HomeMy WebLinkAbout19-073 - Resolution RESOLUTION NO. 19-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932
RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR THE PERIOD JULY 1, 2019
THROUGH JUNE 30, 2021.
A. RECITALS
Representatives of the City of Rancho Cucamonga (City) and Teamsters Local 1932
(Teamsters) have met and conferred pursuant to the provisions of the Meyers-Milias-
Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits
and other terms and conditions of employment.
Representatives of the City and Teamsters have agreed upon and present to this Council
a Memorandum of Understanding pertaining to the Teamsters Local 1932, specifying the
results of said meet and confer process. Changes to the Memorandum of Understanding
are effective July 1, 2019, unless specifically indicated in the Memorandum of
Understanding.
All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW THEREFORE,the City Council City of Rancho Cucamonga, California, does hereby
find, determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part A of this Resolution.
2. The attached Memorandum of Understanding entered into, by and between City
representatives and Teamsters Local 1932 representatives for the period of July
1, 2019 through June 30, 2021, is hereby approved and ratified by the City Council,
July 17, 2019.
3. The City Clerk shall certify to the adoption of this resolution.
Resolution No. 19-073 - Page 1 of 2
laity Cyr Pa"060 duvamoncga
CONTRACT NUMBER
MEMORANDUM OF UNDERSTANDING
CITY OF RANCHO CUCAMONGA
AND
TEAMSTERS LOCAL 1932
2019 -2021
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
AND TEAMSTERS LOCAL 1932 (Teamsters)
SECTION 1: RECOGNITION
The City of Rancho Cucamonga recognizes the Teamsters Local 1932 (Teamsters) as the
recognized employee organization for City employees in the Maintenance Bargaining Unit,
comprised of the following classifications:
Maintenance Worker Senior Maintenance Worker
Lead Maintenance Worker Lead Mechanic
Mechanic Electrician
Equipment Operator Signal and Lighting Technician
Signal and Lighting Coordinator Inventory Specialist
Maintenance Coordinator
SECTION 2: COST OF LIVING ADJUSTMENT
Effective the first full pay period in July 2019, all Teamsters covered employees will receive a 2%
Cost of Living Adjustment (COLA).
Effective the first full pay period in January 2020, all Teamsters covered employees will receive a
.5% Cost of Living Adjustment (COLA).
Effective the first full pay period in July 2020, all Teamsters covered employees will receive a
1.5% Cost of Living Adjustment (COLA).
SECTION 3: SALARY STRUCTURE
As of the effective date of the MOU, all 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 10% (20 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.
SECTION 4: SALARY SURVEY
The City shall conduct a salary survey of labor market cities approximately six months before the
start of new labor negotiations for the next MOU.
SECTION 5: LIFE INSURANCE
The City provides $30,000 base coverage of life insurance for all employees. Employees who
want to purchase additional life insurance coverage with personal funds may do so at the City's
group rate.
SECTION 6: HEALTH INSURANCE
A. Health Insurance Contribution
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Effective the first full pay period in July 2019, the City shall provide employee and family
health insurance for all existing full-time continuous salaried employees within the
bargaining groups, subject to limitation that no such monthly funding by the City shall
exceed $1,100 per month.
Effective the first full pay period in July 2020, the City contribution shall increase to$1,175
per month.
B Cash In-Lieu Payment
Represented employees who had waived coverage under a City-paid medical insurance
plan and were receiving a cash in-lieu payment in the amount of$200 per month for single
coverage or$300 per month for family coverage as of September 30, 2012, may continue
to receive this cash in-lieu payment as long as they remain eligible. 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 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 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, in fact, 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. No
other represented employees shall be eligible for this benefit. Employees not receiving
cash in-lieu as of September 30, 2012, may still waive coverage by providing the proof of
insurance as noted above, but will not receive a cash in-lieu payment.
C Affordable Care Act Reopener
The Teamsters 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 7: 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.
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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 b the retiree. Th
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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.
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. 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 8: 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 employee with planning for future
health care 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
arrangement are made on a pre-tax basis in accordance with IRS provision. 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 9: DEFERRED COMPENSATION
The City will match dollar for dollar up to $50 per month and 1% of base salary in deferred
compensation for any Teamsters covered employee who pays up to $50 and 1% of base salary
into deferred compensation through payroll deductions. For example: if an employee with a
monthly salary of$4,000 puts $90 per month of the pay they earned into deferred compensation,
then the City will match the amount, up to the$90 maximum, and pay$90 towards that employee's
deferred compensation.
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SECTION 10: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried employees
within the bargaining unit.
SECTION 11: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full-time continuous salaried employees
within the bargaining unit. The City agrees to average the cost of optical insurance for all full-time
continuous salaried employees within the bargaining unit.
SECTION 12: PREMIUM ONLY PLAN UNDER SECTION 125
A. The City has implemented a Section 125 (premium only plan) that allows pre-tax payroll
deductions for employee's contributions for health benefits.
B. The City agrees to provide technical assistance(such as automatic payroll deduction, etc.)
in the event employees within the bargaining unit decide to expand this benefit from a
"premium only plan" to a "flexible spending account" provided that those participating pay
all costs incurred in expanding and maintaining this program.
SECTION 13: 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-grandparents, 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 spouse's grandchildren, employees 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.)
SECTION 14: PERSONAL LEAVE
Employees within the bargaining unit can use up to 40 hours of accrued sick leave, vacation,
administrative leave or holiday time as personal leave. These 40 hours can be used incrementally
(i.e., 1 hour, % hour) throughout the fiscal year. Use of this time is for situation s requiring the
employee's attention and addressing work-life balance issues. Personal Leave needs to be
cleared with their supervisor when using this time. Personal leave can be taken after six months
service.
SECTION 15: VACATION
All full-time employees within the bargaining unit shall, with continuous service, accrue working
hours of vacation monthly according to the following schedule. Vacation can be taken after six
months service.
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Length of Hours Accrued Annual Hours
Service Per Pay Period Accrued
In Years
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 16: VACATION CAP
Employees will be cashed out of vacation balances in excess of 1040 hours as follows:
A. In the first year of the MOU, as this new cap is implemented, existing employees who at
the end of the calendar year have vacation hours accrued that exceed 1040 hours will
make an irrevocable decision before the end of the 2019 calendar year as to whether they
want the overage distributed via cash or deferred compensation, or if they will maintain
their current accrued vacation hours in excess of 1040 in a separate one-time bank, which
will be treated as any other vacation. If the employee selects payment or distribution, the
payment or distribution will occur in April of 2020.
B. Beginning in 2020, any hours accrued over 1040 hours as of the end of each calendar
year will be cashed out via check or deferred compensation. Employees will make an
irrevocable decision by the end of the calendar year as to the cash out method, and the
payment or distribution will occur in April of the following calendar year.
SECTION 17: VACATION BUYBACK
Annually, at the employee's written request, the City will "buy back" the total cash value of up to
160 hours of previously earned vacation leave. This buy back shall occur twice annually, in April
and November. Employees must maintain a minimum of 40 hours of accrued vacation
subsequent to any payment of vacation buy back time. Employees who wish to sellback vacation
must request payment of not less than 20 hours and not more than 160 hours in a calendar year.
SECTION 18: 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 and can be taken
after ninety (90) days if service.
A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such
as the diagnosis, care of treatment of a health condition), or preventive care.
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B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such as
a 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; services form a shelter;
program or crisis center; or participate in safety planning or other actions to increase
safety.
SECTION 19: SICK LEAVE BUYBACK
Employees within the bargaining unit who terminate their city employment after 5 years of
continuous service can sell 120 hours back to the City.
SECTION 20: HOLIDAYS
The City Offices shall observe the following fourteen (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 Floater
(6) December 24 Day preceding Christmas (Floater)
(1) 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
01) Last Monday of May Memorial Day
(12-14)Three discretionary days may be taken by employee at his/her convenience after six months
service 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
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observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.)
where two consecutive days are holidays and it would result in the City Hall being open to serve
the public only 2 days during the week, only one 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 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 within the bargaining unit 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 21: HOLIDAY TIME
The City agrees that employees within the bargaining unit 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 on-half for working that day. This time and one-half may be taken as compensation or
put in a compensatory time off bank, (in effect, compensating at double time and one-half). That
rate of compensation is tallied as follows: the ten (10) hours compensation for the 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.
SECTION 22: PREMIUM HOLIDAY COMPENSATION
Bargaining unit employees required as part of the regular work assignment to work on Christmas
Day, New Year's Day, Independence Day or Thanksgiving Day, are allowed to observe the
holiday on another day. Additionally, these employees who work on the aforementioned
designated holidays may select to receive compensation on that holiday at time and one-half for
the ten hour shift or take a second holiday as time off at a later date.
SECTION 23: HOLIDAY FACILITY CLOSURE
City facilities will observe a holiday closure beginning Tuesday, December 24, 2019 through
Wednesday, January 1, 2020. In 2020, City facilities will observe a holiday closure beginning
Thursday, December 24, 2020, through Friday, January 1, 2021. During the term of this MOU,
there will be Holiday Facility closures, and 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
on 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,
compensatory time, vacation accruals, or use unpaid leave. When holiday closures are
implemented by the City, Section 20's provision regarding consecutive holidays shall not apply.
SECTION 24: NATAL AND ADOPTION LEAVE WITHOUT PAY
A. With Pav
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Employees within the bargaining unit are granted up to 80 hours of natal and adoption
leave with pay for the birth or adoption of a child, however, use of the 80 paid hours does
not extend any time charged under FMLA or CFRA. Any paid time required beyond this
initial 80 hours must be charged to sick leave, vacation, compensatory or floating holiday
time.
B. Without Pay
The City shall provide employees within the bargaining unit up to four months natal and
adoption leave for the birth or adoption of a child including the paid leave as outlined
above; such leave shall be pursuant to the provisions of the California Pregnancy Disability
Act ("PDA"; California Government Code Section12945), if applicable. The City's PDA
policy is incorporated herein by reference. Employees on this leave of absence with out
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 25: WORKERS COMPENSATION LEAVE
Any employee within the bargaining unit 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 months of such disability absence, payments in an amount equal to the difference
between the disability payments received under Workers Compensation Act and 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 (1S) day of such
disability absence. In the event the employee's disability absence should exceed three 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.
SECTION 26: MILITARY LEAVE
Employees within the bargaining unit required to serve military leave will be compensated
pursuant to the Military and Veterans Code. Finance may require military pay information in order
to calculate a qualified employee's pay.
SECTION 27: MILITARY SERVICE BUY BACK
Employees within the bargaining unit have the option for military service buy back at the
employee's expense.
SECTION 28: OVERTIME
A. Maintenance Bargaining Unit
The City agrees that employees within the bargaining unit who are, due to health and
safety reasons, sent home to rest and to be available to work additional hours as a result
of a storm or impending emergency situation and are not subsequently recalled to work,
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will be compensated for the hours not worked in that shift, due to them having been sent
home, to bring the total hours to 10 worked in that shift.
Employees within the bargaining unit who are subsequently recalled to work the storm or
emergency situation will work no more than 12 consecutive hours, due to health and safety
reasons. Any hours worked in excess of 10 in that 12-hour shift will be paid at time and
one-half, regardless of the total number of compensated hours for that week.
Employees within the bargaining unit, who have already worked forty (40) hours in a work
week, may request time off in order to avoid payment of overtime. It is at the discretion of
the supervisor to approve that request.
B. Overtime Calculation
For the purpose of overtime calculations, Vacation Leave, Holiday leave, and Comp Time
shall be considered hours worked. Overtime is compensated at 1.5 times the employee's
Fair Labor Standards Act (FLSA) regular rate of pay. Only hours worked as defined here
shall be considered for the purpose of calculating the FLSA overtime pay.
SECTION 29: COMPENSATORY TIME
Employees may choose to earn compensatory time (comp time or CTO) in lieu of payment for
overtime, if approved by a supervisor, in accordance with the following provisions:
1. HHW/Used Oil Program Comp Time:
A. Employees can request and be approved for comp time for work at the HHWF facility if
they code their timecard to the appropriate HHWF account number (see Finance for
directions). Comp time earned for working at the HHWF must be exhausted first as the
employee uses comp time. Use of this HHWF comp time must also be properly coded on
the employee's time card (see Finance for directions). The maximum amount of comp
time that an employee may accrue pursuant to this section is 80 hours.
Employees will be paid out by the last pay period in June for all HHWF comp time unused
as of June 1 of each year; they will be paid out by the last pay period in December for all
HHWF comp time unused as of December 1. No comp time pursuant to this section may
be accrued in December of any calendar year.
B. Employees working at the HHW and being paid out of the Used Oil Recycling Program
overtime account can only receive overtime payments for that work.
2. All other Comp Time:
An employee that works overtime between January 1 — November 30 of each calendar year
may decide to accrue compensatory time off(CTO) at 1.5 times the number of overtime
hours worked instead of receiving immediate payment for overtime worked. The maximum
CTO that an employee may accrue is 150 hours. Once an employee reaches that accrual
cap, all additional overtime worked in that calendar year shall be paid. Employees may use
CTO as time off during the calendar year, subject to supervisor approval. Supervisors shall
not unreasonably withhold approval for use of accrued CTO, and the need to replace the
employee using CTO with another employee on overtime shall not be the basis for denying
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a requested use of CTO. An CTO that is earned between January -
q Y nuary 1 November 30 of a
calendar year that is not used as time off before November 30, minus any comp time the
employee plans to use during the holiday closure dates in that same year, shall be cashed
out with the last paycheck distributed in the calendar year. Overtime worked during
December of a calendar year shall not be eligible for CTO.
SECTION 30: ON CALL PAY
On call assignments and requirements for employees assigned to being on call will be determined
by the Department Head or designee(s). Employees within the bargaining unit required to be on
call shall be compensated at the rate of $275.00 per week. On Call employees who field calls,
dispatch other employees, or do other work directly related to being on call should report hours
worked to the closest 1/4 hour on their timecard.
SECTION 31: CALL BACK PAY(non-exempt)
A. If an employee is required to be called back to work after completing his or her normal
shift or after having left City premises or the employee's work location, the employee shall
be compensated at the appropriate rate for each hour worked on call back with a minimum
of two (2) hours call back compensation at the appropriate rate, regardless of whether the
employee actually works less than two (2) hours. This provision shall be applicable to
employees although the employee's regular work week is not completed but shall not
apply to employees who are continuing on duty for their normal work shift. The time starts
when the call back call is received by the employee. Employees must arrive at the
worksite and perform the work required in order to receive call back pay.
B. When an employee is called on his/her day off or after hours for work purposes, the
employee shall be compensated at the overtime rate or in comp time for the actual time
worked, rounded to the nearest quarter hour (.25).
SECTION 32: ACTING PAY/OUT OF CLASS PAY
Acting Pay/Out of Class Pay will take effect for Teamsters bargaining unit employees who assume
responsibilities of a higher level classification after 120 working hours at the higher level
classification within a 30 calendar day period.
SECTION 33: BILINGUAL PAY
Employees within the bargaining unit who qualify for bilingual pay will be provided $50.00 per
month.
SECTION 34: SAFETY FOOTWEAR AND UNIFORMS
The City will provide up to $355.00 annually toward the purchase and/or replacement of safety
footwear as needed, at a City designated vendor for employees required to wear safety footwear
in the performance of their job duties. The $355.00 shall also be available to purchase footwear
related accessories including laces, socks, orthotics, or sole inserts. There shall be no change in
the current voucher method of funding these footwear items/accessories.
The City may provide uniforms (including shirts) and/or maintenance of uniforms for all positions
covered under this MOU.
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The City reports CalPERS on an annual basis, the actual value of compensation paid or the
monetary value for the purchase, rental and/or maintenance of required clothing for Teamsters
covered CalPERS' Classic Members. The parties analyzed the value and determined it shall not
exceed $710.00 per fiscal year. The parties agree that to the extent permitted by law, this is
special compensation and shall be reported as such pursuant to Title 2CCR, Section 571(a)(5)
Statutory Items. The parties also agree that the City has no additional obligation or costs should
CalPERS, the State or the IRS determine otherwise.
SECTION 35: 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" and "Tier 2"), or in the 2% at age 55 retirement plan
("Tier 3") and shall be provided the benefits as described below:
A. Tier 1 Employees Hired before September 1, 2010
§21354.4 2.5% at 55 Full Formula
§21574 4th Level 1959 Survivor
§20042 1 Yr Final Compensation
1. Effective July 4, 2011, the City pays the normal eight percent (8%) CalPERS
member contribution per resolution 11-063.
2. Effective July 11, 2016, employees shall pay five percent (5%) of their PERSable
compensation towards the CalPERS employer contribution per Resolution 15-
090.
3. Effective the first full pay period beginning in June 2019, or the first full pay period
after ratification whichever is later, the City will pay three percent (3%) of the
CalPERS member contribution and employees shall continue to pay five percent
(5%) of their PERSable compensation however; the employee will pay the five
percent (5%) of their PERSable compensation toward the CalPERS member
contribution. The City will adopt a resolution to reflect this change prior to the
effective date.
B. Tier 2— Employees Hired Between September 1, 2010 and July 3, 2011
§21354.4 2.5% at 55 Full Formula
§21574 4th Level 1959 Survivor
§20042 1 Yr Final Compensation
1. Effective July 4, 2011, the City pays seven percent (7%) of the normal CalPERS
member contribution; employee pays one percentage point (1%) of the Cal PERS
member contribution per Resolution 11-063.
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2. Effective July 11, 2016, employees shall pay four percent (4%) of their PERSable
compensation towards the CalPERS employer contribution and one percent (1%) of
their PERSable compensation towards the CaIPERS member contribution per
Resolution 15-090.
3. Effective the first full pay period beginning in June 2019, or the first full pay period after
ratification whichever is later, the City will pay three percent (3%) of the CalPERS
member contribution and employees shall move their four percent (4%) PERSable
compensation currently paid toward the CaIPERS employer contribution to the
CalPERS member contribution for a total of five percent (5%) of their PERSable
compensation toward the CalPERS member contribution. The City will adopt a
resolution to reflect this change prior to the effective date.
C. Tier 3— Employees Hired on or after July 4, 2011
§21354 2% @ 55 Full Formula
§21574 4th Level 1959 Survivor
§20037 3 Yr Final Compensation
1. Effective July 4, 2011, the City pays six percent (6%) of the normal CalPERS member
contribution; employee pays one percentage point (1%) of the CaIPERS member
contribution per Resolution 11-063.
2. Effective July 11, 2016, employees shall pay four percent (4%) of their PERSable
compensation towards the CalPERS employer contribution for a total of one percent
(1%) of their PERSable compensation towards the CalPERS member contribution
and four percent (4%) of the CalPERS employer contribution per Resolution 15-090.
3. Effective the first full pay period beginning June 2019, or the first full pay period after
ratification whichever is later, the City will pay two percent (2%) of the CalPERS
member contribution and employees shall move their four percent (4%) PERSable
compensation currently paid toward the CalPERS employer contribution to the
CaIPERS member contribution for a total of five percent (5%) of their PERSable
compensation toward the CalPERS member contribution. The City will adopt a
resolution to reflect this change prior to the effective date.
D. It is understood that all contributions paid by the employee as described in Parts A through
C above shall be calculated based upon the full base salary of the employee, plus any
additional PERSable compensation, and any Employer Paid Member Contributions
(EPMC).
E. The City pays EPMC for the various "Tiers" as outlined above and reports the value of
EPMC payments as special 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.
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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).
F. There shall be no sunset date to any provision in Section 35.
G. 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 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.
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 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 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).
H. 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.
I. Employer Paid Member Contribution (EPMC)
1. The effective date of this benefit shall be July 4, 2011 and shall apply to all
miscellaneous employees.
This benefit shall consist of paying 8% of the normal contributions as EPMC, and
reporting the same percent (value) of compensation earnable (excluding Government
Code Section 20636(c)(4)) as additional compensation for employees hired prior to
September 1, 2010.
This benefit shall consist of paying 7% of the normal contributions as EPMC, and
reporting the same percent (value) of compensation earnable (excluding Government
Code Section 2063(c)(4)) as additional compensation for employees hired on or after
September 1, 2010.
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This benefit shall consist of paying 6% of the normal contributions as EPMC, and
reporting the same percent (value) of compensation earnable (excluding Government
Code Section 20636(c)(4)) as additional compensation for employees hired on or after
July 4, 2011.
Payment of EPMC and reporting the value of EPMC on compensation earnable is on
pay rate and special compensation except special compensation delineated in
Government Code Section 20636(c)(4)) which is the monetary value of EPMC on
compensation earnable.
2. Effective the first full pay period in June 2019:
This benefit shall consist of paying 3% of the normal contributions as EPMC and
reporting the same percent (value) of compensation earnable (excluding Government
Code Section 20636(c)(4)) as additional compensation for employees hired prior to
September 1, 2010.
This benefit shall consist of paying 3% of the normal contributions as EPMC and
reporting the same percent (value) of compensation earnable (excluding Government
Code Section 20636(c)(4)) as additional compensation for employees hired prior to
September 1, 2010 and before July 4, 2011.
This benefit shall consist of paying 2% of the normal contributions as EPMC and
reporting the same percent (value) of compensation earnable (excluding Government
Code Section 20636(c)(4)) as additional compensation for employees hired on or after
July 4, 2011.
SECTION 36: 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 two thousand three hundred dollars ($2,300.00) during any fiscal year.
Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one 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 for coursework undertaken at a college or university that is
licensed/accredited by one of the six regional accreditors involved in higher education
accreditation in the United States.
B. The applicant for reimbursement shall represent to the Human Resources Department
documentation prepared by the accredited/licensed college or university which evidences
the applicant's receipt of a grade "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 receipt 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).
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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-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 his 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 his
designee in such regards 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, written receipts shall be provided to the Personnel Department and shall
evidence each expenditure for which reimbursement is sought.
SECTION 37: 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
the 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 register on the City's employment portal to be
informed of promotional opportunities by email, and to check their City email account regularly
for information regarding promotional opportunities.
SECTION 38: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS
The City will pay for the cost of any required certifications or recertifications required of employees
to maintain their positions. Required certifications must be outlined in an employee'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 39: 4/10 WORK WEEK
The City of Rancho Cucamonga City Hall operates on a 4/10 work week, hours 7am to 6pm,
Monday through Thursday. Different bargaining unit employees generally work from 6am to
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4:30pm with half hour lunch. Actual days and times of work vary based on the hours of operations
at various facilities employees are assigned to.
SECTION 40: 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
all full-time regular employees. Participation is voluntary, 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 $2.10 per day for every day that the
bargaining unit employee carpools.
SECTION 41: USE OF BULLETIN BOARDS
The City will furnish a portion of existing bulletin board space, located in bargaining unit break
areas where such bulletin boards currently exist for Teamsters notices. Such space will be no
less than 18" x 24" depending on available space. Bulletin boards shall only be used for the
following notices:
■ Schedule Teamsters meetings, agendas and minutes
■ Information on Teamsters election and the results
■ Information regarding Teamsters social, recreational and related news bulletins
■ Reports of official business of Teamsters, including negotiations, reports of committees or
the Board of Directors
City equipment, materials, or supplies 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 Teamsters.
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 Shop Stewards of Teamsters to confer with
bargaining unit employees during work hours. Therefore, Teamsters Labor Relations
Representatives or Shop Stewards will be granted access to work locations during regular
working hours to investigate and process grievances or appeals. Teamsters Labor Relations
Representatives or Shop Stewards 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 business day in advance of the requested access, of the general
nature of the business. The designated management representative may deny access or
terminate access to 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 at all times someone designated who shall have full authority to approve
access. If a request is denied, the designated management representative shall establish a
mutually agreeable time for access to the employee. Teamsters Labor Relations Representatives
or Shop Stewards 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
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unreasonably interfere with Teamsters' access rights to work locations and any reasonable denial
of access shall not be subject to the grievance procedure.
SECTION 43: DUES DEDUCTION
Teamsters membership dues and insurance premiums for plans sponsored by Teamsters,
provided such plans are not intended to replace City provided health plans, shall be deducted by
the City upon notification by Teamsters stating that an employee has requested that such
deduction be made, and the City will stop deductions upon notification from Teamsters that an
employee has requested that such deductions be ceased. Remittance of the aggregate amount
of all membership dues deducted from the pay warrants of employees covered hereby shall be
made to Teamsters on a regular basis consistent with the City's regular pay-periods. Teamsters
shall be deducted in an amount per bi-weekly pay period authorized by the Teamsters Board of
Directors. The City shall not be liable to Teamsters, employees, or any party by reason of the
requirements of this Article for the remittance of any sum other than those constituting actual
deductions made from employee wages earned. Teamsters shall hold the City harmless for any
and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of
or by reason of action taken by the City under this Article.
SECTION 44: NEW EMPLOYEE ORIENTATION
City shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding
process for a Teamsters Local 1932 representative to meet with a new Teamsters Local 1932
covered employee and present the benefits of being a member of the Union. Onboarding 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. A Teamsters Local 1932
representative will have up to 30 minutes of uninterrupted time to meet with new Teamsters Local
1932 covered employees. Prior to 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 Teamsters Local 1932
representative. The City will provide designated Teamsters Local 1932 representatives with all
available information about the employee as required under AB 119 within 30 days of the
employee's start date and the City will provide the required information on all Teamsters Local
1932 covered employees again as required by AB 119 at least three (3) times per year.
SECTION 45: USE OF CITY RESOURCES
Teamsters 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. Teamsters may also be permitted to
use the City Council Chambers, during regular business hours, for Teamsters meetings, provided
the City Council Chambers is not otherwise reserved. Permission to use City facilities must be
obtained by Teamsters from the appropriate management representative. Teamsters shall be
held fully responsible for any damages to, and the security of, any City facilities that are used by
Teamsters.
SECTION 46: RELEASE TIME FOR CITY UNION STEWARDS
The City and Teamsters Local 1932 also agree to the following release time for City Union
Stewards:
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a. Release of one (1) steward for up to 3 hours each month for the Unions Local Wide
Stewards Meeting.
b. Release of one (1) steward for a full day each month if elected to the Union's Executive
Board.
c. Release of up to two (2) stewards for training for up to a full day of training as Stewards
no more than once a fiscal year (July to June).
The release of stewards as outlined above shall be paid by the City. Release may be denied if a
supervisor/manager determines the employee is needed for a crucial assignment or the need for
emergency staffing condition exists. Release per this section will not be unreasonably denied.
SECTION 47: RELEASE FOR ALL HANDS MEETING
The Teamsters Local 1932 bargaining unit shall be allowed four(4) ninety (90) minutes per fiscal
year, including travel time, during work hours for the purpose of labor negotiations with the City.
Additional meetings may be requested and may be granted by the Director of Public Works.
SECTION 48: DISCIPLINARY PROCEDURES
A. Definition and Objective of Discipline
Discipline is the enforcement of policies, rules, regulations and/or other administrative or
legal requirements designed to maintain a standard of cooperation and conduct necessary
to successfully carry out the mission of the City organization. The purpose of discipline is
to assist the employee in recognizing and correcting any behavior or deficiencies
regarding performance. Self-discipline or self-conformity is the goal strived for by this
Section. Disciplinary action of classified employees who have attained regular status,
when necessary, shall be documented in such a manner as to be defensible on appeal
and/or review.
In all instances where disciplinary action is contemplated, the affected employee shall be
afforded prior notice of the proposed disciplinary action. The employee shall have
reasonable opportunity to present, in person, their review of the incident(s) resulting in the
disciplinary consideration.
Types of disciplinary actions applicable to regular employees in the classified service are:
dismissal, disciplinary demotion, reduction in pay steps within a pay range, disciplinary
suspension,written reprimand, or an appropriate combination of these disciplinary actions.
The aforementioned types of disciplinary actions are defined as follows:
1. Oral Reprimand: An oral consultation between the supervisor and employee whereby
the supervisor indicates to the employee that there is cause for dissatisfaction with the
employee's services and that further disciplinary measures may be taken if
improvement is not made. An oral reprimand may not be appealed under this rule.
2. Written Reprimand: An official notification in writing by the supervisor to the employee
that there is cause for dissatisfaction with the employee's services and that further
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disciplinary measures may be taken if improvement is not made. A written reprimand
may not be appealed under this rule.
3. Disciplinary Suspension: The temporary separation from City service of an employee
without compensation. A suspension of less than four (4) days may not be appealed
under this rule.
4. Reduction in Pay: The reduction of the employee's pay rate within the pay range
established for the employee's class.
5. Disciplinary Demotion: The demotion of an employee from a position in one class to
a position in another class having a lower maximum rate of pay. The demotion may
be permanent or temporary.
6. Dismissal: The discharge of an employee from the City service.
B. Disciplinary Procedures
The purpose of the Disciplinary Procedures is to afford the regular employee an
opportunity to present his/her view of factual situation leading to the proposed disciplinary
action of suspension of four(4) or more days, reduction in pay, demotion or dismissal, and
to afford appropriate administrative review of any disciplinary action which is taken.
1. Initial Notice: The employee shall be given written notice of the proposed disciplinary
action by the division manager. The notice shall be delivered to the employee in
person and/or mailed to the employee's last known residence by certified mail, return
receipt, postage prepaid. Such notice shall include:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
c. A summary of the facts upon which the charges are based;
d. A copy of all written materials, reports or documents upon which the intended
discipline is based;
e. Notice of the employee's right to respond to the department head regarding the
charges within five (5) calendar days from the date the notice of the proposed
disciplinary action is sent or delivered to the employee, either by requesting an
informal conference, by providing a written response, or both;
f. Notice of the employee's right to have a representative of his or her choice at the
informal conference, should he or she choose to respond orally; and
g. Notice that the failure to respond at the time specified shall constitute a waiver of
the right to respond prior to the imposition of discipline.
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2. Right to Respond: The employee has five (5) calendar days from the date the notice
of the proposed disciplinary action is sent or delivered to the employee to review the
documents, materials, charges and other evidence presented pursuant to Section 2,
subsection 2 above, and to respond either orally and/or in writing to the department
head. If the employee requests a conference to respond orally to the proposed
disciplinary action, the conference must be scheduled at least seven (7) calendar days
after the date the notice of proposed disciplinary action is sent or delivered to the
employee. The conference will be an informal meeting with the department head.
3. Right to Representation: The affected employee has the right to be represented during
the disciplinary procedure, at the employee's own expense.
4. Further Investigation: If the department head determines that the employee's version
of the facts creates doubt as to the accuracy of the information provided, the
department head will initiate a further investigation of the factual situation leading to
the proposed disciplinary action.
5. Implementation of Disciplinary Action: Upon completion of the procedures set forth
above, the employee shall be given written notice of the disciplinary action by the
department head. The notice shall be delivered to the employee in person and/or
mailed to the employee's last known residence by certified mail, return receipt, postage
prepaid. Such notice shall include:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based;
c. A summary of the facts upon which the charges are based;
d. A copy of all written materials, reports or documents upon which the discipline is
based; and
e. A statement of the nature of the employee's right to appeal.
C. Discipline Authority: Department heads shall have the power and duty to determine the
need for disciplinary action and implement disciplinary actions.
1. Informal Discussion: Though not a disciplinary action, when a minor job performance
problem develops, an informal discussion shall usually occur to assist the employee
in clarifying and remedying the problem. An informal discussion is designed to clarify
standards, policies and procedures, and/or rules and regulations so that problems are
resolved early, and the need to utilize disciplinary action may be avoided.
2. Oral or Written Reprimand: A supervisor may reprimand a subordinate for cause.
When deemed appropriate, reprimands shall be in writing and be addressed to the
employee. The employee will be directed to acknowledge receipt by signing the
document. A signed copy shall be forwarded to the Human Resources Department
for placement in the employee's file. Reprimands cannot be appealed. The employee
may write a written response that must be received by the Administrative Services
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Department within eight (8) working days from the date the notice is sent or delivered
to the employee, to be placed in the personnel file with the reprimand.
3. Suspension: A regular employee may be suspended without pay by the department
head. Before the effective date for any non-emergency suspension of four(4) or more
days, the employee will be furnished with written notice pursuant to Section 2 of this
Rule, and be given an opportunity to respond. Suspensions of less than four(4) days
cannot be appealed. The employee may write a written response which must be
received by the Human Resources Department within eight (8)working days from the
date the notice is sent or delivered to the employee, to be placed in the employee's
personnel file along with the Notice of Suspension.
4. Reduction in Pay: A department head may reduce an employee's pay within the
range. Before the effective date of said reduction, the employee shall be furnished
with written notice pursuant to Section 2 of this Rule, and be given an opportunity to
respond. The employee shall be assigned a new anniversary date for merit review
purposes. Such date shall coincide with the effective date of the reduction action.
5. Demotion: A department head may demote an employee to a lower class for
disciplinary reasons. Before the effective date of the demotion, the employee shall be
furnished with written notice pursuant to Section 2 of this Rule, and be given an
opportunity to respond. The demoted employee shall be assigned a new anniversary
date for merit review purposes. Such date shall coincide with the effective date of the
demotion.
6. Dismissal: A department head may terminate a regular employee for cause pursuant
to Section 2 of this Rule. Before the effective date of the dismissal, the department
head shall provide the terminated employee with a written notice pursuant to Section
2 of this Rule and give the employee an opportunity to respond.
D. Emergency Situations
An Emergency may be temporarily placed on administrative leave from City Services with
or without pay for a period of time not to exceed time reasonably necessary to permit an
investigation of a matter which may result in a disciplinary action. Any employee having
supervisory authority and responsibility may initiate an emergency suspension with pay.
Suspension without pay must be initiated by the department head. In the event the
investigation develops in the employee's favor and no disciplinary is filed within the
suspension period, the employee shall be reinstated to duty with all accrued salary and
other benefits.
E. Grounds for Disciplinary Action
The following non-exclusive list shall constitute grounds for disciplinary action (any of them
may be sufficient cause upon which to base a disciplinary action):
1. Fraud in securing employment or making a materially false statement on an application
for employment or on any supporting documents furnished with or made a part of any
application.
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2. Incompetency, such as failure to comply with a minimum standard for an employee's
position for a significant period of time.
3. Neglect of duty, such as failure to perform the duties required of an employee's
position.
4. Willful disobedience or insubordination; such as willful failure to carry out the direction
of a supervisor or failure to conform to established orders or directions of persons in a
supervisory position, insulting or demeaning the authority of a supervisor or manager.
5. Dishonesty; making any false statement, omission or misrepresentation of material
facts.
6. Being under the influence of alcohol or intoxicating drugs while on duty.
7. Absence without authorized leave.
8. Conviction of a crime or conduct constituting a violation of State law or Federal law
that has a relationship to the employee's job. Conviction shall include a plea of guilty
or no contest.
9. Discourteous treatment of the public or other City employees.
10. Improper or unauthorized use of City property.
11. Theft.
12. Violation of the rules and regulations of any department.
13. Refusal or failure to subscribe to any oath or affirmation, which is required by law in
connection with City employment.
14. Any act of conduct undertaken which, either during or outside of duty hours, is of such
a nature that it causes discredit to fail upon the City, and/or the employee's department
or division.
15. Failure to maintain proper decorum during work hours.
16. Abuse of sick leave.
17. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and
handling of City property.
18. Outside employment which conflicts with the employee's position and is not
specifically authorized by the appointing authority.
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19. Acceptance from any source of any employment a reward, gift or other form of
remuneration in addition to the employee's regular compensation as a personal benefit
to the employee for actions performed in the normal course of the employee's
assigned duties.
20. Mishandling of public funds.
21. Excessive absenteeism or tardiness.
22. Working overtime without prior authorization; refusing to work assigned overtime.
23. Falsification of any City report or record, or of any report or record required to be
completed by the employee.
24. Violation of the City or department's confidentiality policies; disclosure of confidential
City information to any unauthorized person or entity.
25. Violation of the City's Policy Against Harassment, Discrimination and Retaliation.
26. Violation of any of the provisions of the Municipal Code, lawful ordinances, resolutions,
or any rules, regulations or policies which may be prescribed by the City Council, City
Manager, department head or supervisor.
27. Engaging in political activities precluded by State or Federal law, City Ordinance,
policy or these rules.
F. Records
Records pertaining to disciplinary actions shall be maintained in the employee's personnel
file.
SECTION 49: DISCIPLINARY APPEAL PROCEDURES
A. Right to Appeal
A regular full-time and for cause employee shall have the right to appeal the following
disciplinary actions:
1. Suspensions without pay of four (4) or more working days.
2. Salary reduction.
3. Demotion.
4. Dismissal.
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A promotional probationary employee shall have the right to appeal the following
disciplinary actions: suspension without pay of two (2) or more working days and
dismissal.
B. Method of Appeal
Appeals shall be made in writing, state the grounds for the appeal, and signed by the
appellant or his/her representative. Appeals shall be filed with the Administrative Services
Department within eight (8) working days from the date the notice of disciplinary action is
sent or delivered to the employee pursuant to Rule IX(Employee Conduct and Discipline),
Section 2. Failure by the appellant or his/her representative to file the appeal within the
aforementioned time period will constitute a waiver of his/her right to an appeal.
C. Notice
Upon the filing of an appeal, the Human Resources Department will set a date for a
hearing on the appeal not less than eight (8)working days, nor more than twenty-four(24)
working days, from the date of filing. However, the Human Resources Department may,
at its discretion, waive such time limits if it determines that additional time is necessary.
The Human Resources Department shall notify all interested parties of the date, time, and
place of the hearing.
D. Rules for Hearinq
Rules for the conduct of the hearing may be promulgated by the Personnel Officer.
E. Hearing Officer
Appeals shall be heard by the Personnel Officer. A decision rendered by the Personnel
Officer, shall be final.
F. Hearinq Conduct and Representation
The appellant shall appear personally, unless physically unable to do so, at the time and
place of the hearing. He/she may, but need not be represented. If represented, the
appellant must identify his/her representative at least three (3) working days before the
hearing. The conduct and decorum of the hearing shall be under the control of the Hearing
Officer. The hearing shall be closed unless the appellant requests that it be open.
G. Evidence and Examination of Witnesses
1. Oral evidence shall be taken only on oath or affirmation.
2. Each party shall have the following rights:
a. To call and examine witnesses.
b. To produce documentary evidence.
c. To cross-examine opposing witnesses on any matter relevant to the issues even
though that matter was not cover in the direct examination.
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d. To impeach any witness regardless of which party first called him/her to testify.
e. To rebut the evidence against him/her.
3. The hearing need not be conducted according to technical rules relating to evidence
and witnesses. The rules of privilege shall be effective to the extent that they otherwise
are required by statute to be recognized at the hearing. Irrelevant and unduly
repetitious evidence shall be excluded.
H. Findings and Conclusions
Written findings of fact shall be made which state as to each charge whether or not such
charge is sustained and shall affirm, reverse or modify the appealed decision. The Hearing
Officer's decision on the appeal shall be contained in a formal, written document, which
includes the findings of fact supporting the decision. The decision shall be final and binding
and such decision shall be served in person or by certified mail to the employee's last
known residence, return receipt, postage prepaid mail on the employee appealing the
decision, and by regular mail or in person on the department head who instituted the
discipline.
I. Statute of Limitations
The Hearing Officer's written findings and decision is final. There is no process for
reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have
ninety (90) days from the date of the proof of service of mailing of the written findings and
decision to appeal the decision to the Superior Court in and for the County of San
Bernardino.
SECTION 50: GRIEVANCE PROCEDURES
A. Purpose of Rule
1. To promote improved employer-employee relations by establishing procedures on
matters for which appeal or hearing is not provided by other regulations.
2. To afford employees individually a systematic means of obtaining further consideration
of problems after every reasonable effort has failed to resolve them through
discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be conducted as informally as possible.
B. Matters Subject to Grievance Procedure
An employee shall have the right to file a grievance concerning an alleged violation,
misinterpretation or misapplication of City policy, City Personnel Rules and Regulations,
and/or the Memorandum of Understanding. Matters otherwise subject to the disciplinary
26
procedure shall not be subject to the grievance procedure. In addition, the following
matters are excluded from this procedure:
1. Requests for changes in wages, hours, or working conditions, including any impasse
or dispute in the meet and confer process or matter within the scope of representation;
2. Requests for changes in the content of employee evaluations or performance reviews,
oral or written warnings, reprimands or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase;
4. Challenges to any disciplinary action; and
5. Challenges to examinations or the appointment to positions.
C. Informal Grievance Procedure
Within eight (8) work days of the occurrence of the act(s) that constitutes the grievance,
an employee shall discuss the grievance with his/her immediate supervisor. If, after this
discussion, the employee does not believe the problem has been satisfactorily resolved,
the employee shall have the right to discuss it with the supervisor's immediate superior in
the administrative service, if any. Every effort shall be made to find an acceptable solution
by informal means at the lowest possible level of supervision.
If the employee is not in agreement with the decision reached by discussion, the employee
shall then have the right to file a formal grievance in writing within five (5) working days
after receiving the informal decision of the immediate supervisor. Failure of the employee
to file the grievance within five (5) work days shall constitute a waiver of the grievance.
Formal written grievances shall only apply to the employee affected, shall specifically
identify the action being grieved, and shall include a statement of the action(s) desired by
the grievant and the reasons therefore.
D. Formal Grievance Procedure (Levels of Review Through Chain of Command)
1. First Level of Review: The grievance shall be presented in writing to the employee's
immediate supervisor, who shall render a decision and comments in writing and return
them to the employee within eight (8) working days after receipt of the grievance. If
the employee does not agree with the supervisor's decision, or if no answer has been
received within eight (8) working days, the employee may present the grievance, in
writing, to the department head. Failure of the employee to take further action within
eight (8) working days after receipt of the written decision of the supervisor, or within
eight (8) working days if no decision is rendered, shall constitute a waiver of the
grievance.
2. Department Review: The department head receiving the grievance of an employee or
a designated representative shall discuss the grievance with the employee, the
employee's representative if so desired, and with other appropriate persons. The
department head shall render a decision and comments in writing and return them to
the employee within eight (8) working days after receiving the grievance. If the
employee does not agree with the decision reached, or if no answer has been received
27
within eight (8) working days, the employee may present the grievance in writing to
the Personnel Officer. Failure of the employee to take further action within eight (8)
working days after receipt of the department head's written decision, or within eight (8)
working days if no decision is rendered, shall constitute waiver of the grievance.
3. Personnel Officer: The Personnel Officer, or his/her designated representative, upon
receipt of the grievance, shall discuss the grievance with the employee, and/or the
employee's designated representative, and with other appropriate persons. The
Personnel Officer or designee shall render a decision in writing to the employee within
eight (8) working days after receiving the grievance. The decision of the Personnel
Officer shall be final.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual
agreement of the employee and the reviewer concerned in writing.
2. The employee may have a representative of his or her choice present at all stages of
the grievance procedure, except that no one may be represented by an employee he
or she supervises, and no employee may be represented by his or her supervisor or
department head. At least 48 hours prior the grievance meeting, the employee shall
inform the individual hearing the grievance whether he or she will be represented at
the grievance meeting and shall identify the representative.
3. EMPLOYEES SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE
GRIEVANCE PROCEDURE.
4. The grievant may request that the informal discussion with the immediate supervisor
be waived.
SECTION 51: ADOPTION OF MOU
This memorandum, between representatives of the City and Teamsters Local 1932, was adopted
on July 17, 2019.
SECTION 52: EFFECTIVE DATE
The provisions of this memorandum of understanding are effective July 1, 2019 and continue for
a two-year period, ending June 30, 2021.
28
TEAMSTERS CITY
Dated -711011 Dated it CA
Caleb Dupont ohn R. illison
Lead Maintenance Worker City Manager
e `
f r
1 n
IJo n Pincott Lori Sassoon
!M intenance Coordinator Deputy City Manager
Edward Rue Je P ' lips
Senior Maintenance Worker Human Resources Manager
ct
Donald Ba lard Steve Berliner
Maintenance Worker City Representative ]
L
scal Ohoiner
aiintenance Worker
I
illie Glenn
Lead Maintenance Worker
Steve Cadena
Teamsters Representative
29
TEAMSTERS CITY
Dated Dated 7 10
ll
Caleb Dupont John R. Gillison
Lead Maintenance Worker City Manager
John Pincott Lori Sassoon
Maintenance Coordinator Deputy City Manager
Edward Rue Jenifer Phillips
Senior Maintenance Worker Human Resources Manager
Donald Ballard S eve Berliner
Maintenance Worker City Representative
Pascal Ohoiner
Maintenance Worker
Steve Cadena
Teamsters Representative
29