HomeMy WebLinkAbout12-098 - Resolutions RESOLUTION NO. 12-098
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 AND GENERAL EMPLOYEE
LABOR GROUP RELATIVE TO WAGES, BENEFITS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
FISCAL YEARS 2012/13 AND 2013114.
A. RECITALS
Representatives of the City of Rancho Cucamonga (City) and the Mid-Manager,
Supervisory/Professional and General Employee Labor Group 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 Executive Management have agreed upon and
presented to this City Council a Memorandum of Understanding effective July 1, 2012
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-Management, Supervisory/Professional and General
Labor Group representatives for Fiscal Year 2012/13 and 2013/14 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 20'" day of June 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
o D
L. Dennis Michael, Mayor
ATTEST:
Janic 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 20th day of June 2012.
Executed this 215'day of June 2012, at Rancho Cucamonga, California.
Janic C. Reynolds, qty Clerk
Resolution No. 12-098 - Page 2 of 16
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, 2012 and shall continue for a two-year
period, ending June 30, 2014.
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 5: 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. 12-098 - Page 3 of 16
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, subjectto 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. 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.
D. REOPENER
In July, 2013, the parties agree that negotiations will reopen for the purposes of
Resolution No. 12-098 - Page 4 of 16
discussing medical plans, benefit contributions and collapsing of the two (2) tiers.
Any new terms would be subject to mutual agreement. If no agreement is reached
to make changes, then the contributions as described in Sections A through C
above will remain in effect for the duration of this MOU.
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. 12-098 - Page 5 of 16
SECTION 9: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried
employees within the bargaining unit.
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.
SECTION 11: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA)
The City has established a Voluntary Employee Benefit Association (VEBA) through the
California Government Voluntary Employee Benefit Association to assist employees with
planning for future health care expenses. 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 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).
SECTION 13: 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).
Resolution No. 12-098 - Page 6 of 16
SECTION 14: 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 15: 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
SECTION 16: VACATION BUYBACK
Annually, at the employee's written request, the City will "buy back,"the total cash value of
up to 120 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 sell back vacation must request payment of not less than 20 hours and not more
than 120 hours in a calendar year.
SECTION 17: 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 18: 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.
Resolution No. 12-098 - Page 7 of 16
SECTION 19: 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.
I') July 4 Independence Day
(Z) First Monday of September Labor Day
(3) November 11 Veteran's Day
(4) Last Thursday of November Thanksgiving Day
(5) Day following Thanksgiving
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(6) January 1 New Years Day
�9) Third Monday of January Martin Luther King's Birthday
(t0) 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,
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. 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 20: HOLIDAY TIME
The City agrees that employees who are assigned to work on a holiday, whether or not
their regular shift assignment requires they work that day, are eligible for pay at time and
one-half for working that day. This time and one-half may be taken as compensation 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.
Resolution No. 12-098 - Page 8 of 16
SECTION 21: 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 22: 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 23: 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.
SECTION 24: 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.
Resolution No. 12-098 - Page 9 of 16
SECTION 25: 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 26: MILITARY SERVICE BUY BACK
Employees have the option for military service buy back at the employee's expense.
SECTION 27: 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 28: ON CALL PAY
Employees required to be on call shall be compensated at the rate of $200.00 per week.
SECTION 29: SAFETY FOOTWEAR
The City will provide up to $200.00 annually toward the purchase of safety footwear at a
city designated vendor for employees required to wear safety footwear in the performance
of their job duties.
SECTION 30: RETIREMENT BENEFIT
Represented employees shall be members of the California Public Employees Retirement
System (CaIPERS) and shall be provided the benefits as described below:
A. Employees Hired Before September 1, 2010
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Yr Final Compensation
City pays the normal eight percent (8%) CaIPERS member contribution per
Resolution 11-063.
Effective July 1, 2013, employees shall pay one percentage point (1%) of the
normal CaIPERS employer contribution.
Resolution No. 12-098 - Page 10 of 16
B. 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
City pays seven percent (7%) of the normal CalPERS member contribution;
employee pays one percentage point(1%) of the CalPERS member contribution per
Resolution 11-063.
C. Employees Hired on or After July 4, 2011
§ 21354 2% @ 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Yr Final Compensation
City pays six percent (6%) of the normal CalPERS member contribution; employee
pays one percentage point (1%) of the CalPERS member contribution per
Resolution 11-063.
It is understood that all contributions paid by the employee as described 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).
City shall adopt 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.
D. Impacts of Legislative Pension Changes: If, subsequent to the adoption of this
MOU, a State measure becomes law which requires employees to pay one
percentage point (1%) or more of their CalPERS retirement Employer or Employee
Paid Member Contribution, the existing one percentage point (1%) payment of the
employer or employee share being paid by employees would be eliminated on the
effective date of such measure. Upon a request from the bargaining unit, the
parties will reopen negotiations solely for the purposes of considering new terms
related to the payment amount and method of CalPERS retirement contributions.
Any new terms would be subject to mutual agreement.
SECTION 31: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY COURSES
Reimbursements by the City of the following enumerated college and/or university course
expenses shall not exceed 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.
Resolution No. 12-098 - Page 11 of 16
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)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 32: 4/10 WORK WEEK
City Hall generally operates on a 4/10 work week, hours 7am to 6pm, Monday through
Thursday. However, different work schedules consisting of various work hours and days
may be adopted by individual departments based on departmental need. Remote facilities
operate on a 40-hour work week of varying days and times.
SECTION 33: 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.
Resolution No. 12-098 - Page 12 of 16
SECTION 34: 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 35: 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. Additionally, if during the term of this MOU,
the City provides to another City (not District)employee group a furlough amount less than
that provided to City employees subject to this MOU, the City employees subject to this
MOU shall be collectively offered an equivalent proposal, including furlough amount, which
may at the option of the affected bargaining unit, be implemented in the same or equivalent
time frame as was applied to another City employee group.
SECTION 36: 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
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 37: Furloughs
Fiscal Year 2012/13
Employees will be required to take thirty-five (35) hours of unpaid furlough during Fiscal
Year 2012/13. The number of furlough days will depend on the employee's regular work
schedule. Employees will have four options to complete the thirty-five (35) hour furlough
as outlined below, with the final decision to be made in writing. Once the City has received
Resolution No. 12-098 - Page 13 of 16
in writing the decision by all employees regarding their preferred method of meeting their
furlough obligation, the City will provide a written Furlough Implementation Schedule to the
affected departments and to the negotiation team for each affected employee group.
Furlough Options:
• Vacation Hours — The employee may elect to "give back" thirty-five (35) 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 thirty-
five (35) hours available, the City will permit the employee to accumulate the
additional hours through January 31, 2013. If the employee has not accumulated
sufficient vacation hours by January 31, 2013, then the employee must take the
balance of the thirty-five (35) hours as unpaid furlough hours during the period
February 2013 through July 31, 2013.
B. Probationary employees who complete probation prior to May 31, 2013 and have
elected, in advance, to have thirty-five (35) 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 May 31, 2013, a one-time
exception shall be made to allow the deduction of the accrued leave by June 30,
2013 if they so choose. If a probationary employee has not accrued thirty-five (35
hours as of May 31, 2013, then the employee must take the balance of the thirty-
five (35) hours as unpaid furlough hours by July 31, 2013. Any probationary
employee who did not chose to deduct accrued leave shall take the balance of the
thirty-five (35) hours as unpaid furlough hours during the period February 2013
through July 31, 2013.
• Unpaid Furlough Hours — An employee may elect to take thirty-five (35) unpaid
furlough hours during the period August 1, 2012 through July 31, 2013.
Furlough hours may be scheduled in full ten (10) hour increments or five (5) hour
increments for those employees who work ten (10) hour schedules. However, a
maximum of fifteen (15) hours can be taken in five (5) hour increments during FY
2012/13.
Furlough hours may generally be scheduled in full eight (8) hour increments or four(4)
hour increments for those employees who work eight (8) hour schedules. However, a
maximum of twelve (12) hours can be taken in four (4) hour increments. Because
employees cannot achieve the full 35 hours of furlough in a combination of eight (8)
and/or four (4) hour increments, those employees working eight hour schedules must
furlough the remaining three (3) hours during FN 2012/13.
Resolution No. 12-098 - Page 14 of 16
• Holiday Closure — An employee may elect to take unpaid furlough hours in FY
2012/13 during the holiday closure described in Section 38 and choose either of the
preceding options to total thirty-five (35) 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 thirty-five (35) hours of furlough.
• Furlough Spread Over 26 Pay Periods — As an option to spread the furlough
obligation over the full 26 pay periods in the 2012/13 fiscal year, employees may elect
to furlough 1.35 hours per pay period. These employees will work their normal (80
hour) work period (less any regular holiday, vacation, sick or other leave) but will note
1.35 hours of furlough on each time sheet which will result in payment for 78.65 hours
of non-furlough time per 80 hour pay period.
Fiscal Year 2013/14
Furloughs will be eliminated completely in the 2013/14 fiscal year.
SECTION 38: Holiday Facility Closure
For FY 2012/13, if agreed to by all City labor groups, in addition to the regular scheduled
City holidays of December 24 and 25, 2012, and January 1, 2013, City Hall and the City
Yard shall close December 26, 27 and 31 , 2012.
For FY 2013/14, if agreed to by all City labor groups, in addition to the regular scheduled
City holidays of December 24 and 25, 2013 and January 1, 2014, City Hall and the City
Yard shall close on December 23, 26, 30 and 31, 2013 and January 2, 2014. Closure
dates for the Libraries, the Cultural Center and other Community Services facilities shall be
determined by the City in order to minimize the impact on public services. During these
closures employees may take paid leave from holiday, management leave, comp time,
vacation accruals, unpaid leave or furlough hours.
SECTION 39: 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 40: ADOPTION OF MOU
This memorandum, between representatives of the City and the Mid-Manager,
Supervisory/Professional and General Labor Group, was adopted on June 20, 2012.
Resolution No. 12-098 - Page 15 of 16
MID-MANAGER,
SUPERVISORY/PROFESSIONAL
AND GENERAL LABOR GROUP CITY
Larry Henderson, Principal Planner John R. Gillison, City Manager
Mid-Manager
Flavio Nunez, Management Analyst I Lori Sassoon, Deputy City Manager/
Supervisory/Professional Administrative Services
Steve Fowler, Assistant Planner Chris Paxton, Human Resources Director
Supervisory/Professional
Crystal Zuniga, Community Services Coor. Fabian Villenas, Principal Analyst
General Employees
Cathy Dawson, Public Works Inspector II
General Employees
Resolution No. 12-098 - Page 16 of 16