HomeMy WebLinkAboutGeneral, Supervisory Professional and Management Group MOU 2022-2024 E ORANDU OF UNDERSTANDING
CITY OF RANCHO CUCA ONGA
AND
RANCHO CUCAMONGA CI E PLOYEES ASSOCIATION
REPRESENTING THE SUPERVISORY PROFESSIONAL AND GENERAL
E PLOYEES BARGAINING UNITS
July 1, 2022— December 31, 2024
RESOLUTION 2022-091
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OFRANCHO CUCAMONGA, CALIFORNIA AND
RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA)
SECTION 1: EFFECTIVE DATE
The provisions of this MOU are effective July 1, 2022 and shall continue for a thirty (30)
month period, ending December 31, 2024.
A. NEGOTIATIONS FOR SUCCESSOR MOU
• The City and RCCEA agree that negotiations for the successor MOU will begin
during the second full week in July 2023, which begins on Monday, July 17, 2023.
The City and RCCEA 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.
RCCEA 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 conduct 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 of July 2022, all RCCEA covered employees shall receive
a three percent (3%) cost of living adjustment.
Effective the first full pay period of July 2023, all RCCEA covered employees shall receive
a two- and one-half percent (2.5°/0) cost of living adjustment.
SECTION 4: EQUITY ADJUSTMENT
Effective the second full pay period in June 2023, the following RCCEA positions shall
receive an equity adjustment to bring them closer to 5% of market:
• Animal Services Supervisor— 7%
• Human Resources Technician — 6%
SECTION 5: 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.
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SECTION 6: PROFESSIONAL DEVELOPMENT PLAN AND MERIT INCREASE
The annual performance review shall be replaced with a professional development plan
and at least two (2) coaching check-ins per year.
The City will form a committee of all bargaining groups who have agreed to change
from an annual performance review to an annual professional development plan
effective July 1, 2022. The committee will review the form(s) and processes not defined
in this MOU for members and their supervisors to develop the annual professional
development plan. Training and sample forms will be provided to employees and
supervisors to assist with the professional development plan and coaching check-ins.
The City will review the form(s) and process with this committee at least every three (3)
years to assure their usefulness for employees and supervisors.
RCCEA covered employees on or starting a probationary period will be eligible receive
up to five percent (5%) through the term of their probationary period per the City's
Personnel Rules and Regulations, and would then be eligible for a merit increase in the
next professional development plan cycle as long as the probationary period was
completed before the end of November (e.g., an employee whose probationary period
ends during the months of March through November would be eligible for the February
increase; an employee whose probationary period ends during the months of
December through February would not be eligible for an additional increase until the
February of the following year).
In November of each year, employees and their supervisors will work together to
develop the employee's Professional Development Plan. The plan must be completed
by the employee and the supervisor by the end of the second week of December each
year.
Sample Professional Development Plan Timeline:
• First and Second week of November — Employee completes "My Action
Plan".
• Third and Fourth week of November — Employee and supervisor work
together on the Plan, and supervisor reviews the plan with their manager
(as determined by the department).
• Remainder of November through the second week of December —
Supervisor finalizes the employee's Professional Development Plan
taking into account the input of the departmental review. Supervisor goes
over the Professional Development Plan with the employee prior to
submittal.
Upon submission of the completed Professional Development Plan in December (as
outlined in the timeline above), employees who are not at top step will receive a merit
increase of five percent (5%), but no greater than top step, which will be reflected in the
first full pay period the following February.
There shall be no retroactivity for Professional Development Plans where the employee
portion is not timely submitted to the supervisor by the end of the second week of
November. If, due to unforeseen circumstances, the employee is unable to submit the
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Professional Development Plan by the end of the second week of November, the City
agrees to provide additional time and/or resources as necessary.
Employees on a Performance Improvement Plan (PIP) as of December will not be
eligible for a merit increase. All Performance Improvement Plans will be reviewed in
November.
The existing performance review system will end on June 30, 2022, any scheduled
merit increases following June 30, 2022, will be processed according to the new once
a year Performance Development Plan cycle.
Employees below top step that have overdue evaluations as of June 30, 2022, will
automatically receive a five percent (5%) merit increase for any outstanding
evaluation(s) backdated to when the evaluation was due. The City will do its best to
distribute any pay resulting from outstanding evaluations by the end of September
2022. The increases for outstanding evaluations shall not exceed top step of the
employee's salary range.
SECTION 7: SUPERVISORY PROFESSIONAL BENEFITS
Employees designated as Supervisory Professional are noteligible 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 - Fifty (50) hours per fiscal year. Days off must be
approved by appropriate supervisor.
B. Life Insurance -Additional life insurance in the amount of $20,000 (total
$50,000
C. Deferred Compensation - Two percent (2%) of base salary.
SECTION 8: LIFE INSURANCE
The City provides$30,000 base coverage of life insurance for all employees. Employees
who want to purchase additional life insurance coverage with personal funds may do so
at the City's group rate.
SECTION 9: HEALTH INSURANCE
A. LEVEL OF BENEFIT
The City shall provide employee and family health insurance for all existing full-time
continuous salaried employees within the bargaining group subject to limitation that
no such monthly funding by the City shall exceed:
$1,175 per month
$1,250 per month effective the last full pay period in December 2022.
$1,325 per month effective the last full pay period in December 2023.
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$1,375 per month effective the last full pay period in December 2024
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
Effective the first full pay period in January 2023, employees may opt out of medical
insurance and receive a $300 per month cash in lieu payment if they meet the
eligibility requirements. 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 during 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 City Employee 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
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coverage.
SECTION 10: RETIREE MEDICAL
Subject to the conditions stated below, effective upon a service or disability retirement from
City service at or beyond age 55 with 10 consecutive years of City service at the time of
retirement, retirees shall be eligible to 100% personally fund, without any City contribution,
participation in a group health insurance program(s) which is making group health
insurance available to the City's retirees.
It is agreed and acknowledged by the parties to this MOU that no representation is or can be
made by the City, that such group retiree health insurance is available, or if available, will
remain available for any specific future period of time.
If no such group health insurance is reasonably available, or if the private carrier(s)
terminates such coverage as to the retiree group or any individual group member, the City
shall have no obligation/duty to self-fund or otherwise provide insurance or replacement
insurance.
All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The
City shall advance and submit the necessary premiums to the carrier(s), subject to the
retiree reimbursing the City not later than 30 calendar days after City payment of the
premium. Failure to timely reimburse the City shall result in no further premium payments
being made by the City, resulting in termination of insurance coverage.
The City's duty to advance said premiums shall terminate at age 65 of the retiree,
regardless of whether or not the retiree is eligible for Medicare. City shall advise the group
carrier of the insured's status as a retiree. Coverage eligibility shall then be solely
determined by the group insurance carrier(s).
It is likely that premium rates for retirees and/or dependents shall be greater than rates for
employees. Regardless, retirees shall pay 100% of said rates.
If at any time, it is determined by any group health insurance carrier that the City is
prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree
enrollment in said group insurance plan shall immediately terminate upon rendering of the
insurance carrier's decision. In such case, no retiree shall seek reimbursement from the
City for any prior premiums paid by the retiree to the City as and for premium
reimbursement.
SECTION 11: 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
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§ 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 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 CalPERS member contribution and employees shall pay three
percent (3%) of their PERSable compensation towards the CalPERS member
contribution and two percent (2°/0) of their PERSable compensation towards the
CaIPERS employer contribution per Resolution 18-130.
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 CalPERS member
contribution per Resolution 19-113.
5. Effective March 14, 2022, the City will pay two percent (2%) of the CaIPERS
member contribution and employees shall pay six percent (6%) of their PERSable
compensation towards the CaIPERS member contribution per Resolution 22-028.
6. Effective the first full pay period beginning in July of 2022, employees shall pay
the full eight percent (8%) of their PERSable compensation towards the CaIPERS
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 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.
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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 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 CalPERS employer contribution per Resolution 18-130.
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 per Resolution 19-113.
5. Effective March 14, 2022, the City will pay two percent (2%) of the CaIPERS
member contribution and employees shall pay six percent (6%) of their
PERSable compensation towards the CaIPERS member contribution per
Resolution 22-028,
6. Effective the first full pay period beginning in July of 2022, employees shall pay
the full eight percent (8%) of their PERSable compensation towards the CaIPERS
member contribution. The City will adopt a resolution to reflect this change prior
to the effective date.
C. Tier 3 — Employees Hired on or After July 4, 2011
§ 21354 2% @ 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Yr Final Compensation
1. Effective July 4, 2011, the City pays six percent (6%) of the normal CalPERS
member contribution; employee pays one percentage point (1%) of the CaIPERS
member contribution per Resolution 11-063.
2. Effective 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 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 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 CaIPERS employer contribution per Resolution 18-130.
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 per Resolution 19-113.
5. Effective March 14, 2022, the City will pay one percent (1%) of the CalPERS
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member contribution and employees shall pay six percent (6%) of their
PERSable compensation towards the CaIPERS member contribution per
Resolution 22-028.
6. Effective the first full pay period beginning in July of 2022, employees shall pay
the full 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.
D. It is understood that all contributions paid by the employee as described in Parts A
through C above shall be calculated based upon the full base salary of the employee,
plus any additional PERSable compensation, and any Employer Paid Member
Contributions (EPMC).
E. The City pays EPMC for the various "Tiers" as outlined above and reports the value of
EPMC payments as special compensation. The parties agree that to the extent
permitted by law, this is special compensation and shall be reported as such pursuant
to Title 2 COAT 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
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 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%,
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
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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 (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 eight percent (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 seven percent (7%) 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 September 1, 2010.
This benefit shall consist of paying six percent (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 eamable.
2. Effective the first full pay period in January of 2019:
This benefit shall consist of paying five percent (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 five percent (5%) of the normal contributions as
EPMC and reporting the same percent (value) of compensation eamable
(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 four percent (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.
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3. Effective the first full pay period in January of 2020:
This benefit shall consist of paying three percent (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 three percent (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 two percent (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.
4. Effective March 14, 2022:
This benefit shall consist of paying two percent (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 prior to September 1, 2010.
This benefit shall consist of paying two percent (2%) of the normal contributions as
EPMC and reporting the same percent (value) of compensation eamable
(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 one percent (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 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.
5. Effective the first full pay period beginning in July 2022, this benefit will be reduced
to zero percent (0°/0), eliminating EPMC for all tiers within the bargaining unit.
SECTION 12: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA)
The City has established a Voluntary Employee Benefit Association (VEBA) through the
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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 13: DEFERRED COMPENSATION
Effective the first full pay period in July, or as soon as possible thereafter, the City will
match dollar for dollar up to $50 per month and l'k of monthly base salary per month
in a 401(a) deferred compensation account for any RCCEA covered employee who
pays up to $50 and 1% of monthly base salary into a 401(a) deferred compensation
account through payroll deductions.
Effective the first full pay period in July 2021, Deferred Compensation participation for
new bargaining unit members shall be automatic with an opt-out provision for new
members. The contribution made by the employee through automatic enrollment will
be capped at maximum contribution of $50 per month.
These provisions are in addition to any other deferred compensation provisions in this
MOU.
SECTION 14: 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 15: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried
employees within the bargaining unit.
SECTION 16: 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 17: 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
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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 refer to registered
domestic partners, as defined by California Family Code Section 297.)
Employees are eligible for an additional forty (40) hours of bereavement leave, in addition
to the currently provided eighty (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.
SECTION 18: 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 19: 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 20: VACATION CAP
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.
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SECTION 21: 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 buyback shall occur twice annually, in June (between the
last payday in June and the first payday in July) and November (between the last payday in
November and the first payday in December), and the employee must indicate the total
amount brhours they want paid out in June and in November: Regardless of the number of
hours 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 22: VACATION ACCRUAL
City Manager may provide an accrual rate for new employees up to the equivalent of a ten-
year employee upon hire. This is important as many experienced candidates have a
significant time in the public sector and might have to begin at a much lower accrual rate
than they receive at their current agency.
SECTION 23: 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 a victim of domestic
14
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.
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 submits to Human Resources a physician's certification
to support the absence.
SECTION 24: SICK LEAVE BUYBACK AND EARLY RETIREMENT NOTIFICATION
INCENTIVE
Effective the first full pay period in July 2022, if employees within the bargaining unit separate
their city employment after five (5) years of continuous service, the City will buyback 130
hours of sick leave so long as the employee provides at least two weeks' written notice of
their intent to separate.
Effective the first full pay period in July 2022, if employees within the bargaining unit provide
early notification of their intent to retire from City service, the City will pay the employee for
additional accrued sick leave hours in accordance with the schedule below. Notification must
be submitted in writing to the Human Resources Department in the form of an irrevocable
letter of resignation with intent to retire.
• Notification of at least six (6) months (180 calendar days) shall be eligible for seventy-
five (75) hours of additional sick leave buyback.
• Notification of at least four (4) months (120 calendar days) shall be eligible for fifty
(50) hours of additional sick leave buyback.
• Notification of at least two (2) months (60 calendar days) shall be eligible for twenty
(20) hours of additional sick leave buyback.
*Employees must have leave available in order to be eligible for the additional buyback. Use
of vacation and/or 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.
15
SECTION 25: HOLIDAYS
The City Offices shall observe the following 14 holidays. All full time continuous salaried
employees shall be compensated at their regular rate for these days.
(I) July 4 Independence Day
(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
((i) 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
(18) Third Monday of February President's Day
(II) 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
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 26: 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
16
one-half abrogates the employee's right to that holiday.
SECTION 27: PREMIUM HOLIDAY COMPENSATION
Maintenance employees in the bargaining unit required as part of the regular work
assignment to work on Christmas Day, New Year's Day, Independence Day, or
Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these
employees who work on the aforementioned designated holidays may select to receive
compensation on that holiday at time and one-half for the ten-hour shift or take a second
holiday as time off at a later date.
SECTION 28: HOLIDAY FACILITY CLOSURE
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,
section2l's provisions regarding consecutive holidays shall not apply.
SECTION 29: 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 30: NATAL AND ADOPTION LEAVE WITH PAY
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 or additional state and federal laws. Any
paid time required beyond this initial 120 hours must be charged to sick leave, vacation,
compensatory or floating holiday time.
SECTION 31: 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
17
from accrued sick leave benefits. The City's obligation for such payments shall commence
on the first (1st) day of such disability absence. In the event the employee's disability
absence should exceed three months, an employee shall be allowed to supplement the
Workers Compensation benefit received under State law with available accrued sick
leave, accrued vacation leave or accrued compensatory time. The total number of leave
hours, along with the Workers Compensation benefit, shall not exceed the employee's
base pay for each day of the leave. For this purpose, accrued leave hours can only be
used in one-hour increments.
SECTION 32: 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 33: MILITARY SERVICE BUYBACK
Employees have the option for military service buy back at the employee's expense.
SECTION 34: OVERTIME
For the purposes of overtime calculations only hours worked, vacation leave, holiday
leave, and comp time shall be considered hours worked. Use of sick leave does not
count towards hours worked for the purposes of determining overtime. Overtime is
compensated at 1.5 times the employee's Fair Labor Standards Act (FLSA) rate of pay.
Only hours worked as defined here shall be considered for the purpose of calculating
the FLSA pay.
A. Maintenance (Non-Teamsters)
The City agrees that employees who are sent home to rest and to be available to
work additional hours as a result of a storm or impending emergency situation and
are not subsequently recalled to work, will be compensated for the hours not worked
in that shift, due to them having been sent home, to bring the total hours to 8 or 10
worked in that shift depending on their regularschedule.
Employees who are subsequently recalled to work the storm or an emergency
situation will work no more than 12 consecutive hours. Any hours worked in excess of
8 or 10 in that 12-hour shift depending on their regular schedule will be paid at time and
one-half, regardless of the total numbers of compensated hours for that workweek.
SECTION 35: COMPENSATORY TIME
An employee that works overtime may decide to accrue compensatory time off (CTO) at 1.5
times the number of overtime hours worked instead of receiving immediate payment for
overtime worked. The maximum CTO that an employee may accrue is 240 hours. Once an
employee reaches that accrual cap, all additional overtime worked shall be paid. Employees
may use CTO as time off, subject to supervisor approval. Supervisor shall not unreasonably
18
withhold approval for use of accrued CTO, and the need to replace the employee using CTO
with another employee on overtime shall not be the basis for denying a requested use of
CTO.
SECTION 36: CALL BACK PAY (NON-EXEMPT)
If an employee is required to be called back to work after completing his or her normal shift
or after having left City premises or the employee's work location, the employee shall be
compensated at the rate for each hour worked on call back with a minimum of two (2) hours
call back compensation at the appropriate rate, regardless of whether the employee actually
works less than two (2) hours. The time starts when the call back call is received by the
employee. Employees must arrive at the worksite and perform the work required in order to
receive callback pay. When an employee is called on his/her day off or after hours for work
purposes, the employee shall be compensated at the appropriate rate of pay or in comp
time if applicable for the actual time worked, rounded to the nearest quarter hour (.25).
SECTION 37: ON CALL PAY
Employees required to be on call shall be compensated at the rate of$200.00 per week.
SECTION 38: 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 39: SAFETY FOOTWEAR AND UNIFORMS
A. Safety Footwear
The City will provide up to $350.00 annually toward the purchase of safety footwear
at a city designated vendor for employees required to wear safety footwear in the
performance of their job duties. The current classification of employees who may
be required to wear safety footwear are Animal License Canvasser, Animal Services
Officer I & II, Assistant Engineer, Building Inspector, Building Inspector Supervisor,
Business License Technician, Community Improvement Officer I & II, Community
Improvement Supervisor, Environmental Programs Coordinator, Environmental
Programs Inspector, Fleet Supervisor, Maintenance Supervisor, Public Works
Inspector, Public Works Inspector I, Public Works Inspector II, Safety Coordinator,
Senior Animal Services Officer, Senior Building Inspector, Senior Electrician, and
Supervising Public Works Inspector.
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Effective the first full pay period in July 2021 , this allowance would permit the use
of the allowance for the purchase of both shoes and accessories.
B. Uniforms
The City may provide uniforms (including shirts) and/or maintenance of uniforms for
the following positions: Animal Care Attendant, Animal Caretaker, Animal Care
Supervisor, Animal Handler, Animal License Canvasser, Animal Services
Dispatcher, Animal Services Officer I & II, Building Inspector, Business License
Technician, Community Improvement Officer I & II, Fleet Supervisor, Maintenance
Supervisor, Administrative Assistant (Animal Care & Services), Senior Building
Inspector, Senior Electrician, Theatre Production Supervisor, and Theatre
Technician Ill.
The City will provide 4-5 shirts per year for positions required to wear City shirts:
Community Improvement Officers (Senior I &II), Business License Technicians,
Building Inspectors (I & II) and Technicians, Public Works Inspectors (I & II).
The City reports CaIPERS on an annual basis the actual value of compensation paid or the
monetary value for the purchase, rental and/or maintenance of required clothing for RCCEA
covered CaIPERS' Classic Members. The parties analyzed the value and determined it
shall not exceed $580.00 per fiscal year. The parties agree that to the extent permitted by
law, this is special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571 (a)(5) Statutory Items. The parties also agree that the City has no additional
obligation or costs should CaIPERS, the State or the IRS determine otherwise.
SECTION 40: TEAM RC WORK APPAREL
The City will provide bargaining unit members with one Team RC shirt per fiscal year at a
cost not to exceed $50.
SECTION 41: 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 three thousand three hundred dollars ($3,300.00)
during any fiscal year.
Eligibility for said reimbursement in an amount not to exceed $3,300.00 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
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documentation prepared by the accredited/licensed college or university which
evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As
regards each class for which reimbursement is sought (where an employee is
simultaneously enrolled in multiple approved classes and does not receive a "C" or
"pass" in any one or more of such classes, the amount of expenses subject to City's
reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no
reimbursement being made for expenses related to classes where the minimal
grade was not received).
C. Eligibility for reimbursement for said expenses shall be confined to either: 1)those
courses that in and of themselves .consist of curriculum which is predominately .
related to the development of skills reasonably anticipated by the City to enhance
the applicant's job performance (by means of a non-inclusive example only, art
classes would not qualify for reimbursement); or 2) where the employee has
declared a major that is job-related as set forth in this section C, to those classes
which must be completed as a condition precedent to successful completion of the
course of study in the selected major.
D. Eligibility for reimbursement upon completion of coursework shall be predicated
upon the employee's department head or his designee, making a written
determination prior to the affected employee's enrollment in the course(s) for which
reimbursement is later sought, that the coursework is offered by an accredited
college or university and that the above-described job nexus does exist. The
determination of the Department Head or his designee in such regards shall be final.
E. The costs which shall be subject to reimbursement are limited to the following: 1)
tuition, 2) books, 3) supplies, 4) parking, and 5) laboratory. In addition to all other
conditions precedent to reimbursement set forth in this section, prior to
reimbursement being approved, written receipts shall be provided to the Personnel
Department and shall evidence each expenditure for which reimbursement is
sought.
SECTION 42: 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.
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SECTION 43: 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 44: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS
With the goal of providing additional development opportunities to employees, the City may
pay for the cost of training and certificate programs that are not specifically required to
maintain the employee's position, up to a maximum of$10,000.
Employees may request that the City pay the cost of such trainings 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 said training or
certificate program if they leave City employment within four (4) years of the registration for
that program. One-quarter of the amount owed shall be forgiven each fiscal year. Employees
participating in this program must sign an agreement indicating that any outstanding amount
can be deducted from their final paycheck upon separation. 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 including within the department's budget.
SECTION 45: 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 46: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buy back
and comp time payouts can be by paper check.
SECTION 47: 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
22
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 48: CONFIDENTIAL EMPLOYEES
The City will provide RCCEA with a list of specific Confidential Employees whose positions are
covered by the Supervisory/Professional or General Employees' bargaining units. 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 RCCEA.
Confidential Employees may be employed in some of the following positions (this list is not
exhaustive):
Account Technician Management Analyst Series
Administrative Assistant Payroll Supervisor
Administrative Technician Risk Analyst
Budget Analyst Risk Management Coordinator
Executive Assistant I Senior Account Technician
Executive Assistant II Senior Accountant
Human Resources Technician Senior Risk Management Analyst
Human Resources Business Partner
SECTION 49: 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 RCCEA 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 RCCEA may, after receiving approval in writing from the City, put
up a bulletin board not to exceed 18" x 24" depending on available space. RCCEA 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 RCCEA meetings, agenda and minutes.
• Information on RCCEA elections and the results.
• Information regarding RCCEA social, recreational, and related news bulletins.
• Reports of official business of RCCEA, including negotiations, reports of
committees or the Board of Directors.
City equipment (including City computers, laptops, and tablets), materials, or supplies shall
23
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 RCCEA. RCCEA agrees to follow the City's E-Mail Policy when
sending emails to City employees. RCCEA 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 50: 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 RCCEA to confer with Bargaining Unit employees during working hours. Therefore, RCCEA
Labor Relations Representatives, Officers or representatives will be granted access to work
locations during regular working hours to investigate and process grievances or appeals.
RCCEA 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 agreeable time for access to the
employee. RCCEA 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 RCCEA's
access right to work locations and any reasonable denial of access shall not be subject to
the grievance procedure.
SECTION 51: DUES DEDUCTIONS
RCCEA membership dues shall be deducted by the City from the pay warrant of RCCEA
employee per the direction of RCCEA. Remittance of the aggregate amount of all
membership dues deducted from the pay warrants of employees covered hereby shall be
made to an RCCEA account, provided to the City by RCCEA, on a regular basis consistent
with the City's regular pay periods. RCCEA dues shall be deducted in an amount per bi-
weekly pay period authorized by the RCCEA Board of Directors.
A. Separation from Unit
The provisions of this Agreement shall not apply during periods that an employee is in
out of paid status for more than thirty (30) days. If an employee is paid for a prior out of
paid status his/her representational dues shall be deducted and paid to the Association.
B. Forfeiture of Deductions
24
If the balance of the employee's wages, after all other involuntary and insurance
premium deductions are made in any one pay period, is not sufficient to pay deductions
required by this Agreement, no such deduction shall be made for that period.
C. Maintenance of Membership Clause
Any employee in this unit who has authorized Association dues deductions on the
effective date of this memorandum of understanding or at any time subsequent to the
effective date of his memorandum of understanding shall continue to have such
deductions made by the City until such time that the Association notifies the City to stop
collecting dues; provided however, that any employee in the unit may terminate such
association dues during the month of November by notifying any association official in
writing of his/her termination of Association from which dues deductions are to be
canceled. Such notification shall be delivered in person or by U.S mail and should be
in the form of a letter containing the following information: employee name, employee
number, job classification, department name and name of the Association (Rancho
Cucamonga City Employees Association — RCCEA). The association will provide the
City's Human Resources Department with the appropriate documentation to process
these dues cancellations within ten (10) business days after the close of the withdrawal
period. RCCEA shall hold the City harmless for any and all claims, demands, suits,
orders,judgements, or other forms of liability that may arise out of or by reason of action
taken by the City under this article.
The Association shall defend, indemnify and hold harmless against any and all claims,
demands, suits, orders, judgements or other forms of liability that shall arise out of or by
reason of, action taken or not taken by the City under this section of the MOU. This includes
not only City's reasonable attorney's fees and costs but the reasonable cost of management
preparation time as well. The City shall notify the Association of such costs on a case-by-
case basis.
SECTION 52: NEW EMPLOYEE ORIENTATION — AB119
The City shall provide thirty (30) minutes at a mutually agreeable time during the employee
onboarding process for a RCCEA representative to meet with a new RCCEA 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 RCCEA with at least ten (10) days-notice, or as soon as practical, of
onboarding of new RCCEA covered employees. A RCCEA representative will have up to
thirty (30) minutes of uninterrupted time to meet with new RCCEA 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 RCCEA representative. The City will provide
designated RCCEA representatives with all available information about the employee as
required under AB119 within thirty (30) days of the employees start date and the City will
provide information on all RCCEA covered employees again as required by AB119 at least
three (3) times per year.
25
SECTION 53: USE OF CITY RESOURCES
RCCEA 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. RCCEA may also be
permitted to use the City Council Chambers, during regular business hours, for RCCEA
meetings, provided the City Council Chambers is not otherwise reserved. Permission to use
City facilities must be obtained by RCCEA from the appropriate management
representative. RCCEA shall be held fully responsible for any damages to, and the security
of, any City facilities that are used by RCCEA. .
SECTION 54: ASSOCIATION RELEASE TIME
When RCCEA 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 RCCEA 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 or division manager.
2. Such meetings are subject to scheduling in a manner consistent with operating
needs and work schedules.
RCCEA Officers or representatives shall be permitted, if requested by an RCCEA
represented employe? 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 or division manager.
2. No more than one employee at a time shall be granted release time to represent
one employee.
RCCEA 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, RCCEA Officers and representatives agree to track their
Association release time via the payroll system. The City and RCCEA agree to review this
usage to determine if limits need to be incorporated into a subsequent MOU.
SECTION 55: RELEASE TIME FOR ALL HANDS MEETING
RCCEA shall be allowed four (4) ninety (90) minute periods of release time for all hands
26
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,
CTis 56: LA: s " A A TC9 I
The City and RCCEA agree to implement quarterly labor/management committee (LMC)
meetings to discuss employee relations issues. The L C will not be authorized to change
the MOU or to settle any grievance
CT ' 57: P- 111 • ITY oF • "A NU •F DE" TA el
This memorandum of understanding between the City and the Rancho Cucamonga City
Employees Association shall take precedent over the Personnel Rules adopted per
Resolution 13-065.
CT , 58: AN s PTis 4F
This memorandum, between the City and the Rancho Cucamonga City Employees
Association (RCCEA) representing the Supervisory Professional and General Employee
bargaining units, was adopted on June 15, 2022.
27
City of Rancho Cucamonga: Rancho Cucamonga City Employees Association:
Date , Date
,---'---"%• .,,,,-- ,r-,
i \
..,"
Li.qar/r/ cra,16.161-ic.,
n R. Gillison Mary laPiante
City Manager Managing Labor Representative
6.j ci.‘.......,3
Lori Sassoon 7 Andy Miller
Deputy City Manager / Maintenance Supervisor
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Robert eir / ud inares
Human Resources Director Supervising Public Works Inspector
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Deputy Direc ..r of HR Community Services Coordinator
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Finance Director Ad • istrative Assistant
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