HomeMy WebLinkAbout2021-043 - Resolution RESOLUTION NO. 2021-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA
MANAGEMENT ASSOCIATION
WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Rancho
Cucamonga Management Association (RCMA) have met and conferred pursuant to the
provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with
regard to terms and conditions of employment; and
WHEREAS, representatives of the City and the Rancho Cucamonga Management
Association have agreed upon and presented to this City Council a Memorandum of
Understanding effective June 2, 2021 to June 30, 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES that said Memorandum of Understanding with the Rancho Cucamonga
Management Association is hereby approved and the City Manager is hereby authorized to sign
said Memorandum of Understanding on behalf of the City of Rancho Cucamonga, and the City
Clerk to attest thereto.
Resolution No. 2021-043 - Page 1 of 2
PASSED, APPROVED, and ADOPTED this 2"d day of June 2021.
• is Michael, May
ATTEST:
e.
nice C. Reynolds, Ci y Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
1, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 2nd day of
June 2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 3rd day of June, 2021, at Rancho Cucamonga, California.
119 ice C. Reynolds, City berk
Resolution No. 2021-043 - Page 2 of 2
City of Rancho Cucamonga
CONTRACT NUMB R
202 k-oft
MEMORANDUM OF UNDERSTANDING
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
2021 - 2022
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND RANCHO
CUCAMONGA MANAGEMENT ASSOCIATION (RCMA)
SECTION 1: EFFECTIVE DATE
The provisions of this MOU are effective upon City Council approval and shall continue for
a twelve (12) month period, ending June 30, 2022.
A. NEGOTIATIONS FOR SUCCESSOR MOU
The City and RCMA agree that negotiations for the successor MOU will begin during the
second full week in January 2022, which begins on Monday, January 10, 2022.
The City and RCMA agree to meet and confer at least twice per month while negotiations
are ongoing, unless both parties mutually agree to fewer meetings in a month.
RCMA agrees to take Tentative Agreements reached at the table to their membership
for a ratification by their members within 60 days or they expire.
SECTION 2:"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 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 sha!II conduct a salary survey of labor market cities approximately six months
before the start of new labor negotiations for the next MOU.
SECTION 5: MANAGEMENT BENEFITS
Employees designated as Management are not eligible for overtime pay, or compensatory
time for working hours over and above the normal daily work schedule. Employees so
designated shall be entitled to all benefits provided to general employees and the following:
A. Administrative Leave — Eighty-Five (85) hours per fiscal year. Days off must be
approved by appropriate supervisor.
B. Life Insurance — The City provides $50,000 base coverage of life insurance for
bargaining unit employees. Employees who want to purchase additional life
insurance coverage with personal funds may do so at the City's group rate.
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C. Deferred Compensation — Four percent (4%) of base salary.
The City will match dollar for dollar up to $50 per month and 1% of monthly base
salary per month in deferred compensation for any bargaining unit member who pays
up to $50 and 1% of monthly base salary into deferred compensation through payroll
deductions.
Deferred Compensation participation for new bargaining unit members shall be
automatic with an opt-out option.
SECTION 6: HEALTH INSURANCE
A. LEVEL OF BENEFIT
The City shall provide employee and family health insurance for all full time
continuous salaried employees within the bargaining unit, subject to the limitation
that no such monthly funding by the City shall exceed $1,175 per month.
B. USE OF ACCRUED VACATION FOR ABOVE CITY-PAID CONTRIBUTION
MAXIMUM HEALTH INSURANCE
Employees who elect a health insurance program with a premium above the City-
paid contribution maximum may also elect to use the cash value of redeemed
accrued vacation to pay for any above maximum premium. Such use will be on a
dollar-for dollar and pre-tax basis. Such election must be made in writing, may cover
all or a specified part over the maximum premium, and be effective for one calendar
year unless the participant terminates employment with the City during the year
(see Appendix A for complete information on this optional benefit). If accrued
vacation is insufficient to pay for any above maximum premium, the difference will
be deducted from the employee's net pay. This periodic payout will not be included
in the computation of overtime and will not counts towards Vacation Buyback. The
parties agree that this position will not be used when bargaining, contemplating, or
calculating the health insurance benefit.
C. CASH IN-LIEU PAYMENT
Represented employees who 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
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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.
D. AFFORDABLE CARE ACT REOPENER
The Rancho Cucamonga Management Association or City may reopen
negotiations on the issue of health insurance benefits to address changes to or the
elimination of the ACA and in order to avoid penalties or taxes under the ACA or
other statutory scheme that may result from an interpretation of the ACA or other
statutory scheme by the Internal Revenue Service or other federal agency
(including, but not limited to, a revenue ruling, regulation or other guidance) or state
agency, or a ruling by a court of competent jurisdiction. These negotiations will not
result in a reduction or increase in the amount the City provides for employee health
coverage.
SECTION 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.
It is agreed a ,Id 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.
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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 employees with
planning for future health care expenses. Employees are allowed a onetime 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 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: 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: 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 12: BEREAVEMENT LEAVE
When a death occurs in the family of a full-time employee, the employee shall be granted up
to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence
may be required by the City Manager or designee before leave is allowed. Family members
are defined as follows: employee's spouse or domestic partner, employee's parents,
employee's grandparents, employee's children, son-in-law, daughter-in-law, employee's
siblings, or employee's grandchildren, employee's spouse or domestic partner's parents,
employee's spouse ordomestic partner's grandparents,grandparents-in-law, 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
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shall approve such bereavement leave. (References to domestic partner referto registered
domestic partner, as defined by California Family Code Section 297.)
SECTION 13: PERSONAL LEAVE
Employees 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, 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.
SECTION 14: VACATION
All full-time employees shall, with continuous service, accrue working hours of vacation
monthly according to the following schedule.
Length of Service Hours Accrued Annual Hours
in Years Per Pay Period Accrued
1 3.077 80
2 3.461 90
3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15+ 6.923 180
SECTION 15: VACATION CAP
Vacation shall be capped at 1040 hours. Any hours accrued over 1040 hours will be cashed
out using the options below:
■ Cash
■ Deferred compensation contributions as allowed by law
The employees make an irrevocable decision before the end of the calendar year and the
payment or distribution will occur in April.
SECTION 16: VACATION BUYBACK
Annually, any employee that wants to have the City buy back vacation hours shall make an
irrevocable election to do so. The irrevocable election shall be submitted in writing to the
City's Human Resources Department on or before December 15 and shall indicate the
number of hours of vacation that the employee expects to earn in the following calendar
year that the employee wants the City to buy back, with a minimum buy back of 20 hours up
to a maximum of 160 hours. This buy back shall occur twice annually, in June/July (between
the last payday in June and the first payday in July) and December (between the first and
second payday of the month), and the employee must indicate the total amount of hours
they want paid out in June/July and in December. Regardless of the number of hours
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requested to be cashed out at either time, the most the City can cash out is the number of
hours accrued and available in that calendar year to date. Employees must maintain a
minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback
time.
SECTION 17: VACATION ACCRUAL
City Manager may provide an accrual rate for new Management employees up to the
equivalent of a five-year employee upon hire. This is important as many experienced
candidates have significant time in public sector and otherwise might have to begin at a
much lower accrual rate than they receive at their current agency.
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 of service.
A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such
as the diagnosis, care or treatment of a health condition), or preventive care.
B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such
as the diagnosis, care or treatment of a health condition), or preventive care of 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 from a shelter;
program or crisis center; or participate in safety planning or other actions to increase
safety.
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D. Medical Certification
In the event sick leave absences due to personal illness or injury, which exceeds three
(3) consecutive workdays, the Department Head or Human Resources may require a
physician's statement indicating the employee's fitness to return to work.
Should the City suspect that there is an abuse of sick leave by an employee, the City
may require that the employee submit to Human Resources a physician's certification to
support the absence.
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 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) Fourth Thursday of November Thanksgiving Day
(5) Day following Thanksgiving Floater
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(8) January 1 New Year's Day
(9) Third Monday of January Martin Luther King's Birthday
Third Monday of February President's Day
Last Monday of May Memorial Day
(12) Three discretionary days may be taken by an employee at his/her convenience
subject to approval of the department head. Days may not be carried over from one
fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday
shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the
preceding Thursday shall be observed as the holiday. When a holiday combination
occurs (Thanksgiving, Christmas, etc.) where two 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, except as provided during a Holiday Closure pursuant to Section 38.
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
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instance of Thanksgiving, Christmas, or New Year's,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 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.
SECTION 22: HOLIDAY FACILITY CLOSURE
City Facilities will observe a holiday closure beginning Thursday, December 23,
2021 through Friday, December 31, 2021. During the term of this MOU, there will be
Holiday Facility Closures, certain City facilities may close in conjunction with the
Christmas and New Year's holidays. Closure dates for City facilities shall be
determined by the City in order to balance the impact on public services. The City will
strive to provide a schedule of Holiday Facility Closures at least six months or more in
advance of the closure. During a holiday closure, affected represented employees
may take paid leave from holiday, management leave, compensatory time, vacation
accruals, or use unpaid leave. When holiday closures are implemented by the City,
Section 19's provision regarding consecutive holidays shall notapply.
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 including the paid leave as outlined
below; such leave shall be pursuant to the provisions of the California Pregnancy
Disability Act ("PDA"; California Government Code Section 12945), if applicable. The
City's PDA policy is incorporated herein by reference. Employees on this leave of
absence without pay beyond the four-month period will be responsible for the payment of
medical, dental and optical premiums to keep the coverage in force during the leave of
absence.
SECTION 24: NATAL AND ADOPTION LEAVE WITH PAY
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
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initial 80 hours must be charged to sick leave, vacation, compensatory or floating holiday
time.
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. Forthis 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 88: BILINGUAL PAY
Bargaining ',Unit employees who qualify for bilingual pay will be provided such at$75.00 per
month, Each Department Head will determine the number of employees needed to perform
translation duties per department, subject to review and approval of the Deputy City
Manager/Administrative Services.
Employees who receive bilingual pay are expected to perform translation services for their
Department and for other City Services should the need arise. An updated list of the
employees receiving bilingual pay will be provided every six-months or as changes occur.
Bilingual duties will be distributed as equitable as possible.
SECTION 29: 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
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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 7/11/16, 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 January of 2019, the City will pay
five percent (5%) of the CalPERS member contribution and employees shall
pay three percent (3%) of their PERSable compensation towards the CalPERS
member contribution and two percent (2%) of their PERSable compensation
towards the CalPERS employer contribution. The City will adopt a resolution to
reflect this change prior to the effective date.
4. Effective the first full pay period beginning in January of 2020, the City will pay
three percent (3%) of the CalPERS member contribution and employees shall
pay five percent (5%) of their PERSable compensation towards 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
CalPERS member contribution per Resolution 11-063.
2. Effective 7/11/16, 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 CalPERS member
contribution per Resolution 15-090.
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3. Effective the first full pay period beginning in January of 2019, the City will pay
five percent (5%) of the CalPERS member contribution, and employees shall
pay three percent (3%) of their PERSable compensation towards the CalPERS
member contribution and two percent (2%) of their PERSable compensation
towards the CalPERS employer contribution. The City will adopt a resolution to
reflect this change prior to the effective date.
4. Effective the first full pay period beginning in January of 2020, the City will pay
three percent (3%) of the CalPERS member contribution, and employees shall
pay five percent (5%) of their PERSable compensation towards the CalPERS
member contribution. The City will adopt a resolution to reflect 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
CalPERS member contribution per Resolution 11-063.
2. Effective 7/11/16, employees shall pay four percent (4%) of their PERSable
compensation towards the CalPERS employer contribution for a total of one
percent (1%) of the CalPERS member contribution and four percent (4%) of
thle employer contribution per Resolution 15-090.
3. Effective the first full pay period beginning in January of 2019, the City will pay
four percent (4%) of the CalPERS member contribution and employees shall
pay three percent (3%) of their PERSable compensation towards the CalPERS
member contribution and two percent (2%) of their PERSable compensation
towards the CalPERS employer contribution. The City will adopt a resolution to
reflect this change prior to the effective date.
4. Effective the first full pay period beginning in January of 2020, the City will pay
two percent(2%) of the CalPERS member contribution and employees pay five
percent (5%) of their PERSable compensation towards 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).
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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.
The City adopted a resolution providing that all employee CalPERS contributions
shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation.
All employee payments of the employer share are done pursuant to Government
Code Section 20516(f).
There shall be no sunset date to any provision in Section 30.
F. 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 or any MOU, Agreement, Rule or Regulation
predating this MOU. PEPRA includes, but is not limited to, the provisions
described below:
Unit members hired on and after January 1 , 2013, deemed to be a"new member"
as defined in Government Code§ 7522.04, shall individually pay an initial Member
CALPERS contribution rate of 50%of the normal cost rate for the Defined Benefit
Plan in which said"new member" is enrolled, rounded to the nearest quarter of 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).
G. 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
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(10) years of full-time continuous service and retire from the City. This benefit
will be paid to qualified retirees in addition toany CalPERS benefits to which they
are entitled.
H. Employer Paid Member Contribution (EPMC)
1. Effective July 4, 2011:
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.
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 January of 2019:
This benefit shall consist of paying 5% 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 5% 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 4% 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.
3. Effective the first full pay period in January of 2020:
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
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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.
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 EMPC
on compensation earnable.
SECTION 30: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 as regards 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 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
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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 priorto 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)
tuitipn, 2) books, 3) supplies, 4) parking, and 5) laboratory. In addition to all other
cozitions 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 31: ENCOURAGING PROFESSIONAL DEVELOPMENT
Promotions are movements to a different classification with a higher pay range.
Bargaining unit employees are encouraged to seek regular performance feedback from
their direct supervisors and other Department leadership for professional development
and in order to prepare to compete for future promotional opportunities. If a member
applies for a promotion to a bargaining unit position and is not selected for an interview
or has an interview but is not selected for the job, the employee is encouraged to request
feedback from their supervisor as to reasons why they were not selected. The supervisor
will work 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 32: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS
The City will pay for the cost of any required certifications or recertification required of
employees to maintain their positions. Required certifications must be outlined in an
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 33: 4/10 WORK WEEK
City Hall generally operates on a 4/10 work week, hours lam to 6pm, Monday through
Thursday. However, different work schedules consisting of various work hours and days
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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 34: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buy
backs can be by paper check.
SECTION 35: 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 36: CONFIDENTIAL EMPLOYEES
The City will provide RCMA with a list of specific Confidential Employees whose positions
are covered by the Management Employees' bargaining unit. These employees are
designated as Confidential Employees due to the work they perform related to employer-
employee relations and the access they have to information related to employer-
employee relations. The City will update that list when a new confidential employee is
hired, or the duties of a current confidential employee changes and they are no longer
involved in employer employee relations.
Employees designated as confidential employees may not act as representatives of
employee organizations which represent other employees of the City, may not represent
employees in discipline or grievance procedures and may not provide information or
participate in labor negotiation on behalf of RCMA.
Confidential Employees may be employed in some of the following positions (this list is not
exhaustive):
Deputy Director of Finance
Deputy Director of Human Resources
Finance Manager
Principal Accountant
Revenue Manager
Senior Executive Assistant
SECTION 37: USE OF BULLETIN BOARDS AND CITY EMAIL SYSTEM
The City will furnish a portion of existing bulletin board space, located in bargaining
unit break areas where such bulletin boards currently exist, for RCMA notices. Such
space will be no less than 18" x 24". If insufficient bulletin board space exists in a
Bargaining Unit work or break area,the RCMA may, after receiving approval in writing
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from the City, put up a bulletin board not to exceed 18" x 24" depending on available
space. RCMA may also distribute notices to covered employees through the City's
email system. Bulletin boards and emails shall only be used for the following notices:
• Scheduled RCMA meetings, agenda and minutes.
• Information on RCMA elections and the results.
• Information regarding RCMA social, recreational, and related news bulletins.
• Reports of official business of RCMA, including negotiations, reports of
committees or the Board of Directors.
City equipment (including City computers, laptops, and tablets), 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 RCMA. RCMA agrees to follow the City's E-Mail Policy
when sending emails to City employees. RCMA understands that all electronic mail is not
confidential, and that the city reserves the right to access and disclose all messages sent
over its email system for any purpose in accordance with the City's E-Mail Policy.
SECTION 38: ACCESS TO WORK LOCATIONS
The parties recognize and agree that in order to maintain good employee relations; it is
necessary for Labor Relations Representatives and designated Officers and
representatives of RCMA to confer with Bargaining Unit employees during working hours.
Therefore, 'RCMA Labor Relations Representatives, Officers or representatives will be
granted access to work locations during regular working hours to investigate and process
grievances or appeals. RCMA Labor Relations Representatives or Officers shall be
granted access upon obtaining advance authorization from the designated management
representative prior to entering a work location and after advising the City at least one
business day in advance of the requested access, of the general nature of the business.
The designated management representative may deny access orterminate 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 amutually
agreeable time for access to the employee. RCMA Labor Relations Representatives or
Officers granted access to work locations shall limit such visits to a reasonable period of
time, taking into consideration the nature of the grievance or appeal. The City shall not
unreasonably interfere with RCMA's access right to work locations and any reasonable
denial of access shall not be subject to the grievance procedure.
SECTION 39: NEW EMPLOYEE ORIENTATION -AB119
City shall provide thirty (30) minutes at a mutually agreeable time during the employee
onboarding process for a RCMA representative to meet with a new RCMA covered
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employee and present benefits of being a member of the union. Onboarding of new
employees occurs during the first working day at the start of a new pay period up to
twenty-six (26) times per year. The City will provide a calendar before the start of a new
year. The City will provide RCMA with at least 10 days-notice, or as soon as practicable,
of onboarding of new RCMA covered employees. A RCMA representative will have up to
30 minutes of uninterrupted time to meet with new RCMA 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 RCMA representative. The City will provide
designated RCMA representatives with all available information about the employee as
required under AB119 within 30 days of the employees start date and the City will provide
information on all RCMA covered employees again as required by AB119 at least three
(3) times per year.
SECTION 40: USE OF CITY RESOURCES
RCMA may be granted permission to use any City facilities accessible to the general
public for meeting purposes, during the regular hours such space is accessible to the
public, provided space for such meetings can be made available without interfering with
City needs and is otherwise not reserved by any other groups or individuals. RCMA may
also be permitted to use the City Council Chambers, during regular business hours, for
RCMA meetings, provided the City Council Chambers is not otherwise reserved.
Permission to use City facilities must be obtained by RCMA from the appropriate
management representative. RCMA shall be held fully responsible for any damages to,
and the security of, any City facilities that are used by RCMA.
SECTION 41: ASSOCIATION RELEASE TIME
When RCMA is formally meeting and conferring with representatives of the City on
matters within the scope of representation during regular City business hours,a reasonable
number of Officers or other representatives of the RCMA shall be allowed reasonable
time off without loss of compensation or other benefits.
1. Such Officers and representatives shall not leave their duty or workstation or
assignment withoutthe knowledge of the department head ordivision manager.
2. Such meetings are subject to scheduling in a manner consistent with operating
needs and workschedules.
RCMA Officers or representatives shall be permitted, if requested by an RCMA
represented employee to attend an employee counseling session, which could result in
disciplinary action. Such officers or representatives shall also be permitted, if requested by
the Association employee, to be present at anemployee disciplinary session.
1. Such Officers or representatives shall not leave their duty or workstation or
assignment without the knowledge of the department head or division manager.
2. No more than one employee at a time shall be granted release time to represent
one employee.
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RCMA Officers or representatives of the Association shall be given reasonable time
during work hours to investigate and process specified grievances or complaints arising out
of the application of MOU or personnel rules, upon prior permission from their respective
department head or division manager.
During the term of the next MOU, RCMA Officers and representatives agree to traick their
Association release time via the payroll system. The City and RCMA agree to review this
usage to determine if limits need to be incorporated into a subsequent MOU.
SECTION 42: RELEASE FOR ALL HANDS MEETING
RCMA shall be allowed four (4) ninety (90) minute periods of release time for all hands
meetings per fiscal year, including travel time, during work hours. For the purposes of
labor negotiations with the City additional meetings may be requested and may be
granted by the Human Resources Director.
SECTION 43: LABOR MANAGEMENT COMMITTEE
The City and RCMA agree to implement quarterly labor/management committee (LMC)
meetings to discuss employee relations issues. The LMC will not be authorized to change
the MOU or to settle any grievance.
SECTIONS 44: PRIORITY OF MEMORANDUM OF UNDERSTANDING
This memorandum of understanding between the City and the Rancho Cucamonga
Management Association shall take precedent over the Personnel Rules adopted per
Resolution 13-065.
SECTION 45: ADOPTION OF MOU
This memorandum between the City and the Rancho Cucamonga Management
Association was adopted on June 2, 2020.
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City of Rancho Cucamonga: Rancho Cucamonga Management Association:
Date late
6
John R. Gilliso t e i telrath
City Manager p ty Director of Community Services
Lori Sassoon oah aniels
Deputy City Manager Finance Manager
r
Robert N iuber Albert Espin za
Human Resources Director Deputy Director of Public Works
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