. SALARY ADJUSTMENTS - October 1, 2008 through September 30,
2009
Effective on the first day of the pay period which includes October 1,
2008, all classifications in the unit shall receive a four percent (4%) salary
adjustment above their classifications current assigned salary range which
was in effect in the Salary Schedule on September 30, 2008.
E. SALARY ADJUSTMENTS - October 1, 2009 through September 30,
2010
Effective on the first day of the pay period which includes October 1,
200, all classifications in the unit shall receive a four percent (4%) salary
CCMG MOU 2005 -2010
Page 7
CCMG CITYARTICLE TWO
adjustment above their classifications current assigned salary range which
was in effect in the Salary Schedule on September 30, 2008.
II. EQUIVALENT BIWEEKLY, MONTHLY AND ANNUAL RATE
1. Equivalent biweekly pay rate shall be determined by multiplying the hourly
rate by eighty (80) hours.
2. Equivalent annual pay rate shall be determined by multiplying the hourly
rate by two thousand and eighty (2080) hours.
3. Equivalent monthly pay rate shall be determined by dividing the annual
rate by twelve (12) months.
III. FREQUENCY OF PAYCHECK ISSUANCE
Current unit employees shall be paid bi-weekly, once every two (2) weeks, either
by paycheck or by direct deposit, as elected by the employee.
IV. VOLUNTARY 457 DEFERRED COMPENSATION PLAN
A. VOLUNTARY 457 DEFERRED COMPENSATION PLAN
1. City agrees to provide a deferred compensation plan for unit
employees covered herein pursuant to IRS Code Section 457.
2. Plan specifications and details are determined pursuant to IRS
Code Section 457 and the organizations providing the investment
and savings program for such deferred compensation.
3. Plan documents and participation rules under Section 457 are
maintained by and available from the Personnel Department.
B. CITY CONTRIBUTION TO DEFERRED COMPENSATION
1. The City's maximum contribution to deferred compensation shall be
one hundred forty two dollars and twenty five cents ($142.25) per
pay period effective the pay period commencing June 7, 2002.
2. The maximum City contribution shall only be paid to Management
employees contributing a minimum of seventy six dollars and
twenty five cents ($76.25) per pay period.
CCMG MOU 2005 -2010 Page 8 CCMG CITYARTICLE TWO
3. The City will contribute a dollar per dollar match for Management
employees that contribute less than seventy six dollars and twenty
five cents ($76.25) per pay period.
4. The deferred compensation plan is a benefit, and as such the
contribution by the City on behalf of the unit employee shall not
change the employee's salary classification range.
5. Unit employees may, at their option, contribute in excess of the
City's matching contribution per pay period to the plan.
C. CONVERSION OF FLOATING HOLIDAY HOURS
1. The City will permit unit employees to convert the dollar value of
excess accruals of floating holiday hours or vacation time, which
would otherwise be paid to the employee in his/her paycheck, to
prospectively defer such excess accruals to his/her deferred
compensation account, or upon receiving a new bank of Floating
Holiday time each October, direct the dollar value of that bank to
deferred compensation.
2. The Personnel Department will assist employees in calculating and
arranging such deferrals.
D. CHANGING YOUR CONTRIBUTION
1. Unit employees may reduce the amount of their bi-weekly deferred
compensation contribution at any time with a minimum of two (2)
weeks advance written notice on the appropriate form to the
Personnel Department.
2. Unit employees may increase the amount of their bi-weekly
deferred compensation contribution during quarterly open
enrollment.
E. LIMITATIONS
1. The City does not warrant that amounts deposited in the deferred
compensation plans are "qualified" for tax deferral and is not to be
held liable for such tax payments as may be determined
assessable.
2. The City retains the right to change plan administrators and
investment vehicles to preserve the integrity of deposited assets,
\b
CCMG MOLI 2005 -2010 Page 9 CCMG CITYYea.e.
Continuous
S •OVIce: .
15 $100 per month $46.16 per pay period
20 $200 per month $92.31 per pay period
25 $250 per month $115.39 per pay period
ARTICLE TWO
but will discuss proposed changes with affected employee
organizations prior to making the change.
3. If more than one (1) plan is offered, unit employees shall be limited
to participation in one (1) plan at a time.
V. LONGEVITY PAY
A. PURPOSE
In recognition of continuous full-time employment, excluding unpaid
breaks in service, by Management employees to the City of Culver City,
the City shall provide Longevity Pay in certain on-going compensation
amounts and service time as follows:
B. COMPENSATION
C. EFFECTIVE DATE
Effective October 1, 2007, employees shall receive the above Longevity
Pay effective the first pay period following the date of completion of the
years of continuous service required.
D. LIMITATIONS
Longevity Pay shall be awarded only for the highest level of continuous
service achieved as specified in the above section.
VI. ACTING PAY
A. ELIGIBILITY
1. Any unit employee who is required to, and does act and perform
duties included within a higher classification and which are broader
than the specificatitins governing such employee's position shall be
eligible for acting pay upon written approval by Department Head
and the Personnel Employee Relations Director.
CCMG MOU 2005 -2010 Page 10 CCMG
CITY
•ARTICLE TWO
2. To be eligible, the unit employee must have actually worked in the
acting higher classification a minimum of eighty (80) consecutive
scheduled working hours, including official paid holidays, but not
floating holidays.
B. COMPENSATION
1. A unit employee approved for acting pay:
• Shall be paid the hourly rate for the acting classification which is
a minimum of five percent (5%) above the current base salary of
the employee's permanent position, or "A" Step of the acting
classification whichever is greater; and
• Shall in no instance be entitled to be paid more than Step E of
the acting classification.
2. During that period of acting service a unit employee:
• Shall be paid at the acting pay rate when off on an official City
holiday or sick leave, and
• Shall not be paid at the acting pay rate when off on
administrative leave, emergency leave, floating holiday, or
vacation time, except as further authorized in sub-section 3
below.
3. When a unit employee has worked in one (1) continuous acting
assignment in excess of ninety (90) days, he/she shall receive the
acting pay rate for vacation, floating holiday or other paid leaves
taken on the 91 st day and thereafter.
4. Unit employees receiving acting pay as set forth above:
• Shall continue to receive the benefits associated his/her
permanent position; and
• Shall not receive the benefits associated with the acting
position.
C. LIMITATIONS
1. The City strongly encourages departments not to use acting pay for
long-term assignments and to fill vacancies as soon as practicable.
2. Pursuant to Administrative Policy, "domino" assignments, in which
two (2) or more employees are assigned acting assignments, may
not be approved.
3. Department and division heads are required to minimize "domino"
assignments by filling the actual vacancy only.
CCMG MOU 2005 -2010 Page 11 CCMG CiTYARTICLE TWO
4. Department and division heads may also absorb an absent
manager's functions laterally or upward in the organization thereby
eliminating the need for acting pay.
5. Vacant positions created by acting assignments shall not be
deemed vacancies for the purposes of this provision.
VII. SPECIAL COMPENSATION PAY
A. PURPOSE
An employee may be assigned additional duties beyond the scope of the
employee's regular classification when operational conditions necessitate
prioritizing these duties as an essential function of the division and/or
department and the qualifications and skill level of the employee are
appropriate to fulfill the duties.
1. Such additional pay shall not be considered a promotion, and may
be reduced or removed without cause, notice or appeal rights.
2. No person shall receive both special compensation and acting pay
as set forth in respective MOUs.
3. Special Compensation is not an assignment to a vacant, higher
level position, but is an assignment of duties that are added to
current classification/position duties.
4. Special Compensation is temporary in nature.
5. Special Compensation is distinct from assignment of collateral
duties in that the duties for which the employee receives special
compensation are of a higher or more complex nature than the
employee's permanent classification.
B. ELIGIBILITY
Special compensation shall only be given when an employee is assigned
higher level duties that are in excess of eighty (80) consecutive hours.
Employees shall be precluded from receiving special compensation while
on any type of leave of absence.
C. PROCESS
1. The City Manager may approve special pay commensurate with the
additional duties, while such duties are assigned, for up to six (6)
CCMG MOU 2005 -2010 Page 12 GCMG ARTICLE TWO
months. Such special pay may be an amount not to exceed 10% of
the employee's regular base pay.
2. If at the end of six (6) months the department needs an extension
of special compensation, the request shall be submitted to the City
Manager in writing, who may then renew the special compensation
for another six (6) months. By the end of the extension period the
department must determine the long-term nature of the additional
duties and operational needs; only one renewal period is allowed.
3. By the end of the first or second six (6) month period, the
department must cease the situation leading to special
compensation, request a permanent reclassification, or make other
such personnel or operational changes that will absorb the
additional duties. The additional duties must cease at the same
time as the special compensation ceases.
GCMG MOU 2005 -2010
Page 13
CCMG CITYARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. EXEMPT FROM OVERTIME
1. AU Management positions covered herein are considered exempt from the
overtime provisions of the Fair Labor Standards Act (FLSA).
The Management Group understands and agrees it is the nature of
Management work assignments that some incidental overtime may be
periodically required to accomplish City functions.
II. WORK SCHEDULES
A. CITY WORK SCHEDULES
The city may establish work schedules for unit employees according to the
Civil Service Rules. City work schedules shall be as herein defined,
except as otherwise provided for in this agreement:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a
forty (40) hour week schedule consisting of five (5) eight (8) paid
work hour days in seven (7) consecutive calendar day period,
exclusive of any meal periods assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of an
eighty (80) work hour two (2) week schedule consisting of eight (8)
nine (9) hour days and one (1) eight (8) hour working day in a
eighty (80) work hour work period in fourteen (14) consecutive
calendar days. This schedule shall be divided into two (2) forty (40)
work hour work period segments exclusive of any meal periods as
assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a
forty (40) work hour week schedule consisting of four (4) ten (10)
paid work hour days in a seven (7) consecutive calendar day period
exclusive of any meal periods.
CCMG MOU 2005 -2010 Page 14 CCMG CITYARTICLE THREE
B. ADJUSTING WORK SCHEDULES
Management employees may adjust their work schedule as approved by
their Department Head or designee.
CCMG MOU 2005 -2010 Page 15 CCMG CITYARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. RETIREMENT
A. PERS RETIREMENT BENEFITS
The City agrees to provide retirement benefits to eligible unit employees
under the California Public Employees' Retirement System (PERS) as
follows:
.0 .6V1 1 .0 -NiVieNt:::•: .
„.:.......,.....:.........:........,.„:: :.i.:,...„.......„.........„...„,
zoce.SRPMN:::::::::::::
• •••••• ••••••••••-••••••••••-•-----------
20037
_,,...............:
BENEFIT:
For unit employees that retire on or before
December 31, 2006'
Three-year Final Compensation: Final compensation is the
average full-time monthly pay rate for the highest thirty-six
(36) consecutive months; the City also coordinates with
Social Security, therefore the final compensation will be
reduced by $133.33.
20042 For unit employees that retire on or after
January 1, 2007:
One-Year Final Compensation: Final compensation is the
average full-time monthly pay rate for the highest twelve
(12) consecutive months; the City also coordinates with
Social Security, therefore the final compensation will be
reduced by $133.33.
20055 Prior Service Credit: Unit employees may be eligible to
purchase prior service credit.
20124 Military Service Credit: Unit employees may elect to
purchase up to four (4) years of service credit.
21329 Two percent (2%) COLA: Beginning the 2
nd
calendar year
after the year of retirement, retirement and survivor
allowances will be adjusted annually on a compound basis
of two percent (2%); the adjustment may not be greater
than the change in the CPI.
21354.4 2.5% at Age 55: Base retirement plan of two and one-half
percent (2.5%) at age 55 for all eligible unit employees.
CCMG MOU 2005 -2010
Page 16
CCMG CITYARTICLE FOUR
21548 Pre-retirement Option 2: Upon the death of a member
who was eligible to retire, the spouse may receive an
allowance equal to the amount the member would have
received if the member had retired for service retirement
on the date of death and elected Option 2W.
21551 Death Benefit Continues: Provides that death benefits paid
to a spouse of a member who died prior to retirement will
continue in full should the spouse remarry.
21620 Retired Death Benefit of $500: Upon the death of a retiree,
a one-time lump sum payment of five-hundred dollars
($500) will be paid to the retiree's designated survivor(s),
or to the retiree's estate.
B. COST SHARING PLAN, tiiI4OUG1f•DECEMBElif 3t 2006, FOR THE
PERS 2.5% AT AGE 55 RETIREMENT BENEFIT
1. The PERS employee contribution of eight percent (8%) is
established by State legislation.
2. In order to help fund the additional cost incurred by the City through
the adoption of the PERS two and one-half percent (2.5%) at age
55 for all eligible unit employees:
• Each unit employee shall continue to pay one percent (1%) of
the eight percent (8%) PERS employee contribution rate
through bi-weekly payroll deduction, and
• The City shall continue to pay the remaining seven percent
(7%) of the PERS employee contribution rate,
3. The eight percent (8%) PERS employee contribution rate is non-
PERSable.
4. The City continues to pay all other PERS costs related to PERS
benefits provided by the City.
5. The City does not warrant that this contribution is "qualified" for tax
deferral and is not to be held liable for such tax payments as may
be determined assessable.
6. This cost sharing agreement between the City and CCMG, for the
PERS 2.5% @ 55 retirement benefit, shall not prejudice either party
regarding any current legal action taken by either party related to
Employer Paid Member Contributions (EPMC).
\R)
CCMG MOU 2005 -2010 Page 17 CCIVIG
CITYARTICLE FOUR
C. COST SHARING PLAN, EFFECTIVE JANUARY
2.5% AT AGE 55 AND ONE-YEAR FINAL
RETIREMENT BENEFITS
1. The PERS employee contribution of eight
established by State legislation.
percent (8%) is
2007, FOR PERS
COMPENSATION
2. In order to help fund the additional cost incurred by the City due to
the adoption of the PERS two and one-half percent, 2.5% at Age 55
and One-year Final Compensation retirement benefits for all eligible
unit employees, each unit employee shall pay two percent (2%) of
the eight percent (8%) PERS employee contribution rate through a
bi-weekly payroll deduction.
3. The City shall pay the remaining six percent (6%) of the PERS
employee contribution rate. The eight percent (8%) PERS
employee contribution rate is non-PERSable.
4. It is understood that the two percent (2%) cost paid by each unit
employee represents twenty-five percent (25%) of the PERS
employee contribution rate of eight percent (8%).
5. All unit employees will continue to pay two percent (2%) of the eight
percent (8%) PERS employee contribution rate as long as the City
provides the two and one-half percent, 2.5% at Age 55 and One-
Year Final Compensation retirement benefits.
6. The City continues to pay all other PERS costs related to PERS
benefits provided by the City.
7 The City does not warrant that this contribution is "qualified" for tax
deferral and is not to be held liable for such tax payments as may
be determined assessable.
8. This cost sharing agreement between the City and CCMG, for the
PERS 2.5% @ 55 retirement and one-year final compensation
benefits, shall not prejudice either party regarding any current legal
action taken by either party related to Employer Paid Member
Contributions (EPMC).
CCMG MOU 2005 -2010 Page 18 CCMG CITYARTICLE FOUR
IL MEDICAL INSURANCE
A. MEDICAL INSURANCE — PERS MEDICAL PLANS
The City will provide unit employees, their eligible dependents, and
retirees and their eligible dependents with medical insurance provided
through the California Public Employees Retirement System under the
Medical and Hospital Care Act (PEHMCA).
B. JOINT LABOR / MANAGEMENT HEALTH BENEFITS STUDY
COMMITTEE
1. PURPOSE OF COMMITTEE AND STUDY
The City and the CCMG agree to participate in a Joint
Labor/Management Health Benefit Committee which will study the
feasibility of withdrawing from the PERS Health Care Plan and
participating in other employee medical benefit plans.
2. MUTUAL AGREEMENT IN WRITING
The City and the GCMG must mutually agree in writing to change
from CalPERS Health Care to another health care plan.
C. MEDICAL INSURANCE PREMIUMS — ACTIVE AND RETIRED
EMPLOYEES —THROUGH DECEMBER 31, 2006
Effective hiTap4h December 31, 2006, the City contribution for medical
insurance provided through the PERS Health plan shall be set at an
amount equal to Kaiser South rates (Employee/retiree, Employee/Retiree
and Spouse, and Employee/retiree and Family, as applicable) plus fifty
percent (50%) of the difference between Kaiser South rates and the most
expensive plan rates. At all times during the term of this agreement, the
City's contribution for medical insurance shall be sufficient to cover
PERSChoice rates. Unit employees and retirees selecting plans with
premiums in excess of the City contribution shall be responsible for the
remaining premium difference.
7,P
CCMG MOU 2005 -2010 Page 19 CCMG
CITYARTICLE FOUR
D. MEDICAL INSURANCE PREMIUMS — ACTIVE AND FUTURE RETIRED
EMPLOYEES - EFFECTIVE JANUARY 1, 2007
Effective with the pay period that Includes January I, 2007, the City's
monthly contribution for medical insurance provided through the PERS
Health plan, for active employees and employees that retire on or after
January 1, 2007, shall be as follows:
All plans except PERSCare:
• City shall pay ninety-five percent
(95%) of the monthly medical plan
premium; and
• Employees and retirees shall pay
five percent (5%) of the monthly
medical plan premium.
PERSCare Plan:
• City shall pay seventy percent
(70%) of the monthly PERSCare
premium; and
• Employee and retirees shall pay
thirty percent (30%) of the
monthly PERSCare premium.
E. ELIGIBILITY FOR RETIREE MEDICAL INSURANCE
All unit employees who are hired on or after January 1, 2007, or as
permitted by law, shall complete a minimum of five (5) years,
equivalent to a minimum of ten-thousand four hundred (10,400) hours,
of paid service time with the City of Culver City to be eligible to
participate in the City's retiree medical insurance plan upon their
retirement from the City of Culver City.
F. ELIGIBILITY FOR RETIREE MEDICAL INSURANCE SHOULD THE
CITY CEASE PARTICIPATION IN THE PERS HEALTH PLANS
Should the City cease participation in the PERS Health Plans, the City
agrees to provide health insurance for retirees and eligible spouses in the
following manner:
1. The City will include then-current retirees in the group coverage
offered to unit employees and continue premium payment at the
same levels as provided under the PERS plans.
2. After the date of conversion to a new insurance provider, future
retirees will be provided medical insurance as follows:
a) Only those employees retiring after twenty-five (25) or more
years of service, or those retiring with fifteen (15) or more
years of service and who have reached their fifty-fifth (55th)
birthday, shall be eligible for continued coverage under the
City's plan.
CCMG MOU 2005 -2010
Page 20
GCMG
CITYARTICLE FOUR
b) The City will pay the premium for retiree, eligible spouse or
registered domestic partner as defined by law, until such
time as the retiree, and/or eligible spouse or registered
domestic partner, reaches the age of sixty five (65), or
becomes eligible for Medicare or a similar program, or has
deceased. If either the retiree, eligible spouse or registered
domestic partner becomes ineligible under these terms, the
City contribution shall cease in regard to that individual, and
participation in any City-sponsored health plan shall be
terminated.
c) "Spouse" shall include a person joined by marriage after the
date of the employee's retirement.
3. Retired unit employees may be eligible for continuation in the group
plan under Federal law. In the event the retiree is not eligible as
described above, he/she may be responsible for the premium for
voluntary continuation. Employees/retirees should consult with the
Personnel Department for more information.
4. Retiree medical insurance is not intended to apply to any unit
employee whose employment is terminated for any reason other
than to retire for service or disability retirement as of the effective
date of his/her termination.
5. Coverage for a spouse or registered domestic partner of a unit
employee who dies prior to retirement shall be dependent upon the
spouse's election under Optional Settlement 2 Death Benefits. If
the unit employee was eligible to retire, and the spouse or
registered domestic partner elects a monthly beneficiary payment
equivalent to what the unit employee would have received, he/she
may be eligible for retirement medical insurance if the unit
employee would otherwise have qualified under this section.
III. MEDICAL INSURANCE PREMIUMS — OPT-OUT/CASH OUT OPTION (NON-
PERSABLE)
Unit employees may elect to discontinue participation in, "opt out," of the PERS
Health Plan medical insurance coverage. The intent of this provision is to share
premium savings that the City will incur as a result of a unit employee canceling
City coverage.
CCMG MOU 2005 -2010 Page 21 CCMG CITYARTICLE FOUR
A. EMPLOYEE SPOUSES / DEPENDENTS NOT ELIGIBLE FOR OPT
OUT
1. For medical, dental and vision insurance plans, when a unit
employee is the spouse of another benefited City employee, the
affected employees shall have the option of:
• Individual coverage; or
• One (1) employee may select a plan and list the spouse as a
dependent.
2. A unit employee who is covered as the dependent of a City
employee in the City plan is not eligible for "opt-out" compensation
3. Unit employees may not both insure each other or the same
dependents.
4. Electing to be covered as the dependent of a City employee in the
City plan is not "opting-out," as the City would continue to pay the
premium for the employee as a dependent.
B. PROOF OF COVERAGE / WAIVE CITY LIABILITY
Unit employees electing to cancel City medical insurance coverage for
themselves and all eligible family members • must provide proof of
coverage through another (non-City) benefit plan (e.g., spouse's coverage
through another employer), and must waive any liability to the City for their
decision to cease coverage under the City's medical insurance plan.
C. OPT-OUT CASH VALUE (NON PERSABLE)
1. Unit employee's electing to opt out will receive the cash value of the
single party rate applicable to the plan he/she was enrolled in
immediately prior to "opting-out," which will be added to the first
paycheck of the month and is non-PERSable compensation.
2. If, for any reason, PERS determines that unit employees may not
"opt out", this program becomes null and void.
D. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
1. After electing this provision, a unit employee who later requests to
re-enroll under the City plan can only do so during the open
enrollment period or after a qualifying event (proof of loss of
coverage by the non-City plan). Coverage will commence per the
plan document.
CCMG MOU 2005 -2010 Page 22 CCMG
CITYARTICLE FOUR
2. A qualifying event shall be defined as set forth in the PERS medical
plan, a copy of which is available to unit employees in the
Personnel Department.
IV. DENTAL INSURANCE
The City will pay the full monthly premium for dental insurance for unit employees
and eligible dependents.
V. VISION CARE INSURANCE
The City will pay the full monthly premium for vision care insurance for
employees and eligible dependents.
VI. LIFE INSURANCE
The City will pay the full monthly premium for unit employees for Term Life
Insurance Group Coverage of $50,000, and Accidental Death and
Dismemberment (AD&D) Insurance.
VII. CITY RIGHTS — CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and
contractor(s) for dental, vision and life insurance plans, and any other
employee benefits except as otherwise provided for in this MOU.
2. The City agrees to consult with representatives of CCMG over any City-
proposed change in the benefit levels of dental, life or vision care
insurance during the term of this agreement.
3. It is understood that no significant changes in benefit levels will occur
without the agreement of CCMG.
VIII. IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT
A. PURPOSE
1. The City provides unit employees with a flexible spending account
for medical expenses and dependent care, as well as access to
voluntary insurance programs, pursuant to Section 125 of the
Internal Revenue Service Code (Section 125), as amended.
CCMG MOU 2005 -2010 Page 23 CCMG
CITYARTICLE FOUR
2. Pursuant to Section 125 unit employees may contribute pre-tax
earnings into these accounts.
3. The medical expense contribution may be used to pay excess
insurance premiums, or for reimbursement of medical expenses
such as deductibles, co-pays and expenses in excess of what
insurance covers.
B. MAXIMUM ANNUAL SECTION 125 CONTRIBUTION FOR MEDICAL
EXPENSE REIMBURSEMENT
1. The maximum annual amount an employee may contribute for
future medical expense reimbursement is five thousand dollars
($5,000) pursuant to Section 125, as amended.
2. The pre-tax funds can be withdrawn to reimburse actual medical
care expenses as they are incurred, not to exceed the maximum
annual contribution.
C. MAXIMUM ANNUAL SECTION 125 CONTRIBUTION FOR DEPENDENT
CARE REIMBURSEMENT
1. The maximum annual amount an employee may contribute for
dependent care reimbursement is five thousand dollars ($5,000)
pursuant to Section 125, as amended.
2. The pre-tax funds can be withdrawn to reimburse actual dependent
care expenses as they are incurred, not to exceed the maximum
annual contribution.
D. LIMITATIONS
1. Pursuant to Section 125, eligible reimbursable expenses must be
incurred within the calendar year, January 1 st through December
31st, and must be submitted for reimbursement no later than March
31 st of the following calendar year.
2. Pursuant to Section 125, receipts for eligible reimbursable
expenses incurred in the previous calendar year, January 1st
through December 31 st, which are submitted after March 31 st in the
following calendar year shall be forfeited.
3. There are other limitations and restrictions as set forth by the IRS.
CCMG MOU 2005 -2010 Page 24 CCMG CITYARTICLE FOUR
4. Unit employees should contact the Personnel Department for a
complete plan description, or for the phone number of the City's
Section 125 Plan Administrator.
IX. PHYSICAL WELL-BEING
A. PURPOSE
The parties agree that the physical well-being of an employee is a mutual
benefit to the City and the employee.
B. REIMBURSEMENT
1. Certain Management employees, as conditions of their
employment, are provided annual physical examinations at the
City's expense.
2. The City agrees to make available to each unit employee, by
means of reimbursement once each fiscal year, the following
amounts (non-PERSable):
Fiscal Year
(July i st June 30
Maximum
Amount
2005 —2006 $400
2006-2007 $400
2007 — 2008 $450
2008 — 2009 $500
2009 —2010 $500
3. The Physical Well-being benefit shall be used for one (1) or more of
the following purposes:
• Medical examination by the health provider of the employee's
choice.
• Membership in a health club or fitness center.
• Other formal wellness programs provided by professionals
(smoking cessation, weight control, nutrition, or similar
programs).
• Reimbursement for employee or eligible dependent medical
expenses (deductibles or co-payments) not covered by the
employee's health, dental or vision insurance.
4. Reimbursement to the unit employee for his/her expenditure for one
(1) or more of the above purposes shall be accomplished by
submitting eligible receipts once-a-year and a request for
reimbursement (Requisition) through the department head to the
Accounting Division.
GCMG MOU 2005 -2010 Page 25 GCMG CITYFiscal Year
t
JOIV. :1St:4; June 3O
:Benefit
•
:Amount
Maximum Amount
{Prior fiscal year carry-over plus
.
current fiscal
amount)
•
year benefit .
2005 — 2006 $400 $ 800 ($400 + $400)
2006 — 2007 $400 $ 800 ($400 + $400)
2007 — 2008 $450 $ 850 ($400 + $450)
2008 — 2009 $500 $ 950 ($450 + $500)
2009 2010 $500 $1,000 ($500 + $500)
ARTICLE FOUR
D. FUNDING / CARRY-OVER
1. Funding for this program will be carried in each department budget
in an amount sufficient to cover the number of eligible Management
employees within the department.
2. Unused funds may be carried over from one (1) fiscal year to the
next fiscal year only as set forth in the following table:
3. Each eligible unit employee and his/her department are responsible
for maintaining the records necessary to implement a carry-over.
X. UNIFORMS
1. Non-safety management employees engaged in supervision of
maintenance functions shall be provided vendor-supplied uniforms or
coveralls consistent with those supplied to their subordinates.
2. The value of uniform allowances or provisions shall be reported to PERS
as compensation as required by law.
Xl. SAFETY EQUIPMENT
The City will furnish and replace, as needed, all items of safety equipment which
the department head, subject to the approval of the City Manager, deems
necessary for an employee to perform safely the duties required of the
employee's classification.
XII. MILEAGE REIMBURSEMENT
The City agrees to provide mileage reimbursement to unit employees who use
their personal vehicles for City business, pursuant to Council Policy. The
reimbursement rate shall be the applicable IRS allowance rate.
CCMG MOU 2005 -2010 Page 26 CCMG C1TYARTICLE FOUR
XIII. MANAGEMENT CAR POOL
City agrees to provide a Car Pool in addition to the assigned City fleet.
Management employees may use the cars as needed to accomplish business
travel to meetings, training or related purposes. In the alternative, Management
employees required to drive personal vehicles may be reimbursed at the City's
current mileage rate.
XIV. TUITION REIMBURSEMENT
The City agrees to reimburse unit employees up to one hundred dollars ($100)
per applicable accredited college unit, plus the actual costs of books, registration
fees and parking permit fees, pursuant to Administrative Policy 11-08, as
amended or pursuant to subsequent amendments.
XV. JOB-RELATED TRAINING
1. The City will support job-related training, education and certification to
enhance the unit employees' ability to perform his/her job, and will
encourage unit employees to seek those opportunities.
2. Respective departments will budget funds for training and education
courses which may include certification costs.
3. Commercial Driver's licenses are the personal and financial responsibility
of the individual operator as a condition of employment.
4. The City may provide time and/or training to assist unit employees in
obtaining a commercial license if their job duties change and such license
becomes a requirement.
XVI. ON-DUTY DEATH/FUNERAL BENEFIT
1. In recognition of services rendered, should any unit employee covered by
this MOU die in the line of duty, the City will provide the family of the
employee a funeral benefit of seven thousand five-hundred dollars
($7,500).
2. This benefit shall be payable over and above any benefits payable through
PERS or Labor Code provisions.
3. Payment to the family shall be made as soon as possible, but in no event
later than fifteen (15) working days following the death.
ff)
CCMG MOU 2005 -2010 Page 27 CCMG
CITYARTICLE FIVE
ARTICLE FIVE
LEAVES OF ABSENCE
I. POLICY
It shall be the policy of the City to grant leaves of absence to permanent and
probationary unit employees for the purpose of rest and relaxation, and for
recuperation from illness, based on each unit employee's total length of service
with the City. Unit employees are expected to take advantage of the vacation
provisions afforded them in order to maintain their mental and physical health.
ACCUMULATION, USE AND REQUESTS FOR LEAVE
A. ACCUMULATION OF LEAVE
1. The unit employee's anniversary date (date of original benefited
employment adjusted for breaks in service) shall determine the
category of leave accumulation.
2. Unit employees shall continue to accumulate vacation and sick
leave when on authorized leave with pay of any kind.
B. USE OF LEAVE
1. Leave shall be taken in multiples of one half (1/2) hour.
2. Unit employees can take up to the total amount of accumulated
leave credit accruals.
3. Charges against floating holidays, vacation or sick leave credit
accruals shall be made for only regularly scheduled work day
hours.
4. No charge to accumulated accrual balances (i.e., floating holidays,
vacation, sick leave) shall be made when an official holiday occurs
during an authorized period of paid leave.
C. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave accrual
credit may be approved for use by the Department Head and the City
Manager.
CCMG MOU 2005-2010 Page 28 CCMG CITYARTICLE FIVE
D. REQUESTING LEAVE
1. Except as otherwise provided, no leave of absence with pay shall
be granted to any unit employee without the approval of the
Department Head or designee.
2. Whenever possible, unit employees shall file a request for a leave
of absence on a form provided by the appointing authority, and
shall receive written approval before taking such leave period.
3. When conditions prevent a prior request, the unit employee, upon
return from said leave, may be required to file a report explaining
the conditions which prevented a prior request.
E. FAILURE TO FILE A PRIOR REQUEST
Failure to file a prior request, in the absence of extenuating conditions,
shall be grounds for disciplinary action.
III. OFFICIAL PAID CITY HOLIDAYS
A. OFFICIAL PAID CITY HOLIDAYS
1. Official Paid City Holidays for unit employees shall be considered
eight (8) hours leave with pay.
2. Official City Paid Holidays for unit employees shall be as follows:
• New Year's Day (The first day of January)
• Martin Luther King Day (Third Monday in January)
• Memorial Day (Last Monday in May)
• Independence Day (The fourth day of July)
• Labor Day (First Monday in September)
• Thanksgiving Day (Fourth Thursday in November)
• Friday After Thanksgiving Day
• Christmas Day (Twenty-fifth day of December)
2. Any one-time special day designated by the President of the United
States or the Governor of California requiring the City offices
to close in recognition of a public feast, thanksgiving or holiday.
3. Any day authorized by the City Manager.
4. When an Official Holiday falls on a Saturday, the Friday
immediately preceding the Saturday shall be deemed to be the day
17')
of the Official Paid City Holiday.
CCMG MOU 2005 -2010 Page 29 GCMG
CITYARTICLE FIVE
5. When an Official Holiday falls on a Sunday, the Monday
immediately following the Sunday shall be deemed to be day of the
Official Paid City Holiday.
IV. FLOATING HOLIDAY LEAVE TIME
Unit employees shall also be eligible to receive forty (40) hours of paid Floating
Holiday leave time each October.
A. ELIGIBILITY FOR FLOATING HOLIDAY LEAVE
1 Unit employees on the payroll as of October 1 each calendar year,
shall receive a bank of forty (40) floating holiday hours which may
be utilized immediately on or after October 1 of each calendar year,
and will appear on the paycheck which includes the first full pay
period in October.
2 Unit employees hired after October 1st of the calendar year shall
receive pro-rated floating holiday leave time in proportion to the
time remaining within the respective calendar year calculated from
the first day of the month following the date of hire and September
30th of the following calendar year. Each full month is equal to 3.33
hours of floating holiday leave time based on a forty (40) hour
annual accrual.
3 Unit employees appointed to classifications covered by this MOU
after October 1 st of the calendar year shall receive Floating Holiday
leave upon appointment, prorated on the basis of the number of
months remaining in the twelve-month period (e.g., one half year
equals one-half credit) rounded to the nearest whole hour.
B. PAYOFF OF UNUSED FLOATING HOLIDAY LEAVE TIME
1. Floating Holiday hours unused as of September 30 L" of the calendar
year shall be paid to eligible unit employees, at their base hourly
rate which is/was in effect on October 1 st of the calendar year, on
the paycheck which includes October 1 of the calendar year.
2. Floating Holiday payoff, at the unit employee's discretion, may be:
• Deposited into the unit employee's deferred compensation
account by prior written notice through the Personnel
Department, or
• Donated to the City's Catastrophic Leave Bank.
3CCMG MOU 2005 -2010 Page 30 CCMG
CITYARTICLE FIVE
C. PAYOFF OF UNUSED FLOATING HOLIDAY LEAVE TIME UPON
TERMINATION/SEPARATION
Unused floating holiday leave time shall be paid to eligible unit employees
at their base hourly rate upon termination / separation.
V. OFFICIAL HOLIDAYS OCCURRING ON A SCHEDULED DAY OFF
A. PAYMENT OR CARRY-OVER WITHIN THE CURRENT FISCAL YEAR
Official Holidays occurring on a unit employee's regularly scheduled day
off may, at the unit employee's discretion, be:
• Paid to the unit employee in the same pay period; or
• Carried-over for use on another day no later than June 30 th of the
same fiscal year.
B. LIMITATIONS
1. Official Holidays carried over have no cash value, and therefore,
cannot be cashed out at a later date.
2. Unit employees must use official holiday time carried-over no later
than June 30 th of the same fiscal year or forfeit it effective July 1 st of
the next fiscal year ("use it by June 30 th or lose it").
VI. VACATION LEAVE
A. ELIGIBILITY FOR VACATION LEAVE
1. All unit employees shall be eligible for vacation leave after serving
twelve (12) months of employment with the City.
2. At the completion of the twelve (12) month period, the unit
employee shall be credited with vacation leave earned during the
prior twelve (12) month period, including time spent on provisional
or temporary appointments.
B. ACCRUAL OF VACATION LEAVE
1. Vacation hours shall accrue each pay period at one twenty-sixth
(1/26) of the annual accrual rate (i.e., annual accrual rate divided by
26).
CCMG MOU 2005 -2010
Page 31
CCMG CITYTABLE:;QPVAOATIOIst UEAVE::::ENEFITSI:fOR:
'FULC-171VIEUT41.tEMPLOYEES:
4 5 thru 14 is 'thro 20. 2 Year and:
Year Year Year thereafter
8 hours per year for
each year of service
80 hours 120 hours 160 hours
ARTICLE FIVE
2. Exceptions to the maximum allowable accruals may be granted by
the City Manager, or his/her designee, to meet exceptional
departmental staffing needs.
3. No vacation shall be authorized, for leave or payment, unless
accrued prior to the time for use or payment, except as authorized
by the City Manager.
C. TABLE OF VACATION LEAVE BENEFITS
1. The Table of Vacation Leave Benefits shown below sets forth in
detail the number of working-hours per year to which a full-time unit
employee is entitled as a vacation leave benefit.
2. The benefit shown in each category shall commence upon entering
the first day of the new category as follows:
D. ACCUMULATION OF VACATION LEAVE
1. Vacation time may be accumulated by unit employees to a
maximum of twice the annual accrual of vacation hours for which
the unit employee is eligible.
2. Once a unit employee has accrued the maximum amount of
vacation leave, no further vacation leave shall be accrued until the
unit employee's level of accrued vacation has been reduced to less
than the maximum. At that time, the unit employee shall again
begin accruing vacation but at no time may he/she accrue more
than the maximum allowed pursuant to this section.
fg)
CCMG MOU 2005 -2010 Page 32 CCMG
CITYARTICLE FIVE
E.
BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS — NON-
PERSABLE
Vacation time which accumulates in excess of the maximum allowed each
employee, shall be paid (non-PERSable) on the next regular bi-weekly
paycheck, thereby bringing the employee's vacation balance to no more
than the maximum allowable.
F. LIMITATIONS
Vacation shall not be used in lieu of accumulated sick leave or when sick
leave request is disapproved.
G. VACATION PAYOFF UPON TERMINATION NON-PERSABLE
1. Any unit employee who terminates employment shall be paid (non-
PERSable) for such vacation time accrued but unused as of the
date of the termination.
It shall not be necessary to carry such employee on the payroll for
the vacation period.
VII. SABBATICAL LEAVE
A. PURPOSE
The purpose of Sabbatical Leave is to provide unit employees with the
opportunity to participate in programs including but not limited to:
• Internships in conjunction with advanced degree programs;
• On-loan executive programs;
• Travel/study programs related to the employee's City
responsibilities;
• Directed research pursuant to a pre-approved outline and
submission of a report on a subject of benefit to the City/City
employees; and/or,
• Professional development or certification programs.
B. ELIGIBILITY FOR SABBATICAL LEAVE
The City will provide a paid sabbatical leave of absence for unit
employees under the following conditions:
• Unit employees must have ten (10) or more years of service with
Culver City.
2pc
CCMG MOU 2005 -2010 Page 33 CCMG CITYARTICLE FIVE
• Sabbatical Leave may be granted only once within a five (5) year
period, beginning with year eleven (11), and as of the fifth
anniversary thereafter (year 16, year 21, etc.).
• Sabbatical Leave time:
o Does not accrue,
o Is not eligible for conversion to cash value, and
o If not taken within an eligible five (5) year period is no longer
available.
C. TUITION / TRAINING EXPENSES
The City may provide tuition reimbursement or training expenses for
eligible programs, pursuant to Administrative Policy 11-08, as amended.
D. REQUEST FOR APPROVAL OF SABBATICAL LEAVE
1. A request for sabbatical leave must be submitted through the
appointing authority to the City Manager, who has sole discretion in
granting the leave request.
2. Approval of a sabbatical leave will be based upon:
• Submission of an outline of the proposed activity to be
undertaken and completed during the leave period, including
the purpose of the chosen activity and identification of the
benefit to the City; and,
• The ability of the City to continue the employee's job
functions in his/her absence, with approval of the employee's
appointing authority.
• If Sabbatical Leave is approved each participant will be
required to submit a report through his/her appointing
authority to the City Manager detailing or summarizing, as
appropriate, the program or activities attended and the value
gained, and will be required to share his/her experience as
training for other City employees within sixty (60) days after
his/her return to active duty.
E. LENGTH OF SABBATICAL LEAVE
1. A Sabbatical Leave of absence with pay may be authorized for up
to three (3) weeks, or one-hundred-twenty (120) hours.
2. A unit employee may request to take additional leave, using his/her
own accrued leaves, depending on the ability of the City to permit
additional absence from the City.
CCMG MOU 2005 -2010 Page 34 CCMG CITYoekly
accrual rate.
3.693 hours
(96 hrs / 26 pay
periods)
8 hours 96 hours
ARTICLE FIVE
3. To minimize disruption of City services, only one (1) Management
employee at a time may be on leave from a single department.
F. LIMITATIONS
If a unit employee voluntarily leaves City employment within six (6) months
after taking a paid sabbatical, he/she shall repay the City for all salary and
benefits paid during the leave.
VIII. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until a unit employee has completed three
(3) full months of service, including time spent on provisional or temporary
appointment.
B. ACCRUAL OF SICK LEAVE
1. Each full-time unit employee shall accrue sick leave each bi-weekly
pay period pro-rated on an annual basis and shall be credited as
follows:
C. PURPOSE, PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
1. Sick leave is intended for the illness or injury of a unit employee as
follows. With proper verification, sick leave may be allowed for:
• Personal illness or injury of the employee;
• Authorized emergency leave;
• Serious illness or injury of the employee's spouse, State
registered domestic partner, or child;
• Medical or dental appointments;
• Cases of quarantine; or
• Where exposure to contagious diseases would endanger the
health of other employees.
2. Sick leave may be taken in increments of one (1) hour or more.|10 10|CCMG MOU 2005 -2010
Page 35
CCMG
CITYSICK.teAVE:PAYOFF:AT
THREE HUNDREI, ANDtiGHTY.rouR384ympuRp.
B
-weekly
Accrual
Rate
Amount of Bi-weekly
Sick Leave Payoff
:.(Nrij•n:REReWale).
tck Leaver:AcCtttied:-:'.
3.693 384 hours 1.85 hrs X hourly rate 1.85 hours
hours
(1/2 [50%] of bi-weekly
accrual rate of 3.693
hours)
• The unit employee must maintain at least three hundred and eighty four
(384) hours of sick leave accruals.
• If the sick leave accrual balance falls below three hundred and eighty four
(384) hours at any time, the unit employee will become ineligible for any
unused sick leave payment until such time as her/her sick leave accruals
again exceed three hundred and eighty four (384) hours.
ARTICLE FIVE
3. Vacation time may not be used for disapproved sick leave.
4. The responsibility for proving the validity of a request for sick leave
shall be upon the unit employee.
5. The unit employee shall notify his immediate supervisor within one
(1) day of the beginning of sick leave, or pursuant to the rules of the
Department.
6. At the end of the second day of sick leave, Management or
designee may request verification to be made by a qualified person.|109| For absences of over two (2) days, a medical certificate from a
qualified physician, chiropractor or practitioner may be required.
8. Upon return to duty, the unit employee shall present evidence of
the necessity of sick leave, if so requested by Management or
designee.
D. BI-WEEKLY PAYOFF PLAN: UNUSED SICK LEAVE ACCRUAL (NON-
PERSABLE)
1. When an employee shall have accumulated three hundred and
eighty-four hours (384) hours of unused sick leave credit, the
employee will, thereafter, be eligible for payment in each pay period
of a portion of the unused sick leave accrued during the preceding
pay period, subject to the following conditions:
CCMG MOU 2005 -2010
Page 36
CCMG
CITYSICK LEAVE PAYOFF :AT-SEVEN liPNPIWO:ANUTWENTY.(720)::HOUR&:
Bi-weekly :Tier 2 Amount of Bi-weekly Amount:.:61:BE4veekly::
Accrual Rate I'VfaXiinurn
Accumulation
Sick Leave Payoff Sick Leave 1orfetted
•
3.693 hours 720 hours 2.7 hrs X hourly rate .92 hours
(3/4 [75%] of bi-weekly
accrual rate of 3.693
hours)
ARTICLE FIVE
2.
Unit employees with at least three hundred and eighty four (384)
hours but less than seven hundred and twenty (720) hours of
accrued sick leave may be paid for one-half (50%) of sick leave
accrued and unused in each pay period as set forth in the Tier 1
table above.
3. The remaining unused sick leave in each pay period shall be added
to the unit employee's accruals up to the seven hundred and twenty
(720) hour maximum.
4. As an alternative to Tier 1 Sick Leave payoff, eligible employees
may:
• Elect on or before December 1 of each year not to participate
in the bi-weekly payoff plan and will then accrue unused sick
leave for the ensuing calendar year (January through
December). However, eligible employees may only accrue to
• a maximum of seven hundred and twenty (720) hours ; or
• Unit employees who accumulate and maintain a minimum
credit of 384 hours of unused sick leave may elect, once
annually, to have a lump sum of ninety-six (96) hours of
accrued sick leave paid to him/her. In order to qualify for this
benefit, this time would need to be otherwise payable to the
employee upon separation from employment.
5. Unit employees at the maximum accrual of seven hundred and
twenty (720) hours, or who reach maximum accrual thereafter, will
be paid for three-fourths (75%) of accrued unused sick leave in
each pay period and shall forfeit the remaining portion accruals as
set forth in the following Tier 2 table:
'»go•
GCMG MOU 2005 -2010
Page 37
CCMG
CITYARTICLE FIVE
E.
SICK LEAVE PAYOFF UPON RETIREMENT OR FAVORABLE
RESIGNATION — (NON-PERSABLE)
With retirement or favorable resignation after 10 years (120 months) or
more of City service, all accumulated sick leave accruals shall be paid off
at the unit employee's base hourly rate.
F. SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE — NON-
PERSABLE
1. Upon a unit employee's death, his/her beneficiaries or estate shall
be entitled to receive the same accumulation benefit payoff as the
unit employee would have received were he/she alive and had
favorably resigned or retired.
2. Any payoff under this benefit is non-PERSable.
IX. PRE-RETIREMENT DISTRIBUTION OF LEAVE ACCRUALS — NON-
PERSABLE
1. A unit employee giving irrevocable notice of his/her intent to retire within
three (3) years (36 calendar months) may have accrued leaves, which are
otherwise payable upon retirement, distributed in equal installments to
his/her paychecks over the months preceding retirement, with a maximum
duration of thirty-six (36) months.
1. Such distributions may be taken as taxable earnings, or may be used for
deposit in the deferred compensation account under the terms of the
Section 457 Catch-up provisions.
3. Such distributions are not reportable to PERS as compensation and will
not affect PERS retirement benefits.
X. INJURY ON DUTY LEAVE (I0D)
A. UP TO SIX (6) MONTHS MAXIMUM SALARY CONTINUANCE
1. if injured-on-duty (10D) and the claim is determined to be
connpensable, a unit employee may be eligible for salary
continuance. Salary continuance is to be paid during the period for
which temporary disability is required pursuant to Workers'
Compensation Laws of the State of California, an amount which,
when added to such temporary disability benefits and earnings from
(5°N
CCMG MOU 2005 -2010 Page 38 CCMG
CITYARTICLE FIVE
other employment, will equal the unit employee's normal base
salary for the period.
2. Such salary continuance payments shall be subject to normal tax
deductions and other mandatory or voluntary deductions, but
without deduction from sick leave or vacation leave accruals, and
shall be provided for a period not to exceed six (6) calendar months
from the date of the injury.
3. In no case shall such compensation be paid for a period of time in
excess of the unit employee's continuous service immediately prior
to such injury.
B. EXTENSION OF LEAVE AND SALARY CONTINUANCE
If a unit employee's temporary disability exceeds the six (6) calendar
months of salary continuance set forth above, the City may extend this
salary continuance for up to an additional six (6) months if the unit
employee is not otherwise eligible for retirement, vocational rehabilitation,
light or modified duty or disability transfer and with the approval of the City
Manager.
C. EXHAUSTION OF SALARY CONTINUANCE
1. If the unit employee exhausts such salary continuance as set forth
above, or is denied extension of salary continuance, he/she may
elect to utilize accumulated sick leave or vacation leave accruals
which, when added to temporary disability payments and earnings
from other employment, will equal his/her normal base salary,
subject to normal deductions.
2. When a unit employee's temporary disability payments stop, and
he/she is still unable to return to work, he/she may elect to utilize
accumulated sick leave or vacation leave accruals equal to his/her
normal base salary, subject to normal deductions.
D. CITY INITIATED DISABILITY RETIREMENT
If, at any time during a temporary disability absence, the City receives
medical information which indicates that the employee will not be able to
return to performance of the duties of his/her position, the City may initiate
disability retirement procedures even if there is unexpended leave
available to the employee.
jp
CCMG MOU 2005 -2010 Page 39 CCMG
CITYARTICLE FIVE
E. LIMITATIONS
A unit employee who is absent, as a result of compensable injury in the
course of employment, for a period of time less than three days, shall
have such leave deducted from sick leave credit unless temporary
disability payments are required to be paid pursuant to Workers'
Compensation Laws of the State of California.
XI. ADMINISTRATIVE LEAVE
The City policy on administrative leave provides for the granting of administrative
leave under certain circumstances. Further details are as set forth in the
Administrative Leave Policy 11-02, as amended.
XII. MISCELLANEOUS LEAVES WITH PAY
A. BEREAVEMENT LEAVE
1. Any unit employee who is compelled to be absent from duty
because of a death in the immediate family shall be allowed time
necessary to be absent from work at their base hourly rate of pay
for the equivalent of the employee's regular workweek, but not
more than forty (40) working hours per incident, without charge to
accrued sick leave, vacation, or floating holiday time.
2. Immediate family is defined as follows:
• Brothers
• Children
• Child's Spouse
• Grandchildren
• Grandparents
• Parents
• Registered Domestic
Partner
• Siblings' Spouse
• Sisters
• Spouse
• Spouse's Brothers
• Spouse's Grandparents
• Spouse's Parents
• Spouse's Sisters
• Stepchildren
• Stepparents
3. If additional leave time is required, the employee may request sick
leave, vacation or floating holiday time.
4. Should the list of immediate family members be increased in any
other Culver City bargaining unit MOU, the additional provisions
shall apply to this unit.
,bcCCMG MOU 2005 -2010 Page 40 CCMG
CITYARTICLE FIVE
5. The City may require verification of the death of a member of the
immediate family. Verification may include any printed record or
notice of the death (e.g., newspaper obituary notice, mortuary
leaflet or card, etc.).
6. if special circumstance exists wherein a unit employee believes
another person reasonably substitutes for one of the foregoing,
(i.e., foster parent, legal guardian, foster child, legal ward, etc.) the
unit employee must register that special circumstance with the
Personnel Department in writing in advance in order to qualify for
the bereavement leave.
B. EMERGENCY LEAVE
1. An emergency leave of absence with pay may be granted by the
Department Head or designee to any unit employee because of
family illness, legal matters, non work-related court appearances,
home emergencies (e.g., burst water heater, or sudden structural
damage, etc.), providing the unit employee may have such leave
charged to his/her sick leave, service award leave or vacation leave
accounts.
2. Emergency leave shall automatically be deducted from sick leave
unless the unit employee requests it to be deducted from another
leave as set forth in B.1 above.
All emergency leaves of absence shall be limited to twenty-four (24)
working hours within any calendar year taken in increments of at
least one-half (1/2) hour.
4. Verification of all emergency leaves may be required by the
Department Head or designee.
C. JURY DUTY
1. A unit employee called to active jury service during scheduled work
days shall receive his/her regular compensation for such time
served to a maximum of ten (10) working days for each jury
summons.
2. The unit employee will forfeit jury fees to the City, but shall retain
any mileage compensation provided.
3. Jury service required on an employee's off-duty day is not
compensable by the City, and the unit employee may retain jury
compensation for such days.
GCMG MOU 2005 -2010 Page 41 CCMG
CITY ARTICLE FIVE
4. In the event the unit employee is required to serve in excess of ten
(10) compensated work days, he/she may use accrued leave and
retain excess jury fees for that period.
5a. Unit employees who are compelled by the Court to serve longer
than ten (10) days on a jury may submit a request to their
Department Head to approve additional jury leave.
b. If the request is approved, the City shall provide pay for one-half
(1/2) of the hours spent on jury duty in excess of the original ten
(10) days up to an additional ten (10) half days of the unit
employees regularly scheduled workday hours.
c. The unit employee may use accrued vacation, administrative leave
(if any), or floating holiday time for the remainder of the half
regularly scheduled workday hours.
6. The unit employee shall be responsible for providing proof of jury
service upon his/her return to work.
7 Specific procedures for jury duty leave with pay, consistent with this
provision, shall be established in City Administrative Policy, as
amended.
D. OUTSTANDING PERFORMANCE LEAVE
The City may grant up to three (3) days off with pay to unit employees
rewarded for outstanding performance, or provide other forms of
recognition pursuant to Civil Service Rules.
E. RELIGIOUS SERVICES
1. Unit employees shall be permitted to attend or observe religious
services, or holidays of major theological importance, which occur
during work hours, provided that:
• The work load of the organization so permits; and
• Management authorized the absence.
2. Time taken shall be charged to the unit employee's accumulated
vacation, administrative leave (if any) or floating holiday time.
F. MILITARY LEAVES OF ABSENCE
Military leave with pay shall be granted in accordance with applicable state
law, federal law and municipal law, and applicable City policies.
CCMG MOU 2005 -2010 Page 42 CCMG
CITYARTICLE FIVE
G. VOTING LEAVE
Unit employees shall be permitted leave to vote as required by
California Elections Code Section 14350-14352, as amended, if the
unit employee cannot otherwise get to the polling place during non-
working hours.
2. Leave may be provided at the beginning or end of the normal work
shift, whichever permits the opportunity to vote with minimal
interruption of work responsibilities.
3. Unit employees shall be required to give a minimum three (3) day
notice of the need for leave, obtain advance approval, and submit
proof of voting.
H. SCHOOL ACTIVITY LEAVE
1. Pursuant to California Labor Code Sections 230.7 and 230.8, as
amended, unit employees who are parents of school-age children
shall be allowed School Activity Leave from their jobs, with or
without pay, as may be necessary to participate in school activities
such as parent-teacher conferences, disciplinary matters, school
programs and related events with their children.
2. Such leave is limited to forty (40) hours per school year, at a
maximum of eight (8) hours per month.
3. This limit shall not apply when a unit employee is required to
appear in the school of his/her child pursuant to a request from the
school administration pertaining to disciplinary action.
4. Unit employees must give reasonable advance notice to the
employer to permit work coverage, and may be required to provide
documentation from the school that the unit employee participated
in the activity on the specific date and time.
5. Leave properly requested in advance shall not be denied.
6. Unit employees may take accrued leave with pay, vacation,
administrative leave (if any) or floating holiday time, for School
Activity Leave purposes.
CCMG MOU 2005 -2010
Page 43
CCMG
CITYARTICLE FIVE
XIII. FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY RIGHTS
ACT (CFRA)
1. This section does not purport to provide all the provisions of law, but
summarizes the general intent at the time this MOU was adopted.
2. Specific details of the State and Federal laws relating to FMLA and CFRA
are available in the Personnel Department.
3. Unit employees and department management must contact Personnel
Department to verify current provisions and requirements.
4. Failure to do so could result in a misunderstanding of rights and
obligations, and could cause loss of leave benefits or loss of insurance
coverage.
A. ELIGIBILITY FOR FMLA AND CFRA
1. Pursuant to State and Federal laws, employees shall be eligible for
Family and Medical Leave of absence (FMLA) for:
• The birth of a child of the employee;
• Disability due to pregnancy — FMLA only;
• The placement of a child with an employee in connection with
the adoption or foster care by that employee;
• The care of the employee's child with a serious health condition;
• The care of a spouse or parent with a serious health condition;
or
• The employee's own serious health condition.
2. Such leave rights apply to all employees with twelve (12) months or
more service with the City prior to the leave request who have
worked a minimum of 1,250 hours in the preceding twelve (12)
months.
B. EMPLOYEE RIGHTS UNDER FMLA
1. The maximum amount of leave shall be twelve (12) weeks in a
twelve (12) month period.
2. The twelve-month period is rolling, and is measured backward from
the date leave is used.
2. Leave may be taken as days off, or intermittent or modified work
schedules.
CCMG MOU 2005 -2010 Page 44 GCMG
CITYARTICLE FIVE
3. The unit employee is guaranteed a return to his/her position at the
end of approved leave.
4. During the 12-work week FMLA period, the City shall maintain the
employee's medical, dental, life and vision care insurance.
C. APPROVAL PROCESS FOR FMLA
1. Unit employees must give thirty (30) days advance written notice,
on a form provided by the City, of the need for such leave, unless
the absence could not be anticipated. In such cases, the employee
must give notice as soon as possible.
2. Verification by the attending physician or health care provider will
be required for absences relating to the unit employee's or family
member's serious health condition.
3. The Personnel Department shall determine if the leave qualifies
under the Family and Medical leave laws, and may determine the
commencement date.
D. PRIVACY UNDER FMLA
For privacy reasons, the City may not require specific medical diagnosis of
a family member's health condition, but such information may be provided
for the unit employee's own illness or condition with the health care
provider's certification of the need for the leave.
E. USE OF ACCRUALS WHILE ON FMLA
1. The unit employee shall be required to use sick leave for any FMLA
illness or medical-related absence, and may use vacation or other
accrued leaves if sick leave has been exhausted.
2. FMLA shall run concurrently with Pregnancy Disability Leave.
F. EXPIRATION OF FMLA
Upon expiration of FMLA, if the unit employee remains on leave, he/she
shall be responsible for maintaining his/her insurance benefits, either by
use of sufficient accrued paid leave or by payment of the required
premiums.
CCMG MOU 2005 -2010 Page 45 CCMG CITYARTICLE FIVE
XIV. PREGNANCY DISABILITY LEAVE (PDL)
1. Pregnancy Disability Leave of up to four (4) months, with or without pay,
shall be provided to unit employees covered herein pursuant to the Fair
Employment Housing Act (FEHA).
2. Such leave shall be granted for disability of the unit employee, determined
by a physician, for the duration of such disability, provided, however, that
the cumulative unpaid leave for disability and non-disability reasons shall
not exceed one year.
3. Pregnancy Disability Leave without pay shall not be granted until accrued
sick leave has been exhausted.
4. Unit employees may voluntarily use accrued vacation or other paid leave
before commencing unpaid leave.
XV, MAINTAINENANCE OF BENEFITS WHILE ON LEAVE
1. Unit employees must be paid a minimum of thirty-five percent (35%) of
their regularly scheduled bi-weekly working hours to be eligible to receive
City provided benefits including vacation and sick leave accruals.
Example: A unit employee who regularly works eighty (80) hours each
bi-weekly pay period, must be paid a minimum of twenty eight (28) hours
(35% of 80 = 28) of his/her accruals when out on leave to be eligible for
City provided benefits including vacation and sick leave accruals.
2. Unit employees who are not paid the minimum number of hours required:
Shall be responsible for the payment of their insurance benefits, and
Shall not be eligible for vacation and sick leave accruals.
XVL PAYOFF OF ACCRUALS UPON DEATH OF AN EMPLOYEE — NON-
PERSABLE
When separation is caused by the death of a unit employee, separation pay and
other accrued moneys owed shall be paid (non-PERSable) to the designated
beneficiary of such employee as filed with the Personnel and Employee
Relations Director.
CCMG MOU 2005 -2010 Page 46 CCMG CITY ARTICLE FIVE
XVII. PAYOFF OF ACCRUALS UPON CHANGE OF BARGAINING UNIT
1. When a unit employee covered by the terms of this MOU is promoted or
otherwise becomes a member of another bargaining unit under a different
MOU, he/she shall be paid off at his/her CCMG base hourly rate for any
accrued leave benefit unique to this bargaining unit (i.e., floating holiday)
and shall cease participation in any special pay or other benefit plan of the
CCMG unit.
2. Vacation and sick leave accumulations shall carry over.
3. Thereafter, the employee shall immediately be eligible to accrue such
benefits as provided by their new bargaining unit MOU.
XVIII. LEAVES OF ABSENCE WITHOUT PAY
A. VOLUNTARY LEAVE WITHOUT PAY
1. Any unit employee is entitled to present to Management a request
for a leave of absence without pay not to exceed one (1) year. The
unit employee shall indicate the basis of the leave in his/her
request.
2. Leaves of absence without pay may be granted for illness
exceeding accumulated sick leave, child care absences exceeding
pregnancy disability leave, special education, special duty for
another governmental agency, extension of vacation time, seeking
political office or any other reason which is deemed to be in the
best interests of City government.
3. Verification of such requests shall be required by Management who
shall attach the evidence of verification to the proper form
(Personnel Action).
4. Any leave without pay must be approved by the City Manager.
B. CITY INITIATED LEAVE WITHOUT PAY
The City may place a unit employee on leave without pay for non-
disciplinary reasons when the status of the employee, due to injury or
other involuntary circumstances, cannot be covered by paid leave time.
p\ cb
CCMG MOU 2005 -2010 Page 47 CCMG
CITYARTICLE FIVE
C. BENEFIT ELIGIBILITY WHILE ON LEAVE WITHOUT PAY
1. No biweekly period shall be counted for eligibility periods or for the
accumulation of vacation or sick leave when a unit employee is
absent on leave without pay including suspension from duty without
pay, except when on protected leave, or has a break in service of
more than sixty five percent (65%) of the working hours in the
biweekly period.
2. A unit employee on unpaid leave of absence, except when on
protected leave, under this section shall be responsible for the
payment of insurance premiums in any month when there is
insufficient paid leave available or authorized to maintain benefited
status.
D. LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY (30)
DAYS
1. NOTIFICATION TO DEPARTMENT
For any leave of absence without pay in excess of thirty (30)
calendar days, the unit employee shall notify the Department Head
where he/she can be reached if not at his/her residence of record,
and how long the employee will be absent.
2, CORRESPONDENCE
In the absence of such written notification, any notice or
correspondence to the unit employee shall be mailed or delivered
to the unit employee's residence of record.
3. DURATION OF LEAVE
Unit employees shall be advised of the duration of the approved
leave of absence without pay, and that such approval may be
cancelled at any time by the Department Head and City Manager if
he/she determines that the unit employee:
• is not expected to return by the conclusion of the scheduled
leave of absence without pay; or
• conduct is not consistent with the approved leave of absence
without pay; or
• the basis of the leave is no longer valid.
ipeCCMG MOU 2005 -2010 Page 48 CCMG
CITYARTICLE FIVE
4. CANCELLATION OF LEAVE OF ABSENCE WITHOUT PAY
If the City intends to cancel an approved leave of absence without
pay in excess of thirty (30) calendar days, the unit employee shall
be notified of the City's intent, and shall be given the opportunity to
provide additional information in support of the leave of absence
without pay or to return to work, within five (5) working days after
receipt of such notice. If the unit employee fails to respond or
return to work, he/she shall be deemed to have resigned his/her
position.
E. RETURN FROM LEAVE OF ABSENCE WITHOUT PAY EXCEEDING
THIRTY (30) DAYS
1. Upon returning from a leave of absence without pay exceeding
thirty (30) calendar days, except when on protected leave, the unit
employee's anniversary date shall be adjusted to exclude such
leave time for the purpose of performance evaluation dates, step
increase dates, seniority for promotional examinations and benefit
accrual calculations.
2. Upon returning from a leave of absence without pay exceeding
thirty (30) calendar days, except when on protected leave, due to
illness or disability of the employee, the unit employee may be
required to provide medical information upon the request of the
City's physician in order to determine the employee's fitness-for-
duty.
3. Failure or refusal to provide medical information, pursuant to this
section, may delay the unit employee's return to work and
constitute grounds for disciplinary action.
XIX. UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
1. A unit employee absent without authorization for three (3) or more
consecutive work shifts, and who fails to contact Management to provide
justification for the absence, shall be considered to have abandoned
his/her position and resigned from City employment as of the third shift of
absence.
2.
The unit employee shall be notified by Management that the City
considers him/her to be absent without leave, and that, under this section,
a separation (resignation) will be processed.
CCMG MOU 2005 -2010
Page 49
CCMG CITY ARTICLE FIVE
3. Such notification shall be made pursuant to the procedures for notification
of intent to discipline as provided in Civil Service Rules.
4. The unit employee may be reinstated, subject to disciplinary action for
other causes, if adequate justification for the absence is provided to
Management prior to the end of the notification period.
CCMG MOU 2005 -2010 Page 50 CCMG
CITYARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
SENIORITY
A. SENIORITY LISTS
The City shall establish seniority lists and shall inform each unit employee
of their seniority status. Seniority status shall give a unit employee priority
preference in work schedules and leave schedules where the City is able
to offer employees a choice.
B. SENIORITY WITHIN CURRENT CLASSIFICATION
Seniority, as used herein, is determined by the length of service a unit
employee has in the position of the current appointment and is only
applicable for the purpose set forth in A above.
II. CLASSIFIED EMPLOYEE GRIEVANCE
A classified unit employee grievance shall be processed as provided for in the
City's Civil Service Rules.
III. DISCIPLINE
A. DISCIPLINE OF CLASSIFIED UNIT EMPLOYEES
Disciplining of classified unit employees, shall be as provided in the City's
Civil Service Rules.
B. DISCIPLINE OF UNCLASSIFIED UNIT EMPLOYEES
1. Unclassified (at-will) employees may be subject to discipline under
those same policies, but do not have a right of appeal to the Civil
Service Commission.
2. Unclassified (at-will) employees shall receive disciplinary process
as set forth in Administrative Policy II-16, as amended.
CCMG MOU 2005 -2010 Page 51 GCMG
CITYARTICLE SIX
IV. SAFETY RULES
A. PURPOSE
1. It is of mutual benefit to the City and to the unit employees
represented in this MOU to be fully aware of all safety rules and
regulations regarding employment duties.
2. The intent of this clause is to work towards preventing job-related
injuries to unit employees and damage to both public and private
property.
3. It is the responsibility of all unit employees as a condition of
employment with the City, to be aware of, to follow and to enforce
the City's safety rules, regulations, policies and procedures or be
subject to disciplinary action in accordance with the Civil Service
Rules.
V. DRUG-FREE WORKPLACE AND DRUGS AND ALCOHOL IN THE
WORKPLACE
1. CCMG and the City agree that City Council Policy No. 4004, as amended,
regarding drugs and alcohol in the workplace is incorporated herein by this
reference.
2. Testing procedures agreed to and in effect prior to the adoption of this
MOU continue in full force and effect.
VI. LEGAL DEFENSE
In the event a unit employee covered herein is named as an individual defendant
in litigation involving conduct in his/her official capacity as an agent for the City
and/or Redevelopment Agency, the City Attorney will, prior to recommending any
settlement of the litigation to the City Council and/or Redevelopment Agency,
consult with the unit employee concerning the proposed settlement and present
the unit employee's oral or written comments concerning the proposed settlement
to the City Council and/or Redevelopment Agency at any session at which the
settlement is to be discussed.
6/b
CCMG MOU 2005 -2010 Page 52 CCMG
CITYARTICLE SIX
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective October 1, 2005 and together with all the terms,
conditions and effects thereof, shall expire as of midnight on September 30,
2010.
II. EMERGENCY WAIVER
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, as determined by the City, the provisions of this Memorandum of
Understanding which restrict the City's ability to respond to these emergencies
shall be suspended for the duration of such emergencies. After the emergency is
over, the Culver City Management Group shall have the right to meet with the
City regarding the impact on employees of this suspension of these provisions in
this Memorandum of Understanding.
III. SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or
provision of this Memorandum of Understanding be found to be inoperative, void,
or invalid by a court of competent jurisdiction, all other provisions of this
Memorandum of Understanding shall remain in full force and effect for the
duration of this Memorandum of Understanding. In the event of such invalidation,
the City and the CCMG agree to meet and confer in good faith to determine an
alternative equivalent article, section, subsection, subdivision, sentence, clause,
phrase, or provision.
IV. CIVIL SERVICE RULES/CITY POLICY
1. Reference is made in this MOU to certain Civil Service Rules. Nothing in
this MOU shall preclude the City from amending the Civil Service Rules as
provided therein.
2. Unit employees appointed to a position in the Classified Service are
subject to the provisions of the Civil Service Rules.
6><
GCMG MOIJ 2005 -2010 Page 53 GCMG
CITYARTICLE SEVEN
3. Unit employees appointed to exempt or Unclassified positions are not
subject to the protections afforded Classified employees in regard to
regular or "permanent" status, seniority, layoff rights, or appeals of
discipline or grievances to the Civil Service Commission.
4. Other basic employment policies in Civil Service Rules may apply to
exempt or Unclassified employees, subject to the determination of the City
Manager or City Council.
5. The parties agree that all conditions of employment provided for by the
City's Civil Service Rules, Ordinances, Resolutions or Policy Statements in
effect prior to the date of this M.O.U. - which are not amended or repealed
by the provisions of this M.O.U. remain in force and effect during the term
of this M.O.U., and which are in conflict with the terms of this M.O.U. shall
be considered to have been superseded by this M.O.U.
V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT
1. This MOU contains all of the covenants, stipulations, and
provisions, agreed upon by the parties.
2. Therefore, during the term of this agreement, except as provided
herein, all other compensation and benefits not modified in this
agreement shall remain in full force and effect.
3. Each party acknowledges that it had the full and unlimited
opportunity to meet and confer over any issue it either did raise or
could have raised and hereby waives the right to meet and confer
further during the term of this MOU except as specifically provided
herein.
B. SALARY SURVEY
1. It is understood that the City conducts salary surveys which may
result in upward salary adjustments for certain unit employees.
2. The City agrees to meet and review these adjustments with the
CCMG prior to implementation.
Nothing shall prevent the implementation of higher salary
adjustments after the City has met and reviewed said adjustment
with CCMG.
CCMG MOU 2005 -2010 Page 54
CCMG
CITYARTICLE SEVEN
4. It is further understood that CCMG does not waive the right to meet
and confer with the City over other salary adjustments.
C. CITY-CCMG DISCUSSION ITEMS
1. Agency Shop
CCMG reserves the right to meet and confer with the City during the
term of this MOU regarding the feasibility of adopting an Agency Shop
provision, as permitted by law.
2. Executive Management Classifications
During the term of this MOU, the CCMG reserves the right to discuss
with the City the feasibility of modifying the unit regarding Executive
Management classes as set forth in this MOU pursuant to the City's
Employer-Employee Relations Resolution in the NO. CS-7938 as
amended.
D. COMPLIANCE
If the effective date or the implementation of any benefit in this MOU
cannot be adhered to as the result of law, regulation, or policy outside the
control of the City, the City will take action on the first date on which it has
authority to take action in compliance with such law, regulation, or policy
to effectuate the benefit.
VI. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and the Culver City Management Group acknowledge that this
Memorandum of Understanding shall not be in force and effect until
ratified by a simple majority vote of unit employees voting who are in
classifications represented by the Culver City Management Group set
forth in this agreement and adopted in the form of a resolution of the City
Council.
B. MUTUAL RECOMMENDATION — APPROVAL OF MOU
This agreement constitutes a mutual recommendation of this new MOU by
the parties hereto, to the City Council, that one or more ordinances and/or
resolutions be adopted and implemented accepting its provisions and
effecting the changes enumerated herein relating to wages, hours,
benefits and other terms and conditions of employment for unit employees
represented by the Culver City Management Group.
CCMG MOU 2005 -2010 Page 55 CCMG
CITYARTICLE SEVEN
C. RATIFICATION
Subject to the foregoing, this Memorandum of Understanding is hereby
ratified and agreed to be recommended for approval by the authorized
representatives of the City and Culver City Management Group, and
entered into this day of CCMG MOU 2005 -2010 Page 56 CCMG CITYARTICLE SEVEN
PARTIES TO THE AGREEMENT
CULVER CITY MANAGEMENT GROUP CITY OF CULVER CITY, CALIFORNIA
Richard Levine, Chief Negotiator John F. Hoffman, Chief Negotiator
Attorney at Law Personnel & Employee Relations Consultant
Jane Leonard
Culver City Management Group
Marlee Chang
City Controller
Margarita Lee Serena Wright
Culver City Management Group Personnel & Employee Relations Director
Linda Coll
Personnel Services Analyst
In witness whereof, the parties hereto have caused this agreement to be executed this
day of CULVER CITY MANAGEMENT GROUP CITY OF CULVER CITY, CA
Jane Leonard, President Jerry Fulwood, City Manager
ftb
CCMG MOU 2005 -2010 Page 57 CCMG
CITY