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HomeMy WebLinkAbout2022-045 - Resolution • RESOLUTION NO. 2022-045 A RESOLUTION OF THE CITY COUNCIL O__F 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 two-year Memorandum of Understanding effective July 1, 2022, to June 30, 2024. 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. 2022-045— Page 1 of 2 PASSED, APPROVED, and ADOPTED this 4th day of May 2022. .c-f-)_-,— ne Kennedy, Ma -Pro Te ATTEST: aLe_ ca. dd nice C. Reynolds, Ci y Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 4th day of May 2022. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: None ABSTAINED: None Executed this 5th day of May, 2022, at Rancho Cucamonga, California. �2. e 442414— J ice C. Reynolds, City Clerk Resolution No. 2022-045- Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA MANAGEMENT ASSOCIATION 2022 - 2024 RESOLUTION NO. 2022-045 1 • • • 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 two (2) year period, ending June 30, 2024. A. Negotiations for Successor The City and RCMA agree that negotiations for the successor MOU will begin during the second full week in January 2024, which begins on Monday, January 8, 2024. 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: SALARY SURVEY The City shall conduces a salary survey of-labor market cities approximately six months before the start of new labor negotiations for the next MOU. SECTION 3: COST OF LIVING ADJUSTMENT Effective the first full pay period in July 2022, all RCMA covered employees shall receive a three percent (3%) cost of living adjustment. Effective the first full pay period in July 2023, all RCMA covered employees shall receive a two percent (2%) cost of living adjustment. A. Equity Adjustment Effective the second full pay period in July 2022, the following RCMA positions shall receive an equity adjustment to bring them closer to 5% of market: Deputy Directors 4% , Principal Planner 3% Senior Planner 3% Senior Civil Engineer 3% Senior Executive Assistant 4% Effective the second full pay period in June 2024, the following RCMA positions shall receive an equity adjustment to bring them closer to 5% of market: Deputy Directors 2% . 2 • SECTION 4: SALARY STRUCTURE All employees will be assigned to salary ranges which are no less than 20% (40 salary cod e-steps)-below the-control-point nd-no-mere-than 1-0%-(20-s-alary-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 5: PROFESSIONAL DEVELOPMENT PLAN AND MERIT INCREASE Annual performance review replaced with professional development plan and at least 2 ongoing coaching check-ins a year. The City will form a committee of all bargaining groups' who have agreed to change from an annual performance evaluation to an annual professional development plan effective July 1, 2022. The committee will review the form(s) and processes not defined here for employees and their supervisors to develop the annual plan. Training as well as handouts will be provided to employees and supervisors to assist with the professional development plan and yearly coaching conversations. The City will review the form(s) and process with this committee at least every three years to assure their usefulness for employees and supervisors. RCMA Employees on or starting a probationary period would be eligible to receive up to 5% through the term of their probationary period per the Personnel Rules and would then. be eligible for the merit increase in the next development plan cycle as long as the probationary period was completed before the end of November (ex. An employee whose probationary period ended in March through November would be eligible for the upcoming February increase, An employee whose probationary period ended December to February would have to wait for the following February for another increase). Each November, employees and their supervisors will work together to develop the Professional Development Plan which must be completed by the employee and supervisor by the end of the second full week in December of every year. Plan timeline: • First and Second Week of November— Employee fills out their"My Action Plan." • Third and Fourth week of November— Employees and Supervisors work together on the Plan, and Supervisors review the plans with their Managers or who their Department determine. • Remainder of November through second week of December - Supervisors finalize the Plan taking into account any input which their Supervisors provided and go over the Plan with the employee before submittal. Upon submission of the completed Plan in December (as outlined in the timeline above), employees not at top step are eligible for a merit increase of 3%, but no greater than top step. The change will be reflected in the first full pay period the following February. Employees at the top step of their salary range will be eligible 'to receive a stipend of $500.00, paid in conjunction with the check from the first full pay period in February. There is no retroactivity for Plans not timely submitted. Employees on a performance improvement plan as of December will not be eligible for a merit increase or stipend. The current performance evaluation system will end on June 30, 2022, with any increase from then on being part of this new once a year-system. 3 • If any employees below w top step have overdue evaluations as of June 30, 2022, they will automatically receive a 5% merit increase for any outstanding evaluation backdated to when the cvaluatien-was--due-- These-automatic-merit increases-cannot-exceed-top step-of-the employees, salary ranges. SECTION 6: MANAGEMENT BENEFITS Employees designated as Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees 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. C. Deferred Compensation - Four percent (4%) of base salary. 457_Plan - Effective--the_first--full_pay-_period_in_July_2022,_or_as_-soon-as possible_ thereafter, bargaining unit members may continue to contribute to the 457 plan however, the City will no longer match contributions. 401(a) Plan - Effective the first full pay period in July 2022, or as soon as possible thereafter, the City will match up to 2% of monthly base salary per month for any " bargaining unit member who contributes up to 2% 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 7: 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. Effective the second full pay period in December 2022, monthly amount will increase to $1,275. 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- 4 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-par ovetthe-m-a-ximum-pr-emium;a-nd-be-effective-forone-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 wish to waive coverage under a City-paid medical insurance plan, are eligible for this benefit and may opt out of medical insurance beginning January 2023, as long as they meet the ACA requirements stated in section C1 and C2. Employees eligible for this benefit shall receive$300 per month cash-in-lieu payment. To be eligible, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must sign an attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made, and the City will not in fact make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if conditions in this paragraph are not otherwise satisfied. 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. 5 SECTION 8: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from Gity--s-erviee at-or-beyond-age-55-with 10 consecutive-years-of-Gity-serviee-afthe-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,.-res.ulting_in termination_of_insuran_c-e cover_ag.e The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. SECTION. 9: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future 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, 6 contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. - — SEC-T-ION49:DENTALa-N-SURANOE ---The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit. SECTION 11: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees within the bargaining unit and elected officials. SECTION 12: FLEXIBLE SPENDING ACCOUNT PLAN UNDER SECTION 125 The City has established a flexible spending account plan managed by a third-party administrator that is open 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: 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 CaIPERS retirement plan commonly referred to as the 2.5% at age 55 retirement plan ("Tier 1" and "Tier 2"), or in the 2% at age 55 retirement plan ("Tier 3") and shall be provided the benefits as described below: A. Tier 1 - Employees Hired Before September 1, 2010 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation 1. Effective July 4, 2011, the City pays the normal eight percent (8%) CaIPERS member contribution per Resolution 11-063. 2. Effective 7/11/16, employees shall pay five percent (5%) of their PERSable compensation towards the CaIPERS 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 CaIPERS member contribution and employees shall pay three percent (3%) of their PERSable compensation towards the CaIPERS member contribution and two percent (2%) of their PERSable compensation towards the CaIPERS employer contribution. The City will adopt a resolution to reflect this change prior to the effective date. 7 • 4. Effective the first full pay period beginning in January of 2020, the City will pay three percent(3%)of the CaIPERS member contribution and employees shall pay five-per-cent(5%)-of their-PERSable-sompeesation-towar-ds-the-CalP-E-RS-member-- -- -- contribution. The City will adopt a resolution to reflect this change prior to the effective date. 5. Effective the first full pay period beginning in February 2023, the City will pay one percent (1%) of the CaIPERS member contribution and employees shall pay seven percent (7%) of their PERSable compensation towards the CaIPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date. 6. Effective the first full pay period beginning in February 2024, employees shall pay the full eight percent (8%) of their PERSable compensation towards the CaIPERS member contribution. This will eliminate EPMC, and 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 CaIPERS member contribution; employee pays one percentage point (1%) of the CaIPERS member contribution per Resolution 11-063. 2. Effective 7/11/16, employees shall pay four percent (4%) of their PERSable compensation towards the CaIPERS employer contribution and one percent (1%) of their PERSable compensation towards the CaIPERS member contribution per Resolution 15-090. 3. Effective the first full pay period beginning in January of 2019, the City will pay five percent (5%) of the CaIPERS member contribution, and employees shall pay three percent (3%) of their PERSable compensation towards the CaIPERS member contribution and two percent (2%) of their PERSable compensation towards the CaIPERS 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 CaIPERS member contribution, and employees shall pay five percent (5%) of their PERSable compensation towards the CaIPERS member contribution. The City will adopt a resolution to reflect to reflect this change prior to the effective date. 5. Effective the first full pay period beginning in February 2023, the City will pay one 8 percent (1%) of the CaIPERS member contribution, and employees shall pay seven percent (7%) of their PERSable compensation towards the CaIPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date. - 6. Effective the first full pay period beginning in February 2024, employees shall pay eight percent (8%) of their PERSable compensation towards the CaIPERS member contribution. This will eliminate EPMC, and the City will adopt a resolution to reflect this change prior to the effective date. C. Tier 3 - Employees Hired on or After July 4, 2011 § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Yr Final Compensation 1. Effective July 4, 2011, the City pays six percent(6%)of the normal CaIPERS member contribution; employee pays one percentage point (1%) of the CaIPERS member contribution per Resolution 11-063. - ------2:--Effective 7/11/16, employees-shall- pay-four--percent---(-4%-i)-of--their---PERSable compensation towards the CaIPERS employer contribution for a total of one percent (1%) of the CaIPERS member contribution and four percent (4%) of the 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 CaIPERS member contribution and employees shall pay three percent (3%) of their PERSable compensation towards the CaIPERS member contribution and two percent (2%) of their PERSable compensation towards the CaIPERS 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 CaIPERS member contribution and employees pay five percent (5%) of their PERSable compensation towards the CaIPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date. 5. Effective the first full pay period- beginning in February 2023, employees will pay seven percent(7%) of their PERSable compensation towards the CaIPERS member contribution. This will eliminate EPMC, and 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). 9 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-57-14)(1-XF-)-as-Value-of-Employer-Paid-Member-Contr-ibutions. The parties also agree that the City has no additional obligation or costs should CaIPERS, the State or the IRS determine otherwise. The City adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). There shall be no sunset date to any provision in Section 13. 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%, orthe 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 at60, depending upon the employee's hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56; have ten (10) years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition to any CaIPERS benefits to which they are entitled. H. Employer Paid Member Contribution (EPMC) 1. Effective July 4, 2011: 10 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-ef-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 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 11 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. 4. Effective the first full pay period in February 2023: This benefit shall consist of paying 1% 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 1% 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 be reduced to 0%, eliminating EPMC for employees hired on or after July 4, 2011. 5. Effective the first full pay period in February 2024, this benefit shall end. Payment of EPMC and reporting the value of EPMC on compensation earnable is on_payrate 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 14: BEREAVEMENT LEAVE When a death occurs in the family of a full-time employee, the employee shall be granted up to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, son-in-law, daughter-in-law, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse ordomestic partner's grandparents,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 shall approve such bereavement leave. (References to domestic partner referto registered domestic partners, as defined by California Family Code Section 297.) Effective the first full pay period in July 2022, employees are eligible for an additional 40 hours of bereavement leave in addition to the currently provided 80 hours when the bereavement leave is related to the employee's spouse or domestic partner, employee's parents, employee's children, son-in-law, daughter-in-law, or employee's siblings, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's children, or a blood relative residing with the employee. The parties agree to review any usage concerns in January 2023. 12 SECTION 15: 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,112 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 16: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Length of Service Hours Annual in Years Accrued Per Hours 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 1309 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 17: VACATION CAP • Vacation shall be capped at 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 18: 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 13 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_amo.unt_of.-hours__ they want paid out in June/July and in December. Regardless of the number of hours requested to be cashed out-at—dither 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 19: VACATION ACCRUAL Effective the first full pay period in July 2022, the City Manager may provide an accrual rate for new Management employees up to the equivalent of a ten-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 20: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave accrual (10 hours/month) begins on the first day of employment 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 Obtain medical attention or psychological counseling; services from a shelter; program 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). 14 (b) Obtain medical attention or psychological counseling, services from shelter, program --.--- .- -. or crisis center;.or-participate-in-safety-planning-or-other actions to increase safety. - 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 21: SICK LEAVE BUYBACK AND EARLY RETIREMENT NOTIFICATION INCENTIVE Effective the first full pay period in July 2022, if employees within the bargaining unit terminate their City employment after 5 years of continuous service, the City will buyback 130 hours of sick time if they provide at least two weeks' written notice of their intent to separate. Effective th first full pay peno ri—J y 2022, if employees provide early no if ficafion oftheir intent to retire from the City, the City will pay employees for additional accrued sick leave hours in accordance with the schedule below. Notification must be given in writing to Human Resources in the form of an irrevocable letter of resignation with intent to retire: Notification of at least twelve 100 hours additional sick leave buyback** months (365 calendar days*) Notification of at least six months 75 hours additional sick leave buyback (180 calendar days*) Notification of at least four months 50 hours additional sick leave buyback (120 calendar days*) Notification of at least two months 20 hours additional sick leave buyback (60 calendar days*) *Employees must have leave available in order to be eligible for the additional buyback. Use of vacation and management leave during the time between the notification and the employee's retirement date will not be counted toward the required notification periods in the schedule above. **Employees retiring at the end of December 2022 can qualify for this benefit if they give the City notice within one (1) pay period of City Council adoption of the MOU. 15 SECTION 22: HOLIDAYS , The City Offices shall observe the following 14 holidays. All full time continuous salaried employees shah-be compensated at their regular rate for these days. (1) July 4 Independence Day (2) First Monday of September Labor Day (3) November 11 Veteran's Day (4) Fourth Thursday of November Thanksgiving Day (5) Day Following Thanksgiving Floater (6) December 24 Day preceding Christmas (7) December 25 Christmas Day (8) January 1 New Year's Day (9) Third Monday of January Martin Luther King's Birthday (10) Third Monday of February President's Day (11) Last Monday of May Memorial Day (12) Three discretionary days may be taken by an employee at his/her convenience subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday-shall-be observed as-the holiday.-When-aThhoiiday 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 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 23: HOLIDAY TIME The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation 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. 16 SECTION 24: HOLIDAY FACILITY CLOSURE During the term of this MOU, there will be Holiday Facility Closures, certain City facilities may close in conjunction withthe Christmas and"NewYear's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. The City will strive to provide a schedule of Holiday Facility Closures at least six months or more in advance of the closure. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, compensatory time, vacation accruals, or use unpaid leave. When holiday closures are implemented by the City, Section 22's provision regarding consecutive holidays shall not apply. SECTION 25: 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 26: NATAL AND 'ADOPTION LEAVE WITH PAY Effective the first full pay period in July 2022, employees within the bargaining unit are granted up to 120 hours of natal and adoption leave with pay for the birth or adoption of a child, however, use of the 120 paid hours does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 120 hours must be charged to sick leave, vacation, compensatory or floating holiday time. SECTION 27: WORKERS COMPENSATION LEAVE Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three 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 underState lawwith 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. 17 SECTION 28: MILITARY LEAVE Employees required to serve military, leave will be compensated pursuant to the Military and-Veterans-Code..—To qualify for compeer sat-io-rr,-the-rnititary-ord-ers-must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 29: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 30: 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 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 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 18 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 quality 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 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) 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: 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: 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. 19 SECTION 34: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS The City may pay the cost of training and certificate programs, up to $10,000, for individua employees that are not required to maihtainitheir positions, with the goal of providing additional development opportunities for employees. Employees can request that the City pay the cost of such training and certifications. The Department Director and /or Deputy City Manager, with the approval of the City Manager, may approve these requests, subject to budget availability. If an employee requests participation in a training or certificate program with a registration cost of$2,000 or more, the employee will be required to repay the cost of that training or certificate if they leave City employment within 4 years of the registration for that program. One-quarter of the amount owed is forgiven each year. The employee must sign an agreement indicating that any outstanding amount can be deducted from their final paycheck upon separation if any outstanding amount is due at separation. This benefit does not pertain to professional conferences related to an employee's ongoing continuous learning, which are routinely budgeted within a department's budget. SECTION 35: TEAM RC WORK APPAREL _.... _The_City_will4r_ovide_all_bar_gaining_.unit_me.mbers a Team RC_shirt_at..least_orice_peLfiscal__..____�_� year at a cost not to exceed $50. SECTION 36: CARPOOL PROGRAM The City has implemented a well-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to 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 37: 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 38: DIRECT DEPOSIT All new bargaining unit members are required to enroll in direct deposit. Vacation buy backs can be by paper check. 20 SECTION 39: CONFIDENTIAL EMPLOYEES The City will provide RCMA with a list of specific Confidential Employees whose positions are covered by the Management Employees' bargaining unit. I hese 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 40: USE OF BULLETIN BOARDS AND CITY EMAIL SYSTEM The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist, for RCMA notices. Such space will be no less than 18" x 24". If insufficient bulletin board space exists in a Bargaining Unit work or break area,the RCMA may, after receiving approval in writing from the City, put up a bulletin board not to exceed 18" x 24" depending on available space. RCMA may also distribute notices to covered employees through the City's email system. Bulletin boards and emails shall only be used for the following notices: • Scheduled RCMA meetings, agenda and minutes. • Information on RCMA elections and 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 21 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 41: 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 a mutually agr_eeable time_for_access to_the employee.._RCMA_Labor.Relations_Represe.ntatives_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 42: 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 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 43: USE OF CITY RESOURCES RCMA may be granted permission to use any City facilities accessible to the general 22 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 44: 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 without the knowledge of the department head ordivision manager. 2. Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 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 an employee disciplinary session. 1 . Such Officers or representatives shall not leave their duty or workstation or assignment without the knowledge of the department head ordivision manager. 2. No more than one employee at a time shall be granted release time to represent one employee. RCMA Officers or representatives of the Association shall be given reasonable time during work hours to investigate,and process specified grievances orcomplaints arising out of the application of MOU or personnel rules, upon prior permission from their respective department head or division manager. During the term of the next MOU, RCMA Officers and representatives agree to track their Association release time via the payroll system. The City and RCMA agree to review this usage to determine if limits need to be incorporated into a subsequent MOU. SECTION 45: 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 23 granted by the Human Resources Director. SECTION 46: LABOR MANAGEMENT COMMITTEE The City and RCMA agree to implement quarterly labor/management committee (LMC) meetings to discuss employee relations issues. The LMC will not be authorized to change the MOU or to settle any grievance. SECTION 47: 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 48: ADOPTION OF MOU This memorandum between the City and the Rancho Cucamonga Management Association was adopted on May 9, 2022. City of Rancho Cucamonga: Rancho Cucamonga Management Association: Date Ma114, 2O 2 2 Da e: • 'ia Cil John R. Gillison Tr" i- Di elr: City Manager 3ep ty Director of Community Services (i/ Lori Sassoon Albert Espinoza Deputy City Manager Deputy Director of Public Works /MAVAll Robert eiuber eather Bolton Human Resources Director Animal Center ager Xi/A Noah Daniels Mike Smith Finance Director Principal Planner 24