HomeMy WebLinkAbout2024-033 - Resolution RESOLUTION NO.2024-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN, THE CITY
OF RANCHO CUCAMONGA AND THE EXECUTIVE
MANAGEMENT EMPLOYEE GROUP
WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Executive
Management Employee Group have met and conferred pursuant,to the provisions of the Meyers-
Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and
conditions of employment; and
WHEREAS, representatives of the City and the Executive Management Employee Group
have agreed upon and presented to this City Council an eighteen-month Memorandum of
Understanding (Exhibit A) effective July 1, 2024, to December 31, 2025; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES that said Memorandum of Understanding with the Executive Management
Employee Group is hereby approved and the City Manager is hereby authorized to sign said
Memorandum of Understanding on behalf of the City of Rancho Cucamonga, and the City Clerk
to attest thereto.
Resolution No. 2024-033— Page 1 of 2
PASSED, APPROVED, and ADOPTED this 151h day of May, 2024.
L'y ne B. Kenned , _ayor P o T m
ATTEST:
J is C. Reynolds, City�Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of
Rancho Cucamonga, at a Regular Meeting of said Council held on the 15th day of May, 2024.
AYES: Hutchison, Kennedy, Scott, Stickler
NOES: None
ABSENT: Michael
ABSTAINED: None
Executed this 16t' day of May, 2024, at Rancho Cucamonga, California.
J is C. Reynolds, Ci Clerk
Resolution No. 2024-033— Page 2 of 2
City of Rancho Cucamonga
CONTRACT NUMBER,
got - ID
MEMORANDUM OF UNDERSTANDING
CITY OF RANCHO CUCAMONGA
AND
EXECUTIVE MANAGEMENT EMPLOYEE GROUP
July 1, 2024 — December 31, 2025
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND
EXECUTIVE MANAGEMENT EMPLOYEE GROUP
SECTION 1: EFFECTIVE DATE
The provisions of this MOU are effective July 1, 2024, and shall continue for an 18-
month period, ending December 31, 2025.
SECTION 2: COST OF LIVING ADJUSTMENT
Effective the first full pay period in July 2024, all Executive Management Group covered
employees will receive a 2.4% cost of living adjustment. (The increase and
corresponding deferred pay will be paid out first full pay period in September 2024.)
Effective the first full pay period in July 2025, all Executive Management Group covered
employees will receive a 2% cost of living adjustment.
A. Equity Adjustment
Effective the first full pay period in January 2025, the following EMG positions shall
receive a two percent (2%) equity adjustment:
Engineering Services Director/City Engineer
Finance Director
Human Resources Director
Innovation and Technology Director
B. Equity Study
The City will retain an outside consultant to do a market equity study for the Animal
Center, Building and Safety, and Public Works Director positions, including, if necessary,
recommendations. If the consultant is unable to find the minimum number of comparable
agencies and positions within 100 miles of the 91730-area code, based on scope of
duties, education, experience and size of organization, the results will not be valid for
market equity adjustment purposes. The study will be completed by December 31, 2024.
SECTION 3: SALARY STRUCTURE
Executive Management employees will be assigned to salary ranges, which are no less
than 20% (40 salary code steps) below the control point and no more than 15% (30
salary code steps) above the control point. Actual salary within the range is determined
by performance, achievement of goals and objectives, or for recent appointments,
growth within the position.
A. In order to prevent compaction issues, the top step of every Executive Management
Covered employee's salary range should be a minimum of 5% above the top step of
the available salary range of any subordinate employee as determined by the City
Manager. Human Resources will review compaction issues each year taking into
account any changes in salary ranges due to increases in control points, top steps and
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cost of living adjustments.
SECTION 4: EXECUTIVE BENEFITS
Employees designated as Executive Management are not eligible for overtime pay, or
compensatory time for working hours over and above the normal daily work schedule.
Employees so designated shall be entitled to all benefits provided to general employees and
the following:
A. Management Leave - One hundred (100) hours per fiscal year. Days off must be
approved by appropriate supervisor. In order to compete for talented Executive
Staff, the City Manager may provide up to an additional 100 hours of Management
Leave to an Executive Management covered employee upon hire. This additional
Management Leave must be used within the first three years of the new employee's
time with the City. The City does not recognize Management Leave as a property
right and does not provide any cash-out provisions should an employee leave City
service and still have a positive amount of Management Leave.
B. Life Insurance - Life insurance in the amount of 100% of the annual base salary
plus $75,000.
C. Deferred Compensation - Six percent (6%) of base salary. Additional voluntary
individual contributions above the 6% of base salary level will be matched dollar for
dollar by the City up to a limit of 4% of base salary. The total contributions for both
City and Employee cannot exceed the maximum annual contributions as
determined by the Internal Revenue Service.
Deferred Compensation shall be automatic with an opt-out provision for new
members. The 457 Plan match is paid into the 401A Plan match.
D. Automotive Allowance — $500 per month if a City vehicle is not provided.
E. Executive Reimbursement - The City shall provide up to $2000 each fiscal year
to be applied to either Executive Physical or for Technology Reimbursement
subject to the following conditions:
1. Executive Wellness Plan
The City shall provide reimbursement for employee for an Executive Physical,
and related approved expenses, up to a maximum amount of $2,000 per fiscal
year. If the employee selects or requires additional services beyond the $2,000
per fiscal year amount, employee may receive reimbursement for additional
approved expenses in an amount equivalent to any unspent funds remaining
from employee's Executive Benefits from the prior fiscal year. If no unspent funds
remain from employee's Executive Benefits from the prior fiscal year, employee
may receive reimbursement for additional approved expenses as an advance
against employee's next immediate fiscal year Executive Benefits (1-year
advance only). In no event shall any employee receive more than $4,000 total
reimbursement for an Executive Physical, and related expenses, in one fiscal
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year. Approved providers, and a list of eligible reimbursable services, shall be
determined by the Human Resources Department.
2. Technology Reimbursement
The City shall provide reimbursement for employee to procure ancillary
technology devices and related peripherals in support of their positions up to a
maximum of $2,000 per fiscal year amount, employee may receive
reimbursement for additional approved expenses in an amount equivalent to any
unspent funds remaining from employee's Executive Benefits from the prior fiscal
year. In no event, shall any employee receive more than $4,000 total
reimbursement for technology devices, and related expenses, in one fiscal year.
Approved devices and peripherals shall be determined by the Human Resources
Department. Ancillary technology devices are defined by the following
categories, including the minimum replacement cycle for each device category:
Mobile Phone: 2-year replacement cycle
Tablet Device: 3-year replacement cycle
PC or Laptop: 3-year replacement cycle
Printer: 3-year replacement cycle
The City will no longer provide employees a phone stipend or any ancillary
technological devices, other than a desktop or laptop computer for his/her
workstation as is provided to most City employees for their daily use. Devices
procured under the reimbursement program must be made available for work
related activities. Reimbursed devices are exclusive to the employee for personal
and City related use and may not be transferred to another user or owner during
the replacement cycle.
SECTION 5: HEALTH INSURANCE
A. LEVEL OF BENEFIT
The City shall provide employee and family health insurance for all represented
full-time continuous employees within the bargaining group,` subject to the
limitation that no such monthly funding by the City shall exceed the following:
$1,300 effective the second full pay period in December 2022.
$1,500 effective the first full pay period in December 2024.
B. CASH IN-LIEU PAYMENT
Represented employees who wish to waive medical coverage under a city-paid
medical insurance plan, are eligible for this benefit and may opt out of medical
insurance, as long as they meet ACA requirements.
Employees eligible for this benefit shall receive $300 per month cash in-lieu
payment. To be eligible, an employee must provide the following:
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(1) proof that the employee and all individuals for whom the employee intends to
claim a personal exemption deduction for the taxable year or years that begin or end
in or with the City's plan year to which the opt out applies ("tax family"), have or will
have minimum essential coverage through another source (other than coverage in
the individual market, whether or not obtained through Covered California) for the
plan year to which the opt out arrangement applies ("opt out period"); and
(2) the employee must sign an attestation that the employee and his/her tax family
have or will have such minimum essential coverage for the opt out period. An
employee must provide the attestation every plan year at open enrollment or within
30 days after the start of the plan year. The opt-out payment cannot be made, and
the City will not in fact make payment if the employer knows that the employee or tax
family member does not have such alternative coverage, or if the conditions in this
paragraph are not otherwise satisfied.
C. AFFORDABLE CARE ACT (ACA) REOPENER
The City may reopen negotiations on the issue of health insurance benefits to
address changes to or the elimination of the ACA and in order to avoid penalties
or taxes under the ACA or other statutory scheme that may result from an
interpretation of the ACA or other statutory scheme by the Internal Revenue
Service or other federal agency (including, but not limited to, a revenue ruling,
regulation or other guidance) or state agency, or a ruling by a court of competent
jurisdiction. These negotiations will not result in a reduction in the amount the
City provides for employee health coverage.
SECTION 6: RETIREE MEDICAL
Subject to the conditions stated below, effective upon a service or disability retirement from
City service at or beyond age 55 with 10 consecutive years of City service at the time of
retirement, retirees shall be eligible to 100% personally funded without any City
contribution, participation in a group health insurance program(s) which is making group
health insurance available to the City's retirees and eligible dependent.
It is agreed and acknowledged by the parties to this MOU that no representation is or can
be made by the City, that such group retiree health insurance is available, or if available,
will remain available for any specific future period of time.
If no such group health insurance is reasonably available, or if the private carrier(s)
terminates such coverage as to the retiree group or any individual group member, the City
shall have no obligation/duty to self-fund or otherwise provide insurance or replacement
insurance. All premiums for the retiree and/or eligible dependents shall be borne by the
retiree. The City shall advance and submit the necessary premiums to the carrier(s),
subject to the retiree reimbursing the City not later than 30 calendar days after City payment
of the premium. Failure to timely reimburse the City shall result in no further premium
payments being made by the City, resulting in termination of insurance coverage.
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The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless
of whether or not the retiree is eligible for Medicare.
City shall advise the group carrier of the insured's status as a retiree or eligible dependent.
Coverage eligibility shall then be solely determined by the group insurance carrier(s).
It is likely that premium rates for retirees and/or dependents shall be greater than rates for
employees. Regardless, retirees shall pay 100% of said rates.
If at any time, it is determined by any group health insurance carrier that the City is
prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree
enrollment in said group insurance plan shall immediately terminate upon rendering of the
insurance carrier's decision. In such case, no retiree shall seek reimbursement from the
City for any prior premiums paid by the retiree to the City as and for premium
reimbursement.
SECTION 7: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried employees
and their qualifying dependents.
SECTION 8: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full-time continuous salaried
employees and their qualifying dependents.
SECTION 9: IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT PLAN
The City has established an IRS Section 125 Flexible Spending Account Plan managed by
a third-party administrator that is open to voluntary participation by members of the
bargaining unit. The City agrees to pick up all administrative fees associated with
maintaining this program for bargaining unit members(including but not limited to debit card
fees.)
SECTION 10: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA)
The City has established a Voluntary Employee Benefit Association (VEBA) through the
California Government Voluntary Employee Benefit Association to assist employees with
planning for future health care expenses.
Contributions to the Plan shall be made as City contributions through a salary reduction
arrangement. All contributions made on behalf of employees through such salary reduction
arrangement are made on a pre-tax basis in accordance with IRS provisions. No Employer
contributions are to be made to the plan. At the discretion of the Executive Management
Group, contributions may be amended once per year provided that such amendment is
permitted by IRS regulations and in conformity with the Plan Document.
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SECTION 11: RETIREMENT BENEFIT
c
Unit members who do not meet the definition of "new member" under the California
Public Employees' Pension Reform Act of 2013 (PEPRA) (those unit members shall be
referred to as "classic members") are enrolled in either the CalPERS retirement plan
commonly referred to as the 2.5% at age 55 retirement plan ("Tier 1"), or in the 2% at
age 55 retirement plan ("Tier 2") and shall be provided the benefits as described
below:
A. Tier 1 - Employees Hired Before July 4, 2011
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Yr. Final Compensation
Employees shall pay the full eight percent (8%) of their PERSable compensation towards
the CalPERS member contribution.
B. Tier 2 - Employees Hired on or After July 4,2M1
§ 21354.4 2% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 3 Yr. Final Compensation
Employees shall pay the full seven percent (7%) of their PERSable compensation towards
the CaIPERS member contribution.
C. It is understood that all contributions paid by the employee as described in Parts A
through B above shall be calculated based upon the full base salary of the
employee, plus any additional PERSable compensation, The parties agree that to
the extent permitted by law, this is special compensation and shall be reported as
such pursuant to Title 2 CCR, Section 571(a)(1)(F) as Value of Employer-Paid
Member Contributions. The parties also agree that the City has no additional
obligation or costs should CalPERS, the State or the IRS determine
otherwise. The City adopted a resolution providing that all employee
CalPERS contributions shall be deducted on a pre-tax basis to the extent
permitted by law or IRS regulation. All employee payments of the employer
share are done pursuant to Government Code Section 20516(f)
There shall be no sunset date to any provision in Section 11.
D. PEPRA Employees hired on or after January 1, 2013*
The California Public Employees' Pension Reform Act of 2013 (PEPRA) - As it
may from time to time exist, the PEPRA shall in its entirety be given full force
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and effect. Any provision in this MOU which contradicts any provision of the
PEPRA shall be deemed null and void, with the contrary PEPRA provision(s)
being given full force and effect. Therefore, no provision of PEPRA shall be
deemed to impair any provision of this MOU or any MOU, Agreement, Rule or
Regulation predating this MOU. PEPRA includes, but is not limited to, the
provisions described below:
*Unit members hired on and after January 1, 2013, deemed to be a "new
member" as defined in Government Code § 7522.04, shall individually pay an
initial Member CALPERS contribution rate of 50% of the normal cost rate for
the Defined Benefit Plan in which said "new member" is enrolled, rounded to
the nearest quarter of one percent (1%), or the current contribution rate of
similarly situated employees, whichever is greater.
Unit members who are "new members" and miscellaneous employees on and
after January 1 , 2013, shall be enrolled in the two percent (2%) @ 62
retirement formula (Govt. Code§ 7522.20).
Unit members who are "new members" on and after January 1, 2013, shall
have "final compensation" measured by the highest average annual
pensionable compensation earned by the member during a period of at least
36 consecutive months (Section 7522.32.), and their retirement benefits shall
be calculated based on "pensionable compensation" (Section 7522.10) rather
than "compensation earnable" (Section 20636).
E. In addition, the City has adopted the PARS Retirement Enhancement Plan
generally described as .5% (one-half percent) at 55 or at 60, depending upon
the employee's hire date, for all miscellaneous employees hired on or prior to
December 31 , 2012. To be eligible, employees must be at least age 56, have
ten (10) ,years of full-time continuous service and retire from the City. This
benefit will be paid to qualified retirees in addition to any CalPERS benefits to
which they are entitled.
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SECTION 12: VACATION
All full-time employees shall, with continuous service, accrue working hours of vacation
monthly according to the following schedule. In order to compete for talented Executive
Staff, the City Manager may provide an accrual rate for new Executive Management
Group covered employees up to the equivalent of a ten-year employee upon hire. This
is important as many experienced candidates have significant time in the public sector
and might have to begin at a much lower accrual rate than they receive at their current
Agency.
Length of Hours Annual
Service Accrued Hours
In Years Per Pay Period Accrued
1-3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15-19 6.923 180
20+ 7.962 200
SECTION 13: VACATION BUYBACK
Annually, any employee that wants to have the City buy back vacation hours shall make
an irrevocable election to do so. The irrevocable election shall be submitted in writing
to the City's Human Resources Department on or before December 15 and shall
indicate the number of hours of vacation that the employee expects to earn in the
following calendar year that the employee wants the City to buy back, with a minimum
buy back of 20 hours up to a maximum of 200 hours. This buy back shall occur twice
annually, in June/July (between the last payday in June and the first pay day in July)
and December (between the first and second payday of the month), and the employee
must indicate the total amount of hours they want paid out in June/July and in
December. Regardless of the number of hours requested to be cashed out at either
time, the most the City can cash out is the number of hours accrued and available in
that calendar year to date. Employees must maintain a minimum of 40 hours of accrued
vacation subsequent to any payment of vacation buyback time.
SECTION 14: VACATION CAP
Effective December 2020, and every subsequent December, any employee with more than
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1,040 hours of accrued vacation time will have their accrued vacation lowered to 1,040
hours and the cash equivalent of those hours above 1,040 will be deposited into their VEBA
account in April of the following year.
Example: Joe has 1,140 hours of accrued vacation in December2020; his accrued vacation
is lowered to 1,040 hours and the cash equivalent of 100 hours of vacation time is
transferred to his VEBA account in April 2021.
SECTION 15: HOLIDAYS
Employees receive the following 14 holidays. All full-time continuous salaried employees
shall be compensated at their regular rate for these days:
(1) July 4 Independence Day
(2) First Monday of September Labor Day
(3) November 11 Veteran's Day
(4) Fourth Thursday of November Thanksgiving Day
(5) Day following Thanksgiving
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(8) January 1 New Year's Day
(9) Third Monday of January Martin Luther King's Birthday
(10) Third Monday of February President's Day
(11) Last Monday of May Memorial Day
(12) Three discretionary days may be taken by an employee at his/her convenience
subject to approval of the supervisor. Days may not be carried over from one
fiscal year to the next.
Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed
as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where
two (2) consecutive days are holidays and it would result in the City Hall being open to
serve the public only two (2) days during the week, only one (1) of the holidays will be
observed and the other holiday will become a floating holiday. For example, for
Thanksgiving, Thursday will be observed as the regular holiday; however, Friday will
become a floating holiday to be used at a later date. For Christmas, Wednesday will be
observed as the regular holiday; however, Tuesday (the day preceding Christmas) will
become a floating holiday to be used at a later date. In' the instance of Thanksgiving,
Christmas or New Years, employees will have until June 30 to use those floating holidays
accrued between Thanksgiving and New Year's. Also, those days will not accrue as floating
holidays until the actual holiday has occurred. Each year the City will designate which
days will be observed and which are floating holidays.
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Employees who are eligible to bank a holiday have until June 30 (end of fiscal year)to use the
banked holiday earned from July 1 through April 30. Any holiday banked in May and June;
employees have until September 30 to use the banked holiday.
SECTION 16: HOLIDAY FACILITY CLOSURE
During the term of this MOU, there will be holiday facility closures, certain City facilities
may close in conjunction with the Christmas and New Year's holidays. Closure dates for
City facilities shall be determined by the City in order to balance the impact on public
services. The City will strive to provide a schedule of Holiday Facility Closures at least six
months or more in advance of the closure. During a holiday closure, affected represented
employees may take paid leave from holiday, management leave, vacation accruals, or
use unpaid leave. When holiday closures are implemented by the City, Section 15's
provision regarding consecutive holidays shall not apply.
SECTION 17: BEREAVEMENT LEAVE
When a death occurs in the family of a full-time employee, the employee shall be granted
up to 80 hours of bereavement leave with pay. A death certificate or other acceptable
evidence may be required by the City Manager or designee before leave is allowed.
Family members are defined as follows: employee's spouse or domestic partner,
employee's parents, employee's grandparents, employee's children, employee's
siblings, employee's grandchildren, employee's great-grandchildren, employee's great
grand-parents, employee's spouse or domestic partner's parents, employee's spouse
or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or
domestic partner's children, employee's spouses grandchildren, employee's spouse or
domestic partner's great-grandchildren, employee's spouse or domestic partner's great-
grandparents, or a blood relative residing with employee. The City Manager or designee
shall approve such bereavement leave. (References to domestic partner refer to
registered domestic partners, as defined by California Family Code Section 297).
Employees are eligible for an additional 40 hours of bereavement leave in addition to
the currently provided 80 hours when the bereavement leave is related to the
employee's spouse or domestic partner, employee's parents, employee's children,
son-in-law, daughter-in-law, or employee's siblings, employee's spouse or domestic
partner's parents, employee's spouse or domestic partner's children, or a blood
relative residing with the employee.
SECTION 18: PERSONAL LEAVE
Employees can use up to 40 hours of accrued sick leave, vacation, management leave
or holiday time as personal leave. These 40 hours can be used incrementally (i.e.,
1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring
the employee's attention and needs to be cleared with their supervisor when using this
time.
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SECTION 19: SICK LEAVE
All full-time employees shall, with continuous service, accrue 120 hours of sick leave
annually. Sick leave accrual (10 hours/month) begins on the first day of employment.
A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such
as the diagnosis, care, or treatment of health condition), or preventive care.
B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such
as the diagnosis, care, or treatment of a health condition), or preventive care of a
qualified family member.
For the purpose of Family Sick Leave, a qualified member means the employee's: child
(includes any age or dependency status, or for whom the employee is a legal ward or
stands in loco parentis), parent (includes person who stood in loco parentis of the
employee as a child), parent-in-law, spouse, registered domestic partner, grandparent,
grandparent-in-law, great-grandparent, great-grandparent-in-law, grandchild, great-
grandchild, or sibling.
C. Other Statutory Use
Sick Leave can be used to cover an absence for an employee who is victim of domestic
violence sexual assault, or stalking to:
(a) Obtain or attempt to obtain a temporary restraining order or other court assistance
to help ensure the health, safety, or welfare of the employee or their child(ren).
(b) Obtain medical attention or psychological counseling; service from a shelter;
program or crisis center; or participate in safety planning or other actions to increase
safety.
Should the City suspect that there is an abuse of sick leave by the employee, the
City may require that the employee submit to Human Resources a physician's
certificate to support the absence.
SECTION 20: SICK LEAVE BUYBACK AND EARLY RETIREMENT NOTIFICATION INCENTIVE
Employees within the bargaining unit who terminate their city employment, the City will
buyback 150 hours of sick time if they provide at least four weeks' written notice of their
intent to separate.
Employees who provide early notification of their intent to retire from the City, will receive
additional accrued sick leave hours in accordance with the schedule below (this is not
cumulative, depending on the notice provided employees get an additional 100, 75, 50 or
20 hours of sick leave buyback). Notification must be given in writing to Human
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Resources in the form of an irrevocable letter of resignation with intent to retire.
Notification of at least twelve 100 hours additional sick leave buyback**
months (365 calendar days*)
Notification of at least six months 75 hours additional sick leave buyback
(180 calendar days*)
Notification of at least four months 50 hours additional sick leave buyback
(120 calendar days*)
Notification of at least two months 20 hours additional sick leave buyback
60 calendar days*)
*Employees must have leave available in order to be eligible for the additional buyback.
Use of vacation and management leave during the time between the notification and the
employee's retirement date will not be counted toward the required notification periods in
the schedule above.
SECTION 21: NATAL AND ADOPTION LEAVE WITHOUT PAY
The City shall provide employees up to four (4) months natal and adoption leave for the
birth or adoption of a child including the paid leave as outlined below; such leave shall be
pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California
Government Code section 12945), if applicable. The City's PDA policy is incorporated
herein by reference. Employees on this leave of absence without pay beyond the four-
month period will be responsible for the payment of medical, dental, and optical
premiums to keep the coverage in force during the leave of absence.
SECTION 22: NATAL AND ADOPTION LEAVE WITH PAY
Employees within the bargaining unit are granted up to 120 hours of natal and adoption
leave with pay for the birth or adoption of a child, however, use of the 120 paid hours
does not extend any time charged under FMLA or CFRA. Any paid time required beyond
this initial 120 hours must be charged to sick leave, vacation, compensatory or floating
holiday time.
SECTION 23: WORKERS COMPENSATION LEAVE
Any employee covered herein who is receiving disability payments under the "Workers
Compensation Act of California" for on-the-job injuries sustained while engaged in the
performance of duties of any such City position, shall receive from the City during the
first three (3) months of such disability absence, payments in an amount equal to the
difference between the disability payments received under the Workers Compensation
Act and the employee's full salary. Such payments by the City should be made without
any deduction from accrued sick leave benefits. The City's obligation for such payments
shall commence on the first day of such disability absence. In the event the
employee's disability absence should exceed three (3) months, an employee shall be
allowed to supplement the Workers Compensation benefit received under State law
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with available accrued sick leave, accrued vacation leave, or accrued compensatory
time. The total number of leave hours, along with the Workers Compensation benefit,
shall not exceed the employee's base pay for each day of the leave. For this purpose,
accrued leave hours can be used in one-hour increments.
SECTION 24: MILITARY LEAVE
Employees required to serve military leave will be compensated pursuant to the Military
and Veterans Code. To qualify for compensation the military orders must be submitted
to the supervisor prior to their tour of duty and must be attached to the timecard for that
pay period.
SECTION 25: MILITARY SERVICE BUY BACK
Employees have the option for military service buy back at the employee's expense.
SECTION 26: TUITION REIMBURSEMENT FOR APPROVED COLLEGE/
UNIVERSITY COURSES
Reimbursements by the City of the following enumerated college and/or university course
expenses shall not exceed $2,300 during any fiscal year.
Eligibility for said reimbursement in an amount not to exceed $2,300 in any one fiscal
year shall be contingent upon a determination by the employee's department head or his
designee that all of the following conditions precedent exists:
A. Expenses shall be incurred as regards coursework undertaken at a college or
university that is licensed/accredited by the State of California, and Colleges and
Universities accredited by any of the six (6) regional higher education accreditors
in the United States. The applicant for reimbursement shall present to the Human
Resources Department documentation prepared by the accredited/licensed
college or university which evidences the applicant's receipt of a grade of "C" or
"pass" in a pass/fail class. As regards each class for which reimbursement is
sought (where an employee is simultaneously enrolled in multiple approved
classes and does not receive a "C" or "pass" in any one or more of such classes,
the amount of expenses subject to City's reimbursement shall be reduced and/or
as appropriate, pro-rated to reflect no reimbursement being made for expenses
related to classes where the minimal grade was not received).
B. Eligibility for reimbursement for said expenses shall be confined to either: 1) those
courses that in and of themselves consist of curriculum which is predominately
related to the development of skills reasonably anticipated by the City to enhance
the applicant's job performance (by means of a non-inclusive example only, art
classes would not qualify for reimbursement); or 2) where the employee has
declared a major that is job-related as set forth in this Section C, to those classes
which must be completed as a condition precedent to successful completion of the
course of study in the selected major.
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C. Eligibility for reimbursement upon completion of coursework shall be predicated
upon the employee's department head or their designee, making a written
determination prior to the affected employee's enrollment in the course(s)for which
reimbursement is later sought, that the coursework is offered by an accredited
college or university and that the above-described job nexus does exist. The
determination of the City Manager or their designee in such regards shall be final.
D. The costs which shall be subject to reimbursement are limited to the following: 1)
tuition; 2) books; 3) supplies; 4) parking; and 5) laboratory. In addition to all other
conditions precedent to reimbursement set forth in this section, prior to
reimbursement being approved, receipts shall be provided to the Human
Resources Department and shall evidence each expenditure for which
reimbursement is sought.
E. CERTIFICATIONS AND RECERTIFICATIONS: The City will pay for the cost of
any required certifications or recertification required of employees to maintain
their positions. Required certifications must be outlined in an employee's
specification classification. Deputy City Managers with the approval of the City
Manager can add to but not eliminate certifications and recertifications that
Departments will cover the costs for employees to maintain. Any additions by
a Deputy City Manager must be applied equally to all employees in that
classification.
SECTION 27: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS
The City may pay the cost of training and certificate programs, up to $10,000, for individual
employees that are not required to maintain their positions, with the goal of providing
additional development opportunities for employees.
Employees can request that the City pay the cost of such training and certifications. The
Department Director and/or Deputy City Manager, with the approval of the City Manager,
may approve these requests, subject to budget availability. If an employee requests
participation in a training or certificate program with a registration cost of $2,000 or more,
the employee will be required to repay the cost of that training or certificate if they leave
City employment within 4 years of the registration for that program. One-quarter of the
amount owed is forgiven each year. The employee must sign an agreement indicating that
any outstanding amount can be deducted from their final paycheck upon separation any
outstanding amount is due at separation.
This benefit does not pertain to professional conferences related to an employee's ongoing
continuous learning, which are routinely budgeted within a department's budget.
SECTION 28: ANNUAL PERFORMANCE REVIEW MODIFICATION
Annual performance reviews have been replaced with professional development plan and
at least 2 ongoing coaching check-ins a year. Training as well as handouts will be
provided to employees and supervisors to assist with the professional development plan
and yearly coaching conversations. The City will review the form(s) and process with this
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committee at least every three years to assure their usefulness for employees and
supervisors.
New EMG employees are eligible to receive a merit increase during their first year with the
City and promoted EMG employees are eligible to receive a merit increase during their first
six-months in their new role. They would then be eligible for the development plan review
increase as long as their first-year or six-month anniversary respectively was prior to the
end of November(ex. A New employee hired in March through November would be eligible
for the upcoming February increase. An employee hired in December to February would
have to wait for the following February for another increase).
Each November, employees and their supervisors will work together to develop the
Professional Development Plan which must be completed by the employee and supervisor
by the end of the second full week in December of every year.
Plan timeline:
• No later than the first and second Week of November— Employee fills out their "My
Action Plan."
• Third and fourth week of November— Employees and Supervisors work together on
the Plan, and Supervisors review the plans with their Managers or who their
Department determine.
• Remainder of November through second week of December - Supervisors finalize
the Plan taking into account any input which their supervisors provided and go over
the Plan with the employee before submittal.
Upon submission of the completed Plan in December (as outlined in the timeline above),
employees not at top step are eligible for a merit increase of 3%, but no greater than top
step. The change will be reflected in the first full pay period the following February.
Employees at the top step of their salary range will be eligible to receive a stipend of
$500, paid in conjunction with the check from the first full pay period in February. There is
no retroactivity for Plans not timely submitted. Employees on a performance improvement
plan as of December will not be eligible for a merit increase or stipend.
Article 29: SEVERANCE
All Executive employees are at-will employees who may be terminated with or without
cause, and who have no appeal rights.
Executive employees with over one (1) year of continuous employment with the City from
July 1, 2022, who are terminated, will be eligible to receive severance pay of 90 calendar
days of their base salary if the terminated employee voluntarily executes a Compromise
and Release Agreement, which includes a waiver of all claims against the City and/or
challenges to their termination, within ten (10) calendar days of receiving notice of
termination.
Executive employees with over five (5) years (60+ months) of continuous employment with
the City from July 1, 2022, who are terminated, will be eligible to receive severance pay of
120 calendar days of their base salary if the terminated employee voluntarily executes a
Compromise and Release Agreement, which includes a waiver of all claims against the City
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and/or challenges to their termination, within ten (10) calendar days of receiving notice of
termination.
Employees are not required to execute the Compromise and Release Agreement since it is
an agreement, and its execution is totally voluntary on the part of the employee. However,
it is a condition of receiving the severance pay. The severance pay is consideration for the
Agreement.
Section 30: SENIOR DEPARTMENT HEAD ADDITIONAL DUTIES PAY
Department Heads who work and provide guidance during the transition of a new
Department Head within their Department are eligible to receive $2,600 a year ($100 per
pay period) in Senior Department Head additional duties pay for taking on the added
responsibilities of assisting the new Department Head while retaining the duties of their
current position.
SECTION 31: 4/10 WORK WEEK
City Hall operates on a 4/10 work week, hours 7:00 a.m. to 6:00 p.m., Monday through
Thursday. Remote facilities operate on a 40-hour work week of varying days and times.
SECTION 32: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buyback
payouts can be by paper check.
SECTION 33: BI-LINGUAL PAY
Employees who qualify for bi-lingual pay will be provided $50.00 per month.
SECTION 34: TEAM RC APPAREL
The City will provide all bargaining unit members a Team RC shirt at least once per fiscal
year at a cost not to exceed $50.
SECTION 35: MANDATORY USE OF MULTI-FACTOR AUTHENTICATION TECHNOLOGY
The City will require the use of multi-factor authentication technology by employees for
access to all City systems including Workday. This would include the placement of such
technology on all devices employees use to access City systems including personal cell
phones.
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SECTION 36: ADOPTION OF MOU
This memorandum between the City and the Executive Management Group was adopted on
May 15, 2024.
For the City of Rancho Cucamonga: For the Executive Management Group:
Date Date
1
Jo n R. Gillison JennvKf Hun racia
City Manager Exe uti e M agement Group Representative
Za Neig bor
Executive Management Group Representative
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