City of Culver City, California
Agenda Item Report
Meeting Date: 08/12/2013 Item Number: C-6
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a One (1) Year
Memorandum of Understanding with the Culver City Management Group for the
Period of July 1, 2013 through June 30, 2014.
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Dates:
Public Notification: (E-Mail) Agenda and Meetings – City Council (08/06/13); Culver City
Management Group (08/06/2013)
Department Approval:
Serena Wright (07/29/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/05/13)
Chief Financial Officer Approval:
Jeff Muir (08/06/13)
City Manager Approval:
John M. Nachbar (08/06/13)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving a one (1) year
Memorandum of Understanding (MOU) with the Culver City Management Group
(CCMG) for the period of July 1, 2013 through June 30, 2014.
BACKGROUND:
The previous MOU with CCMG expired on June 30, 2013. After months of
negotiation discussions, the City and CCMG have reached a tentative agreement
resulting in a one (1) year contract. The tentative agreement is submitted to the City
Council for consideration. Staff recommends approval of the tentative agreement.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and approval
contains the following major provisions:
• 2% lump sum bonus
• Increase administrative leave bank by 6 hours
• Increase deferred compensation contribution by $35.50 per month
• Increase cafeteria allowance up to $49 per month based on family status
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
The estimated one-time cost for the 2% bonus is $154,000 City-wide, and $128,000
of that is for the General Fund. The increase in the administrative leave bank will
not result in a direct payment to employees, but will likely be used in lieu of vacation
time which does have a cash value of approximately $15,000 per year. The
increased deferred compensation match is estimated to cost $24,000 City-wide, with
$20,000 of that from the General Fund. The increased cafeteria benefit allowance
will cost $17,000 City-wide, with $14,000 from the General Fund.
ATTACHMENTS:
1. Proposed Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
1. Adopt a Resolution approving a one (1) year Memorandum of Understanding
between the City and the Culver City Management Group for the period of July 1,
2013 through June 30, 2014. and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: 08/12/13
AGENDA ITEM: Adoption of a Resolution Approving A One Year
Memorandum of Understanding with the Culver City
Management Group for the Period of July 1, 2013 through
June 30, 2014
ATTACHMENTS
Pages
1. Resolution 1
2. Master Memorandum of Understanding 2 – 52
1
MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY MANAGEMENT GROUP
(CCMG)
July 1, 2013 to June 30, 2014
2ARTICLE ONE
CCMG MOU 2013-2014 Page 3 CCMG _____
CITY _____
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.
3ARTICLE ONE
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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.
4ARTICLE ONE
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CITY ______
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;
5ARTICLE ONE
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CITY ______
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.
6ARTICLE TWO
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ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
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.
7ARTICLE TWO
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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.
8ARTICLE TWO
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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.
9ARTICLE TWO
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CITY ______
C. LIMITATIONS
1. The City strongly encourages departments not to use acting pay for
long-term assignments and to fill vacancies as soon as practicable.
2. Pursuant to Administrative Policy, “domino” assignments, in which
two (2) or more employees are assigned acting assignments, may
not be approved.
3. Department and division heads are required to minimize “domino”
assignments by filling the actual vacancy only.
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
10ARTICLE TWO
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CITY ______
compensation are of a higher or more complex nature than the
employee’s permanent classification.
B. ELIGIBILITY
Special compensation shall only be given when an employee is assigned
higher level duties that are in excess of 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
Unit employees hired prior to November 1, 2011 shall receive 2%
Management Incentive Pay. This additional pay provides eligible
employees extra pay in recognition of the unique nature of their jobs and
the special skills, knowledge and abilities required. The compensation is
paid as earned for normally required duties performed during normal work
hours. It is not compensation in lieu of overtime or in lieu of other benefits
11ARTICLE TWO
CCMG MOU 2013 - 2014 Page 12 CCMG ______
CITY ______
that are excluded from consideration under the statutes and regulations of
the Public Employees’ Retirement System.
Pursuant to the California Code of Regulations (CCR) Section 571,
Management Incentive Pay shall be reported to CalPERS as special
compensation.
VII. SIGNING BONUS
Unit employees shall receive a 2% bonus upon full execution of this
agreement. This bonus may be used at the discretion of the unit
employee. This compensation shall be reported to CalPERS
pursuant to California Code of Regulations (CCR) Section 571, Off-
Salary-Schedule Pay.
12ARTICLE THREE
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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.
13ARTICLE FOUR
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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:
GOVERNMENT
CODE SECTION
BENEFIT
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.
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.
14ARTICLE FOUR
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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 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. .
3. The City continues to pay all other PERS employer related costs for
PERS benefits provided by the City.
4. The City does not warrant that this contribution is "qualified" for tax
deferral and is not to be held liable for such tax payments as may
be determined assessable.
C. CALPERS EMPLOYEE CONTRIBUTION FOR EMPLOYEES HIRED ON
OR AFTER JULY 1, 2011
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.
15ARTICLE FOUR
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3. The City does not warrant that this contribution is "qualified" for tax
deferral and is not to be held liable for such tax payments as may
be determined assessable.
II. MEDICAL INSURANCE
A. MEDICAL INSURANCE – PERS MEDICAL PLANS
The City contracts with the 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 2013 is $115 per month. Inclusive of the statutory minimum,
flexible benefits shall be provided as follows.
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.
16ARTICLE FOUR
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The City will pay 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 premiums for all available City-offered
CalPERS health-care plans for the current year from the average cost of
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, “opt out,” of the
PERS Health Plan medical insurance coverage. The intent of this
provision is to share premium savings that the City will incur as a result of
a unit employee canceling City coverage.
D. OOF 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:
17ARTICLE FOUR
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CITY ______
? 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.
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
18ARTICLE FOUR
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CITY ______
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 medical insurance plans exceeds 4%,
any additional amount shall be borne by the annuitant. The City will
pay 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 shall be calculated by subtracting the average
cost of premiums for all available City-offered CalPERS health-care
plans for the current year from the average cost of 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.
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. 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
19ARTICLE FOUR
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CITY ______
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 2013 is $115/mo.
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 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.
20ARTICLE FOUR
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CITY ______
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
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
21ARTICLE FOUR
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CITY ______
? 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.
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
22ARTICLE FOUR
CCMG MOU 2013 - 2014 Page 23 CCMG ______
CITY ______
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
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).
23ARTICLE FOUR
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CITY ______
? 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.
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 one hundred dollars ($100)
per applicable accredited college unit, plus the actual costs of books, registration
fees and parking permit fees, pursuant to Administrative Policy II-08, as
amended or pursuant to subsequent amendments.
XIV. JOB-RELATED TRAINING
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CITY ______
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.
25ARTICLE FIVE
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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.
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D. REQUESTING LEAVE
1. Except as otherwise provided, no leave of absence with pay shall be
granted to any unit employee without the approval of the
Department Head or designee.
2. Whenever possible, unit employees shall file a request for a leave of
absence on a form provided by the appointing authority, and shall
receive written approval before taking such leave period.
3. When conditions prevent a prior request, the unit employee, upon
return from said leave, may be required to file a report explaining
the conditions which prevented a prior request.
E. FAILURE TO FILE A PRIOR REQUEST
Failure to file a prior request, in the absence of extenuating conditions,
shall be grounds for disciplinary action.
III. OFFICIAL PAID CITY HOLIDAYS
A. OFFICIAL PAID CITY HOLIDAYS
1. Official Paid City Holidays for unit employees shall be considered
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
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CITY ______
of the Official Paid City Holiday.
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 also be eligible to receive forty (40) hours of paid Floating
Holiday leave time each July.
A. ELIGIBILITY FOR FLOATING HOLIDAY LEAVE
Employees shall be eligible to receive forty (40) hours of paid Floating
Holiday leave annually. Floating holiday balances shall be paid in the pay
period that includes ends on or before 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.
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VI. VACATION LEAVE
A. ELIGIBILITY FOR VACATION LEAVE
1. All unit employees shall be eligible for vacation leave after serving
twelve (12) months of employment with the City. 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
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D. ACCUMULATION OF VACATION LEAVE
1. Vacation time may be accumulated by unit employees to a
maximum of twice the annual accrual of vacation hours for which
the unit employee is eligible.
2. Once a unit employee has accrued the maximum amount of
vacation leave, no further vacation leave shall be accrued until the
unit employee’s level of accrued vacation has been reduced to less
than the maximum. At that time, the unit employee shall again
begin accruing vacation but at no time may he/she accrue more
than the maximum allowed pursuant to this section.
E. 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.
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CITY ______
B. PROCEDURE
Accrual cash outs shall be permitted each June 1
st
and December 1
st
. Unit
employees must submit a written request to the Payroll Division prior to
the end of the regular payroll deadline for that pay period. Upon proper
notification, cash out elections shall be included in the 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.
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D. REQUEST FOR APPROVAL OF SABBATICAL LEAVE
1. A request for sabbatical leave must be submitted through the
appointing authority to the City Manager, who has sole discretion in
granting the leave request.
2. Approval of a sabbatical leave will be based upon:
? Submission of an outline of the proposed activity to be
undertaken and completed during the leave period, including
the purpose of the chosen activity and identification of the
benefit to the City; and,
? The ability of the City to continue the employee’s job
functions in his/her absence, with approval of the employee’s
appointing authority.
? If Sabbatical Leave is approved each participant will be
required to submit a report through his/her appointing
authority to the City Manager detailing or summarizing, as
appropriate, the program or activities attended and the value
gained, and will be required to share his/her experience as
training for other City employees within sixty (60) days after
his/her return to active duty.
E. LENGTH OF SABBATICAL LEAVE
1. A Sabbatical Leave of absence with pay may be authorized for up
to three (3) weeks, or one-hundred-twenty (120) hours.
2. A unit employee may request to take additional leave, using his/her
own accrued leaves, depending on the ability of the City to permit
additional absence from the City.
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.
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VIII. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until a unit employee has completed three
(3) full months of service, including time spent on provisional or temporary
appointment.
B. ACCRUAL OF SICK LEAVE
1. Each full-time unit employee shall accrue sick leave each bi-weekly
pay period pro-rated on an annual basis and shall be credited as
follows:
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.
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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.
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.
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3. The remaining unused sick leave in each pay period shall be added
to the unit employee’s accruals up to the seven hundred and twenty
(720) hour maximum.
4. As an alternative to Tier 1 Sick Leave payoff, eligible employees
may:
? Elect on or before December 1 of each year not to participate
in the bi-weekly payoff plan and will then accrue unused sick
leave for the ensuing calendar year (January through
December). However, eligible employees may only accrue to
a maximum of seven hundred and twenty (720) hours ; or
? Unit employees who accumulate and maintain a minimum
credit of 384 hours of unused sick leave may elect, once
annually, to have a lump sum of ninety-six (96) hours of
accrued sick leave paid to him/her. In order to qualify for this
benefit, this time would need to be otherwise payable to the
employee upon separation from employment.
5. Unit employees at the maximum accrual of seven hundred and
twenty (720) hours, or who reach maximum accrual thereafter, will
be paid for three-fourths (75%) of accrued unused sick leave in
each pay period and shall forfeit the remaining 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.
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F. SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE – (NON-
PERSABLE)
1. Upon a unit employee’s death, his/her beneficiaries or estate shall
be entitled to receive the same accumulation benefit payoff as the
unit employee would have received were he/she alive and had
favorably resigned or retired.
2. Any payoff under this benefit is non-PERSable.
IX. PRE-RETIREMENT DISTRIBUTION OF LEAVE ACCRUALS – (NON-
PERSABLE)
1. A unit employee giving 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.
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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.
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
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.
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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.).
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
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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.
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.
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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.
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
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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.
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.
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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.
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.
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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
a 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)
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).
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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
1. When a unit employee covered by the terms of this MOU is promoted or
otherwise becomes a member of another bargaining unit under a different
MOU, he/she shall be paid off at his/her CCMG base hourly rate for any
accrued leave benefit unique to this bargaining unit (i.e., floating holiday)
and shall cease participation in any special pay or other benefit plan of the
CCMG unit.
2. Vacation and sick leave accumulations shall carry over.
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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
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
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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
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.
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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.
5. 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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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 A above.
II. CLASSIFIED EMPLOYEE GRIEVANCE
A classified unit employee grievance shall be processed as provided for in the
City's Civil Service Rules.
III. DISCIPLINE
A. DISCIPLINE OF CLASSIFIED UNIT EMPLOYEES
Disciplining of classified unit employees, shall be as provided in the City's
Civil Service Rules.
B. DISCIPLINE OF UNCLASSIFIED UNIT EMPLOYEES
1. Unclassified (at-will) employees may be subject to discipline under
those same policies, but do not have a right of appeal to the Civil
Service Commission.
2. Unclassified (at-will) employees shall receive disciplinary process
as set forth in Administrative Policy II-16, as amended.
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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.
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ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective July 1, 2013 and together with all the terms,
conditions and effects thereof, shall expire as of midnight on June 30, 2014.
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
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regular or “permanent” status, seniority, layoff rights, or appeals of
discipline or grievances to the Civil Service Commission.
4. Other basic employment policies in Civil Service Rules may apply to
exempt or Unclassified employees, subject to the determination of the City
Manager or City Council.
5. The parties agree that all conditions of employment provided for by the
City's Civil Service Rules, Ordinances, Resolutions or Policy Statements in
effect prior to the date of this M.O.U. - which are not amended or repealed
by the provisions of this M.O.U. remain in force and effect during the term
of this M.O.U., and which are in conflict with the terms of this M.O.U. shall
be considered to have been superseded by this M.O.U.
V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT
1. This MOU contains all of the covenants, stipulations, and
provisions, agreed upon by the parties.
2. Therefore, during the term of this agreement, except as provided
herein, all other compensation and benefits not modified in this
agreement shall remain in full force and effect.
3. Each party acknowledges that it had the full and unlimited
opportunity to meet and confer over any issue it either did raise or
could have raised and hereby waives the right to meet and confer
further during the term of this MOU except as specifically provided
herein.
B. SALARY SURVEY
1. It is understood that the City conducts salary surveys which may
result in upward salary adjustments for certain unit employees.
2. The City agrees to meet and review these adjustments with the
CCMG prior to implementation.
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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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.
A. 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.
52