City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving a five (5) year
Memorandum of Understanding (MOU) with the Culver City Employees Association
for the period of January 1, 2006 through December 31, 2010 and Rescind
Resolution No 2006-R062.
BACKGROUND
The previous MOU with the Culver City Employees Association expired on
December 31, 2005. After ten (10) months of negotiations, the City and the Culver
City Employees Association have reached an agreement resulting in a five (5) year
contract retroactive to January 1, 2006.
DISCUSSION
The MOU that is being presented to the City Council for adoption contains the
following essential changes, along with the attached master revised contract:
(1) Effective January 1, 2006, 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
Meeting Date: 10/09/06 Item Number: A-1
AGENDA ITEM: A Resolution to Adopt a Five (5) Year Memorandum of
Understanding with the Culver City Employees Association for the Period of
January 1, 2006 through December 31, 2010 and Rescind Resolution No 2006-
R062
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No []
Public Hearing: [] Action Item: [x] Attachments: [x]
Public Notification: Master Notification List, and the Culver City Employees Association
on October 4, 2006
Department Approval:
Serena Wright (10/3/06)
City Manager Approval:
Jerry Fulwood (10/4/06)
City Controller Approval:
Marlee Chang (10/3/06)City of Culver City, California
City Council Agenda Item Report
assist with the funding of this new benefit. In accordance with the California
Public Retirement Law, this enhanced benefit can only be provided by the
City upon agreement of all miscellaneous employee groups (Culver City
Employees Association and Culver City Management Group).
(3) Effective January 1, 2008, City paid deferred compensation contribution in
the amount of $26 per month ($12 per pay period) on behalf of each unit
employee that contributes at least $26 per month. For unit employees
contributing less than $26 per month ($12 per pay period), the City will match
dollar-for-dollar.
(4) 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.
(5) 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.
(6) Jail duty assignment pay increased from one (1) hour to two (2) hours of
base hourly rate of pay when assigned.
(7) Effective January 1, 2008, uniform allowance for full time Bus Operators and
Transit Operations Supervisors shall be increased from $500 to $550
annually.
(8) Effective January 1, 2008, uniform allowance for the following classifications
shall be increased from $600 to $650 annually.
Business Tax Inspector
Code Enforcement Officer
Fire Prevention Specialist
Identification Technician
Jailer
Parking Enforcement Officer
Police Records Technician
Safety Services Communication Operator
(9) Effective January 1, 2008, tool allowance for the following classifications shall
be increased from $200 to $300 annually.
Equipment Service Worker
Mechanic Assistant
Mechanic
Equipment Maintenance Supervisor
FISCAL ANALYSISCity of Culver City, California
City Council Agenda Item Report
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
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 Employees Association for the period of
January 1, 2006 through December 31, 2010 and Rescind Resolution No 2006-
R062.
10/09/06
Consideration of a Resolution to Adopt a Five (5) Year
Memorandum of Understanding with the Culver City
Employees Association for the Period of January 1, 2006
through December 31, 2010 and Rescind Resolution No
2006-R062
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages
1. Resolution with Master Memorandum of Understanding
1 — 92RESOLUTION 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 EMPLOYEES ASSOCIATION
AND RESCINDING RESOLUTION NO. 2006-R062.
WHEREAS, the Culver City Employees Association 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
January 1, 2006, through December 31, 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.
APPROVED and ADOPTED this day of 2006.
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney
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28MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
THE CULVER CITY EMPLOYEES' ASSOCIATION
(CCEA)
January 1, 2006 to December 31, 2010TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights 1
ARTICLE TWO Salaries and Compensation 9
ARTICLE THREE Work Periods, Schedules and Overtime 23
ARTICLE FOUR Supplemental Benefits 37
ARTICLE FIVE Leaves of Absence 57
ARTICLE SIX Working Conditions 83
ARTICLE SEVEN General Provisions 88
PARTIES TO THE AGREEMENT 91
APPENDIX "A" General Service Classifications 93
INDEX 96ARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
THE CULVER CITY EMPLOYEES' ASSOCIATION (CCEA)
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
The Culver City Employees' Association, hereinafter called "CCEA" representing
the full-time, non-management, non-safety general service classified employees
and unclassified regular part-time (RPT) general service employees of the City.
This MOU is made pursuant to the California Government Code Section 3500, et
seg!
II. RECOGNITION
A. FULL-TIME GENERAL SERVICE CLASSIFIED EMPLOYEES
The City hereby recognizes CCEA as the exclusive representative of the
full-time, non-management, non-safety, general service classified
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, generally referred to and
hereinafter called "CCEA," General Service Employees" or "Employees."
B. REGULAR PART-TIME (RPT) GENERAL SERVICE UNCLASSIFIED
EMPLOYEES
1. The City hereby recognizes CCEA as the exclusive representative
of regular part-time (RPT) general service employee positions
designated as RPT.
2. An RPT is a regular part-time, unclassified employee who has been
appointed to work an annual average rate of at least twenty (20)
hours per week and less than forty (40) hours per week,
notwithstanding the fact that the aggregate number of hours worked
CCEA MOU 2006 —2010 Page 1 CCEA
CITY(ARTICLE ONE
per week in a combination of different positions may equal or
exceed forty (40) hours in any given work week.
3. This recognition does not change the "at-will" status of any RPT
employee. At-will employees:
• Do not have any rights as set forth in the City's Civil Service
Rules; and
• Do not receive any additional or modification to any wages,
benefits or terms and conditions of employment which are not
expressly agreed to and provided for in this MOU.
III. BARGAINING UNIT CHANGES
Any change in the classes which compose the CCEA/General Service
Employees unit shall be in accordance with the provisions of the City's
Resolution No. CS-7938, as amended.
IV. TEMPORARY FILLING OF BARGAINING UNIT POSITIONS
A. VACANT AUTHORIZED POSITIONS
1. CCEA and City agree that a vacant authorized position in a
bargaining unit classification may be filled on a temporary basis as
follows:
• Limited-term appointment that shall not exceed twelve (12)
months in duration, except as may be extended for up to one (1)
additional year but not to exceed two (2) years total, with
approval by the Personnel & Employee Relations Director; or a
• Provisional appointment not to exceed one hundred twenty
(120) days, nor continue beyond thirty (30) days from the
establishment of the Eligible List or the date of appointment
from an Eligible List, whichever occurs first, except upon good
cause, with justification provided to the Personnel & Employee
Relations Director and approval by the City Manager.
2. Further details regarding Limited-term and Provisional
appointments can be found in the Civil Service Rules.
B. LIMITATIONS
1. Unless the limited-term or provisional employee filling the vacancy
is a classified unit employee, he/she shall not become classified or
a member of the unit during the limited-term or provisional
appointment.
CCEA MOU 2006 — 2010 Page 2 CCEA
CITY(ARTICLE ONE
2. Such limited-term and/or provisional employees shall:
• Be at-will, and
• Not have appeal rights regarding termination of the limited
appointment, and
• Not be subject to layoff seniority or bumping rights provided to
classified unit employees.
3. The City agrees that an authorized position, which is not eliminated
from the City budget, will be filled by a classified unit employee
within the maximum two (2) year period.
4. Unit employees must meet minimum qualifications for the vacant
position.
V. 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.
B. UNION AGREES NOT TO DISCRIMINATE
In accordance with the above policy, CCEA 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 CCEA for any of the above enumerated
reasons.
VI. AGENCY SHOP
A. OPTION TO JOIN CCEA OR PAY SERVICE FEE
1. Unit employees in classifications represented by CCEA, have the
option of joining the union or paying a service fee equivalent to
union dues. This payroll deduction is mandatory.
CCEA MOU 2006 -2010 Page 3 CCEA Ee
CITYARTICLE ONE
2. Unit employees must complete this payroll deduction form within
fourteen (14) calendar days after receipt to elect to join CCEA, or
pay the service fee, or deductions for the service fee will
automatically begin in the next pay period.
B. EMPLOYEE RELATIONS CONFIDENTIAL / SUPERVISORY
EMPLOYEES
Unit employees in Employee Relations Confidential positions are exempt
from the provisions of this Agency Shop provision, but may voluntarily join
CCEA and pay member dues.
C. CONSCIENTIOUS OBJECTIONS TO AGENCY SHOP
1. Unit employees who are members of a bona fide religion, body or
sect that has historically held conscientious objections to joining or
financially supporting public employee organizations may submit
evidence of active membership in such religion, body or sect.
2. The unit employee will be required to pay a sum equivalent of the
agency fee to one of the charitable organizations agreed upon by
the City and CCEA.
3. The City will deduct such contribution from the paycheck of those
unit employees and remit the contribution to the charitable
organization.
VII. DUES / INSURANCE CHECK-OFF
The City shall, on behalf of CCEA during the term of this MOU shall do the
following:
1. Provide official payroll deductions for CCEA dues and approved insurance
and welfare plan fees (uniform in dollar amount for all unit employees) 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. Assistance to CCEA on a quarterly basis by identifying newly hired unit
employees in the representation unit.
3. Distribution of CCEA membership packets, if provided to the City, to newly
hired unit employees in the representation unit; and
CCEA MOU 2006 — 2010 Page 4 CCEA E6.
CITY/ARTICLE ONE
4. Inform all new hires in the representation unit that CCEA is the employee
organization designated as the representative of the employees in the
unit.
VIII. INDEMNIFICATION
CCEA 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 of this MOU.
IX. 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.
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
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;
CCEA MOU 2006 — 2010 Page 5 CCEA
CITY/CCEA MOU 2006 — 2010 Page 6 CCEA CITY
ARTICLE ONE
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;
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;
14. Establishing, changing and/or modifying work schedules for
employees; and
15. Performing all other functions not specifically delegated to
employees elsewhere in this MOU.
C. IMPACT OF MANAGEMENT RIGHTS
If any provision of this subsection is found to be inapplicable and/or in
conflict with final court decision or decree or state law affecting Culver
City, the remainder of this subsection shall continue in effect.CCEA MOU 2006 — 2010 Page 7 CCEA E-6
CITY
L7(
ARTICLE ONE
X. PAID TIME OFF FOR CCEA REPRESENTATIVES
A. RELEASE TIME
1. Leave of Absence with Pay is authorized for representatives of
CCEA to attend conferences, meetings, institutes, or similar affairs
(in addition to meet and confer sessions with City representatives).
2. The total leave granted for the calendar year for the bargaining unit
shall not exceed one hundred and forty-four (144) hours.
3. Such leave is subject to the prior approval of Management.
CCEA agrees that any off-duty time shall not constitute hours
worked for computation of overtime in the respective work period.
B. RELEASE TIME CERTIFICATION
An officer of CCEA will provide certification that CCEA is authorizing the
unit employee to use the release time as set forth in Article One, Section
X.A.
C. USE OF OTHER LEAVES
1. This special leave of absence will not prohibit unit employees from
requesting and being granted accumulated Compensatory Time
Off, Floating Holiday, Leave of Absence without Pay, or the use of
Vacation Leave, within governing rules and department policies.
2. Arrangements for the individual employee(s) involved will be made
in advance with Appointing Authority or designee, and a "Request
for Leave of Absence" form with CCEA certification shall be
submitted to, and signed by the Appointing Authority or designee
prior to the authorization being granted.
D. GENERAL MEMBERSHIP MEETINGS
CCEA unit employees will be released from duty to attend up to two (2)
general membership meetings during the calendar yea-r, with the
understanding that such meetings will be scheduled in a manner that
minimizes disruption of City services.ARTICLE ONE
E. GRIEVANCE OR BUSINESS MEETINGS
1. CCEA representatives must notify their supervisor(s) at least two
(2) days in advance of any grievance or business meeting that they
are expected to attend, unless such meeting is being scheduled by
the supervisor(s).
2. If less than two (2) days notice is provided, the supervisor(s) may
deny leave from work, or may approve the time or an alternate time
at the supervisor's discretion.
3. CCEA Representatives may not stop work or leave their duties
without supervisory authorization.
4. CCEA agents (non-employees) may contact affected department
management to schedule a meeting with unit employees on City
time.
5. In the event insufficient advance notice is given, department
management will advise the agent when such meeting may be held
(i.e., when the unit employee may be released from duty).
6. This provision shall not preclude CCEA or its agents from
scheduling meetings with unit employees during non-work hours.
7. City agrees to provide meeting space if requested and whenever
possible.
CCEA MOU 2006 — 2010 Page 8 CCEA
CITY/ARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. POLICY
It is City Council's policy goal to pay City employee salaries consistent
with the median of comparable cities when financial resources permit.
B. SALARY ADJUSTMENTS - January 2006 through December 2006
Effective on the first day of the pay period which includes January
1St
of 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 December 2005.
C. SALARY ADJUSTMENTS - January 2007 through December 2007
Effective on the first day of the pay period which includes January 1st
of 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 December 2006.
D. SALARY ADJUSTMENTS - January 2008 through December 2008
Effective on the first day of the pay period which includes January 1st
of 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 December 2007.
E. SALARY ADJUSTMENTS - January 2009 through December 2009
Effective on the first day of the pay period which includes January 1st
of 2009, 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 December 2008.
F.
SALARY ADJUSTMENTS - January 2010 through December 2010
Effective on the first day of the pay period which includes Januarys
i t
of 2010, 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 December 2009.
CCEA MOU 2006 — 2010 Page 9 CCEA
CITY 78—
./ARTICLE TWO
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 DEFERRED COMPENSATION
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. If more than one plan is offered, unit employees shall be limited to
participation in one (1) plan at a time.
3. Plan documents and participation rules under Section 457 are
maintained by and available from the Personnel Department.
B. CITY CONTRIBUTION TO DEFERRED COMPENSATION (NON-
PERSABLE) — EFFECTIVE JANUARY 2008
1. Effective on the first day of the pay period which includes
January 1 st of 2008, the City's maximum contribution to deferred
compensation shall be twenty-six dollars ($26) per month, twelve
dollars ($12) per pay period (non-PERSable).
Formula: $26/mo X 12/mos ÷ 26 pay periods = $12 per pay period
2. The maximum City contribution shall only be paid to unit employees
contributing twelve dollars ($12) or more per pay period.
ee
CCEA MOU 2006 - 2010 Page 10 CCEA CITY
‘ /fARTICLE TWO
3. The City will contribute a dollar-per-dollar match for unit employees
that contribute less than twelve dollars ($12) 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 time, which would otherwise be
paid to the employee in his/her paycheck, 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. Unit employees may convert excess annual vacation (accruals
which would exceed the maximum vacation bank as earned),
floating holiday time, or compensatory time accruals for pcospective
conversion to deferred compensation, and will provide information
to unit employees who want to utilize this option.
CCEA MOU 2006 —2010 Page 11 CCEA
CITYARTICLE TWO
V. 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 specifications governing such employee's position shall be
eligible for acting pay upon written approval by Management and
the Personnel Employee Relations Director.
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, comp time, emergency leave, floating
holiday, or vacation time, except as further authorized in sub-
section B.3 below.
3. When a unit employee has worked in one continuous acting
assignment in excess of ninety calendar (90) days, he/she shall
receive the acting pay rate for vacation or emergency leave(s)
taken on the 91 st day and thereafter.
4. A unit employee working overtime or call back during acting
assignment shall be paid at the acting pay rate for such time.
5. Employees receiving acting pay as set forth above shall continue to
receive the benefits associated his/her permanent position and not
the benefits associated with the acting position.
CCEA MOU 2006 — 2010 Page 12ARTICLE TWO
C. LIMITATIONS
The City strongly encourages departments not to use acting pay for long-
term assignments and to fill vacancies as soon as practicable.
VI. 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 MO Us.
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
CCEA MOU 2006 — 2010
1. The City Manager may approve special pay commensurate with the
additional duties, while such duties are assigned, for up to six (6)
months. Such special pay may be an amount not to exceed 10% of
the employee's regular base pay.
Page 13 CCEA
CITY(ARTICLE TWO
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.
VII. TRANSLATOR PROGRAM
A. PURPOSE
1. The purpose of the Translator Program is to provide linguistic
assistance for non-English speaking person(s) who represent a
large segment of the community.
2. This service is provided through certain selected unit employees
who have been certified as proficient in a designated foreign
language which is regularly utilized in providing services to the
community.
B. QUALIFICATION
1. The Personnel Department will conduct oral and written proficiency
tests, as needed, in designated language(s) as set forth in "A"
above.
The Personnel Department will then certify an eligible list of
qualified translators so certified to speak and/or write in a
designated foreign language.
3. The City will designate the number of unit employees eligible for
compensation under this program, based upon the need for one (1)
or more employees in any department or work location.
CCEA MOU 2006 — 2010 Page 14
CITY ARTICLE TWO
C. COMPENSATION
Unit employees certified and assigned as a translator by their Department
Head shall receive the following compensation for said assignment:
• Written Translator Pay: Two and one-half percent (2.5%) above
their base hourly rate; or
• Oral Translator Pay: Five percent (5%) above their base hourly
rate; or
• Written and Oral Translator Pay: The maximum total for written
and oral translator pay shall be seven and one-half percent (7.5%)
above the unit employee's base hourly rate.
D. LIMITATIONS
1. The standard for the number of qualified translator assignments
shall be limited to one (1) per each City department unless more
are authorized by the recommendation of the Department Head
and approved by the City Manager.
2. If the number of qualified translators exceeds the authorized
number, the City will rotate compensated assignments among
qualified employees on a rotating basis in six-month increments
beginning with the first day of their assignment as a qualified
translator (i.e., assignment commencing on March 12 th would end
on September 12th).
3. During that period of rotating translator assignment a qualified unit
employee off on an official City holiday or sick leave shall be paid at
the their regular hourly rate including translator assignment pay for
such time taken.
4. Vacation, floating holidays or comp time leave taken while on
translator assignment pay service shall not be paid translator
assignment pay for any hours taken on vacation, floating holiday or
comp time leave.
5. This translator assignment pay shall terminate immediately upon
the end of the rotation period as set forth in this section unless
authorized by the recommendation of the Department Head and
approved by the City Manager.
5. Any translator assignment which ends shall not be considered a
disciplinary action, and shall not be subject to grievance or appeal
unless the decision is tied to other disciplinary causes.
CCEA MOU 2006 — 2010 Page 15 CCEA
CITYARTICLE TWO
VIII. SHORTHAND SKILL ASSIGNMENT PAY
A. PURPOSE
1. The purpose of the Shorthand Skill assignment pay is to provide
qualified unit employees with compensation in recognition of their
shorthand required as an essential function of their job.
2. This service is provided by certain qualified unit employees who
have been certified as proficient in shorthand skills of which skill is
regularly utilized in the completion of their duties.
B. QUALIFICATION
1. The Personnel Department will conduct shorthand proficiency tests.
2. The Personnel Department will then certify an eligible list of
qualified unit employees so certified in shorthand skills.
C. COMPENSATION
Unit employees certified in shorthand skills and assigned to a position
requiring shorthand skills as designated by their Department Head shall
receive five percent (5%) above their base hourly rate.
D. ELIMINATION OF SHORTHAND SKILL PAY — GRANDFATHER
CLAUSE
Effective with the starting date of this new MOU, shorthand skill pay will be
eliminated. Current unit employees receiving shorthand skill pay will
continue to receive the five percent (5%) (approximately ten [10] salary
ranges) shorthand skill pay as long as they remain their current
classification/position which require the use of shorthand skills. The
shorthand skill pay will cease upon change of classification/position or
termination of employment with the City.
IX. ENGINEERING IN TRAINING (EIT) CERTIFICATE PAY
A. PURPOSE
The purpose of the Engineering In Training (E1T) Certificate Pay is to
provide certain qualified unit employees with compensation in recognition
of their attainment of this special Engineering Training Certificate.
CCEA MOU 2006 — 2010 Page 16ARTICLE TWO
B. COMPENSATION
Unit employees occupying the following classifications, who possess an
Engineering In Training Certificate, shall be paid ten (10) salary ranges,
approximately five percent (5%), above their base hourly rate:
• Assistant Civil Engineer, or
• Associate Civil Engineer, or
• Plan Check Engineer.
X. CIVIL ENGINEER CALIFORNIA REGISTRATION PAY
A. PURPOSE
The purpose of the Civil Engineer California Registration Pay is to provide
certain qualified unit employees with compensation in recognition of their
attainment of their California Registration as a Civil Engineer.
B. COMPENSATION
Unit employees occupying the following classifications, who possess
California Registration as Civil Engineer, or a PhD in Civil Engineering or
Environmental Engineering, shall be paid twenty (20) salary ranges,
approximately ten percent (10%), above their base hourly rate:
• Assistant Civil Engineer, or
• Associate Civil Engineer, or
• Plan Check Engineer.
C. LIMITATIONS
Unit employees receiving Civil Engineer California Registration Pay shall
not receive Engineering In Training Certificate Pay.
XI. JAIL DUTIES ASSIGNMENT PAY
A. PURPOSE
The purpose of Jail Duties Assignment Pay is to provide compensation to
female unit employees occupying the following classifications, who are
required to perform jail duties with female prisoners as assigned by Police
Management:
• Community Service Officer (CSO),
• Police Records Technicians, or
• Safety Services Communications Operators.
CCEA MOU 2006- 2010 Page 17 CcCI EAARTICLE TWO
B. COMPENSATION
Qualified female unit employees in the following classifications who are
assigned by Police Management to fulfill the temporary duties of the Jail
Duties Assignment shall be paid the equivalent of two (2) hours at their
base hourly rate of pay for each workday so assigned to the Prisoner
Search Assignment:
• Community Service Operator (CSO),
• Police Records Technicians, or
• Safety Services Communications Operators.
C. LIMITATIONS
Jail Duties Assignment Pay, which is equivalent to two (2) hours of base
hourly rate of pay, shall not be construed as additional hours worked for
the purposes of computing eligibility for overtime.
XII. PEST CONTROL ADVISOR PAY
A. PURPOSE
The purpose of Pest Control Advisor Pay is to provide compensation to
certain qualified Pest Control Technicians who obtain and maintain state
licensing as a Pest Control Advisor.
B. COMPENSATION
Qualified Pest Control Technicians who are licensed as Pest Control
Advisors shall be paid ten (10) salary ranges, approximately five percent
(5%), above their base hourly rate of pay.
C. LIMITATIONS
Such Pest Control Advisor Pay shall be eliminated if and when the City
determines that the state requirements have been met by a properly
licensed supervisor or by contract with an outside company.
XIII. NOTARY CERTIFICATION PAY
A. PURPOSE
The purpose of Notary Certification Pay is to provide compensation to
certain qualified unit employees who agree and are assigned to obtain and
CCEA MOU 2006 —2010 Page 18 CCEA
CITYARTICLE TWO
maintain Certification as a Registered Notary as assigned and approved
by their Department Head and the City Manager or designee.
B. COMPENSATION
1. Qualified unit employees who are required to maintain Certification
as a Registered Notary, shall be paid ten (10) salary ranges,
approximately five percent (5%), above their base hourly rate of
pay.
2. The City shall pay for Notary License including training for those
unit employees assigned Notary Certification Pay.
C. LIMITATIONS
1. Notary Certification Pay shall be paid for all hours worked including
overtime and legal holidays.
2. Notary Certification Pay shall not be paid for any hours taken for
comp time, floating holidays, sick leave or vacation.
XIV. FIRE PREVENTION CERTIFICATION PAY
A. PURPOSE
The purpose of Fire Prevention Certification Pay is to provide
compensation to certain qualified unit employees who are required to
obtain and maintain Certification as a Fire Prevention Specialist as a
condition of employment as approved by their Department Head and the
City Manager or designee.
B. COMPENSATION
Qualified unit employees who are required to maintain Certification as a
Fire Prevention Specialist as a condition of employment shall be paid ten
(10) salary ranges, approximately five percent (5%), above their base
hourly rate of pay.
CCEA MOU 2006 — 2010 Page 19ARTICLE TWO
XV. TRAINING ASSIGNMENT PAY
A. PURPOSE
The purpose of Training Assignment Pay is to provide compensation to
any non-supervisory unit employees, who are specifically assigned to train
other unit employees within the same classification.
B. CLASSIFICATIONS NOT ELIGIBLE TO RECEIVE TRAINING
ASSIGNMENT PAY
Bus Operators and Sanitation Drivers are not eligible to receive Training
Assignment Pay, but shall be shall be compensated at fifty cents ($.50)
per hour above their base hourly rate when assigned to train new drivers.
C. RESPONSIBILITY FOR TRAINING ASSIGNMENT PAY
Unit employees specifically assigned to serve as a trainer by Department
Management shall have the following responsibilities:
• Train and supervise new unit employees in the same classification,
• Provide instruction and supervision in the use and operation of
equipment,
• Evaluate employee's job performance, and
• Make recommendations regarding the employee's job performance.
D. ELIGIBILITY FOR TRAINING ASSIGNMENT PAY
1. The unit employee serving as the trainer must conduct the training
assignment for a continuous period of not less than eighty (80)
consecutive scheduled working hours.
2. The unit employee serving as the trainer must be assigned to one
(1) or more employees in the same classification who are:
• Probationary employees (new to the City or division), or
• Regular unit employees who have been transferred or
reassigned to perform substantially different duties or operate
equipment for which they have not previously received training.
E. COMPENSATION
Qualified unit employees who are specifically assigned to train other unit
employees within the same classification shall be paid ten (10) salary
ranges, approximately five percent (5%), above their base hourly rate of
pay.
CCEA MOU 2006 —2010 Page 20 CCEA
CITY/ARTICLE TWO
F. LIMITATIONS
1. Training Pay shall not exceed three (3) months unless an extension
is approved by the Department Head and City Manager or
designee.
2. No unit employee shall receive both Acting Pay and Training Pay at
the same time.
XVI. BUS OPERATORS — SAFETY MEETINGS
A. PURPOSE
The purpose of this provision is to provide compensation to Bus Operators
who are required to attend Safety Meetings as required by Management.
B. COMPENSATION
1. Bus Operators required by Management to attend Safety Meetings
shall be paid a minimum of two (2) hours of pay at their base hourly
rate for each meeting so attended.
2. Any hours paid to Bus Operators as compensation for attending
Safety Meetings shall not be construed as additional hours worked
for the purposes of computing eligibility for overtime.
XVII. NIGHT SHIFT DIFFERENTIAL PAY
A. PURPOSE
The purpose of this provision is to provide compensation to unit
employees whose regular scheduled work shift includes fifty percent
(50%) or more of their scheduled work time between the hours of 6:00 pm
and 6:00 am, herein referred to as Night Shift Differential, as assigned by
Management.
COMPENSATION
Eligible unit employees, except for Bus Operators and Transit Operations
Supervisor, shall be paid Night Shift Differential Pay of five percent (5%),
above their base hourly rate of pay for actual time worked which is:
• Between the hours of 6:00 pm and 6:00 am; and
• Is a minimum of fifty percent (50%) or more of their scheduled work
time.
CCEA MOU 2006 — 2010 Page 21 CCEA CITY YiTVARTICLE TWO
C. LIMITATIONS
1. Night Shift Differential Pay shall not be paid for any work day if for
any reason the unit employee does not work such night shift (i.e.,
administrative leave, bereavement, comp time, emergency leave,
floating holidays, 10D, jury duty, legal holidays, sick leave, vacation,
etc.).
2. Overtime worked:
• Shall be paid at time and one-half of the unit employee's base
hourly rate of pay, and
• Shall not include the five percent (5%) Night Shift Differential
Pay premium.
3. Holidays:
• Shall be paid at the employee's base hourly rate of pay, and
• Shall not include the five percent (5%) Night Shift Differential
Pay premium.
XVIII. EFFECTIVE DATE OF ASSIGNMENT / CERTIFICATION AND/OR SKILL PAY
1. Assignment / Certification and/or Skill Pay as authorized above herein
shall be:
• Effective as of the first day of the pay period following receipt by the
City of proof of the required certificates or registrations; and
• Documented in writing on a Personnel Action (PA) Form approved by
the Personnel and Employee Relations Director or designee.
2. Training Assignment Pay shall be:
• Paid upon the effective date assigned and approved by the appointing
authority, and
• Documented in writing on a Personnel Action Form approved by the
Personnel and Employee Relations Director or designee.
XIX. TEMPORARY ASSIGNMENTS
Assignment pays, skill pays and additional compensation including but not limited
to those referenced herein above:
• Are temporary assignments,
• Are not a separate job classification,
• Do not have civil service status,
• Are not subject to civil service selection procedures, appeals or seniority,
• Do not have any property rights, and
• May be revoked by Management at any time for job related reasons or
operational necessity.
CCEA MOU 2006 — 2010 Page 22
CITY /7ARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. ESTABLISHING AND POSTING WORK SCHEDULES
1. The City shall establish work schedules for unit employees. The work
schedule shall specify the days of the week and the daily starting and
quitting times.
2. Work schedules shall be posted by the City in such a manner so all
employees may be aware of the work schedule.
II. WORK PERIODS
A. SEVEN (7) DAY WORK WEEK
The work period for unit employees, for the purposes of the Fair Labor
Standards Act (FLSA), shall be a fixed and regularly recurring period of
time consisting of one-hundred and sixty-eight (168) consecutive hours
consisting of seven (7) consecutive twenty-four (24) hour periods.
B. SEVEN (7) DAY WORK PERIOD FOR EMPLOYEES ON OTHER THAN
9/80 WORK SCHEDULE, BEGINNING/ENDING
The seven (7) day work period shall begin on Monday at 12:00 a.m. and
end on Sunday at 11:59:59 p.m. except as modified by management.
C. SEVEN (7) DAY WORK PERIOD FOR EMPLOYEES WORKING THE
9/80 WORK SCHEDULE, BEGINNING/ENDING
1. The workweek for unit employees scheduled to work the 9/80 work
schedule shall be defined (for FLSA purposes) as beginning four
(4) hours into their shift on their alternating regular day off.
2. For example, a unit employee working a 9/80 work schedule whose
regular day off is Friday, and who works a schedule from 7:30 a.m.
to 4:30 p.m. on Friday (with one [1] hour for lunch) shall have a
workweek which shall begin at 11:30 a.m. on Fridays and end at
11:29 am. on the following Friday.
CCEA MOU 2006 — 2010 Page 23 CCEA
CITYARTICLE THREE
D. EMPLOYEES SCHEDULED TO WORK FIVE OR FEWER DAYS PER
SEVEN DAY PERIOD
The work week for unit employees scheduled to work a regular week
composed of five (5) or fewer days in a seven (7) day period, the work
period begins Monday at 12:01 a.m. and ends on the following Sunday at
12:00 Midnight.
III. WORK SCHEDULES
A. CITY WORK SCHEDULES
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 assigned by management.
4. 3/12 Work Schedule: The 3/12 work schedule for Jailers and
Safety Service Communications Operators is scheduled each bi-
weekly pay period as follows:
Jailers:
• One (1) Jailer works 6:00 am - 6:00 pm Monday through
Wednesday, plus eight (8) hours every other Sunday; and
• The other Jailer works 5:00 am — 5:00 pm Thursday through
Saturday, plus eight (8) hours every other Sunday.
CCEA MOU 2006 —2010 Page 24 CCEA
CITYARTICLE THREE
Safety Service Communications Operators:
The 3/12 work schedule for Safety Service Communication
Operators shall be either 7:00 am — 7:00 pm or 7:00 pm — 7:00 am,
three (3) days each week, plus an eight (8) hour shift every other
Sunday.
IV. CHANGING OF WORK SCHEDULES
A. NOTICE TO EMPLOYEES
This shall not preclude, following proper notification to unit employees,
other work schedules or the changing of the work schedule including the
utilization of comparable work schedules (e.g., ten [10] hours per day for
four [4] days per week) when the needs of the City so dictate, such as
conformance to operational needs of the department or compliance with
law.
B. TWENTY-ONE (21) CALENDAR DAY NOTICE
The City agrees that work schedules existing as of the effective date of
this MOU will not be changed without a minimum twenty-one (21) calendar
day notice, except (a) in cases of emergency, (b) upon request of the
affected employee, or (c) by mutual agreement of the parties.
C. REQUEST FOR CHANGE IN WORK SCHEDULE
Unit employees may request, with Department Head approval, a different
work schedule.
V. SHIFT TRADING: POLICE DEPARTMENT
1. Unit employees in the Communications and Records Divisions of the
Police Department may request to trade shifts with other unit employees
at a straight time trade, subject to the approval of the supervisor.
2. The supervisor will attempt to implement such requests when he/she
deems possible in accordance with the needs of the department.
VI. BUS OPERATORS WORK SCHEDULE
A. REGULAR ASSIGNMENT
Bus Operators, with a regular assignment, shall have work hours based
on a forty (40) hour work week schedule.
CCEA MOU 2006 —2010 Page 25 CCEA 1-:—*7
CITYARTICLE THREE
B. SPLIT RUN AGREEMENT
Regular and relief Bus Operators who complete an assigned split run shall
be credited with not less than eight (8) hours, and will drive no more than
ten (10) hours, during the first fifteen (15) hours of elapsed time even if the
assignment does not require eight full hours of work.
C. CREATION OF FULL-TIME RUNS
1. As a result of this split-run schedule agreement, the Transportation
Department will be able to revise work schedules to create full-time
runs.
2. The Transportation Director can and will appoint existing regular
part-time Bus Operators from the existing eligible list to fill full-time
probationary positions, consistent with Civil Service Rules.
3. Any part-time employees not appointed in this process must
compete in the Bus Operator examination for future eligibility.
D. USE OF LEAVE TIME ACCRUALS / FORTY(40) HOUR WORK WEEK
PROVISION
If a full-time Bus Operator is absent on an authorized leave of absence
with pay, the appropriate leave credit account will be charged for sufficient
time to meet the guaranteed forty hour/week provision (i.e., if scheduled
for six and one-half hours (6.5) hours, only six and one-half (6.5) hours of
leave credit need be charged, subject to adjustment by such differential
necessary to fill the forty hour workweek).
E. REGULAR PART-TIME BUS OPERATORS PAID ACTUAL HOURS
WORKED
Regular part-time Bus Operators will be paid according to actual hours
worked and hours of leave taken.
VII. OVERTIME
A. DEFINITION AND ELIGIBILITY
1. FULL TIME UNIT EMPLOYEES
Full-time unit employees who work a minimum of eight (8) hours
per day and forty (40) hours per seven-day work period, who are
required to work in excess of their regularly scheduled workday
CCEA MOU 2006 — 2010 Page 26 CCEA
CITYARTICLE THREE
(i.e., eight (8) hours, nine (9) hours, or ten (10) hours), or work
week, shall be paid overtime at one and one-half (1%) times their
hourly rate, except as provided below.
2. REGULAR PART-TIME (RPT) AND FULL-TIME EMPLOYEES
WORKING VOLUNTARY REDUCED WORK SCHEDULES
Regular part-time employees, and full-time employees working a
voluntary reduced work schedule, who are required to work beyond
their established workweek schedule shall be paid overtime at one
and one-half (1|1010|/2) times their hourly rate for all hours worked in
excess of forty (40) hours, when the cumulative hours worked
exceeds forty (40) hours in the seven (7) day work period.
B. PAID LEAVE OF ABSENCE TIME INCLUDED IN WORK TIME
1. Except for Bus Operators and Transit Operations Supervisors, each
workday a unit employee is off duty on an authorized paid leave of
absence; i.e. holiday, vacation leave, sick leave, etc., during the
scheduled workweek shall be considered work time by the unit
employee for the purpose of establishing eligibility for overtime in
the seven (7) day work period.
2. For the purpose of calculating time worked in determining overtime
eligibility for Bus Operators and Transit Operations Supervisors, no
leave of absence time used in the respective workweek shall be
considered time worked.
C. APPROVAL OF OVERTIME
All overtime must be approved in advance by an authorized supervisor.
D. OVERTIME CREDITED IN TENTHS OF HOURS
Overtime shall be credited in tenths of hours. Time so worked of less than
a tenth of an hour shall be considered incidental and shall not be credited.
E. REGULAR DAY OFF WORKED
Unit employees required to work on a regularly scheduled day off shall
receive overtime pay for hours actually worked. The hours so worked shall
not be credited towards the base hours of a work period fcg purposes of
establishing any basis for overtime or other purposes.
'ee
CCEA MOU 2006 - 2010 Page 27 CCEA
CITY/ARTICLE THREE
VIII. BREAK-REST PERIODS WITH PAY FOR UNIT EMPLOYEES EXCLUDING
BUS OPERATORS
A. BREAK — REST PERIOD DEFINED
Break-rest periods must be earned as any other benefit and are computed
at the rate of fifteen (15) minutes per four (4) hours worked or major
fraction thereof.
B. BREAK-REST PERIOD SCHEDULING
1. Break-rest periods are scheduled and/or rescheduled by
management so as not to impair service and as job requirements
dictate.
2. Unit employees, except for Bus Operators and unit employees in
the Police Department, may receive:
• Two (2) paid break-rest periods of fifteen (15) minutes each
for each scheduled work day actually worked; and
• One (1) paid break-rest period of fifteen (15) minutes for
each four (4) consecutive hours of overtime worked.
C. BREAK-REST PERIOD FIFTEEN (15) MINUTE DURATION
The duration of a break-rest period shall consist of fifteen (15) minutes of
cessation of work and will include time involved in going to and from a rest
area unless otherwise authorized by this agreement.
D. LIMITATIONS
1. Break-rest periods are non-cumulative and shall not be added to
any meal time, vacation, or any other form of authorized absence
from work, unless authorized by Management.
2. Break-rest periods may not be used at the beginning or the end of a
work shift unless authorized by management.
IX. MEAL TIME — UNPAID / NON-WORK TIME
A. MEAL TIME SCHEDULING
1. The schedule for meal times shall be determined by management
in consideration of the continuity of services provided to the public
and the convenience of the unit employee.
CCEA MOU 2006— 2010 Page 28 CCEA
CITYARTICLE THREE
2. All unit employees, except for Bus Operators, shall be entitled to
one (1) non-working, unpaid meal time per scheduled work day of
eight (8) or more consecutive hours worked, exclusive of overtime
worked.
B. MEAL TIME ONE (1) HOUR DURATION
1. Except for some field and twenty-four (24) hour operations, as
specified by management, the normal unpaid meal time shall be
one (1) hour in duration.
2. In no case will meal time be permitted to exceed one (1) hour.
C. LIMITATIONS
1. Meal time is non-cumulative and shall not be added to any break-
rest time, vacation, or any other form of authorized absence from
work, unless authorized by Management.
2. Meal time may not be used at the beginning or the end of a work
shift unless authorized by management.
3. All meal time taken is considered non-work time and is unpaid.
X. BREAK-REST PERIODS AND MEAL TIME FOR BUS OPERATORS — STATE
WAGE ORDER #9
A. PURPOSE
The purpose of this section is to comply with State and Industrial Welfare
Commission Wage Order #9, herein in referred to as "Order."
B. REQUIREMENTS
Pursuant to requirements of the Order, the City and the Association have
met and agreed upon the following meal time and rest breaks for Bus
Operators.
C. FULL-TIME RUNS: RECOVERY TIME — MEAL AND REST BREAKS
1. Recovery time is defined as the period after completion of a run
when the bus is stationary and not in service.
CCEA MOU 2006 — 2010 Page 29 CCEA n
CITYARTICLE THREE
2. In scheduling full-time runs (i.e., over five [5] hours in length) for
Bus Operators, the City agrees to include recovery time that is
sufficient to provide for meal and/or rest breaks for the Bus
Operator that cumulatively totals at least forty (40) minutes.
3. For full-time runs over eight (8) hours, the City agrees to include
recovery time that is sufficient to provide for meal and/or rest
breaks for the Bus Operator that cumulatively total at least fifty (50)
minutes.
4. The unpaid time in between non-straight "split shift" runs or
cumulative recovery time on part-time runs (i.e., under five [5] hours
in length) shall serve as the Bus Operator meal and/or rest breaks.
D. UNREALIZED RECOVERY TIME
1. From time-to-time, due to traffic conditions, accidents and other
incidents beyond the control of the City, a Bus Operator on a
full-time run may not receive any or all of the cumulative recovery
time.
2. The Bus Operator shall then contact a Transit Operations
Supervisor and complete and sign a form claiming the "unrealized"
recovery time.
3. Upon approval of the claim by the Transit Operations Manager, the
Bus Operator shall receive straight time compensation for the time
not realized at their regular rate of pay.
E. VERIFICATION OF UNREALIZED RECOVERY TIME CLAIMS
1. The City reserves the right to verify any claims by Bus Operators
for unrealized recovery time, including the use of Automatic Vehicle
Locator (AVL) technology.
2. The City reserves the right to impose disciplinary action, up to and
including removal from employment with the City, for the filing of
false claims for unrealized recovery time compensation.
F. CUMULATIVE UNREALIZED RECOVERY TIME — EFFECTIVE FAST
BID 2006
1. In order to allow the City time to ensure to the maximum extent
possible that its Bus Operators receive sufficient cumulative
recovery time for meal and/or rest breaks, this provision will not
take effect until the first bid of calendar year 2006.
CCEA MOU 2006 — 2010 Page 30 CCEA
Crry/ARTICLE THREE
2. During this period, the City shall consult with its Bus Operators to
determine any schedule or route modifications that may ensure
sufficient recovery time for meal and/or rest breaks.
G. GRIEVANCES — BUS OPERATORS MEAL AND REST BREAKS
1. Any Bus Operator dispute specifically only concerning the City's
application of meal and rest breaks, which is not resolved through
the City's grievance procedure as agreed to by the City and CCEA,
shall be submitted to final and binding arbitration.
2. Should the grievance be unresolved through the City's grievance
procedure, specific provisions for the final and binding arbitration
process will be determined between the City and CCEA to resolve
Bus Operator disputes specifically only concerning the application
of meal and rest breaks.
XI. CALL BACK OVERTIME (UNSCHEDULED)
A. PURPOSE
1. Call-back work is unscheduled time worked performed by an off-
duty unit employee called-back to work after they have completed
their regular work schedule and have left work or are on there day
off.
2. Such assignments or call backs shall include emergency purposes
or required attendance at meetings of the City Council,
Commissions, Committees or other official bodies as approved by
the City Manager.
3. The City shall, when possible, make available to qualified unit
employees an equitable distribution of call-back overtime within
their assigned section.
B. COMPENSATION
1. All call-back overtime shall be paid at one and one-half (1%) times
the unit employee's base hourly rate of pay.
2. Unit employees shall be guaranteed a minimum credit of two (2)
hours of overtime, payable at one and one-half (1%) times the
employees' base hourly rate of pay.
CCEA MOU 2006 — 2010 Page 31 CCEA
CITYARTICLE THREE
C. LIMITATIONS
1. This two (2) hours guaranteed minimum shall not apply to
emergencies which occur within two (2) hours of the start of the unit
employees' regular work schedule.
2. Unit employees must physically return to the worksite in order to
receive call-back pay.
Unit employees assigned or called back to work beyond their
regular work day schedules shall be paid overtime pay
commencing at the time of reporting for duty.
XII. STAND-BY PAY
A. PURPOSE
Stand-by assignment is required of certain off-duty unit employees
designated by management. Designated unit employees must be
accessible by phone or other methods approved by management and
must reside within a response time approved by Management.
B. COMPENSATION
The compensation for such stand-by time will be equivalent to ten (10)
hours of straight-time pay at the unit employee's base hourly rate of pay
for each seven (7) assigned day period.
C. LIMITATIONS
1. Stand-by assignments will be limited to those public services which
must have emergency response during off-duty hours.
2. City will compensate unit employees specifically required to be on
stand-by duty under the conditions described below:
• Unit employees must be formally assigned for a specific period
of time, not less than seven (7) assigned days in duration; and
• Unit employees must be available and must respond to any call-
back while so assigned; and
• The consumption of alcoholic beverages during an assigned
stand-by period is prohibited, as is any use of illegal drugs or
other incapacitating medication; and
• Violation of the above shall invalidate the employee's eligibility
for stand-by compensation for that period, in addition to any
disciplinary action which is warranted.
CCEA MOU 2006 — 2010 Page 32
a
CCEA
CITY /ARTICLE THREE
• The City may, in its discretion, provide a paging device
("beeper") to an assigned employee, which shall be his/her
responsibility during such assignment (loss or damage due to
negligence will result in employee replacing or paying for the
paging device).
D. NOT ELIGIBLE FOR STAND-BY PAY
1. It is agreed that other unit employees may have a responsibility to
respond to paging or phone messages, and if contacted may be
ordered to respond under the call-back provisions of the MOU, but
are not required to stand-by under the terms of this Agreement.
2. The use of pagers is voluntary unless the employee is placed in
stand-by assignment.
XIII. COURT STAND-BY "ON-CALL" TIME ASSIGNMENT PAY
A. PURPOSE
1. Court Stand-by "On-Call" Time is non-worked time required of an
off-duty unit employee by a court of competent jurisdiction or an
administrative tribunal ordering the affected unit employee to
appear or to stand-by on-call and be available for such purpose at a
location other than the location specified in the subpoena between
the hours of 8:00 a.m. and 5:00 p.m. unless other stand-by times
are ordered by the court or administrative tribunal.
2. Unit employees placed on court stand-by "on-call" time during their
off-duty time are required to be accessible by telephone or by other
methods approved by management. They can appear at court in a
reasonable amount of time if so ordered by the court or
administrative tribunal.
B. COMPENSATION
1. The Court Stand-by compensation will be equivalent to two (2)
hours of straight-time at the unit employee's base hourly rate of pay
for each three (3) hour period (i.e., 9:00 a.m. to Noon, and 1:00
p.m. to 4:00 p.m.).
2. Such compensation shall not be considered pay for hours worked.
CCEA MOU 2006 —2010 Page 33 CCEA
CITYARTICLE THREE
3. The maximum compensation for any Court Stand-by day will be
equivalent to four (4) hours at the straight-time at the unit
employee's base hourly rate of pay.
C. LIMITATIONS
1. City will provide compensation for court stand-by (voluntary on-call
status when subpoenaed for testimony) under the conditions
described below:
• Court stand-by compensation will be available when the
court is in session and the unit employee is on-call during
his/her off-duty time; and
• Court stand-by does not apply to Civil Service Hearings; and
• The City may require the unit employee to report to work
rather than allowing the employee to wait at home; and
• If the on-call unit employee reports to work or to court on an
overtime basis, he/she shall receive the greater of the actual
overtime or the court stand-by pay, not both; and
• Minimum call-back provisions do not apply to Court Stand-by
status.
2. Court Stand-by status is subject to verification by the City.
3. It is the unit employee's responsibility to maintain contact with the
Court and respond if called.
4. Failure to be available or to report when called will cause forfeiture
of Court Stand-by pay.
5. If such voluntary "on call at home" elections are determined by the
Department of Labor or court of competent jurisdiction to be hours
worked within the definition of the Fair Labor Standards Act (FLSA)
and, therefore, subject to overtime compensation, the option of
being at home on-call shall be nullified, and the unit employee will
report to work when subject to a court subpoena.
XIV. ASSIGNMENT OF OVERTIME
Except as otherwise provided for in this Agreement, Management retains the
right to determine the assignment of overtime or stand-by to any qualified unit
employee.
CCEA MOU 2006 — 2010 Page 34 CCEA
CITYARTICLE THREE
XV. COMPENSATORY TIME
A. ELIGIBILITY
Unit employees may choose to have overtime hours worked converted to
compensatory time in-lieu of overtime payment.
B. AUTHORIZATION
When specifically authorized in advance by the City Manager, appointing
authority or designee, and when operational scheduling and staffing
permits, unit employees may be allowed to accumulate and use
compensatory time off in-lieu of pay for overtime hours worked.
C. ACCUMULATION OF COMPENSATORY TIME BANK
1. Compensatory time will be accumulated on the basis of one-and-
one-half (1%) hours for each one (1) hour worked in excess of the
scheduled workday or workweek.
2. The maximum number of compensatory hours that may be
accumulated is one hundred twenty (120) hours at the straight time
hourly rate (i.e., 80 hrs X 1.5 = 120 compensatory time hours paid
at the straight time rate), which may be carried indefinitely and used
as time off, or which may be paid to the unit employee upon
separation from service for any reason.
3. Once the maximum has been accumulated, any additional
compensatory overtime accrual submitted through payroll will be
automatically paid to the unit employee on the succeeding
paycheck, or may be deferred by prior arrangement to the
employee's deferred compensation savings account.
D. SCHEDULING AND USE OF COMPENSATORY TIME
1. The scheduling of compensatory time off shall be handled as the
scheduling of vacation time off.
2. Accumulated compensatory time may be utilized as paid leave on a
straight time hour for hour basis at the mutual convenience of
management and the unit employee.
3. All compensatory time utilized as paid leave by a unit employee
shall be debited from the unit employee's compensatory time bank.
CCEA MOU 2006 — 2010 Page 35
CCEA CITY7/7‘%"ARTICLE THREE
E. PAY OUT OF COMPENSATORY TIME UPON SEPARATION FROM
SERVICE
In the event of separation from service for any reason, the unit employee
shall be entitled to cash payment of one-hundred percent (100%) of
accumulated compensatory time paid at the unit employee's straight time
base hourly rate.
XVI. TIME RECORDS
The City shall provide for the maintenance of records of time worked including
overtime, time docked, time on leave of absence, and compensatory time
accumulated. Reporting of time worked for all purposes (i.e., using and/or
accruing leave of absence credit) involving fractions of hours shall be reported in
tenths (1/10) of hours.
CCEA MOU 2006 — 2010 Page 36 CCEA
CI -FY 7CCEA MOU 2006 — 2010 Page 37
ARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. RETIREMENT
A. PERS RETIREMENT BENEFITS
As of the effective date of this M.O.U. the City agrees to provide
retirement benefits to eligible unit employees under the California Public
Employees' Retirement System (PERS) as follows:
GOVER_ NIVI Ekii,
CODE S ECT ION BENEFIT
20037
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 Ade 55: Base retirement plan of two and one-half
percent (2.5%) at age 55 for all eligible unit employees.ARTICLE 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, 1111400 — GH DECEMBER 3
PERS 2.5% AT AGE 55 RETIREMENT BENEFIT
1. The PERS employee contribution of eight
established by State legislation.
percent (8%) is
2006, FOR THE
2. In order to help fund the additional cost incurred by the City by the
adoption of the PERS two and one-half percent, 2.5% at Age 55
retirement formula 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 a bi-weekly
payroll deduction.
3. The City shall pay the remaining seven percent (7%) of the PERS
employee contribution rate. The eight percent (8%) PERS
employee contribution rate is non-PERSable.
4. It is understood that the one percent (1%) cost paid by each unit
employee represents twelve and one-half percent (12.5%) of the
PERS employee contribution rate of eight percent (8%).
5. The City continues to pay all other PERS costs related to PERS
benefits provided by the City.
6. 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.|109| In the event a court of competent jurisdiction has determined that
this retirement contribution plan cannot be continued, the parties
CCEA MOU 2006 —2010 Page 38 CCEAARTICLE FOUR
hereto agree to meet and confer to determine an alternate
retirement contribution plan into which the City agrees to pay an
amount equal to seven percent of the employee's base salary.
C. COST SHARING PLAN, E#FECTIVE JANUARY , 2004 FOR PERS
2.5% AT AGE 55 AND ONE-YEAR FINAL COMPENSATION
RETIREMENT BENEFITS
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 due to
the adoption of the PERS two and one-half percent, 2.5% at Aqe 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. In the event a court of competent jurisdiction has determined that
this retirement contribution plan cannot be continued, the parties
hereto agree to meet and confer to determine an alternate
retirement contribution plan into which the City agrees to pay an
amount equal to seven percent of the employee's base salary.
CCEA MOU 2006 — 2010 Page 39 CCEA
CITYARTICLE FOUR
III. 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 Association 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 Association 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 through December 31, 2006, the City contribution for medical
insurance provided through the PERS Health plan shall be set at an
amount equal to Kaiser Los Angeles Region rates (Employee/retiree,
Employee/Retiree and Spouse, and Employee/retiree and Family, as
applicable) plus fifty percent (50%) of the difference between Kaiser Los
Angeles Region rates and the most expensive plan rates. Employees and
retirees selecting plans with premiums in excess of the City contribution
shall be responsible for the remaining premium difference.
CCEA MOU 2006 —2010 Page 40 CCEAARTICLE FOUR
D. MEDICAL INSURANCE PREMIUMS — ACTIVE AND FUTURE RETIRED
EMPLOYEES - EFFECTIVE "JANUARY 1 2007
Effective with the pay period that includes January 1, 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
Unit employees who have completed a minimum total of five (5) years,
equivalent to a minimum of ten-thousand four hundred (10,400) hours
excluding overtime, of paid service time with the City of Culver City shall
be eligible to participate in the City's retiree medical insurance plan upon
their retirement from the City of Culver City.
IV. 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.
A. EMPLOYEE SPOUSES / DEPENDENTS NOT ELIGIBLE FOR OPT
OUT
1. For these 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.
CCEA MOU 2006 —2010 Page 41
CCEA
CITY /
t/yARTICLE FOUR
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 as permitted by the
insurance carrier. Coverage will commence per the plan document.
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.
CCEA .6:76
CITY/ 7,e?c,fr
CCEA MOU 2006 - 2010 Page 42ARTICLE FOUR
V. DENTAL INSURANCE
The City will pay the full monthly premium for dental insurance for unit employees
and eligible dependents.
VI. VISION CARE INSURANCE
The City will pay the full monthly premium for vision care insurance for
employees and eligible dependents.
VII. LIFE INSURANCE
1. The City will pay the full monthly premium for unit employees for Term Life
Insurance Group Coverage of $50,000.
2. Retirees shall be allowed to continue to participate in the City Life
Insurance Program at their own expense.
VIII. 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.
2. The City agrees to meet and confer with CCEA over any City-proposed
change in the benefit levels of dental, life or vision care insurance during
the term of this agreement, or if the City proposes to leave the PERS
Health Benefit Plan.
IX. 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.
2. Pursuant to Section 125 unit employees may contribute pre-tax
earnings into these accounts.
CCEA MOU 2006 —2010 Page 43 CCEA
CITY/ARTICLE FOUR
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
31 st, 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.
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.
CCEA MOU 2006 —2010 Page 44 CCEAARTICLE FOUR
X. STATE DISABILITY INSURANCE (SDI)
1. The City will provide unit employees with State Disability Insurance (SDI)
by payroll deduction from the unit employees' paycheck.
2. The amount deducted is set forth by the State.
3. Fifty percent (50%) of the total amount deducted each pay period will be
reimbursed to unit employees on each bi-weekly paycheck.
Example: If the cost to the unit employee is $20.00 per pay period, the
City shall reimburse the unit employee $10.00 per pay period.
XI. UNIFORMS AND UNIFORM ARTICLES: REGULAR PART-TIME (RPT) BUS
OPERATORS
A. UNIFORM ARTICLES SUPPLIED BY THE CITY TO RPT BUS
OPERATORS
1. The following uniform articles will be furnished to RPT Bus
Operators, via a credit voucher:
• Two (2) dress shirts, long shirt or short sleeve; and
• Two (2) knit shirts; and
• Two (2) uniform pants.
2. The credit voucher is available up to one (1) week prior to
appointment as an RPT bus Operator.
3. The credit vouchers have no cash value.
4. No substitutions of uniform articles are permitted.
B. OTHER REQUIRED UNIFORM ARTICLES SUPPLIED BY THE CITY TO
RPT BUS OPERATORS
1. The following uniform articles shall be supplied by the City to RPT
Bus Operators:
• Transfer Punch (if the Bus Operator does not already have one)
• Restroom Key (DLX)
• Locker Key
2. All uniform articles provided by the City shall be returned to the City
upon separation/termination from the City.
CCEA MOU 2006 —2010 Page 45ARTICLE FOUR
C. REQUIRED UNIFORM ARTICLES SUPPLIED BY THE RPT BUS
OPERATOR
1. The following uniform articles are required pursuant to the Culver
City Bus Operators Manual, as amended, to be purchased at the
unit employee's expense from the vendor authorized by the City or
at no expense from the Transportation Department. A recycle
program is available:
Additional dress shirts, long or short sleeve Shoes or Boots
Additional knit shirts Socks
Jacket or sweater Belt
Railroad Approved Watch Pants
Bag for carrying supplies needed while on duty
(i.e., transfers, accident packets, paddles, etc.)
2. Uniform articles obtained from the recycle program shall be
returned to the City upon separation/termination.
D. OPTIONAL UNIFORM ARTICLES SUPPLIED BY THE RPT BUS
OPERATOR
The following uniform articles are optional pursuant to the Culver City Bus
Operators Manual, as amended, to be purchased at the unit employee's
expense from the vendor authorized by the City:
Caps, hats, berets
Gloves
Key holder
Name Tag
Ties
XII. UNIFORMS AND UNIFORM ARTICLES: PROBATIONARY AND PERMANENT
BUS OPERATORS AND TRANSIT OPERATIONS SUPERVISORS
A. REIMBURSEMENT TO PROBATIONARY UNIT EMPLOYEES
1. The City will reimburse probationary unit employees in the
classifications of Bus Operator and Transit Operations Supervisor
up to three hundred and fifty dollars ($350) for the purchase of
uniforms and uniform articles from the vendor authorized by the
City:
• upon successful conclusion of the probationary period; and
• presentation of itemized receipts to the unit employee's
supervisor, from the vendor authorized by the City.
CCEA MOU 2006 —2010 Page 46
CITY 'ARTICLE FOUR
2. Reimbursement is made in a lump sum by a warrant check:
B. CITY ISSUED CREDIT VOUCHER TO PERMANENT EMPLOYEES
1. Upon passing probation, the City will provide full-time unit
employees in the classifications of Bus Operator and Transit
Operations Supervisor, a credit voucher of five hundred dollars
($500) - effective January 2008, the amount of the voucher shall
increase to five hundred and fifty dollars ($550) - to purchase the
following uniform articles, required pursuant to the Culver City Bus
Operators Manual, as amended, from the vendor authorized by the
City:
Railroad Approved Watch
Shoes or boots
Socks
Ties
Trouser belt
Trousers
Caps, hats, berets
Dress shirts, long or short sleeve
Gloves
Jacket or sweater
Key holder
Knit shirts
Name tag
Transfer Punch
Bag for carrying supplies needed while on
duty (i.e., transfers, accident packets,
paddles, etc.)
2. In addition to purchasing uniform articles, the annual five hundred
dollar ($500) credit voucher, which increases to five hundred and
fifty dollars ($550) in January 2008, may also be used towards the
reimbursement for the cost of dry cleaning required uniform articles,
upon presentation of receipt(s) to their supervisor clearly identifying
the uniform articles.
3. Thereafter, in July of each calendar year, unit employees in the
classifications of Bus Operator and Transit Operations Supervisor
shall receive a credit voucher of five hundred dollars ($500), which
increases to five hundred and fifty dollars ($550) in January 2008,
to purchase uniform articles from the vendor authorized by the City
including reimbursement for the cost of dry cleaning uniform
articles, upon presentation of a receipt to their supervisor clearly
identifying the uniform articles.
CCEA MOU 2006 — 2010 Page 47 CCEA
CITYARTICLE FOUR
XIII. UNIFORM ALLOWANCE / REIMBURSEMENT: DESIGNATED CLASSIFICATIONS
A. UNIFORM REIMBURSEMENT: PROBATIONARY EMPLOYEES IN
CERTAIN DESIGNATED CLASSIFICATIONS
Probationary employees into the following designated classifications shall
be reimbursed up to three hundred and fifty dollars ($350) for the initial
purchase of uniform items upon presentation of a receipt to their
supervisor clearly identifying the uniform articles:
Business Tax Inspector Jailer
Code Enforcement Officer Parking Enforcement Officer
Fire Prevention Specialist Police Records Technician
Identification Technician Safety Service Communications Operator
B. UNIFORM ALLOWANCE: PERMANENT EMPLOYEES IN CERTAIN
DESIGNATED CLASSIFICATIONS
Permanent employees in the following designated classifications shall be
paid an annual lump sum, not to exceed six hundred dollars ($600) —
effective January 2008, the annual lump sum shall increase to six hundred
and fifty dollars ($650) - in the first full pay period in January each
calendar year to replace uniform articles as needed:
Business Tax Inspector Jailer
Code Enforcement Officer Parking Enforcement Officer
Fire Prevention Specialist Police Records Technician
Identification Technician Safety Service Communications Operator
C. UNIFORM REIMBURSEMENT: COMMUNITY SERVICES OFFICER (CSO)
Unit employees in the classification of Community Services Officer may be
reimbursed up to three hundred and fifty dollars ($350) annually for
uniform expenses upon presentation of a receipt to their supervisor clearly
identifying the uniform articles.
D. UNIFORMS ISSUED TO UNIT EMPLOYEES IN DESIGNATED
CLASSIFICATIONS
1. The issuance of a required uniform is based upon the job
classification as assigned by Management.
2. Unit employees newly hired ;nto the job classifications designated
below will be issued eleven (11) shirts and eleven (11) pants.
cc
CCEA MOU 2006 - 2010 Page 48 CCEA
CITY/ARTICLE FOUR
3. Unit employees in the job classifications designated below are
required to wear identifiable uniform clothing at all times while on
duty.
4. Laundry service for City issued uniforms is provided weekly at no
charge to unit employees in the job classifications designated
below.
5. The City shall be responsible for the replacement of damaged or
worn out uniform items.
6. Unit employees shall be responsible for the payment of lost uniform
items, unless otherwise approved by Management.
7. On or about May 1 of each year, the City will provide five (5) City
logo t-shirts to each of the job classifications designated in this
section for use during working hours only during the summer
months, May through September.
8. Colors shall correspond to the department and/or division.
9. T-shirts will not be replaced if damaged or lost, unless otherwise
approved by Management.
11. If t-shirts are lost or damaged, the designated unit employee(s) will
be required to wear regular uniform shirts.
12. Unit employees shall be responsible for cleaning and maintaining
the t-shirts.
13. The City will provide each unit employee in the designated
classifications below with one (1) uniform jacket for cold weather.
E. CLASSIFICATIONS DESIGNATED FOR UNIFORMS
The classifications designated for uniforms are as follows:
Building Engineer
Building Services Specialist
Cement Finisher
Equipment Maintenance Supervisor
Equipment Service Worker
Facilities Lead Worker
Facilities Maintenance Worker
Heavy Equipment Operator
Heavy Truck Driver
CCEA MOU 2006 —2010 Page 49
Pest Control Officer
Photo Enforcement Technician
Pool Maintenance Technician
Property Technician
Sanitation Collector
Sanitation Crew Supervisor
Sanitation Driver
Sanitation Roll-off Driver
Scout Vehicle OperatorEE
CCEA CITY CCEA Ee
Cl
ARTICLE FOUR
HVAC Maintenance Worker
Irrigation Maintenance Technician
Laborer
Maintenance Carpenter
Maintenance Electrician
Maintenance Painter
Maintenance Plumber
Maintenance Worker I
Maintenance Worker II
Parking Meter Technician
Park Maintenance Crewleader
Park Patrol Officer
Mechanic
Mechanic Assistant
Senior Maintenance Worker
Senior Tree Maintenance Worker
Sewage Lift Station Worker
Street Light Technician
Street Maintenance Crewleader
Subdrain Crewleader
Subdrain Worker
Traffic Painter
Traffic Painting Crewleader
Traffic Signal Technician
Warehouse Supervisor
Warehouse Wrkr/Delivery Driver
Welder
F. UNIFORM ALLOWANCE/REIMBURSEMENT VALUE REPORTED TO
PERS FOR UNIT EMPLOYEES IN DESIGNATED CLASSIFICATIONS
1. The value of the required uniform shall be reported to PERS on
behalf of the unit employees in the designated classifications in
Public Works, PR & CS, and Sanitation.
2. The total value of issued t-shirts and pants reported to PERS shall
be four dollars and eighty cents ($4.80) per pay period, regardless
of the number of dress shirts and pants issued.
3. The total value of issued dress shirts and pants reported to PERS
shall be nine dollars and sixty cents ($9.60) per pay period,
regardless of the number of dress shirts and pants issued.
4. Each eligible job classification, as determined by Management,
shall receive either the value of t-shirts and pants ($4.80), or dress
shirt and pants ($9.60), but not both.
G. UNIFORM REIMBURSEMENT: DISABLED TRANSFERRED UNIT
EMPLOYEES
Incumbent unit employees who have been transferred to one of the
designated positions pursuant to the City's Disability Transfer Rule and
who are not probationary may request reimbursement for the initial supply
of required uniform articles.
CCEA MOU 2006 -2010 Page 50ARTICLE FOUR
XIV. UNIFORM ALLOWANCE REQUIREMENTS
A. LIMITATIONS
1. Uniform allowances shall cover all uniform items not provided by
the City as safety equipment or for identification.
2. Shoes meeting departmental standards may be purchased within
this allowance.
3. Uniform allowances may be used for dry cleaning costs of uniform
items.
B. UNIFORMS ARE PROPERTY OF THE CITY
1. All uniforms provided by the City shall remain the property of the
City.
2. All uniforms provided by the City shall be returned to the City
whenever a unit employee terminates their employment with the
issuing Department.
XV. UNIFORM ALLOWANCE AND UNIFORM REIMBURSEMENT: PERSABLE /
NON-PERSABLE
A. PERSABLE / NON-PERSABLE
1. All uniform allowances and uniform reimbursements to unit
employees shall be considered PERSable up to the amount set
forth in this Agreement.
2. Personal health and safety items such as protective vests, pistols,
bullets, and safety shoes are non-PERSable.
B. UNIFORMS: CITY PAID PERS EMPLOYEE RATE
The City agrees to pay the PERS employee seven percent (7%)
contribution as required for the value of uniforms provided or reimbursed
by the City.
CCEA MOU 2006 — 2010 Page 51 CCEA
CITYCCEA MOU 2006 — 2010 Page 52
ARTICLE FOUR
XVI. PRACTICE AMMUNITION FOR JAILERS
The City will provide practice ammunition to Jailers who are authorized to carry
weapons on the job.
XVII. SAFETY EQUIPMENT
A. SAFETY EQUIPMENT: CITY ISSUE AND/OR REPLACE
The City will issue and replace as needed, all items of equipment the City
deems necessary for a unit employee to safely perform the duties required
of the unit employees' classification.
B. SAFETY SHOES
1. If required by the City, safety shoes shall be provided to unit
employees upon appointment to a designated classification
requiring safety shoes.
2. Safety shoes shall be replaced by the City if damaged or rendered
unusable in the course of employment.
3. The list of designated classifications/positions required to wear
safety shoes is determined by affected Department Heads, Risk
Management and approved by the City Manager.
4. The maximum amount the City will reimburse (non-PERSable)
designated unit employees, for the purchase of safety shoes every
six (6) months is as follows, except as approved by the Department
Head under extenuating circumstances. The designated unit
employee shall bear any cost above the maximum reimbursement
as follows:
Maximum Reimbursement (Non-PERSable)
Type of Shoe: Thru 12/31/06 Eff. Jan 1 '07 Eff. Jan. 1, '10
Electrical Hazard $150 $175 $200
General Safety $150 $175 $200
Waterproof (Subdrain) $225 $250 $275
5. Safety shoes remain the property of the City while assigned to
designated unit employees.ARTICLE FOUR
C. PRESCRIPTION SAFETY GLASSES
1. Prescription safety glasses will be provided for those unit
employees in designated classifications/positions determined to be
required by affected Department Heads, Risk Management and
approved by the City Manager.
2. The City shall provide frames from Risk Management and will
reimburse designated unit employees, upon proof of purchase and
receipt, as follows:
MAXIMUM
REIMBURSEMENT
$ 70.00
$ 85.00
$150.00
TYPE OF LENSE
Single vision prescription safety lenses:
Double vision prescription safety lenses:
Progressive vision prescription safety lenses:
D. LIMITATIONS
All safety equipment/items will be used only on City business.
2. Safety equipment/items will be left at designated City facilities while
not in use.
3. The value of safety equipment/items is non-PERSable.
XVI. PROTECTIVE ARTICLES
A. CITY ISSUED PROTECTIVE ARTICLES: PARKING ENFORCEMENT
OFFICER
Unit employees in the classification of Parking Enforcement Officer may
use the uniform allowance to purchase protective vests for use on the job,
or may use tactical entry vests which will be made available.
CITY ISSUED PROTECTIVE ARTICLES: JAILER
The City will provide one (1) new bullet-proof vest (the type worn under a
uniform shirt or blouse) to any Jailer who requests one.
C. LIMITATIONS
1. The City will issue unit employees protective articles that the City
deems necessary.
CCEA MOU 2006 — 2010 Page 53
CITY(
—ARTICLE FOUR
2. Such protective articles will be used only on City business.
3. Such protective articles will be left at designated City facilities while
not in use.
XVIII. MECHANIC TOOLS
A. REIMBURSEMENT FOR MECHANIC TOOLS — NON-PERSABLE
1. The City shall reimburse unit employees in the following
classifications up to two hundred dollars ($200.00) per calendar
year — effective Januaty 2008, shall increase to three-hundred
dollars ($300) per calendar year - with proof of purchase and
receipt, for tools purchased:
• Equipment Maintenance Supervisor
• Mechanic
• Mechanic Assistant
• Equipment Service Worker
2. For these mechanic job classifications, certain journey-level tools
are to be maintained by the unit employees.
3. If these mechanic tools are broken during the normal course of
work, they will be replaced at the City's expense.
4. If the mechanic tools are covered by a manufacturer's warranty
replacement, this warranty will supersede the City replacing the
tool.
5. If the unit employee provides the Equipment Service Manager a
tool inventory, and maintains this inventory with regular updates,
the City will replace the tool free of charge when a specific tool is
lost or stolen, upon submission of proof of ownership.
XIX. 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.
Page 54 CCEA CITY (,4k4,111---
CCEA MOU 2006 — 2010ARTICLE FOUR
XX. 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.
)0(1. EMPLOYEE DEVELOPMENT AND TRAINING
A. SELF-DEFENSE TRAINING: SAFETY SERVICES COMMUNICATION
OPERATORS / POLICE RECORDS TECHNICIAN
The City will provide self-defense training to unit employees in the
following classifications to assist them in safely performing their
occasional matron duties:
• Safety Services Communication Operators
• Police Records Technicians
B. CITY PAID CERTIFICATION COURSES, PROGRAMS AND/OR
LICENSE FEES
1. The City will include sufficient funds in the respective department
budgets to cover the fees or costs for the certification courses,
programs or licenses which may be required for the following
classifications:
Classification Course, Prog ram, License
Identification Technician: Crime Scene Analyst and/or Latent Print Examiner
Irrigation Technician: Back-Flow Inspection Certification
Pest Control Technician: Certified Pest Control Applicator
2. Designated unit employees will be required to maintain such
certifications or licenses, once achieved, as a condition of
employment.
C. 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.
CCEA MOU 2006 — 2010 Page 55 CCEA
CITYARTICLE FOUR
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.
)0C11. 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.
CCEA MOU 2006 —2010 Page 56 CCEA CITY (7ARTICLE 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.
II. 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 comp time, 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, comp time, 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.
CCEA MOU 2006 — 2010 Page 57 CCEA
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. HOLIDAYS
A. OFFICIAL PAID CITY HOLIDAYS: FULL-TIME BENEFITED UNIT
EMPLOYEES
1. Official Paid City Holidays for full-time, benefited unit employees
shall be:
• Considered eight (8) hours leave with pay, or
• Equal to the actual number of regularly scheduled workday
hours that fall on an Official City Holiday for unit employees
with regularly scheduled workdays exceeding eight (8) hours.
• Included for the purpose of calculating the base for overtime,
with the exception of Bus Operators and Transit Operations
Supervisors.
• Paid at the overtime rate when a unit employee is required to
work on an Official Paid City Holiday.
2. Unit employees shall not receive overtime credit for both the
Official Paid City Holiday and actual hours worked.
CCEA MOU 2006 — 2010 Page 58 CCEA
CITY'ARTICLE FIVE
B. OFFICIAL PAID CITY HOLIDAYS: REGULAR PART-TIME (RPT)
EMPLOYEES
1. Official Paid City Holidays for Regular Part-time (RPT), benefited
unit employees shall be:
• The number of hours less than eight (8) hours, and
• In the same proportion as their regularly scheduled workweek
is to forty (40) hours, rounded to the nearest half (1/2) hour.
Example: An RPT employee regularly works thirty-five (35) hours per
week which is equivalent to eighty-seven and one-half percent (87.5%)
of a forty (40) hour work week; therefore, the RPT employee's Official
Paid City Holiday would be seven (7) hours which is equivalent to eighty-
seven and one-half percent (87.5%) of an eight (8) hour work day.
2. Unit employees shall not receive overtime credit for both the
Official Paid City Holiday and actual hours worked.
C. OFFICIAL PAID CITY HOLIDAYS FOR UNIT EMPLOYEES EXCEPT
FOR DESIGNATED SANITATION CLASSIFICATIONS
1. The Official City Paid Holidays for unit employees (except for
designated Sanitation classifications) 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)
• Forty (40) hours of Floating Holiday time each fiscal year
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.
CCEA MOU 2006 — 2010 Page 59 CCEA
CITYARTICLE FIVE
4. When an Official Holiday falls on a Saturday, the Friday
immediately preceding the Saturday shall be deemed to be the
day of the Official Paid City Holiday.
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.
D.
OFFICIAL PAID CITY HOLIDAYS FOR DESIGNATED SANITATION
CLASSIFICATIONS
1. Official Paid City Holidays for unit employees in the classifications
of Sanitation Crew Supervisor, Sanitation Driver, Roll-Off Driver,
Sanitation Dispatcher, Scout Vehicle Operator, (Sanitation) Heavy
Truck Driver, Sanitation Collector, Heavy Equipment Operator,
and Laborer, shall be as follows:
• New Year's Day (First day in January)
• Martin Luther King Day (Third Monday in January)
• Memorial Day (Last Monday in May)
• Independence Day (Fourth day of July)
• Labor Day (First Monday in September)
• Veterans' Day (Eleventh day of November)
• Thanksgiving Day (Fourth Thursday in November)
• Friday after Thanksgiving Day
• Christmas Day (Twenty-fifth day of December)
• Thirty-two (32) hours of Floating Holiday time each fiscal year
for full-time unit employees, or a number of pro-rated hours for
RPT employees, in designated Sanitation classifications.
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 of the Official Paid City Holiday.
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.
CCEA MOU 2006 —2010 Page 60 CCEA
CITY/ARTICLE FIVE
E. FLOATING HOLIDAY LEAVE TIME
1. Full-time benefited unit employees shall be eligible to receive forty
(40) hours of paid Floating Holiday leave time each fiscal year.
2. Full-time benefited unit employees in the classifications of
Sanitation Crew Supervisor, Sanitation Driver, Roll-Off Driver,
Sanitation Dispatcher, Scout Vehicle Operator, (Sanitation) Heavy
Truck Driver, Sanitation Collector, Heavy Equipment Operator,
and Laborer shall be eligible to receive thirty-two (32) hours of
paid Floating Holiday leave time each fiscal year.
3. Regular part-time, benefited unit employees, excluding Sanitation
RPT's, shall be eligible to receive floating holiday hours each
fiscal year using a prorated formula based on the number of hours
scheduled to work each week:
An example of how floating holiday leave time is calculated and
prorated for an RPT employee is as follows:
An RPT employee scheduled to work thirty-five (35) hours per
week would be eligible to receive thirty-five (35) hours of floating
holiday leave time in a fiscal year, based on a forty (40) hour
accrual.
4. An example of how floating holiday leave time is calculated and
prorated for a Sanitation RPT employee is as follows:
A Sanitation RPT employee scheduled to work thirty—five (35)
hours per week would be eligible to receive twenty-eight (28)
hours of floating holiday leave time in a fiscal year, based on a
thirty-two (32) hour accrual.
F. ELIGIBILITY FOR FLOATING HOLIDAY LEAVE
1. Full-time benefited unit employees and RPT unit employees on
the payroll as of July 1 of each fiscal year shall receive a bank of
floating holiday leave hours as set forth above, which may be
utilized on or after July 1 st of each calendar year, and will appear
on the paycheck which includes the first full pay period in July
each fiscal year.
CCEA MOU 2006 —2010 Page 61 CCEA
CITY ARTICLE FIVE
2. Full-time benefited and RPT unit employees, excluding Sanitation
employees, hired after July 1st of each fiscal year shall receive
pro-rated floating holiday leave time in proportion to the time
remaining within the respective fiscal year calculated from the first
day of the month following the date of hire and June 30 th 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, or pro-rated for RPT employees.
3. Full-time benefited Sanitation unit employees, hired after July 1st
of each fiscal year shall receive pro-rated accruals for floating
holiday leave time in proportion to the time remaining within the
respective fiscal year calculated from the first day of the month
following the date of hire and June 30 th of the following calendar
year. Each full month is equal to 2.67 hours of floating holiday
leave time based on a thirty-two (32) hour annual accrual.
4. Sanitation RPT employees hired after July 1st of each fiscal year
shall receive pro-rated accruals for floating holiday leave time in
proportion to the time remaining within the respective fiscal year
calculated from the first day of the month following the date of hire
and June 30th of the following calendar year. Each full month is
equal to 2.67 hours of floating holiday leave time, based on a
thirty-two (32) hour annual accrual rate.
5. Unit employees appointed to classifications covered by this MOU
after July 1 of the calendar year shall receive floating holiday
leave upon appointment, prorated on the basis of the number of
months remaining in the twelve (12) month period (e.g., one-year
equals one-half credit) rounded to the nearest whole hour.
G. PAYOFF OF UNUSED FLOATING HOLIDAY LEAVE TIME
1. Floating Holiday Leave Time unused as of June 30 th of the prior
fiscal year shall be paid to eligible full-time benefited and RPT unit
employees, at their base hourly rate which is/was in effect on July
1 st of the current fiscal year, on the paycheck which includes July
1 of the new fiscal 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.
CCEA MOU 2006 - 2010 Page 62 CCEA 6;e.ARTICLE FIVE
H. 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.
IV. 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 or lose official holiday time carried-over
no later than June 30 th of the same fiscal year.
V. EMPLOYEE REQUIRED TO WORK ON AN OFFICIAL HOLIDAY
1. When a unit employee is required to work on an official holiday, the
hours actually worked shall be paid at the overtime rate, regardless of
whether or not the unit employee has completed forty (40) hours during
the workweek.
2. Only the hours actually worked on such holiday shall contribute toward
the forty (40) hour base for establishing eligibility for further overtime
credit.
3. When a unit employee is required to work on a scheduled holiday, the
employee shall be paid eight (8) hours holiday pay, in addition to such
overtime as the unit employee actually works on the holiday, or the unit
employee and appointing authority may agree to an alternative eight (8)
hours leave with pay on another day within the same pay period.
CCEA MOU 2006 — 2010 Page 63 CCEA
CIPZ-77ARTICLE FIVE
VI. WORK SCHEDULES WHICH INCLUDE SATURDAY AND/OR SUNDAY
1. Unit Employees whose regular work schedules include Saturday or
Sunday will observe Christmas (December 25), New Years Day
(January 1), and/or Independence Day (July 4) on the actual date, rather
than the date City Hall closes for that holiday.
2. This will also apply to employees in the Sanitation division observing
Veterans' Day (November 11).
3. Holiday overtime pay will apply if the employee is scheduled to work
those days. If the actual date is an off-duty day, the employee may elect
pay or carry-over of the time consistent with those provisions above.
VII. 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).
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.
CCEA MOU 2006 — 2010 Page 64 CCEA
CITYARTICLE FIVE
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. A regular part-time employee shall accrue vacation in the
proportion represented by their regular work week schedule in
relation to a forty [40] hour work schedule (i.e., the bi-weekly
accrual for a thirty-five [35] hour RPT employee will be based
upon eighty-seven and one-half percent [87.5%] of the annual
amount shown for a full-time unit employee).
3. The benefit shown in each category shall commence upon
entering the first day of the new category as follows:
?,,
- thr
;Year 14 Ye
ru;
2Ôth'
eare.
80
Hours
120
hours
160
hours
160 hours, plus 8 hours
per year of service
over twenty (20) years
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.
E. LIMITATIONS
Vacation shall not be used in lieu of accumulated sick leave or when sick
leave request is disapproved.
CCEA MOU 2006 — 2010 Page 65 CCEACCEA MOU 2006 —2010 Page 66
ARTICLE FIVE
F. BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS — NON-
PERSABLE
Vacation time which accumulates in excess of the maximum allowed
each employee, shall be paid in cash (non-PERSable) on the next
regular bi-weekly paycheck, thereby bringing the employee's vacation
balance to no more than the maximum allowable (except as provided in
this Article).
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.
2. It shall not be necessary to carry such employee on the payroll for
the vacation period.
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: FULL-TIME AND RPT UNIT
EMPLOYEES
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:
Sick Leave Accrual Rate for
Full-time Unit Employees
Bi-weekly
accrual rate
Monthly
Accrual rate
Annual
Accrual rate
3.693 hours
(96 hrs / 26 pay
periods)
8 hours 96 hoursARTICLE FIVE
2. Each RPT unit employee shall accrue sick leave each bi-weekly
pay period pro-rated on an annual basis in the same proportion
that their regularly scheduled workweek compares to a forty (40)
hour workweek as follows:
EXAMPLE: Sick Leave Accrual Rate for
Unit Employees Regular Part-time (RPT)
RPT regularly
scheduled
workweek hours
Bi-weekly
accrual rate
Monthly
accrual rate
Annual
accrual rate
35 hours
(35 hrs + 40 hrs =
87.5%)
3.5 hours
(40 hrs X 87.5%)
7.6 hours
(3.5 hrs X 26 pp
+ 12 mo)
91 hours
(3.5 hrs X 12 mo)
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. 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, parent's, siblings,
grandparents, any of which that reside in the unit employee's
residence;
• 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-half (1/2) hour or
more.
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.
7. For absences of over two (2) days, a medical certificate from a
qualified physician, chiropractor or practitioner may be require
CCEA MOU 2006 — 2010 Page 67 CCEA
CITY/'.,. 1-1 :1:-,RL,E
.E1-11
,UNDRED AND F
384
''''0104§V.
—PITY FOUR
Accrual Rate
3.693 hours 384 hours
SICK LEAVEPAY
(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
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:
2a. 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.
b. 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.
CCEA MOU 2006— 2010
Page 68 CCEA
ClTY-TIER'
OFF AT SEVEN
u
IiJ
ED
20) 'HOURS
2.7 hrs X hourly rate
(3/4 [75%] of bi-weekly
accrual rate of 3.693
hours)
3.693 hours
720 hours .92 hours
ñiöiñ ofE rribririttof
ick: Leave- Fc
25cY
ARTICLE FIVE
c. 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 accruals as set
forth in the following Tier 2 table:
E. SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION — (NON PERSABLE)
Unit employees who retire or terminate are eligible to convert unused
accumulated sick leave accrual to vacation accrual (non-PERSable) on
the following basis:
1. With favorable resignation, excluding resignation in-lieu of
proposed or imposed disciplinary action, after ten (10) or more
years of satisfactory service, one-half (1/2 ) or fifty percent (50%)
of the accumulated sick leave accrual will be converted to
vacation accrual.
2. With retirement after ten (10) or more years of satisfactory
service, seventy-five percent (75%) of the accumulated sick leave
accrual will be converted to vacation accrual.
3. With retirement after fifteen (15) or more years of service, one
hundred percent (100%) of the accumulated sick leave accrual
will be converted to vacation accrual.
4. Accumulated sick leave credit as used in this section shall mean
that balance of accrued and unused sick leave available to the
employee as of the date of retirement or resignation.
CCEA MOU 2006 — 2010 Page 69 CCEA
CITY-ARTICLE FIVE
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 and conversion
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
minimum duration of six (6) months and a maximum duration of thirty-six
(36) months.
2. 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.
X. INJURY ON DUTY LEAVE (I0D)
A. UP TO SIX (6) MONTHS MAXIMUM SALARY CONTINUANCE
1. If injured-on-duty (I0D) and claim is determined to be
compensable, 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 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.
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CITYARTICLE FIVE
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 as set forth above, salary continuance for
up to an additional six (6) months, with the approval of the City Manager,
if the unit employee is not otherwise eligible for retirement, vocational
rehabilitation, light or modified duty or disability transfer, and the Risk
Management Division, after consultation with the City's Physician(s),
determines that the employee will likely return to full duty within a
reasonable period not to exceed six (6)months.
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.
E. LIMITATIONS
1. When a unit employee's absence is a result of a compensable
industrial injury, and the absence is less than three (3) days, the
absence shall be deducted from the unit employee's sick leave
accruals, unless temporary disability payments are required to be
paid pursuant to Workers' Compensation Laws of the State of
California.
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CITYARTICLE FIVE
2. Unit employees receiving IOD payments, salary continuance,
and/or temporary disability payments:
• Shall be available for follow-up treatment, diagnosis, therapy,
and related matters, unless authorized to leave the area for
extenuating circumstances with prior authorization from Risk
Management, and
• Shall be required to provide an address and phone number
where they can be located, if they plan to be away from their
residence.
3. Shall be required to notify Risk Management immediately upon
change of residence and contact information.
XI. 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, comp time or floating holiday time.
2. Immediate family, for the purposes of this Section only, shall be
defined as follows:
Brothers Sisters
Children Spouse
Child's Spouse Spouse's Brothers
Grandchildren Spouse's Grandparents
Grandparents Spouse's Parents
Parents Spouse's Sisters
State Registered Domestic Stepchildren
Partner Stepparents
Siblings' Spouse
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.
CCEA
CITY=
CCEA MOU 2006 — 2010 Page 72ARTICLE 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. (Note: The special circumstance does
not permit substitution of individuals in the place of persons
already deceased.)
B. EMERGENCY LEAVE
1. An emergency leave of absence with pay may be granted by
Management 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, compensatory time, service award leave or
vacation leave accounts.
2. Emergency leave shall automatically be deducted from sick leave
unless the unit employee requests that it be deducted from
another leave as set forth in Section B.1 above.
3. 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
Management.
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.
CCEA MOU 2006 — 2010 Page 73ARTICLE FIVE
3. Unit employees working other than a Monday through Friday
daytime schedule may be reassigned to such a schedule during
jury duty service if possible, or to another schedule compatible
with employee and department interests.
4. 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.
5. Unit employees whose work schedule cannot be modified, whose
regular work day may be Saturday or Sunday, and/or who serve
jury duty and then work some portion of the same day, shall
receive their regular compensation for the scheduled work day
and may retain jury pay.
6. Jury duty time shall not be considered work time and does not
count toward hours worked for the calculation of overtime.
7a. 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.
b. 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.
c. 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 day of the unit
employees regularly scheduled workday hours.
d. The unit employee may use accrued vacation, floating holiday, or
comp time for the remainder of the half day regularly scheduled
workday hours.
8. The unit employee shall be responsible for providing proof of jury
service upon his/her return to work.
9. Specific procedures for jury duty leave with pay, consistent with
this provision, shall be established in City Administrative Policy.
10. The City shall provide a copy of the current City Administrative
Policy on Jury Duty.
CCEA MOU 2006 — 2010 Page 74 CCE;
C17,40'7.7'1'ARTICLE FIVE
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, floating holiday), compensatory leave or service award
leave 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.
G. VOTING LEAVE
1. 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.
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CITYARTICLE FIVE
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. Regular part-time unit employees may take such leave in an
amount equal to the proportion of their regular workweek to a 40-
hour workweek (e.g., 7 hours per month for a 35-hour RPT
employee).
4. 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.
5. 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.
6. Leave properly requested in advance shall not be denied.
Unit employees may take accrued leave with pay (vacation,
compensatory time, floating holiday, or service award leave) for
School Activity Leave purposes.
XII. 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.
CCEA MOU 2006 — 2010 Page 76 CCEA
CITYARTICLE FIVE
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 (FM LA) 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 of 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.
4. Leave may be taken as days off, or intermittent or modified work
schedules.
5. The unit employee is guaranteed a return to his/her position at the
end of approved leave.
6. During the 12-work week FMLA period, the City shall maintain the
employee's medical, dental, life and vision care insurance.
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CITYARTICLE FIVE
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.
XIII. 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).
eG.
CCEA MOU 2006 — 2010 Page 78 CCEA
CITYARTICLE FIVE
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.
XIV. MAINTENANCE 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.
XV. 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.
XVI. 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 CCEA base hourly rate
for any accrued leave benefit unique to this bargaining unit (e.g., floating
CCEA MOU 2006 - 2010 Page 79
CITYLer7tARTICLE FIVE
holidays, compensatory time or similar benefit) and shall cease
participation in any special pay or other benefit plan of the CCEA 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.
XVII. 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.
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.
CCEA MOU 2006 — 2010 Page 80
CCEA _ C6
CITYARTICLE FIVE
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
• the unit employee's conduct is not consistent with the
approved leave of absence without pay; or
• the basis of the leave is no longer valid.
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.
CCEA MOU 2006 — 2010 Page 81ARTICLE FIVE
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.
XVIII. 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.
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.
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CITYC_ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
1. 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/assignments and
leave schedules as determined by Management.
2. Seniority preference shall only apply to leave requests made a
minimum of thirty (30) days in advance. Leave requests submitted
less than thirty (30) days shall be considered in the date and time
order in which they were received.
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 (2) two purposes set forth in Section A.1 above.
C. SENIORITY POINTS FOR REGULAR PART-TIME (RPT) EMPLOYEES
RPT employees, who apply for a classified City position in an open and
competitive examination, and advance to the eligible list, shall receive .25
seniority points for each two thousand and eighty (2,080) hours of service,
up to a maximum of four (4) seniority points.
GRIEVANCE
A. CLASSIFIED EMPLOYEE GRIEVANCE
A Classified unit employee grievance shall be processed as provided for in
the City's Civil Service Rules.
B. UNCLASSIFIED REGULAR PART-TIME (RPT) EMPLOYEE
GRIEVANCE
Grievances affecting unclassified regular part-time employees may be
processed pursuant to the Civil Service Rules, but the final decision will be
made at the City Manager level.
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CCEA
CITYARTICLE SIX
III. MANAGEMENT MEETINGS
1. On an as needed basis, three (3) representatives of the City and CCEA
shall meet to discuss workplace issues.
2. This forum is designed to provide an opportunity to discuss concerns and
suggest remedies.
3. CCEA agrees not to file a grievance on any issue discussed at the bi-
monthly meetings for a period of at least thirty (30) calendar days after
discussion for possible resolution.
IV. DISCIPLINE
A. CIVIL SERVICE RULES — DISCIPLINE
Disciplining of unit employees, excluding regular part-time employees,
shall be as provided in the City's Civil Service Rules.
B. DISCIPLINE: REGULAR PART-TIME EMPLOYEES — ONE (1) OR
MORE YEARS OF SERVICE
1. Regular Part-time unit employees with one (1) year or more of City
service, who become subject to disciplinary action, will be provided
a pre-disciplinary notice in writing, and will be given the opportunity
to respond to the appointing authority, or may elect to respond to
the Personnel and Employee Relations Director, prior to or
immediately following the effective date of the action.
2. If the response is given to the Personnel and Employee Relations
Director, he/she will review the proposed action and advise the
appointing authority regarding procedural or other matters that may
affect the appointing authority's decision.
3. The Personnel and Employee Relations Director will make a
recommendation to the City Manager, who will make a further
recommendation to the respective department head.
4. The Department Head shall make the final decision on all regular
part-time unit employee disciplinary matters.
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CITYARTICLE SIX
C. REPRESENTATION FOR REGULAR PART-TIME EMPLOYEES — FIVE
(5) OR MORE YEARS OF SERVICE
1. A regular part-time employee with five (5) or more years of service,
who is subject to an intent to terminate or an intent to suspend for
more than thirty (30) days for disciplinary reasons, could request
review before the City Manager, or his/her designee, within five (5)
working days of receiving notice of such intended termination or
suspension.
2. A regular part-time employee with five (5) or more years of service,
who is subject to an intent to terminate or an intent to suspend for
more than thirty (30) days for disciplinary reasons, may designate
one (1) City employee (designee) and one (1) CCEA
representative, if desired, to hear and review with the City Manager,
the RPT employee's response and any written submission, at a
time to be scheduled by the City Manager.
3. At the conclusion of this process, the RPT employee's designee, if
any, may make a private verbal recommendation to the City
Manager.
4. The City Manager shall have the authority to affirm, revoke, or
modify the intended discipline.
D. DISCUSSION ITEMS
1. City agrees to continue the Labor-Management Committee as
needed, to review and consider issues of mutual concern, including
but not limited to funding of future salary and benefit costs, and
contracting out of City jobs.
2. City invites and encourages CCEA members to suggest work or
work process changes to their own respective jobs which could
reduce City costs and assist the City in making funds available for
other purposes. Suggestions should be submitted to/through the
respective employees' departmental channels, with a copy to the
City Manager or Personnel and Employee Relations Director.
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CITYARTICLE SIX
V. 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.
B. REPORTING EQUIPMENT AND/OR EQUIPMENT CONCERNS
1. The City encourages unit employees to identify and report any
vehicle or equipment safety concerns immediately to their
respective supervisor.
2. The supervisor will immediately report the vehicle or equipment
safety issue to the Equipment Maintenance Manager.
3. The Equipment Maintenance division will assume full responsibility
for ensuring the vehicle is properly evaluated and repaired, and/or
removed from service until it can be repaired.
4. The City will make every effort to see that the vehicle or equipment
is operational and safe before assigning unit employees to work
with the vehicle or equipment.
C. COMPLIANCE
1. Unit employees who refuse to drive a safe vehicle may be subject
to disciplinary action.
2. If the unit employee further questions the safety of the vehicle,
he/she may report the suspect vehicle to appropriate state
authorities.
3. Failure of any unit employee or supervisor to make proper
inspection or repair of any reported unsafe vehicle may result in
disciplinary action.
CCEA MOU 2006 — 2010 Page 86 CCEAARTICLE SIX
VI. SAFETY ISSUES
A. DEVELOPMENT OF STRATEGY AND TECHNOLOGY
1. The City agrees to provide strategies to avoid conflict with the
public as part of the general training given to Bus Operators and
Parking Enforcement Officers.
2. The Transportation Department will continue to analyze potential
new technology to further enhance safety.
B. POLICE ASSISTANCE IN EMERGENCY SITUATIONS
Unit employees dealing with emergency situations shall have the right to
call directly for Police Assistance.
C. RESPONSIBILITY
It is the responsibility of all City 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.
VII. DRUG-FREE WORKPLACE AND DRUGS AND ALCOHOL IN THE
WORKPLACE
1. CCEA 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.
VIII. 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,
the City Attorney will, prior to recommending any settlement of the litigation to the
City Council, 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 at any session at which the settlement is
to be discussed.
CCEA MOU 2006 —2010 Page 87 CCEA CITY ARTICLE SEVEN
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective January 1, 2006 and together with all the terms,
conditions and effects thereof, shall expire as of midnight on December 31, 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 Police Officers Association 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 Union 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. The parties agree that all conditions of employment, as they pertain to unit
employees covered by this MOU, subject to meet and confer p rovided for
by the City's Civil Service Rules, Ordinances, Resolutions, Departmental
Rules and Regulations or Policy Statements in effect prior to the date of
this MOU, unless specifically provided for to the contrary in this MOU,
shall remain in force and effect during the term of this MOU. Any conflicts
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with the City's Civil Service Rules, Ordinances, Resolutions, Departmental
Rules and Regulations or Policy Statements shall be considered to have
been superseded by this MOU.
V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT - WAIVER OF MEET AND CONFER
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. For the purpose of the MOU neither party shall be compelled to
meet and confer with the other concerning any issues, whether
specifically discussed prior to the execution of this MOU or which
may have been omitted in the meet and confer process leading up
to the execution of the MOU, except by mutual agreement of the
parties.
4. 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. 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
C. ACKNOWLEDGEMENT
The City and the Culver City Employees Association 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 Employees Association set
forth in this agreement and adopted in the form of a resolution of the City
Council.
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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 Employees Association.
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 Employees Association, and
entered into this 14th day of September 2006 .
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