Loading...
HomeMy WebLinkAbout2024-035 - Resolution RESOLUTION NO.2024-035 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 RANCHO CUCAMONGA MANAGEMENT ASSOCIATION WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Rancho Cucamonga Management Association 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 Rancho Cucamonga Management Association 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 Rancho Cucamonga Management Association 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. 2024-035— Page 1 of 2 PASSED, APPROVED, and ADOPTED this 15th day of May, 2024. y ne B. Kenne _y_,.Ma r ro Tem ATTEST: /,��a 0e . 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 1511 day of May, 2024. AYES: Hutchison, Kennedy, Scott, Stickler NOES: None ABSENT: Michael ABSTAINED: None Executed this 16th day of May, 2024, at Rancho Cucamonga, California. Jan' Reynolds, City Cler Resolution No. 2024-035— Page 2 of 2 City of Rancho Cucamonga CONTRACT NUMBER 2021.1—/03 MEMORANDUM OF UNDERSTANDING r CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA MANAGEMENT ASSOCIATION July 1, 2024— December 31, 2025 1 t I MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND RANCHO CUCAMONGA MANAGEMENT ASSOCIATION (RCMA) SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective upon City Council approval and shall continue for an 18-month period, ending December 31, 2025. A. Negotiations for Successor The City and RCMA agree that negotiations for the successor MOU will begin on or before July 10, 2025. The City and RCMA agree to meet and confer at least twice per month while negotiations are ongoing, unless both parties mutually agree to fewer meetings in a month. Q RCMA agrees to take Tentative Agreements reached at the table to their membership for a ratification by their members within 60 days or they expire. SECTION 2: SALARY SURVEY The City shall conduct a salary survey of labor market cities approximately six (6) months before the start of new labor negotiations for the next MOU. Each year the City will survey a minimum of six (6) positions in the bargaining group, including a minimum of one (1) from each workgroup, ensuring that all members of the bargaining unit are surveyed over four(4) years. The rotation for positions surveyed was determined through a randomized lottery draw as follows: EXISTING SURVEY POSITIONS: Assistant to the City Manager Community Affairs Manager Deputy Director Engineering/Deputy City Engineer Facilities Superintendent Senior Civil Engineer Senior Planner Traffic Engineer YEAR 1: Animal Center Manager Deputy Director of Finance Deputy Director of Human Resources Principal Management Analyst Senior Executive Assistant Deputy Director of Engineering Environmental Programs Manager Utilities Operations Manager 2 Community Services Superintendent Deputy Director of City Clerk Services YEAR 2: Plan Check & Inspection Manager Deputy Director of Building and Safety Chief Information Security Officer Finance Manager Risk Manager Deputy Director Engineering/Utility Manager Economic Development Manager Public Works Maintenance Manager Community Services Manager Deputy Director of Community Services YEAR 3: Deputy Director of Animal Services Accounting Manager Deputy Director of Innovation and Technology Procurement Manager City Planner/Planning Manager Deputy Director of Public Works Principal Engineer Street/Storm Drain Maintenance Superintendent Principal Planner Deputy Director of Library Services Library Services Manager YEAR 4: Building & Safety Manager Veterinarian Community Improvement Manager Principal Accountant Revenue Manager Deputy Director of Economic Development Deputy Director of Planning Park/Landscape Maintenance Superintendent Principal Librarian Cultural Center Manager Positions will be surveyed for individual market and internal equity purposes only. There must be a minimum of six comparable agencies in the survey group or results will not be valid and will not be included with' the existing survey positions. The information gathered will be shared with the group. The group survey for overall market equity comparison will continue to use existing survey positions to ensure longitudinal validity. 3 SECTION 3: COST OF LIVING ADJUSTMENT Effective the first full pay period in July 2024, all RCMA covered employees shall receive a two percent (2%) 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 RCMA covered employees shall receive a two percent (2%) cost of living adjustment. A. Equity Adjustment Effective the first full pay period in January 2025, the following RCMA positions shall receive a two percent (2%) equity adjustment: Building and Safety Manager Community Improvement Manager Economic Development Manager, Environmental Programs Manager Library Services Manager Principal Accountant Procurement Manager SECTION 4: SALARY STRUCTURE All employees will be assigned to salary ranges that are no less than 20% belowthe control point and no more than 10% 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. SECTION 5: PROFESSIONAL DEVELOPMENT PLAN AND MERIT INCREASE Annual performance reviews have been replaced with professional development plans and at least two (2) ongoing coaching check-ins a year. The City formed a committee of all bargaining groups who agreed to the change. 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 committee at least every three (3) years to ensure their usefulness for employees and supervisors. RCMA employees on or starting a probationary period would be eligible to receive up to five percent(5%)through the term of their probationary period per the Personnel Rules and are then eligible for the merit increase in the next development plan cycle, as long as the probationary period was completed before the end of November(ex. An employee whose probationary period ended in March through November would be eligible for the upcoming February increase. An employee whose probationary period ended 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 4 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 determines. • Remainder of November through the second week of December — Supervisors finalize the Plan, taking into account any input that their Supervisors provided and going over the Plan with the employee before submission. Upon submission of the completed Plan in December. (as outlined in the timeline above), employees not at the top step are eligible for a merit increase of four percent(4%), but no greater than the 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$250, paid in conjunction with the check for 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. SECTION 6: MANAGEMENT BENEFITS Employees designated as Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees shall be entitled to the benefits below: A. Management Leave — Eighty-five (85) hours per fiscal year. Days off must be approved by the appropriate supervisor. B. Life Insurance — The City provides $50,000 base coverage of life insurance for bargaining unit employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City's group rate. C. Deferred Compensation 457 Plan —Bargaining unit members may contribute to the 457 Plan. The City matches up to 2% of what the employee contributes into their 457 Plan through payroll deductions, into the 401(a) Plan. Participation in the 457 Plan at two percent (2%) for new bargaining unit members shall be automatic with an opt-out option. 401(a) Plan—The City contributes four percent(4%)of the base salary paid into the 401(a) Plan for all RCMA employees. 5 SECTION 7: HEALTH INSURANCE A. Level of Benefit The City shall provide employee and family health insurance for all full-time continuously salaried employees within the bargaining unit, subject to the limitation that no such monthly funding by the City shall exceed $1,275 per month. Effective the first full pay period in December 2024, the monthly amount will increase to $1,400. B. Use of Accrued Vacation for Above City-Paid Contribution Maximum Health Insurance Employees who elect a health insurance program with a premium above the City-paid contribution maximum may also elect to use the cash value of redeemed accrued vacation to pay for any above maximum premium. Such use will be on a dollar-for-dollar and pre-tax basis.' Such election must be made in writing, may cover all or a specified part over the maximum premium, and be effective for one calendar year unless the participant terminates employment with the City during the year (see Appendix A for complete information on this optional benefit). If accrued vacation is insufficient to pay for any above maximum premium, the difference will be deducted from the employee's net pay. This periodic payout will not be included in the computation of overtime and will not count towards Vacation Buyback. The parties agree that this position will not be used when bargaining, contemplating, or calculating the health insurance benefit. C. Cash In-Lieu Payment "Represented employees who wish to waive 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 the ACA requirements stated in sections C1 and C2. Employees eligible for this benefit shall receive a $300 per month cash-in-lieu payment. To be eligible, an employee must provide the following: (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 yearto which the opt-out applies("tax family"), have orwill 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 sign an 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 make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if conditions in this paragraph are not otherwise satisfied. 6 D. Affordable Care Act Reopener The Rancho Cucamonga Management Association or 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 or increase in the amount the City provides for employee health coverage. SECTION 8: 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 fund, without any City contribution, participation in a group health insurance program;(s)which is making group health insurance available to the City's retirees. It is agreed and acknowledged bythe parties to this MOU that no representation isorcart 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 the 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. 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. The City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s). Premium rates for retirees and/or dependents shall likely 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. 7 SECTION 9: 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 healthcare expenses. Employees are allowed a one-time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to a schedule negotiated separately from this agreement. 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 arrangements 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 applicable bargaining unit, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. SECTION 10: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuously salaried employees and beneficiaries within the bargaining unit. SECTION 11: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuously salaried employees and beneficiaries within the bargaining unit and elected officials. SECTION 12: FLEXIBLE SPENDING ACCOUNT PLAN UNDER SECTION 125 The City has established a flexible spending account plan managed by a third-party administrator that is open tothe voluntary participation ofinembers inthe 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 13: RETIREMENT BENEFIT 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 two percent (2%) at age 55 retirement plan ("Tier 2") and shall be provided the benefits as described below: A. Tier 1 — Employees Hired Before July 3, 2011 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr. Final Compensation 8 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, 2011 § 21354 .2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Yr. Final Compensation Employees shall pay the full seven percent (7%) of their PERSable compensation towards the CalPERS 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 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 13. D. PEPRA— Employees.hired on or After January 1, 2013* The California Public Employees' Pension Reform Actof2013(PEPRA)—As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. Any provision in this MOU that 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 rateof similarly situated employees,whichever isgreater. 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 9 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 one-half percent (.5%)at55 or at60, 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 10 years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition toany CalPERS benefits to which they are entitled. SECTION 14: 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, son-in-law, daughter-in-law, employee's siblings, or employee's grandchildren,employee's spouse or domestic partner's parents,employee's spouse ordomestic partner's grandparents,graridparents-in-law, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouse's grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partners 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 15: PERSONAL LEAVE Employees can use upto 40 hours ofaccrued sick leave,vacation, administrative leaveor 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. 10 SECTION 16: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Length of Service Hours Accrued Annual Hours in Years Per Pay Period Accrued 1 3.077 80 2 3.461 90 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+ 6.923 180 SECTION 17: VACATION CAP Vacation shall be capped at 1,040 hours. Any hours accrued over 1,040 hours will be cashed out using the options below: ■ Cash ■ Deferred compensation contributions as allowed by law The employees make an irrevocable decision before the end of the calendar year and the payment or distribution will occur in April. SECTION 18: VACATION BUYBACK Annually, any employee who 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 buyback, with a minimum buyback of 20 hours up to a maximum of 160 hours. This buy back shall occur twice annually, in June/July (between the last payday in June and the first payday 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. 11 SECTION 19: VACATION ACCRUAL The City Manager may provide an accrual rate for new Management employees up to the equivalent of a ten-year employee upon hire. SECTION 20: 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 a 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 obtaining medical attention or psychological counseling; services from a shelter; program stands in loco parentis), parent(includes a 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 a 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, services from a shelter, program or crisis center; or participate in safety planning or other actions to increase safety. D. Medical Certification In the event of sick leave absences due to personal illness or injury, which exceeds three (3) consecutive workdays,the Department Head or Human Resources may require a physician's statement indicating the employee's fitness to return to work. Should the City suspect that there is an abuse of sick leave by an employee, the City may require that the employee submit to Human Resources a physician's certification to support the absence. 12 SECTION 21: SICK LEAVE BUYBACK AND EARLY RETIREMENT NOTIFICATION INCENTIVE If employees within the bargaining unit terminate their City employment after five (5) years of continuous service, the City will buyback 130 hours of sick time if they provide at least two (2) weeks' written notice of their intent to separate. If employees provide early notification of their intent to retire from the City, the City will pay employees for additional accrued sick leave hours in accordance with the schedule below. Notification must be given in writing to Human Resources in the form of an irrevocable letter of resignation with intent to retire: Notification of at least twelve months 100 hours additional sick leave buyback 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 60 calendar days*) 20 hours additional sick leave buyback *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. 13 SECTION 22: HOLIDAYS Employees receive the following 1:4 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 Floater (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 department head. 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, except as provided during a Holiday Closure pursuant to Section 38. Forexample, for Thanksgiving, Thursday will be observed as the regular holiday; however, Friday will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Year's, 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. 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. For any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 23: HOLIDAY TIME The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation orput in a compensatory time off bank, (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: The 10 hours compensation forthe holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employee's right to that holiday. 14 SECTION 24: 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, compensatory time, vacation accruals, or use unpaid leave. When holiday closures are implemented by the City, Section 22's provision regarding consecutive holidays shall notapply. SECTION 25: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees within the bargaining unit up to four (4) months of 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 26: 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 anytime 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 27: 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 Workers' Compensation Act and the employee's full salary. Such payments bythe 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 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 only be used in one-hour increments. 15 SECTION.28: 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 29: MILITARY SERVICE BUY BACK Employees have the option for military service buyback at the employee's expense. SECTION 30: BILINGUAL PAY Bargaining Unit employees who qualify for bilingual pay will be provided such at$75 per month. Each Department Head will determine the number of employees needed to perform translation duties per department,, subject to review and approval of the City Manager or designee. Employees who receive bilingual pay are expected to perform translation services for their department and other City Services should the need arise. An updated list of the employees receiving bilingual pay will be provided every six (6) months or as changes occur. Bilingual duties will be distributed as equitably as possible. SECTION 31: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND 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 (1)fiscal year shall be contingent upon a determination by the employee's department head or his designee that all the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by one (1) of the six (6) regional accreditors involved in higher education accreditation in the United States. B. The applicant for reimbursement shall represent to Human Resources, 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). C. 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- 16 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. D. 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 Department Head or their designee in such regard shall be final. E. 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 Human Resources and shall evidence each expenditure for which reimbursement is sought. SECTION 32: REQUIRED 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 erployee's classification specification. The Department Director, 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 the Department Head must be applied equally to all employees in that classification. SECTION 33: ENCOURAGING PROFESSIONAL DEVELOPMENT Promotions are movements to a different classification with a higher pay range. Bargaining unit employees are encouraged to seek regular performance feedback from their direct supervisors and other Department leadership for professional development and in order to prepare to compete for future promotional opportunities. If a member applies for a promotion to a bargaining unit position and is not selected for an interview or has an interview but is not selected for the job, the employee is encouraged to request feedback from their supervisor as to reasons why they were not selected. The supervisor will work with other Department personnel and/or Human Resources to provide a response to the requesting employee within 30 days of the request. Bargaining unit employees are encouraged to check their City email account regularly for information regarding promotional opportunities. SECTION 34: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS The City may pay the cost of'training and certificate programs, up to $10,000, for individual employees who 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 17 i 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 if 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 35: TEAM RC WORK APPAREL The City shall annually provide reimbursement for employee-purchased Team RC apparel or safety footwear, in support of their position, up to a maximum of $100. Employees would need to provide receipts for reimbursement (for,up to $100) to their HR Business Partner by May 1 of every fiscal year. The parties are agreeable to move this into a Workday business process as soon as possible. SECTION 36: CARPOOL PROGRAM The City has implemented a well-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to allfull-time regular employees. Participation isvoluntary,and employees interested in participating shall file a Rideshare Application Agreement.and comply with the requirements of the program. The financial incentive for the program is $2.60 per day for every day that the bargaining unit employee carpools. SECTION 37: 4/10 WORK WEEK City Hall generally operates on a 4/10 work week, hours 7:00 a.m. to 6:00 p.m., Monday through Thursday. However, different work schedules consisting of various work hours and days may be adopted by individual departments based on departmental needs. Remote facilities operate on a 40-hour work week of varying days and times. SECTION 38: DIRECT DEPOSIT All new bargaining unit members are required to enroll in direct deposit. Vacation buybacks can be by paper check. SECTION 39: 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. 18 0 SECTION 40: CONFIDENTIAL EMPLOYEES The City will provide RCMA with a list of specific Confidential Employees whose positions are covered by the Management Employees' bargaining unit. These employees are designated as Confidential Employees due tothe work they perform related to employer-employee relations and .the access they have to information related to employer-employee relations. The City will update that list when a new confidential employee .is hired, or the duties of a current confidential employee change and they are no longer involved in employer-employee relations. Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City, may not represent employees in discipline or grievance procedures and may not provide information or participate in labor negotiation on behalf of RCMA. Confidential Employees may be employed in some of the following positions (this list is not exhaustive): Deputy Director of Finance Deputy Director of Human Resources Finarice Manager Principal Accountant Revenue Manager Senior Executive Assistant SECTION 41: USE OF BULLETIN BOARDS AND CITY EMAIL SYSTEM The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist, for RCMA notices. Such space will be no less than 18"x 24". If insufficient bulletin board space exists in a Bargaining Unit work or break area, the RCMA may, after receiving approval in writing from the City, put up a bulletin board not to exceed 18" x 24" depending on available space. RCMA may also distribute notices to covered employees through the City's email system. Bulletin boards and emails shall only be used for the following notices: • Scheduled RCMA meetings, agenda, and minutes. Information on RCMA elections and theresults. Information regarding RCMA social, recreational, and related news bulletins. • Reports of official business of RCMA, including negotiations, reports of committees or the Board of Directors. Cityequipment(including Citycomputers, laptops,and tablets),materials,orsupplies shall not be used for the preparation,-reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time. Notices that are posted, distributed or placed in an employee's City mailbox shall not be obscene, defamatory, or of a political nature.All notices to be posted must be dated and signed by an authorized representative of RCMA. RCMA agrees to follow the City's E-Mail Policy when sending emailsto City employees. RCMA understands that all electronic mail is not confidential, and that the city reserves the right to 19 access and disclose all messages sent over its email system for any purpose in accordance with the City's E-Mail Policy. SECTION 42: ACCESS TO WORK LOCATIONS The parties recognize and agree that in order to maintain good employee relations; it is necessary for Labor Relations Representatives and designated Officers and representatives of RCMA to confer with Bargaining Unit employees during working hours. Therefore, RCMA Labor Relations Representatives, Officers, or representatives will be granted access to work locations during regular working hours to investigate and process grievances or appeals. RCMA Labor Relations Representatives or Officers shall, be granted access upon obtaining advance authorization from the designated management representative prior to entering a work location and after advising the City at least one (1) business day in advance of the requested access, of the general nature of the business. The designated management representative maydeny access orterminate accessto work locations if, in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The designated management representative shall not unreasonably withhold timely access to work locations. The City shall ensure that there is someone designated who shall have full authority to approve access at all times. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. RCMA Labor Relations Representatives or Officers granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal. The City shall not unreasonably interfere with RCMA's access right to work locations and any reasonable denial of access shall not be subject to the grievance procedure. SECTION 43: NEW EMPLOYEE ORIENTATION - AB119 The City shall provide 30 minutes at a mutually agreeable time during the employee onboarding process for an RCMA representative to meet with a new RCMA covered employee and present. the benefits of being a member of the union. Onboarding of new employees occurs during the first working day at the start of a new pay period up to 26 times per year. The City will provide a calendar-before the start of a new year. The City will provide RCMA with at least a 10-day notice, or as soon as practicable, of onboarding of new RCMA covered employees. An RCMA representative will have up to 30 minutes of uninterrupted time to meet with new RCMA covered employees. Prior to the meeting, or in no case later than the meeting time, the City will provide the name and job assignment of the new employee to the RCMA representative. The City will provide designated RCMA representatives with all available information about the employee as required under AB119 within 30 days of the employee's start date and the City will provide information on all RCMA covered employees again as required by AB119 at least three (3)times per year. SECTION 44: USE OF CITY RESOURCES RCMA may be granted permission to use any City facilities accessible to the general public for meeting purposes, during the regular hours such space is accessible to the public, provided space for such meetings can be made available without interfering with City needs and is otherwise not reserved by any other groups or individuals. RCMA may also be permitted to use 20 the City Council Chambers, during regular business hours, for RCMA meetings, provided the City Council Chambers are not otherwise reserved. Permission to use City facilities must be obtained by RCMA from the appropriate management representative. RCMA shall be held fully responsible for any damages to, and the security of, any City facilities that are used by RCMA. SECTION 45: ASSOCIATION RELEASE TIME When RCMA is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours,a reasonable number of Officers or other representatives of the RCMA shall be allowed reasonable time off without loss of compensation or other benefits. 1. Such Officers and representatives shall not leave their duty or workstation or assignment withoutthe knowledge of the department head ordivision manager. 2. Such meetings are subject to scheduling in a manner consistent with operating needs and workschedules. RCMA Officers or representatives shall be permitted, .if requested by an RCMA represented employeQto attend an employee counseling session, which could result in disciplinary action. Such Officers or representatives shall also be permitted, if requested by the Association employee, to be present at anemployee disciplinary session. 1. Such Officers or representatives shall not leave their duty or workstation or assignment without the knowledge ofthe department head ordivision manager. 2. No more than one(1)employee atatime shall be granted release time to represent one (1) employee. RCMA Officers or representatives of the Association shall be given reasonable time during work hours to investigate, and process specified grievances orcomplaints arising out of the application of MOU or personnel rules, upon prior permission from their respective department head or division manager. During the term of the next MOU, RCMA Officers and representatives agree to track their Association release time via the payroll system. The City and RCMA agree to review this usage to determine iflimits need to be incorporated into a subsequent MOU. SECTION 46: RELEASE FOR ALL HANDS MEETING RCMA shall be allowed four (4) 90-minute periods of release time for all hands meetings per fiscal year, including travel time, during work hours. For the purposes of labor negotiations with the City, additional meetings may be requested and may be granted by the Human Resources Director. 21 t SECTION 47: LABOR MANAGEMENT COMMITTEE The City and RCMA agree to implement quarterly labor/management committee(LMC)meetings to discuss employee relations issues. The LMC will not be authorized to change the MOU,or to settle any grievance. SECTION 48: PRIORITY OF MEMORANDUM OF UNDERSTANDING This memorandum of understanding between the City ,and the Rancho Cucamonga Management Association shall take precedence over the Personnel Rules adopted per Resolution 13-065. SECTION 49: ADOPTION OF MOU This memorandum between the City and the Rancho Cucamonga Management Association was adopted on May 15, 2024. City of Rancho Cucamonga: Rancho Cucamonga Management Association: Date: MAq lG 2044- Date: -7 11U 12Lf o n R. Gillison Heather Bolton City Manager Deputy Director of Animal Services 5 Ju ie A. Sowles Ju `e Garcia D puty City Manager De y Director of Engineering Services Robert Neiuber Chris Le Bere Human Resources Director Building and Safety Manager 22