City of Culver City, California
Agenda Item Report
Meeting Date: 07/14/2014 Item Number: A-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Three (3)
Year Memorandum of Understanding with the Culver City Management Group for
the Period of July 1, 2014 through June 30, 2017
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]
Commission Action Required: Yes [] No [X] Dates:
Public Notification: (E-Mail) Agenda and Meetings – City Council (07/09/14); Culver City
Management Group (07/09/2014)
Department Approval:
Serena Wright (07/08/14)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/09/14)
Chief Financial Officer Approval:
Jeff Muir (07/08/14)
City Manager Approval:
John M. Nachbar (07/09/14)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving a three (3) year
Memorandum of Understanding (MOU) with the Culver City Management Group
(CCMG) for the period of July 1, 2014 through June 30, 2017.
BACKGROUND:
The previous MOU with the Culver City Management Group expired on June 30,
2014. The negotiation discussions have concluded and the City and the CCMG have
reached a tentative agreement resulting in a three (3) year MOU.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and approval
provides the following essential changes:
? 2% annual cost-of-living adjustment for each year of the three year term
? 1% annual lump sum non-recurring compensation for each year of the three
year term
? Increase tuition reimbursement to $250 per unit
? $1,500 annual education incentive for possession of a Master’s degree or
above. City of Culver City, California
Agenda Item Report
? Provide 8 additional hours of floating holiday time in recognition of Cesar
Chavez day
? Convert the existing 2% Management Incentive Pay to base salary
FISCAL ANALYSIS:
The estimated on-going annual cost of this agreement will be $184,000 in the first
year, $306,000 in the second year and $432,000 in the third year. There is an
estimated additional cost of $60,000 in each year for the lump-sum compensation
that will not continue after the expiration of the MOU. Approximately eighty percent
(80%) of these costs will be paid by the General Fund, with the balance to
enterprise or special funds.
ATTACHMENTS:
1. Proposed Resolution with Memorandum of Understanding
MOTION:
That the City Council:
Adopt a resolution approving a three (3) year Memorandum of Understanding
between the City and the Culver City Management Group for the period of July 1,
2014 through June 30, 2017.
MEETING DATE: 07/14/14
AGENDA ITEM: Adoption of a Resolution Approving a Three (3) Year
Memorandum of Understanding with the Culver City
Management Group for the Period of July 1, 2014
through June 30, 2017.
ATTACHMENTS
1. Proposed City Council Resolution
1
2. Memorandum of Understanding 2
1
TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights ......................................2
ARTICLE TWO Salaries and Compensation ............................................6
ARTICLE THREE Work Periods, Schedules and Overtime ......................... 12
ARTICLE FOUR Supplemental Benefits .................................................. 13
ARTICLE FIVE Leaves of Absence ........................................................ 26
ARTICLE SIX Working Conditions ......................................................... 49
ARTICLE SEVEN General Provisions ........................................................ 51
PARTIES TO THE AGREEMENT ................................................................... 54
INDEX ............................................................................................................. 55
2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
CULVER CITY MANAGEMENT GROUP (CCMG)
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU” is made by and
between the City of Culver City, California, hereinafter called the "City", and Culver
City Management Group, hereinafter called “CCMG”, representing the full-time,
non-safety general management employees. This MOU is made pursuant to the
California Government Code Section 3500, et seq.
II. RECOGNITION
A. FULL-TIME GENERAL MANAGEMENT EMPLOYEES
The City hereby recognizes the Culver City Management Group as the
exclusive representative of the full-time, non-safety general management
employee classifications of the City, as set forth in Appendix “A,” as
amended, and attached hereto, pursuant to the City’s Employer-Employee
Relations Resolution No. 2008-R009 as amended.
III. NONDISCRIMINATION
A. POLICY
No unit employee shall be subject to discrimination which is prohibited by
applicable federal, state or local law. In accordance with this policy, the City
agrees that no employee shall be interfered with, intimidated, restrained,
coerced, employed, promoted, demoted, discharged or in any way favored
or discriminated against because of political opinions or affiliations, race,
religious belief, age, sex, sexual orientation, gender orientation, physical or
mental disability, or because of the exercise of his/her rights under this
MOU.
CCMG MOU 2014 - 2017 Page 2
3ARTICLE ONE
B. CCMG AGREES NOT TO DISCRIMINATE
In accordance with the above policy, CCMG agrees not to discriminate
against a unit employee because of the exercise of his or her rights granted
under this MOU or with respect to admission to membership and the rights
of membership in CCMG for any of the above enumerated reasons.
IV. DUES / INSURANCE CHECK-OFF
The City shall, on behalf of CCMG:
A. DUES DEDUCTION
1. Provide official payroll deductions for CCMG dues, and approved
insurance plans, to be deducted bi-weekly by the City from the salary
of each unit employee who has filed a written authorization, on the
appropriate City form, that such deduction be made.
2. Permit a unit employee to cancel a dues deduction, at any time by
filing a written authorization on the appropriate City form, that such
deduction be discontinued.
3. Provide assistance to CCMG by identifying newly hired unit
employees in the representation unit.
4. Inform all new hires in the representation unit that CCMG is the
employee organization designated as the representative of the
employees in the unit.
B. INSURANCE DEDUCTION
Changes in the amount to be deducted for insurance plans may only be
made during open enrollment periods.
V. INDEMNIFICATION
CCMG agrees to indemnify and hold harmless the City against all claims
including costs of suit and reasonable attorney fees and/or other forms of liability
arising from the provisions of Article One, Section IV of this MOU.
CCMG MOU 2014 - 2017 Page 3
4ARTICLE ONE
VI. RIGHTS
A. EMPLOYEE RIGHTS
1. Unit employees of the City shall have the right to form, join, and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of
employer-employee relations including but not limited to wages,
hours, and other terms and conditions of employment.
2. Unit employees also shall have the right to refuse to join or
participate in the activities of employee organizations, subject to
provisions of law.
3. No unit employee shall be interfered with, intimidated, restrained,
coerced, or discriminated against by the City or by any employee
organization because of the exercise of these rights.
B. CITY'S RIGHTS
Subject to law, the City reserves the right to make the final determination,
as to all matters which are necessary to manage, control and administer the
City's operations including, but not limited to:
1. Determining the mission of the City's constituent departments,
commissions and boards;
2. Setting standards of service;
3. Determining the procedures and standards of selection for
employment and promotions, directing employees, and taking
disciplinary action;
4. Relieving employees from duty because of lack of work or other
legitimate reasons, maintaining the efficiency of governmental
operations;
5. Determining the methods, means and personnel by which
governmental operations are to be conducted;
6. Determining content of job classifications;
7. Taking all necessary actions to carry out the City's mission in
emergencies;
CCMG MOU 2014 - 2017 Page 4
5ARTICLE ONE
8. Exercising control and discretion over the City's organization and the
technology of performing its work;
9. Regulating the use of all equipment and other property of the City;
10. Establishing, altering or disposing of operations, departments,
commissions or boards;
11. Determining the work to be contracted out;
12. Determining the complement of employees needed or assigned to a
particular function or work location;
13. Establishing and modifying employee staffing levels including any
impacts resulting from changes to staffing changes;
14. Establishing, changing and/or modifying work schedules for
employees after meeting and conferring over significant impacts; and
15. Performing all other functions not specifically delegated to
employees elsewhere in this MOU.
CCMG MOU 2014 - 2017 Page 5
6ARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
Unit employees shall receive a 2% base salary adjustment each year in the pay
period that includes July 1 in 2014, 2015 and 2016.
The salary schedules specifying the salary range for each classification covered
herein is set forth in Appendix “A,” as may be amended.
II. EQUIVALENT BIWEEKLY, MONTHLY AND ANNUAL RATE
1. Equivalent biweekly pay rate shall be determined by multiplying the hourly
rate by eighty (80) hours.
2. Equivalent annual pay rate shall be determined by multiplying the hourly
rate by two thousand and eighty (2080) hours.
3. Equivalent monthly pay rate shall be determined by dividing the annual rate
by twelve (12) months.
III. FREQUENCY OF PAYCHECK ISSUANCE
Current unit employees shall be paid bi-weekly, once every two (2) weeks, either
by paycheck or by direct deposit, as elected by the employee.
IV. VOLUNTARY 457 DEFERRED COMPENSATION PLAN
A. City agrees to provide a deferred compensation plan for employees covered
herein pursuant to IRS Code Section 457. The City's maximum contribution to
deferred compensation shall be one hundred sixty dollars ($160.00) per pay period
for employees that contribute a minimum of seventy-six dollars and twenty-five
cents ($76.25) per pay period and a dollar per dollar match for employees that
contribute less than seventy-six dollars and twenty-five cents ($76.25) per pay
period.
The deferred compensation plan is a benefit, and as such the contribution by the
City on behalf of the employee shall not change the employee's salary range.
Employees may, at their option, contribute in excess of the City's matching
contribution per pay period to the plan.
CCMG MOU 2014 - 2017 Page 6
7ARTICLE TWO
1. Conversion of Excess Accruals
The City will permit employees to convert and defer the dollar
value of excess accruals of floating holiday hours or vacation
time.
2. Changing Contributions
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 Human Resources Department.
Employees may increase the amount of their bi-weekly
deferred compensation contribution during quarterly open
enrollment.
V. LONGEVITY PAY
A. PURPOSE
In recognition of continuous full-time employment, excluding unpaid breaks
in service, by Management employees to the City of Culver City, the City
shall provide Longevity Pay in certain on-going compensation amounts and
service time as follows:
B. COMPENSATION
Years of
Continuous
Service
Monthly Amount
Bi-weekly Amount
15 $100 per month $46.16 per pay period
20 $200 per month $92.31 per pay period
25 $250 per month $115.39 per pay period
C. LIMITATIONS
Longevity Pay is not cumulative and shall only be awarded for the highest
level of continuous service achieved as specified in the above section.
CCMG MOU 2014 - 2017 Page 7
8ARTICLE TWO
VI. ACTING PAY
A. ELIGIBILITY
1. Any unit employee who is required to, and does act and perform
duties included within a higher classification and which are broader
than the specifications governing such employee's position shall be
eligible for acting pay upon written approval by Department Head and
the Human Resources Director.
2. To be eligible, the unit employee must be assigned to work in the
acting higher classification a minimum of one full pay period.
3. The employee’s department shall submit a Personnel Action Form to
start the Acting Pay effective the beginning of the first full pay period
in which the employee is acting. The department shall submit
another Personnel Action Form to stop the Acting Pay at the end of
the pay period in which the acting assignment ceases.
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 Step 1 of the acting
classification whichever is greater; and
• Shall in no instance be entitled to be paid more than Step 5 of the
acting classification.
2. During that period of acting service a unit employee:
• Shall be paid at the acting pay rate when off due to an official City
holiday, floating holiday or any approved leave of absence, and
• Shall not be paid at the acting pay rate for bi-weekly leave payoffs
and/or cash-outs.
3. Unit employees receiving acting pay as set forth above:
• Shall continue to receive the benefits associated his/her
permanent position; and
• Shall not receive the benefits associated with the acting position.
4. Pursuant to the California Code of Regulations (CCR) Section 571,
Acting Pay shall be reported to CalPERS as special compensation
under the category of Premium Pay – Temporary Upgrade Pay.
C. LIMITATIONS
CCMG MOU 2014 - 2017 Page 8
9ARTICLE TWO
1. The City strongly encourages departments not to use acting pay for
long-term assignments and to fill vacancies as soon as practicable.
2. Pursuant to Administrative Policy, “domino” assignments, in which
two (2) or more employees are assigned acting assignments, may
not be approved.
3. Department and division heads are required to minimize “domino”
assignments by filling the actual vacancy only.
4. Department and division heads may also absorb an absent
manager’s functions laterally or upward in the organization thereby
eliminating the need for acting pay.
5. Vacant positions created by acting assignments shall not be deemed
vacancies for the purposes of this provision.
VII. SPECIAL COMPENSATION PAY
A. PURPOSE
An employee may be assigned additional duties beyond the scope of the
employee’s regular classification when operational conditions necessitate
prioritizing these duties as an essential function of the division and/or
department and the qualifications and skill level of the employee are
appropriate to fulfill the duties.
1. Such additional pay shall not be considered a promotion, and may
be reduced or removed without cause, notice or appeal rights.
2. No person shall receive both special compensation and acting pay
as set forth in respective MOUs.
3. Special Compensation is not an assignment to a vacant, higher level
position, but is an assignment of duties that are added to current
classification/position duties.
4. Special Compensation is temporary in nature.
5. Special Compensation is distinct from assignment of collateral duties
in that the duties for which the employee receives special
compensation are of a higher or more complex nature than the
employee’s permanent classification.
CCMG MOU 2014 - 2017 Page 9
10ARTICLE TWO
B. ELIGIBILITY
Special compensation shall only be given when an employee is assigned
higher level duties that are in excess of a full pay period. Employees shall
be precluded from receiving special compensation while on any type of
leave of absence.
C. PROCESS
1. The City Manager may approve special pay commensurate with the
additional duties, while such duties are assigned, for up to six (6)
months. Such special pay may be an amount not to exceed 10% of
the employee’s regular base pay.
2. If at the end of six (6) months the department needs an extension of
special compensation, the request shall be submitted to the City
Manager in writing, who may then renew the special compensation
for another six (6) months. By the end of the extension period the
department must determine the long-term nature of the additional
duties and operational needs; only one renewal period is allowed.
3. By the end of the first or second six (6) month period, the department
must cease the situation leading to special compensation, request a
permanent reclassification, or make other such personnel or
operational changes that will absorb the additional duties. The
additional duties must cease at the same time as the special
compensation ceases.
4. Pursuant to the California Code of Regulations (CCR) Section 571,
Special Compensation shall be reported to CalPERS as special
compensation under the category of Premium Pay – Temporary
Upgrade Pay.
VI. MANAGEMENT INCENTIVE PAY
Effective upon full execution of this MOU, unit employees shall cease
receiving 2% Management Incentive Pay. The 2% special compensation
received as Management Incentive Pay shall be added to unit employees’
base monthly salary.
VII. EDUCATION INCENTIVE PAY
The purpose of the Education Incentive benefit is to encourage and reward
employees for the pursuit and attainment of higher level education not
required by the employee’s current job classification.
CCMG MOU 2014 - 2017 Page 10
11ARTICLE TWO
Effective the first full pay period after July 1
st
, employees that possess a
Master’s Degree or higher from an accredited organization recognized by
the Department of Education shall receive a $1,500 annual education
incentive.
Unit employees shall provide a copy of his or her degree certificate to the
Human Resources Department.
VIII. NON-RECURRING COMPENSATION
Unit employees shall receive a 1% lump sum payment upon full execution of
this agreement. Additionally, unit employees will receive a 1% lump sum
payment in the first full pay period after July 1, 2015 and July 1, 2016. This
compensation shall be reported to CalPERS pursuant to California Code of
Regulations (CCR) Section 571, Off-Salary-Schedule Pay.
CCMG MOU 2014 - 2017 Page 11
12ARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. EXEMPT FROM OVERTIME
1. All Management positions covered herein are considered exempt from the
overtime provisions of the Fair Labor Standards Act (FLSA).
2. The Management Group understands and agrees it is the nature of
Management work assignments that some incidental overtime may be
periodically required to accomplish City functions.
II. WORK SCHEDULES
A. CITY WORK SCHEDULES
The City may establish work schedules for unit employees according to the
Civil Service Rules. City work schedules shall be as herein defined, except
as otherwise provided for in this agreement:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty
(40) hour week schedule consisting of five (5) eight (8) paid work
hour days in seven (7) consecutive calendar day period, exclusive of
any meal periods assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of an
eighty (80) work hour two (2) week schedule consisting of eight (8)
nine (9) hour days and one (1) eight (8) hour working day in a eighty
(80) work hour work period in fourteen (14) consecutive calendar
days. This schedule shall be divided into two (2) forty (40) work hour
work period segments exclusive of any meal periods as assigned by
management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty
(40) work hour week schedule consisting of four (4) ten (10) paid
work hour days in a seven (7) consecutive calendar day period
exclusive of any meal periods.
B. ADJUSTING WORK SCHEDULES
Management employees may adjust their work schedule as approved by
their Department Head or designee.
CCMG MOU 2014 - 2017 Page 12
13ARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. RETIREMENT
A. PERS RETIREMENT BENEFITS
The City agrees to provide retirement benefits to eligible unit employees
under the California Public Employees' Retirement System (PERS) as
follows. The definition of “new” member and “classic” member are set forth
in Appendix B of this MOU
GOVERNMENT
CODE SECTION
BENEFIT
7522.20 (a)
“New” Members, as defined by the Public Employees
Pension Reform Act (PEPRA), hired on or after
January 1, 2013
2% @ Age 62: Base retirement plan of two percent (2%)
at age 62 for all unit employees defined as “new” members
by AB 340 and hired on or after January 1, 2013.
20037
For unit employees
hired on or after July 1, 2011:
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
hired prior to July 1, 2011:
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.
CCMG MOU 2014 - 2017 Page 13
14ARTICLE FOUR
GOVERNMENT
CODE SECTION
BENEFIT
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.
21353 2% at Age 60: Base retirement plan of two percent (2%) at
age 60 for all unit employees hired on or after July 1, 2011.
21354.4 2.5% at Age 55: Base retirement plan of two and one-half
percent (2.5%) at age 55 for all unit employees hired prior
to July 1, 2011.
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. CALPERS EMPLOYEE CONTRIBUTION FOR “CLASSIC MEMBER”
EMPLOYEES HIRED PRIOR TO JULY 1, 2011
1. The PERS employee contribution rate of eight percent (8%) for the
2.5% @ 55 retirement plan is established by State legislation. Unit
employees shall be responsible for the full PERS employee
contribution payment which is currently eight percent (8%)
2. The City continues to pay all other PERS employer related costs for
PERS benefits provided by the City.
3. The City has adopted the CalPERS resolution in accordance with
Internal Revenue Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
C. CALPERS EMPLOYEE CONTRIBUTION FOR “CLASSIC MEMBER”
EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
CCMG MOU 2014 - 2017 Page 14
15ARTICLE FOUR
1. The PERS employee contribution rate of seven percent (7%) for the
2% @ 60 retirement plan is established by State legislation. Unit
employees shall be responsible for the full PERS employee
contribution payment which is currently seven percent (7%).
2. The City continues to pay all other PERS employer related costs for
PERS benefits provided by the City.
3. The City has adopted the CalPERS resolution in accordance with
Internal Revenue Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
D. CALPERS EMPLOYEE CONTRIBUTION FOR “NEW MEMBER”
EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013
1. Unit employees defined as new members by PEPRA are covered
under the 2% at age 62 retirement formula. New members shall be
responsible for paying the employee contribution rate of one-half of
the total normal cost of the plan as determined by CalPERS.
2. The City continues to pay all other PERS employer related costs for
PERS benefits provided by the City.
3. The City has adopted the CalPERS resolution in accordance with
Internal Revenue Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
II. MEDICAL INSURANCE
A. MEDICAL INSURANCE – PERS MEDICAL PLANS
The City contracts with the California Public Employees’ Retirement System
(PERS) for medical insurance coverage. The City and CCMG must mutually
agree in writing to change from PERS Health Care to another health care
plan. Eligible new hires are covered under the program on the first day of
the month following enrollment. The City will contribute the Public
Employees’ Medical and Hospital Care Act (PEMHCA) statutory minimum
on behalf of each participant in the program. A participant is defined as 1)
an enrolled employee and eligible dependents 2) an enrolled retiree and
eligible dependents and 3) a surviving annuitant. The PEMHCA statutory
minimum for 2014 is $119 per month and $122 per month for calendar year
2015. Inclusive of the statutory minimum, flexible benefits shall be provided
as follows.
CCMG MOU 2014 - 2017 Page 15
16ARTICLE FOUR
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria plan in accordance with IRS
Code Section 125 for all active employees. Unit employees participating in
the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance
to purchase benefits offered under the full flex cafeteria plan. The following
health care benefits shall be offered through the cafeteria plan: medical,
dental, vision and life. The monthly dollar allowance, which is inclusive of
the statutory PEMHCA minimum, shall be:
Employee only: $ 664.00
Employee + 1: $ 1,143.00
Family: $ 1,422.00
The monthly flex dollar allowance may be used in accordance with the terms
of the cafeteria plan to purchase benefits offered under the cafeteria plan
and other supplementary products. After the mandatory medical insurance
plan has been made the employee has the option to waive the other benefits
and have the excess flex dollars converted to taxable income or purchase
other supplementary products.
In the event that premiums and/or costs for the selected benefits exceed
the monthly flex dollar allowance, the balance will be paid by the employee
through automatic pre-tax payroll deduction, as permitted under IRS Code
Section 125.
The City will contribute up to an additional 4% towards the increased cost
of medical premiums in a calendar year. The average increase in PERS
monthly health care premiums for active employees shall be calculated by
subtracting the average cost of Los Angeles area Basic premiums for all
available City-offered CalPERS health-care plans for the current year from
the average cost of Los Angeles area Basic premiums for all available City-
offered CalPERS health-care plans for the upcoming year. If this
percentage is less than 4%, then the City allowances shall be increased
only by that percentage. If this percentage equals or exceeds 4%, the City
allowances shall be increased by 4%. If there is a year where the average
premium increase is 0%, or there is an overall decrease, the City
contribution shall not be adjusted. In addition, the City shall continue to
provide flex dollars to cover 100% of HMO dental, vision and life insurance
premiums.
C. MEDICAL INSURANCE PREMIUMS – OPT-OUT/CASH OUT OPTION
(NON-PERSABLE)
Unit employees may elect to discontinue participation in the PERS Health
Plan medical insurance coverage (“Opt Out”). The intent of this provision is
CCMG MOU 2014 - 2017 Page 16
17ARTICLE FOUR
to share premium savings that the City will incur as a result of a unit
employee canceling City coverage.
D. PROOF OF COVERAGE / WAIVE CITY LIABILITY
Unit employees electing to waive 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.
E. OPT-OUT
Upon proof of other coverage, unit employees may elect to waive the City’s
medical insurance and use the above allotted single-party flex dollars
toward other items in the full flex cafeteria plan or convert it to taxable
income.
F. EMPLOYEE SPOUSES / DEPENDENTS NOT ELIGIBLE FOR OPT OUT
1. For medical insurance plans, when a unit employee is the spouse of
another benefited City employee, the affected employees shall have
the option of:
• Each employee have a flex dollar amount of a single employee;
or
• one (1) employee may select a plan and list the spouse as a
dependent under the two-party or family coverage, as
applicable and the remaining employee may opt-out as outlined
above.
G. 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 and Cafeteria Plan regulations. Employees shall
be re-enrolled per the Cafeteria Plan as provided in Article Four
Section II.B.
2. A qualifying event shall be defined as set forth in the PERS medical
Plan and the City’s Cafeteria Plan document, a copy of which is
available to unit employees in the Human Resources Department.
CCMG MOU 2014 - 2017 Page 17
18ARTICLE FOUR
H. RETIREE MEDICAL INSURANCE
1. The City’s monthly contribution for medical insurance provided through
the PERS Health plan, for employees hired prior to July 1, 2011 and
who retired on or before December 31, 2011 or “Grandfathered
Employees”, 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.
“Grandfathered employees” is defined as unit employees that, as of
December 31, 2011, have twenty (20) or more years of CalPERS service
(excluding “Air Time”) or, unit employees that retire on or before January
1, 2022 with twenty-five (25) years or more of Culver City service.
2. The City’s monthly contribution for medical insurance provided through
the PERS Health plan, for employees hired prior to July 1, 2011 that
retire after December 31, 2011, shall be as follows:
Upon retirement with a minimum of 5 years City service, employees
who were hired prior to July 1, 2011 shall be eligible to receive up to
$520.68/mo based on plan enrollment for retiree only; and pre-65
spousal/dependent coverage shall be provided up to an additional
$454.48/mo subject to vesting. Vesting for pre-65 spousal/dependent
coverage is contingent upon the employees’ years of City service.
Employees who retire with 6 years of City service shall be eligible to
receive 20% of the maximum pre-65 spousal/dependent allowance,
and another 20% for each additional year of City service up to 100% of
the maximum dependent allowance after 10 years of City service (i.e.
6 years = 20%, 7 years = 40%, 8 years = 60%, 9 years = 80%, 10 years
= 100%).
The City’s contribution towards retiree medical insurance shall not
increase by more than 4% annually. If the average premium increase
of CalPERS Basic (non-Medicare) Los Angeles area medical
insurance plans exceeds 4%, any additional amount shall be borne by
the annuitant. The average increase in PERS monthly health care
premiums shall be calculated by subtracting the average cost of Los
CCMG MOU 2014 - 2017 Page 18
19ARTICLE FOUR
Angeles area Basic (non-Medicare) premiums for all available City-
offered CalPERS health-care plans for the current year from the
average cost of Los Angeles area Basic (non-Medicare) premiums for
all available City-offered CalPERS health-care plans for the upcoming
year. If this percentage is less than 4%, then the City allowances shall
be increased only by that percentage. If this percentage equals or
exceeds 4%, the City allowances shall be increased by 4%. If there is
a year where the average premium increase is 0%, or there is an overall
decrease, the City contribution shall not be adjusted. Employees shall
only be eligible to receive the City contribution towards retiree medical
insurance based on his or her family status at the time of retirement.
This amount shall only be increased by up to 4% of the average cost of
CalPERS Basic (non-Medicare) Los Angeles area premiums as
described above.
The City shall make available a retiree health care trust (RHS) to enable
employees to prefund retiree health care expenses while employed by
the City. Mandatory participation is required. The City shall match the
first $25 per pay period of the employee contribution to the RHS. The
individual accounts can be utilized after separation of service for
reimbursement of all qualified medical expenses, including insurance
premiums, in accordance with IRS Section 213. Employees who
separate from City service for any reason shall be eligible to receive the
full amounts in the RHS at the time of separation. The Retiree Health
Savings Trust shall reimburse expenses in accordance with the Internal
Revenue Code. CCMG understands that changes to contributions
and/or disbursements from the RHS can change at any time pursuant
to federal laws and regulations.
3. The City’s monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired on or after July
1, 2011 shall be as follows:
Upon retirement, employees shall be eligible to receive a City
contribution for retiree medical in accordance with Government Code
22892. The City contribution shall be provided until the retiree is
Medicare eligible. The City shall contribute an amount not to exceed
the California Public Employees’ Medical and Hospital Care Act
(PEMHCA) contribution, as determined by CalPERS on an annual
basis. The statutory minimum amount for 2014 is $119 per month and
$122 per month for calendar year 2015.
In addition to the receipt of the CalPERS statutory minimum as provided
in the previous paragraph, the City shall make available a retiree health
care trust (RHS) to enable employees to prefund retiree health care
expenses while employed by the City. Mandatory participation is
CCMG MOU 2014 - 2017 Page 19
20ARTICLE FOUR
required. The City shall match the first $25 per pay period of the
employee contribution to the RHS. The individual accounts can be
utilized after separation of service for reimbursement of all qualified
medical expenses, including insurance premiums, in accordance with
IRS Section 213. Employees who separate from City service for any
reason shall be eligible to receive the full amounts in the RHS at the
time of separation. The Retiree Health Savings Trust shall reimburse
expenses in accordance with the Internal Revenue Code. CCMG
understands that changes to contributions and/or disbursements from
the RHS can change at any time pursuant to federal laws and
regulations.
I. ELIGIBILITY FOR RETIREE MEDICAL INSURANCE SHOULD THE
CITY CEASE PARTICIPATION IN THE PERS HEALTH PLANS
Should the City cease participation in the PERS Health Plans, the City
agrees to provide health insurance for retirees and eligible spouses in the
following manner:
1. After the date of conversion to a new insurance provider, future
retirees will be provided medical insurance as follows:
a) Only those employees retiring after twenty-five (25) or more
years of service, or those retiring with fifteen (15) or more
years of service and who have reached their fifty-fifth (55
th
)
birthday, shall be eligible for continued coverage under the
City’s plan.
b) The City will pay the premium for retiree, eligible spouse or
registered domestic partner as defined by law, until such time
as the retiree, and/or eligible spouse or registered domestic
partner, reaches the age of sixty five (65), or becomes eligible
for Medicare or a similar program, or has deceased. If the
retiree, eligible spouse or registered domestic partner
becomes ineligible under these terms, the City contribution
shall cease in regard to that individual, and participation in any
City-sponsored health plan shall be terminated.
c) “Spouse” shall include a person joined by marriage after the
date of the employee’s retirement.
2. Retired unit employees may be eligible for continuation in the group
plan under Federal law. In the event the retiree is not eligible as
described above, he/she may be responsible for the premium for
CCMG MOU 2014 - 2017 Page 20
21ARTICLE FOUR
voluntary continuation. Employees/retirees should consult with the
Human Resources Department for more information.
3. Retiree medical insurance is not intended to apply to any unit
employee whose employment is terminated for any reason other
than to retire for service or disability retirement as of the effective
date of his/her termination.
4. Coverage for a spouse or registered domestic partner of a unit
employee who dies prior to retirement shall be dependent upon the
spouse’s election under Optional Settlement 2 Death Benefits. If the
unit employee was eligible to retire, and the spouse or registered
domestic partner elects a monthly beneficiary payment equivalent to
what the unit employee would have received, he/she may be eligible
for retiree medical insurance if the unit employee would otherwise
have qualified under this section.
III. DENTAL INSURANCE
1. The City shall continue contracting for the current or comparable program.
All unit employees shall be eligible to enroll qualified dependents and will
pay the premium costs for such enrollment through the full flex cafeteria
plan.
2. For dental 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.
IV. VISION CARE INSURANCE
1. The City shall continue contracting for the current or comparable program.
All unit employees shall be eligible to enroll qualified dependents and will
pay the premium costs for such enrollment through the full flex cafeteria
plan.
2. For 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.
V. LIFE INSURANCE
The City shall continue contracting for the current or comparable program for Term
Life Insurance Group coverage of $50,000.
CCMG MOU 2014 - 2017 Page 21
22ARTICLE FOUR
VI. CITY RIGHTS – CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and
contractor(s) for dental, vision and life insurance plans, and any other
employee benefits except as otherwise provided for in this MOU.
2. The City agrees to consult with representatives of CCMG over any City-
proposed change in the benefit levels of dental, life or vision care insurance
during the term of this agreement.
3. It is understood that no significant changes in benefit levels will occur
without the agreement of CCMG.
VII. IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT
The City provides a flexible spending account for medical expenses and
dependent care, pursuant to Section 125 of the Internal Revenue Service Code
(Section 125), as amended. Under Section 125, the maximum annual amount an
employee may contribute for future medical and dependent care expenses
reimbursement is two thousand five hundred dollars ($2,500), exclusively.
Pursuant to Section 125, employees may contribute pre-tax earnings into these
accounts. The medical expense contribution may be used for reimbursement of
medical expenses such as deductibles, co-pays and expenses in excess of what
insurance covers. Dependent care expenses may not be reimbursed until after
they are actually incurred - i.e., after the care has been provided, and not when the
participant is formally billed. Reimbursable dependent care expenses are non-
health care expenses that include insuring a qualified dependent’s well-being and
protection. Qualified dependents are children under age 13, disabled spouses and
other dependents who are physically or mentally incapable of self-care, and who
regularly spend at least eight hours each day in the taxpayer's household.
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. Receipts
submitted after March 31
st
in the following calendar year shall be forfeited.
There are other limitations and restrictions set forth by the Internal Revenue
Service.
VIII. PHYSICAL WELL-BEING
A. PURPOSE
CCMG MOU 2014 - 2017 Page 22
23ARTICLE FOUR
The parties agree that the physical well-being of an employee is a mutual
benefit to the City and the employee.
B. ALLOWANCE
1. Certain Management employees, as conditions of their employment,
are provided annual physical examinations at the City's expense.
2. The City agrees to provide $500 to each unit employee effective the
first full pay period after July 1
st
.
3. The Physical Well-being benefit is recommended to be used for one
(1) or more of the following purposes:
• Medical examination by the health provider of the employee's
choice.
• Membership in a health club or fitness center.
• Other formal wellness programs provided by professionals
(smoking cessation, weight control, nutrition, or similar
programs).
• Reimbursement for employee or eligible dependent medical
expenses (deductibles or co-payments) not covered by the
employee’s health, dental or vision insurance.
IX. UNIFORMS
Non-safety management employees engaged in supervision of maintenance
functions shall be provided vendor-supplied uniforms or coveralls consistent with
those supplied to their subordinates.
The value of uniform allowances or provisions shall be reported to PERS as
compensation as required by law.
X. SAFETY EQUIPMENT
The City will furnish and replace, as needed, all items of safety equipment which
the department head, subject to the approval of the City Manager, deems
necessary for an employee to safely perform the duties required of the employee's
classification.
XI. MILEAGE REIMBURSEMENT
The City agrees to provide mileage reimbursement to unit employees who use
their personal vehicles for City business, pursuant to City Policy. The
reimbursement rate shall be the applicable IRS allowance rate.
CCMG MOU 2014 - 2017 Page 23
24ARTICLE FOUR
XII. MANAGEMENT CAR POOL
City agrees to provide a Car Pool in addition to the assigned City fleet.
Management employees may use the cars as needed to accomplish business
travel to meetings, training or related purposes. In the alternative, Management
employees required to drive personal vehicles may be reimbursed at the City's
current mileage rate.
XIII. TUITION REIMBURSEMENT
The City agrees to reimburse unit employees up to two hundred fifty dollars ($250)
per applicable accredited college unit, plus the actual costs of books, registration
fees and parking permit fees.Applicable procedures and eligibility requirements
shall be pursuant to Administrative Policy II-08, as amended or pursuant to
subsequent amendments.
XIV. JOB-RELATED TRAINING
1. The City will support job-related training, education and certification to
enhance the unit employees’ ability to perform his/her job, and will
encourage unit employees to seek those opportunities.
2. Respective departments will budget funds for training and education
courses which may include certification costs.
3. Commercial Driver's licenses are the personal and financial responsibility
of the individual operator as a condition of employment.
4. The City may provide time and/or training to assist unit employees in
obtaining a commercial license if their job duties change and such license
becomes a requirement.
XV. 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.
CCMG MOU 2014 - 2017 Page 24
25ARTICLE FIVE
ARTICLE FIVE
LEAVES OF ABSENCE
I. POLICY
It shall be the policy of the City to grant leaves of absence to 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 floating holidays, vacation or sick leave credit
accruals shall be made for only regularly scheduled work day hours.
4. No charge to accumulated accrual balances (i.e., floating holidays,
vacation, sick leave) shall be made when an official holiday occurs
during an authorized period of paid leave.
C. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave accrual credit
may be approved for use by the Department Head and the City Manager.
D. REQUESTING LEAVE
CCMG MOU 2014 - 2017 Page 25
26ARTICLE FIVE
1. Except as otherwise provided, no leave of absence with pay shall be
granted to any unit employee without the approval of the Department
Head or designee.
2. Whenever possible, unit employees shall file a request for a leave of
absence on a form provided by the appointing authority, and shall
receive written approval before taking such leave period.
3. When conditions prevent a prior request, the unit employee, upon
return from said leave, may be required to file a report explaining the
conditions which prevented a prior request.
E. FAILURE TO FILE A PRIOR REQUEST
Failure to file a prior request, in the absence of extenuating conditions, shall
be grounds for disciplinary action.
III. OFFICIAL PAID CITY HOLIDAYS
A. OFFICIAL PAID CITY HOLIDAYS
1. Official Paid City Holidays for unit employees shall be considered
nine (9) hours leave with pay or equivalent to the actual number of
regularly scheduled work day hours.
2. Official City Paid Holidays for unit employees shall be as follows:
• New Year's Day (The first day of January)
• Martin Luther King Day (Third Monday in January)
• Memorial Day (Last Monday in May)
• Independence Day (The fourth day of July)
• Labor Day (First Monday in September)
• Thanksgiving Day (Fourth Thursday in November)
• Friday After Thanksgiving Day
• Christmas Day (Twenty-fifth day of December)
3. Any one-time special day designated by the President of the United
States or the Governor of California requiring the City offices
to close.
4. Any day authorized by the City Manager or City Council.
5. 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.
CCMG MOU 2014 - 2017 Page 26
27ARTICLE FIVE
6. When an Official Holiday falls on a Sunday, the Monday immediately
following the Sunday shall be deemed to be day of the Official Paid
City Holiday.
IV. OFFICIAL HOLIDAYS OCCURRING ON A SCHEDULED DAY OFF
A. PAYMENT OR CARRY-OVER WITHIN THE CURRENT FISCAL YEAR
Official Holidays occurring on a unit employee’s regularly scheduled day off
may, at the unit employee’s discretion, be:
• Paid to the unit employee in the same pay period; or
• Carried-over for use on another day no later than June 30
th
of the same
fiscal year.
B. LIMITATIONS
1. Official Holidays carried over have no cash value, and therefore,
cannot be cashed out at a later date.
2. Unit employees must use official holiday time carried-over no later
than June 30
th
of the same fiscal year or forfeit it effective July 1
st
of
the next fiscal year (“use it by June 30
th
or lose it”).
V. FLOATING HOLIDAY LEAVE TIME
Unit employees shall be eligible to receive forty-eight (48) hours of paid Floating
Holiday leave time each July. Eight (8) of these hours have been provided in
recognition of Cesar Chavez day.
A. ELIGIBILITY FOR FLOATING HOLIDAY LEAVE
Employees shall be eligible to receive forty – eight (48) hours of paid
Floating Holiday leave annually. Floating holiday balances shall be paid in
the pay period that includes June 30
th
and the new accrual bank will be
available and eligible for use in the pay period that includes July 1
st
.
Employees hired after July 1
st
shall receive pro-rated floating holiday leave
time in proportion to the time remaining within the respective calendar year
calculated from the first day of the month following the date of hire and June
30
th
of the following calendar year.
VI. VACATION LEAVE
A. ELIGIBILITY FOR VACATION LEAVE
CCMG MOU 2014 - 2017 Page 27
28ARTICLE FIVE
1. All unit employees shall be eligible for vacation leave after serving
twelve (12) months of employment with the City. Vacation leave shall
accrue during the first twelve (12) month period, but not be available
for use.
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.
C. TABLE OF VACATION LEAVE BENEFITS
1. The Table of Vacation Leave Benefits shown below sets forth in
detail the number of working hours per year to which a full-time unit
employee is entitled as a vacation leave benefit.
2. The benefit shown in each category shall commence upon entering
the first day of the new category as follows:
TABLE OF VACATION LEAVE BENEFITS FOR
FULL TIME UNIT EMPLOYEES
|1010|st
thru 4
th
Year
|1010|th
thru 14
th
Year
15
th
thru 20
th
Year
21
st
Year and
thereafter
80 hours
120 hours
160 hours
8 hours per year for
each year of service
D. ACCUMULATION OF VACATION LEAVE
CCMG MOU 2014 - 2017 Page 28
29ARTICLE FIVE
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. BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS – (NON-
PERSABLE)
Vacation time which accumulates in excess of the maximum allowed each
employee, shall be paid (non-PERSable) on the next regular bi-weekly
paycheck, thereby bringing the employee's vacation balance to no more
than the maximum allowable.
F. LIMITATIONS
Vacation shall not be used in lieu of accumulated sick leave or when sick
leave request is disapproved.
G. VACATION PAYOFF UPON TERMINATION – NON-PERSABLE
1. Any unit employee who terminates employment shall be paid (non-
PERSable) for such vacation time accrued but unused as of the date
of the termination.
2. It shall not be necessary to carry such employee on the payroll for
the vacation period.
VII. BI-ANNUAL ACCRUAL CASH OUT ELECTION
A. ELIGIBILITY
The City shall provide unit employees’ the option to cash out vacation and
floating holiday leave banks. Unit employees must maintain a minimum
vacation leave bank balance of forty (40) hours in order to be eligible.
B. PROCEDURE
Accrual cash outs shall only be permitted each June 1
st
and December 1
st
.
Unit employees must submit a written request to the Human Resources
Department prior to the end of the regular payroll deadline for that pay
period. Upon proper notification, cash out elections shall be included in the
CCMG MOU 2014 - 2017 Page 29
30ARTICLE FIVE
paycheck for the first full pay period that includes June 1
st
and
December1
st
as requested.
VII. SABBATICAL LEAVE
A. PURPOSE
The purpose of Sabbatical Leave is to provide unit employees with the
opportunity to participate in programs including but not limited to:
• Internships in conjunction with advanced degree programs;
• On-loan executive programs;
• Travel/study programs related to the employee’s City
responsibilities;
• Directed research pursuant to a pre-approved outline and
submission of a report on a subject of benefit to the City/City
employees; and/or,
• Professional development or certification programs.
B. ELIGIBILITY FOR SABBATICAL LEAVE
The City will provide a paid sabbatical leave of absence for unit employees
under the following conditions:
• Unit employees must have ten (10) or more years of service with
Culver City.
• Sabbatical Leave may be granted only once within a five (5) year
period, beginning with year eleven (11), and as of the fifth
anniversary thereafter (year 16, year 21, etc.).
• Sabbatical Leave time:
o Does not accrue,
o Is not eligible for conversion to cash value, and
o If not taken within an eligible five (5) year period is no longer
available.
C. TUITION / TRAINING EXPENSES
The City may provide tuition reimbursement or training expenses for eligible
programs, pursuant to Administrative Policy II-08, as amended.
D. REQUEST FOR APPROVAL OF SABBATICAL LEAVE
1. A request for sabbatical leave must be submitted through the
appointing authority to the City Manager, who has sole discretion in
granting the leave request.
2. Approval of a sabbatical leave will be based upon:
CCMG MOU 2014 - 2017 Page 30
31ARTICLE FIVE
• Submission of an outline of the proposed activity to be
undertaken and completed during the leave period, including
the purpose of the chosen activity and identification of the
benefit to the City; and,
• The ability of the City to continue the employee’s job functions
in his/her absence, with approval of the employee’s
appointing authority.
• If Sabbatical Leave is approved each participant will be
required to submit a report through his/her appointing
authority to the City Manager detailing or summarizing, as
appropriate, the program or activities attended and the value
gained, and will be required to share his/her experience as
training for other City employees within sixty (60) days after
his/her return to active duty.
E. LENGTH OF SABBATICAL LEAVE
1. A Sabbatical Leave of absence with pay may be authorized for up to
three (3) weeks, or one-hundred-twenty (120) hours.
2. A unit employee may request to take additional leave, using his/her
own accrued leaves, depending on the ability of the City to permit
additional absence from the City.
3. To minimize disruption of City services, only one (1) Management
employee at a time may be on leave from a single department.
F. LIMITATIONS
If a unit employee voluntarily leaves City employment within six (6) months
after taking a paid sabbatical, he/she shall repay the City for all salary and
benefits paid during the leave.
VIII. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until a unit employee has completed three
(3) full months of service, including time spent on provisional or temporary
appointment.
CCMG MOU 2014 - 2017 Page 31
32ARTICLE FIVE
B. ACCRUAL OF SICK LEAVE
1. Each full-time unit employee shall accrue sick leave each bi-weekly
pay period pro-rated on an annual basis and shall be credited as
follows:
Sick Leave Accrual Rate
Bi-weekly
Accrual rate
Monthly
Accrual rate
Annual
accrual rate
3.7 hours
(96 hrs / 26 pay
periods)
8 hours
96 hours
C. PURPOSE, PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
1. Sick leave is intended for the illness or injury of a unit employee as
follows. With proper verification, sick leave may be allowed for:
• Personal illness or injury of the employee;
• Authorized emergency leave;
• Serious illness or injury of the employee's spouse, State
registered domestic partner, parent or child;
• Medical or dental appointments;
• Cases of quarantine; or
• Where exposure to contagious diseases would endanger the
health of other employees.
2. Sick leave may be taken in increments of one (1) hour or more.
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 required.
8. Upon return to duty, the unit employee shall present evidence of the
necessity of sick leave, if so requested by Management or designee.
CCMG MOU 2014 - 2017 Page 32
33ARTICLE FIVE
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:
TIER 1:
SICK LEAVE PAYOFF AT
THREE HUNDRED AND EIGHTY FOUR (384) HOURS
Bi-weekly
Accrual
Rate
Tier 1
Maximum
Accumulat
ion
Amount of Bi-weekly
Sick Leave Payoff
@ 50%
(Non-PERSable)
Amount of Bi-weekly
Sick Leave Accrued
@ 50%
3.7 hours
384 hours
1.85 hrs X hourly rate
(1/2 [50%] of bi-weekly
accrual rate of 3.7
hours)
1.85 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.
2. Unit employees with at least three hundred and eighty four (384)
hours but less than seven hundred and twenty (720) hours of
accrued sick leave may be paid for one-half (50%) of sick leave
accrued and unused in each pay period as set forth in the Tier 1 table
above.
3. The remaining unused sick leave in each pay period shall be added
to the unit employee’s accruals up to the seven hundred and twenty
(720) hour maximum.
4. As an alternative to Tier 1 Sick Leave payoff, eligible employees
may:
• Elect on or before December 1 of each year not to participate
in the bi-weekly payoff plan and will then accrue unused sick
leave for the ensuing calendar year (January through
CCMG MOU 2014 - 2017 Page 33
34ARTICLE FIVE
December). However, eligible employees may only accrue to a
maximum of seven hundred and twenty (720) hours ; or
• Unit employees who accumulate and maintain a minimum credit
of 384 hours of unused sick leave may elect, once annually, to
have a lump sum of ninety-six (96) hours of accrued sick leave
paid to him/her. In order to qualify for this benefit, this time
would need to be otherwise payable to the employee upon
separation from employment.
5. Unit employees at the maximum accrual of seven hundred and
twenty (720) hours, or who reach maximum accrual thereafter, will
be paid for three-fourths (75%) of accrued unused sick leave in each
pay period and shall forfeit the remaining accruals as set forth in the
following Tier 2 table:
TIER 2:
SICK LEAVE PAYOFF AT SEVEN HUNDRED AND TWENTY (720) HOURS
Bi-weekly
Accrual Rate
Tier 2
Maximum
Accumulation
Amount of Bi-weekly
Sick Leave Payoff
@ 75%
(Non-PERSable)
Amount of Bi-weekly
Sick Leave Forfeited
@ 25%
3.7 hours
720 hours
2.7 hrs X hourly rate
(3/4 [75%] of bi-weekly
accrual rate of 3.7
hours)
.92 hours
E. SICK LEAVE PAYOFF UPON RETIREMENT OR FAVORABLE
RESIGNATION – (NON-PERSABLE)
With retirement or favorable resignation after 10 years (120 months) or
more of City service, all accumulated sick leave accruals shall be paid off
at the unit employee’s base hourly rate.
F. SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE – (NON-
PERSABLE)
1. Upon a unit employee’s death, his/her beneficiaries or estate shall
be entitled to receive the same accumulation benefit payoff as the
unit employee would have received were he/she alive and had
favorably resigned or retired.
2. Any payoff under this benefit is non-PERSable.
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35ARTICLE FIVE
IX. PRE-RETIREMENT DISTRIBUTION OF LEAVE ACCRUALS – (NON-
PERSABLE)
1. A unit employee giving notice of his/her intent to retire within three (3) years
(36 calendar months) may have accrued leaves, which are otherwise
payable upon retirement, distributed in equal installments to his/her
paychecks over the months preceding retirement, with a maximum duration
of thirty-six (36) months.
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. Such distributions are not reportable to
PERS as compensation and will not affect PERS retirement benefits.
X. INJURY ON DUTY LEAVE (IOD)
A. UP TO SIX (6) MONTHS MAXIMUM SALARY CONTINUANCE
1. If injured-on-duty (IOD) and the 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.
3. In no case shall such compensation be paid for a period of time in
excess of the unit employee's continuous service immediately prior
to such injury.
B. EXTENSION OF LEAVE AND SALARY CONTINUANCE
If a unit employee's temporary disability exceeds the six (6) calendar
months of salary continuance set forth above, the City may extend this
salary continuance for up to an additional six (6) months if the unit employee
is not otherwise eligible for retirement, light or modified duty or disability
transfer and with the approval of the City Manager.
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36ARTICLE FIVE
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.
E. LIMITATIONS
1. A unit employee who is absent, as a result of compensable injury in the
course of employment, for a period of time less than three days, shall have
such leave deducted from sick leave credit unless temporary disability
payments are required to be paid pursuant to Workers' Compensation
Laws of the State of California.
2. Unit employees receiving IOD payments, salary continuance, and/or
temporary disability payments:
a. 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
b. Shall be required to provide an address and phone number where
they can be contacted, if they plan to be away from their
residence. Shall be required to notify Risk Management
immediately upon change of residence and contact information.
c. May not receive CalPERS service credit during the time of
absence.
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37ARTICLE FIVE
XI. ADMINISTRATIVE LEAVE
Unit employees shall receive 60 hours of administrative leave each fiscal year,
effective the first full pay period after July 1
st
. Administrative leave shall be used at
the employee’s discretion. Administrative leave time is not accrued and has no
cash value.
XII. MISCELLANEOUS LEAVES WITH PAY
A. BEREAVEMENT LEAVE
1. Any unit employee who is compelled to be absent from duty because
of a death in the immediate family shall be allowed time necessary
to be absent from work at their base hourly rate of pay for the
equivalent of the employee’s regular workweek, but not more than
forty (40) working hours per incident, without charge to accrued sick
leave, vacation, or floating holiday time.
2. Immediate family is defined as follows:
• Brothers • Sisters
• Children • Spouse
• Child’s Spouse • Spouse’s Brothers
• Grandchildren • Spouse’s Grandparents
• Grandparents
• Parents
• Registered Domestic
Partner
• Siblings’ Spouse
• Spouse’s Parents
• Spouse’s Sisters
• Stepchildren
• Stepparents
3. If additional leave time is required, the employee may request sick
leave, vacation or floating holiday time.
4. Should the list of immediate family members be increased in any
other Culver City bargaining unit MOU, the additional provisions
shall apply to this unit.
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.).
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38ARTICLE FIVE
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 Human
Resources Department in writing in advance in order to qualify for
the bereavement leave.
B. EMERGENCY LEAVE
1. An emergency leave of absence with pay may be granted by the
Department Head or designee to any unit employee because of
family illness, legal matters, non-work-related court appearances,
home emergencies (e.g., burst water heater, or sudden structural
damage, etc.), providing the unit employee may have such leave
charged to his/her sick leave, service award leave or vacation leave
accounts.
2. Emergency leave shall automatically be deducted from sick leave
unless the unit employee requests it to be deducted from another
leave as set forth in B.1 above.
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 the
Department Head or designee.
C. JURY DUTY
1. A unit employee called to active jury service during scheduled work
days shall receive his/her regular compensation for such time served
to a maximum of ten (10) working days for each jury summons.
2. The unit employee will forfeit jury fees to the City, but shall retain any
mileage compensation provided.
3. Jury service required on an employee's off-duty day is not
compensable by the City, and the unit employee may retain jury
compensation for such days.
4. In the event the unit employee is required to serve in excess of ten
(10) compensated work days, he/she may use accrued leave and
retain excess jury fees for that period.
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39ARTICLE FIVE
5a. Unit employees who are compelled by the Court to serve longer than
ten (10) days on a jury may submit a request to their Department
Head to approve additional jury leave.
b. If the request is approved, the City shall provide pay for one-half (1/2)
of the hours spent on jury duty in excess of the original ten (10) days
up to an additional ten (10) half days of the unit employees regularly
scheduled workday hours.
c. The unit employee may use accrued vacation, administrative leave
(if any), or floating holiday time for the remainder of the half regularly
scheduled workday hours.
6. The unit employee shall be responsible for providing proof of jury
service upon his/her return to work.
7. Specific procedures for jury duty leave with pay, consistent with this
provision, shall be established in City Administrative Policy, as
amended.
D. OUTSTANDING PERFORMANCE LEAVE
The City may grant up to three (3) days off with pay to unit employees
rewarded for outstanding performance, or provide other forms of recognition
pursuant to Civil Service Rules.
E. RELIGIOUS SERVICES
1. Unit employees shall be permitted to attend or observe religious
services, or holidays of major theological importance, which occur
during work hours, provided that:
• The work load of the organization so permits; and
• Management authorized the absence.
2. Time taken shall be charged to the unit employee's accumulated
vacation, administrative leave or floating holiday time.
F. MILITARY LEAVES OF ABSENCE
Military leave with pay shall be granted in accordance with applicable state
law, federal law and municipal law, and applicable City policies.
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40ARTICLE FIVE
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.
H. SCHOOL ACTIVITY LEAVE
1. Pursuant to California Labor Code Sections 230.7 and 230.8, as
amended, unit employees who are parents of school-age children
shall be allowed School Activity Leave from their jobs, with or without
pay, as may be necessary to participate in school activities such as
parent-teacher conferences, disciplinary matters, school programs
and related events with their children.
2. Such leave is limited to forty (40) hours per school year, at a
maximum of eight (8) hours per month.
3. This limit shall not apply when a unit employee is required to appear
in the school of his/her child pursuant to a request from the school
administration pertaining to disciplinary action.
4. Unit employees must give reasonable advance notice to the
employer to permit work coverage, and may be required to provide
documentation from the school that the unit employee participated in
the activity on the specific date and time.
5. Leave properly requested in advance shall not be denied.
6. Unit employees may take accrued leave with pay, vacation,
administrative leave or floating holiday time, for School Activity
Leave purposes.
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41ARTICLE FIVE
XIII. FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY RIGHTS
ACT (CFRA)
1. This section does not purport to provide all the provisions of law, but
summarizes the general intent at the time this MOU was adopted.
2. Specific details of the State and Federal laws relating to FMLA and CFRA
are available in the Human Resources Department.
3. Unit employees and department management must contact Human
Resources Department to verify current provisions and requirements.
4. Failure to do so could result in a misunderstanding of rights and obligations,
and could cause loss of leave benefits or loss of insurance coverage.
A. ELIGIBILITY FOR FMLA AND CFRA
1. Pursuant to State and Federal laws, employees shall be eligible for
Family and Medical Leave of absence (FMLA) for:
• The birth of a child of the employee
• Disability due to pregnancy – FMLA only
• The placement of a child with an employee in connection with the
adoption or foster care by that employee
• The care of the employee’s child with a serious health condition
• The care of a spouse or parent with a serious health condition
• The employee's own serious health condition
• Any qualifying exigency arising out of a spouse, child or parent
called to active military duty
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 last date leave is used.
3. Leave may be taken as days off, or intermittent or modified work
schedules.
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42ARTICLE FIVE
4. The unit employee is guaranteed a return to his/her position at the
end of approved leave, as required by state and federal law.
5. During the 12-work week FMLA period, the City shall maintain the
employee's medical, dental, life and vision care insurance.
Employee shall continue to pay monthly contribution to maintain
benefits.
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 Human Resources 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
the unit employee or family member's health condition.
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.
XIV. PREGNANCY DISABILITY LEAVE (PDL)
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43ARTICLE FIVE
1. Pregnancy Disability Leave of up to four (4) months, with or without pay,
shall be provided to unit employees covered herein pursuant to the Fair
Employment Housing Act (FEHA).
2. Such leave shall be granted for disability of the unit employee, determined
by a physician, for the duration of such disability, provided, however, that
the cumulative unpaid leave for disability and non-disability reasons shall
not exceed one year.
3. Pregnancy Disability Leave without pay shall not be granted until accrued
sick leave has been exhausted.
4. Unit employees may voluntarily use accrued vacation or other paid leave
before commencing unpaid leave.
XV. MAINTAINENANCE OF BENEFITS WHILE ON LEAVE
1. Unit employees must be paid a minimum of thirty-five percent (35%) of their
regularly scheduled bi-weekly working hours to be eligible to receive City
provided benefits including vacation and sick leave accruals.
Example: A unit employee who regularly works eighty (80) hours each bi-
weekly pay period, must be paid a minimum of twenty eight (28) hours (35%
of 80 = 28) of his/her accruals when out on leave to be eligible for City
provided benefits including vacation and sick leave accruals.
2. Unit employees who are not paid the minimum number of hours required:
Shall be responsible for the payment of their insurance benefits, and
Shall not be eligible for vacation and sick leave accruals.
XVI. 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 Human Resources Director.
XVII. PAYOFF OF ACCRUALS UPON CHANGE OF BARGAINING UNIT
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44ARTICLE FIVE
1. When a unit employee covered by the terms of this MOU becomes a
member of another bargaining unit under a different MOU, he/she shall be
paid off at his/her CCMG base hourly rate for any accrued leave benefit
unique to this bargaining unit and shall cease participation in any special
pay or other benefit plan of the CCMG unit.
2. Vacation and sick leave accumulations shall carry over.
3. Thereafter, the employee shall immediately be eligible to accrue such
benefits as provided by their new bargaining unit MOU.
XVIII. LEAVES OF ABSENCE WITHOUT PAY
A. VOLUNTARY LEAVE WITHOUT PAY
1. Any unit employee is entitled to present to Management a request
for a leave of absence without pay not to exceed one (1) year. The
unit employee shall indicate the basis of the leave in his/her request.
2. Leaves of absence without pay may be granted for illness exceeding
accumulated sick leave, child care absences exceeding pregnancy
disability leave, special education, special duty for another
governmental agency, extension of vacation time, seeking political
office or any other reason which is deemed to be in the best interests
of City government.
3. Verification of such requests shall be required by Management who
shall attach the evidence of verification to the proper form (Personnel
Action).
4. Any leave without pay must be approved by the City Manager.
B. CITY INITIATED LEAVE WITHOUT PAY
The City may place a unit employee on leave without pay for non-
disciplinary reasons when the status of the employee, due to injury or other
involuntary circumstances, cannot be covered by paid leave time.
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
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45ARTICLE FIVE
absent on leave without pay including suspension from duty without
pay, except when on protected leave, or has a break in service of
more than sixty five percent (65%) of the working hours in the
biweekly period.
2. A unit employee on unpaid leave of absence, except when on
protected leave, under this section shall be responsible for the
payment of insurance premiums in any month when there is
insufficient paid leave available or authorized to maintain benefited
status.
D. LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY (30)
DAYS
1. NOTIFICATION TO DEPARTMENT
For any leave of absence without pay in excess of thirty (30) calendar
days, the unit employee shall notify the Department Head where
he/she can be reached if not at his/her residence of record, and how
long the employee will be absent.
2. CORRESPONDENCE
In the absence of such written notification, any notice or
correspondence to the unit employee shall be mailed or delivered to
the unit employee’s residence of record.
3. DURATION OF LEAVE
Unit employees shall be advised of the duration of the approved
leave of absence without pay, and that such approval may be
cancelled at any time by the Department Head and City Manager if
he/she determines that the unit employee:
• is not expected to return by the conclusion of the scheduled
leave of absence without pay; or
• conduct is not consistent with the approved leave of absence
without pay; or
• the basis of the leave is no longer valid.
4. CANCELLATION OF LEAVE OF ABSENCE WITHOUT PAY
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46ARTICLE FIVE
If the City intends to cancel an approved leave of absence without
pay in excess of thirty (30) calendar days, the unit employee shall be
notified of the City’s intent, and shall be given the opportunity to
provide additional information in support of the leave of absence
without pay or to return to work, within five (5) working days after
receipt of such notice. If the unit employee fails to respond or return
to work, he/she shall be deemed to have resigned his/her position.
E. RETURN FROM LEAVE OF ABSENCE WITHOUT PAY EXCEEDING
THIRTY (30) DAYS
1. Upon returning from a leave of absence without pay exceeding thirty
(30) calendar days, except when on protected leave, the unit
employee’s anniversary date shall be adjusted to exclude such leave
time for the purpose of performance evaluation dates, step increase
dates, seniority for promotional examinations and benefit accrual
calculations.
2. Upon returning from a leave of absence without pay exceeding thirty
(30) calendar days, except when on protected leave, due to illness
or disability of the employee, the unit employee may be required to
provide medical information upon the request of the City’s physician
in order to determine the employee’s fitness-for-duty.
3. Failure or refusal to provide medical information, pursuant to this
section, may delay the unit employee’s return to work and constitute
grounds for disciplinary action.
XIX. UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
1. A unit employee absent without authorization for three (3) or more
consecutive work shifts, and who fails to contact Management to provide
justification for the absence, shall be considered to have abandoned his/her
position and resigned from City employment as of the third shift of absence.
2. The unit employee shall be notified by Management that the City considers
him/her to be absent without leave, and that, under this section, a
separation (resignation) will be processed.
3. Such notification shall be made pursuant to the procedures for notification
of intent to discipline as provided in Civil Service Rules.
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47ARTICLE FIVE
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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48ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
When necessary, the City shall establish seniority lists and, in certain
situations, shall inform unit employee of their seniority status. Seniority
status shall give a unit employee priority preference in work schedules and
leave schedules where the City is able to offer employees a choice.
B. SENIORITY WITHIN CURRENT CLASSIFICATION
Seniority, as used herein, is determined by the length of service a unit
employee has in the position of the current appointment and is only
applicable for the purpose set forth in paragraph “A” above.
II. CLASSIFIED EMPLOYEE GRIEVANCE
A classified unit employee grievance shall be processed as provided for in the
City's Civil Service Rules.
III. DISCIPLINE
A. DISCIPLINE OF CLASSIFIED UNIT EMPLOYEES
Disciplining of classified unit employees, shall be as provided in the City's
Civil Service Rules.
B. DISCIPLINE OF UNCLASSIFIED UNIT EMPLOYEES
1. Unclassified (at-will) employees may be subject to discipline under
those same policies, but do not have a right of appeal to the Civil
Service Commission.
2. Unclassified (at-will) employees shall be subject to the disciplinary
process as set forth in Administrative Policy II-16, as amended.
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49ARTICLE SIX
IV. SAFETY RULES
A. PURPOSE
1. It is of mutual benefit to the City and to the unit employees
represented in this MOU to be fully aware of all safety rules and
regulations regarding employment duties.
2. The intent of this clause is to work towards preventing job-related
injuries to unit employees and damage to both public and private
property.
3. It is the responsibility of all unit employees as a condition of
employment with the City, to be aware of, to follow and to enforce
the City's safety rules, regulations, policies and procedures or be
subject to disciplinary action in accordance with the Civil Service
Rules.
V. DRUG-FREE WORKPLACE AND DRUGS AND ALCOHOL IN THE
WORKPLACE
1. CCMG and the City agree that City Council Policy No. 4004, as amended,
regarding drugs and alcohol in the workplace is incorporated herein by this
reference.
2. Testing procedures agreed to and in effect prior to the adoption of this MOU
continue in full force and effect.
VI. LEGAL DEFENSE
In the event a unit employee covered herein is named as an individual defendant
in litigation involving conduct in his/her official capacity as an agent for the City,
the City Attorney may at his or her sole discretion, 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.
CCMG MOU 2014 - 2017 Page 49
50ARTICLE SEVEN
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective July 1, 2014 and together with all the terms, conditions
and effects thereof, shall expire as of midnight on June 30, 2017.
II. EMERGENCY WAIVER
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, as determined by the City, the provisions of this Memorandum of
Understanding which restrict the City’s ability to respond to these emergencies
shall be suspended for the duration of such emergencies. After the emergency is
over, the Culver City Management Group shall have the right to meet with the City
regarding the impact on employees of this suspension of these provisions in this
Memorandum of Understanding.
III. SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or
provision of this Memorandum of Understanding be found to be inoperative, void,
or invalid by a court of competent jurisdiction, all other provisions of this
Memorandum of Understanding shall remain in full force and effect for the duration
of this Memorandum of Understanding. In the event of such invalidation, the City
and the CCMG agree to meet and confer in good faith to determine an alternative
equivalent article, section, subsection, subdivision, sentence, clause, phrase, or
provision.
IV. CIVIL SERVICE RULES/CITY POLICY
1. Reference is made in this MOU to certain Civil Service Rules. Nothing in
this MOU shall preclude the City from amending the Civil Service Rules as
provided therein.
2. Unit employees appointed to a position in the Classified Service are subject
to the provisions of the Civil Service Rules.
3. Unit employees appointed to exempt or Unclassified positions are not
subject to the protections afforded Classified employees in regard to regular
CCMG MOU 2014 - 2017 Page 50
51ARTICLE SEVEN
or “permanent” status, seniority, layoff rights, or appeals of discipline or
grievances to the Civil Service Commission.
4. Other basic employment policies in Civil Service Rules may apply to exempt
or Unclassified employees, subject to the determination of the City Manager
or City Council.
5. The parties agree that all conditions of employment provided for by the
City's Civil Service Rules, Ordinances, Resolutions or Policy Statements in
effect prior to the date of this M.O.U. - which are not amended or repealed
by the provisions of this M.O.U. remain in force and effect during the term
of this M.O.U., and which are in conflict with the terms of this M.O.U. shall
be considered to have been superseded by this M.O.U.
V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT
1. This MOU contains all of the covenants, stipulations, and provisions,
agreed upon by the parties.
2. Therefore, during the term of this agreement, except as provided
herein, all other compensation and benefits not modified in this
agreement shall remain in full force and effect.
3. Each party acknowledges that it had the full and unlimited
opportunity to meet and confer over any issue it either did raise or
could have raised and hereby waives the right to meet and confer
further during the term of this MOU except as specifically provided
herein.
B. SALARY SURVEY
1. It is understood that the City conducts salary surveys which may
result in salary adjustments for unit employees.
2. The City agrees to meet and review these adjustments with the
CCMG prior to implementation.
3. Nothing shall prevent the implementation of higher salary
adjustments after the City has met and reviewed said adjustment
with CCMG.
4. It is further understood that CCMG does not waive the right to meet
and confer with the City over other salary adjustments.
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52ARTICLE SEVEN
C. CITY-CCMG DISCUSSION ITEMS
CCMG reserves the right to meet and confer with the City during the term
of this MOU regarding the feasibility of adopting an Agency Shop provision,
as permitted by law.
D. COMPLIANCE
If the effective date or the implementation of any benefit in this MOU cannot
be adhered to as the result of law, regulation, or policy outside the control
of the City, the City will take action on the first date on which it has authority
to take action in compliance with such law, regulation, or policy to effectuate
the benefit.
VI. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and the Culver City Management Group acknowledge that this
Memorandum of Understanding shall not be in force and effect until ratified
by a simple majority vote of unit employees who are in classifications
represented by the Culver City Management Group set forth in this
agreement and adopted in the form of a resolution of the City Council.
B. MUTUAL RECOMMENDATION – APPROVAL OF MOU
This agreement constitutes a mutual recommendation of this new MOU by
the parties hereto, to the City Council, that one or more ordinances and/or
resolutions be adopted and implemented accepting its provisions and
effecting the changes enumerated herein relating to wages, hours, benefits
and other terms and conditions of employment for unit employees
represented by the Culver City Management Group.
CCMG MOU 2014 - 2017 Page 52
53APPENDIX “B”
DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC
EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA).
The following is provided for informational purposes only in order to assist unit
employees with understanding their retirement benefits. This information is not intended
to be a comprehensive overview of the benefit changes provided by PEPRA. Unit
employees should contact CalPERS for specific information on how these changes may
affect his or her retirement benefits.
New Member
Government Code section 7522.04(f) defines “new member” as follows:
(f) “New member” means any of the following:
(1) An individual who becomes a member of any public retirement system for the
first time on or after January 1, 2013, and who was not a member of any other
public retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the
first time on or after January 1, 2013, and who was a member of another public
retirement system prior to that date, but who was not subject to reciprocity under
subdivision (c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who,
after a break in service of more than six months, returned to active membership in that
system with a new employer.
Classic Member
CaIPERS refers to all members who do not fit within the definition of “new member” as a
classic member.
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