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HomeMy WebLinkAbout10-059 - Resolutions RESOLUTION NO. 10-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER/SUPERVISORY- PROFESSIONAL/GENERAL EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2010-11 and 2011-12. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the Md-Manager/Supewisoy ProfessaialiGeneral Employees 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 Mid-Manager/Supervisory ProfessionaVGeneral Employees have agreed upon and presented to this City Council a Memorandum of Understanding pertaining to the Mid-Manager/Supenriscry ProfessionaliGeneral Employees effective, July 1, 2010 specifying the results of said meet and confer process. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council of the 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 the Mid-Manager/Supervisory ProfessionaliGeneral Employees representatives for Fiscal Years 2010-11 and 2011-12 effective July 1, 2010 is hereby approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this resolution. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 19th day of May 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Ole Donald J. Kurth, M.D., Mayor ATTEST: ice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 19`h day of May 2010. Executed this 20th day of May 2010, at Rancho Cucamonga, California. ��- ice C. Reynolds, City Clerk Resolution No. 10-059—Page 2 of 15 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF RANCHO CUCAMONGA; CALIFORNIA AND MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective July 1, 2010 and shall continue for a two-year period, ending June 30, 2012. SECTION 2: COST OF LIVING ADJUSTMENT There shall be no cost of living adjustment (0%) for the term of this agreement. SECTION 3: SALARY STRUCTURE 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 5% (10 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 S: TWO-TIERED MANAGEMENT PROGRAM Employees designated as either Professional/Supervisory or Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: Management (includes but is not limited to Mid-Managers) A. Administrative Leave—Seventy Five(75) hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months service within this classification. B. Life Insurance —Additional life insurance in the amount of$20,000.00 (total $50,000.00) C. Deferred Compensation — Four percent (4%) of base salary. Resolution No. 10-059—Page 3 of 15 Supervisory/Professional A. Administrative Leave — Fifty (50) hours per fiscal year. Days off must be approved by appropriate supervisor, and may be taken only after successful completion of six months service within this classification. B. Life Insurance —Additional life insurance in the amount of $20,000.00 (total $50,000.00). C. Deferred Compensation — Two percent (2%) of base salary. SECTION 6: LIFE INSURANCE The City provides $30,000.00 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 7: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE JULY 1, 1994 The City shall provide employee and family health insurance for all existing full-time continuous salaried employees within the bargaining groups, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 B. EMPLOYEES HIRED AFTER JULY 1, 1994 The City shall provide employee and family health insurance for all full-time continuous employees within the bargaining groups who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: $700 C. PLAN CHANGES The parties have reached an agreement with regard to changes to the group health insurance plans offered by the City in order to achieve premium cost savings. The parties agree that the initial insurance renewal will be for six months only and that during that time, the City will issue a Request For Proposal for broker services with the intention to implement a new twelve (12) month plan year based on the calendar year beginning January 1, 2011. Resolution No. 10-059— Page 4 of 15 D. CASH IN-LIEU PAYMENT Effective July 1, 2010 represented employees who waive coverage under a City paid medical insurance plan shall be eligible for a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage. To be eligible an employee must provide proof of other medical insurance coverage and must provide a signed waiver. 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 by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. 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. Resolution No. 10-059— Page 5 of 15 SECTION 9: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit. The City agrees to average the cost of dental insurance for all full-time continuous salaried employees within the bargaining unit and elected officials through June 30, 2012. SECTION 10: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees within the bargaining unit and elected officials. The City agrees to average the cost of optical insurance for all full time continuous salaried employees within the bargaining unit and elected officials through June 30, 2012. SECTION 11: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VERA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses Employees are allowed a one time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to the following schedule: Mandatory Employee Contributions: 1. Supervisory/Professional Employees hired prior to July 1, 1994 • Bi-weekly payroll contribution- $25.00 • Annual Contribution — None • Upon Separation From Employment— None Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the Supervisory/Professional Group, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. 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 to voluntary participation of members in the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees). Resolution No. 10-059 —Page 6 of 15 SECTION 13: RETIREE HEALTH SAVINGS ACCOUNT The City agrees that it shall provide information and allow to be established and implemented, at no cost to the City, a voluntary form of Retiree Health Savings Account. Actual establishment of the Health Savings Account requires the approval of the bargaining unit. SECTION 14: BEREAVEMENT LEAVE When a death occurs in the family of a full time employee, the employee shall be granted up to five (5) bereavement leave days 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, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, 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 15: PERSONAL LEAVE Employees can use up to 20 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 20 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. Personal leave can be taken after six months service. SECTION 16: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months service. 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 Resolution No. 10-059 —Page 7 of 15 SECTION 17: VACATION BUYBACK The City will provide the [total] cash value of up to 80 hours of vacation leave annually,that may be bought back during either November or April. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buyback time. Employees who wish to buyback vacation must request payment of not less than 40 hours and not more than 80 hours. SECTION 18: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave can be taken after six months service. SECTION 19: SICK LEAVE BUYBACK Employees within the bargaining unit who terminate their city employment after 5 years of continuous service and have at least 50% of five years' sick leave accrued on the books upon termination can sell 120 hours back to the City. SECTION 20: HOLIDAYS The City Offices shall observe the following 14 holidays. All full time continuous. salaried employees shall be compensated at their regular rate for these days. ('� July 4 Independence Day (2) First Monday of September Labor Day (3) November 11 Veteran's Day (4) Last Thursday of November Thanksgiving Day (5) Day following Thanksgiving (Floater) - (6) December 24 Day preceding Christmas (Floater) (7) December 25 Christmas Day (8) January 1 - New Years. Day (9) Third Monday of January Martin Luther King's Birthday (10) Third Monday of February President's Day (") Last Monday of May Memorial Day ('Z) Three discretionary days may be taken by an 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 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, Resolution No. 10-059—Page 8 of 15 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 Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. 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. 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 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 maybe 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 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 Maintenance employees in the bargaining unit required as part of the regular work assignment to work on Christmas Day, New Years 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: NATAL AND ADOPTION LEAVE 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; 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 24: NATAL AND ADOPTION LEAVE WITH PAY Employees within the bargaining unit are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child, however, use of the 2 paid days does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. Resolution No. 10-059— Page 9 of 15 SECTION 25: 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 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 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 (1st) 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 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 27: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 28: OVERTIME-MAINTENANCE (NON-SBPEA) The City agrees that employees who are 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, 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 who are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours. Any hours worked in excess of 10 in that 12 hour shift will be paid at time and one-half, regardless of the total numbers of compensated hours for that work week. SECTION 29: ON CALL PAY Employees required to be on call shall be compensated at the rate of $200.00 per week. Resolution No. 10-059— Page 10 of 15 SECTION 30: SAFETY FOOTWEAR The City will provide up to $200.00 annually toward the purchase of safety footwear at a city designated vendorfor employees required to wear safety footwear in the performance of their job duties. SECTION 31: RETIREMENT BENEFIT The Citywill provide the employees' contribution for CalPERS 2.5% @ 55 retirement formula and supplemental benefit through PARS Phase II Retirement System. The new retirement formula and the supplemental plan shall become effective December 1, 2002. Employees hired on or after July 1, 2010 shall pay 1% of the employee's share of the required CalPERS contributions. This 1% contribution shall be deducted from the employee's pay in accordance with CalPERS policy. SECTION 32: 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 of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall represent to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of"C" or"pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C"or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). 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)forwhich reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above- Resolution No. 10-059 — Page 11 of 15 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 33: 4/10 WORK WEEK The City will operate on a 4/10 work week, hours 7 am to 6 pm, Monday through Thursday. SECTION 34: 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 $2.60 per day for every day that the bargaining unit employee carpools. SECTION 35: BI-LINGUAL PAY Bargaining Unit employees who qualify for bi-lingual pay will be provided such at $75.00 per month, subject to a cap of no more than three (3) authorized bargaining unit bi-lingual employees per department. SECTION 36: PARITY PROVISION If, during the term of this MOU the City provides base salary increases to other City/Fire District employees in amounts in excess of that provided to City employees pursuant to this MOU, then said additional base salary increases shall be implemented as to City employees in the payroll period(s) for which said base salary increases were made effective for other City/Fire District employees. SECTION 37: CONFIDENTIAL EMPLOYEES Confidential employees are designated as such when an employee in the course of his or her duties, has access to information relating to the City's administration of employer- employee relations. Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City. The employees designated as confidential employees are as follows: Account Technician — Payroll Personnel Services Coordinator Administrative Secretary Planning Commission Secretary Resolution No. 10-059— Page 12 of 15 Assistant City Clerk Records Clerk Benefits Technician Records Coordinator-,... Deputy City Clerk Risk Management Coordinator Executive Assistant Secretary Office Specialist II —Administrative Services Senior Account Technician.—..Payroll Personnel Clerk Senior Administrative Secretary SECTION 38: Furloughs Employees will be required to take forty (40) hours of unpaid furlough during Fiscal Year 2010/11. The number of furlough days will depend on the employee's regular work schedule. Employees will have three options to complete the forty (40) hour furlough as outlined below, with the final, irrevocable decision to be made in writing by July 29, 2010. Once the City has received in writing the decision by all employees regarding their preferred method of meeting their furlough obligation, the City will, within sixty (60) calendar days, provide a written Furlough Implementation Plan to be shared with all employee groups. Furlough Options: • Vacation Hours — The employee may elect to "give back" forty (40) hours from their accrued vacation leave bank to the City. A. If an employee opts to give back vacation leave hours but does not have all forty (40) hours available, the City will permit the employee to accumulate the additional hours through January 31, 2011. If the employee has not accumulated sufficient vacation hours by January 31, 2011, then the employee must take the balance of the forty (40) hours as unpaid furlough hours during the period February 2011 through June 30, 2011. B. Probationary employees who complete probation prior to 5/30/11 and have elected, in advance, to have forty (40) hours deducted from their accrued vacation balance, shall have the deduction made at the conclusion of probation. If the employee does not complete probation prior to 5/30/11, a one-time exception shall be made to allow the deduction of the accrued leave by 6/30/11 if they so chose. If a probationary employee has not accrued 40 hours as of 5/30/11, then the employee must take the balance of the forty (40) hours as unpaid furlough hours by June 30, 2011. Any probationary employee who did not chose to deduct accrued leave shall take the balance of the forty (40) hours as unpaid furlough hours during the period February 2011 through June 30, 2011. Resolution No. 10-059— Page 13 of 15 • Unpaid Furlough Hours —An employee may elect to take forty (40) unpaid furlough hours during the period October 1, 2010 through June 30, 2011. Holiday Closure—An employee may elect to take unpaid furlough hours during the three (3) day holiday closure described in Section 39 and choose either of the preceding options to total forty (40) hours of furlough. If an employee furloughs during the holiday closure period but is subsequently called in to work, that day shall not be counted toward the employee's required forty (40) hours of furlough. SECTION 39: Holiday Facility Closure Certain City Facilities shall close for three days during the period 12/24/10 through 1/2/11. City Hall and the City Yard shall close December 27, 28 and 29. Closure dates for the Libraries, the Cultural Center and other Community Services facilities shall be determined by the City in order to balance the impact on public services with the need for cost savings. During this closure employees may take paid leave from holiday, management leave, compensatory time or vacation accruals. SECTION 40: LIMITED REOPENER The parties agree to reopen negotiations in February, 2011. The purpose of this reopener will be to discuss, if necessary, the implementation of furlough days and holiday closure in FY 2011/12, and an increase in the employee payment of the CalPERS employee contribution for new hires. The reopener is non-binding if both side are unable to reach agreement, and if that should occur, both sides acknowledge that layoffs may be implemented in the General, Supervisory/Professional and Mid-Management Employee Group regardless of whether layoffs occur in any other employee bargaining group. SECTION 41: Items Not Covered It is agreed that, with respect to other items subject to meet and confer but not covered in this MOU, the City agrees to maintain those items unchanged for the duration of this agreement. SECTION 42: ADOPTION OF MOU This memorandum, between representatives of the City and the Mid-Manager, Supervisory/Professional and General Labor Group, was adopted on May 19, 2010. Resolution No. 10-059— Page 14 of 15 MID-MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL LABOR GROUP CITY John Thomas, Plan Check & Insp. Mgr. Jack Lam, City Manager Mid-Manager Flavio Nunez, RDA Analyst II Supervisory/Professional Joe Stofa, Associate Engineer Supervisory/Professional Joseph Duguay Community Services Coordinator General Employees Alicia Reister, Code Enforcement Officer General Employees Resolution No. 10-059 — Page 15 of 15