HomeMy WebLinkAbout2024-029 CC Reso Approving CEA MOUA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
BALDWIN PARK AND BALDWIN PARK CITY EMPLOYEES ASSOCIATION (CEA)
YEARS 2024-2027
WHEREAS, representatives of the City Council of the City of Baldwin Park have
met and conferred with duly authorized representatives of the Baldwin Park City
Employees Association (CEA) to make equitable adjustments to wages and other terms
and conditions of employment; and
WHEREAS, a Memorandum of Understanding prepared by said representatives
has been prepared to the City Council for consideration and approval; and
WHEREAS, a majority of the unit members from the group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
Mayor of the City of Baldwin Park to sign the "Memorandum of Understanding" between
the City of Baldwin Park and Baldwin Park City Employees Association (CEA) attached
hereto as Exhibit A. The Memorandum of Understanding for employees represented by
the Baldwin Park City Employees Association (CEA), is hereby effective for the period
from July 1, 2024 through June 30, 2027.
SECTION 2. Resolutions or portions thereof in conflict are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution
and shall cause the Resolution to become in full effect upon approval. The City Clerk
shall forward a certified copy of this adopted Resolution to each Department Head and
Human Resources Manager upon execution.
EMMANUEL ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES S
CITY OF BALDWIN PARK I I
1, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2024-029 was duly adopted by the City Couincil of the City of
Baldwin Park at a regular meeting thereof held on June 19, 2024 and that the same was
adopted by the following vote to wit:
AYES: AVILA, DAMIAN, AYALA, ESTRADA
CHRISTOPHER SAENZ
CITY CLERK
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Memorandum of Understanding
between
City of Baldwin Park
and
The Baldwin Park City Employees' Association
July 1, 2024 through June 30, 2027
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1919W11►%11119
The City of Baldwin Park, a municipal corporation, and the Baldwin Park City Employees Association, a
recognized employee organization, have been meeting and conferring in good faith consistent with Section
3500 et seq., of the Government Code and have reached agreement as a result of such meetings.
ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING
It is the intent and purpose of the Memorandum to set forth mutually beneficial working and economic
relations between the parties hereto and to provide an orderly and peaceful means of resolving any
misunderstandings which may arise, and to set forth the total and complete understanding and agreement
between the parties regarding wages, hours, and other terms and conditions of employment.
ARTICLE II PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the Management representatives of
the City of Baldwin Park, hereinafter referred to as the "City" and representatives of the Baldwin Park City
Employees Association, hereinafter referred to as the "Association", a formally recognized exclusive
representative of the general unit of City employees pursuant to the Meyers-Milias-Brown Act.
Section A. Appropriate Unit- Professional/Technical Unit
The classifications covered by this unit are:
Accountant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Engineering Permit Technician
Building Inspector
Building Official
Community Enhancement Officer
Community Enhancement Supervisor
Community Services Supervisor
Economic Development Projects Coordinator
Engineering Technician
Engineering Assistant
Housing Inspector
Housing Programs Coordinator
Information Systems Analyst
Information Systems Support Technician
Management Assistant
Management Analyst
Payroll Specialist
Plan Check Engineer
Planning Technician
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Program Coordinator
Program Supervisor
Redevelopment Projects Coordinator
Rehabilitation Housing Specialist
Senior Accountant
Senior Finance Clerk
Senior Housing Specialist
Senior Redevelopment Projects Coordinator
Section B. Appropriate Unit- Clerical Unit
The classifications covered by this unit are:
Administrative Clerk I
Administrative Clerk 11
Construction Clerk
Finance Clerk
Housing Specialist
Housing Technician
Imaging Specialist
Section C. Terms of Agreement
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of
employment and it is mutually agreed that this Memorandum of Understanding shall be effective on July
1, 2024 and ending on June 30, 2027.
Section D. Separability Provision
If any provision or the application of any provision of this agreement as implemented should be rendered
or declared invalid by any final court action of competent jurisdiction, the remaining sections of this
agreement shall remain in MI force and effect for the duration of said agreement. In the event any section
of this Memorandum is declared invalid, the City agrees to meet and confer with the Association regarding
the impact or implementation of the court order.
Section E. No Strikeout/Lockout Clause
1. The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU they will not cause or condone any strike,
walkout, slowdown, sickout, or any other job action withholding or refusing
to perform services.
2. Any employee who participates in any conduct prohibited in part 1 above
may be subject to disciplinary action up to and including discharge.
3. The City agrees that it will not lock out any employee at any time.
4. In the event that anyone or more officers, agents, representatives, or members
of the Association engage in any of the conduct prohibited in part 1 above,
the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOLT and is unlawful and
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they must immediately cease engaging in conduct prohibited in part above
and return to work.
Section F. Non -Discrimination
The provisions of the Memorandum shall be applied equally to all employees without unlawful
discrimination as to age, gender, marital status, race, color, ancestry, religious creed, national origin,
political affiliation or (when the nature of work permits) physical handicap. Any violation of this by the
recognized employee organization shall also be subject to immediate correction and possible loss of
recognition.
All references to employees in this Memorandum designate all genders, and whenever one gender is used
it shall be construed to include both, where appropriate.
Section G. Full Understanding, Modification, and Waiver
It is intended that this agreement sets forth the full and entire understanding of the parties regarding matters
set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal
or informal, regarding any such matters are superseded or terminated in their entirety.
Except as specifically provided herein; it is agreed and understood that both parties voluntarily and
unqualifiedly waive their right and agree that the other party shall not be required to negotiate with respect
to any subject or matter covered herein during the term of this agreement, nothing contained herein shall
preclude the parties from mutually agreeing to meet and confer.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or
provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing
by all parties hereto, and if required, approved and implemented by the City Council.
The waiver of any breach, term, and or condition of this agreement by either party shall not constitute a
precedent in the future enforcement of all its terms and provisions.
ARTICLE III ASSOCIATION RIGHTS
Section A. Dues Deduction
A. The City shall deduct Association membership dues and any other agreed upon
payroll deductions to the extent permitted by law from the pay of each member
employee in accordance with the procedures set forth herein.
1. At the direction of a recognized employee organization, the City may deduct
dues from the paychecks of consenting members of the organization.
Employees shall communicate their requests to begin or cancel membership
deductions to the recognized employee organization, and the organization
shall inform the City. Dues paying bargaining unit members who have
affirmatively consented to or authorized dues deductions shall be entitled to
have dues deducted by signing and filing with the Association an
authorization form provided by the Association. The Association will notify
the City of the employee name and amount of dues to be withheld. The dues
deduction form currently in use may continue to be utilized by the
Association.
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2. The City agrees to direct each member employee to the Association with
regard to any questions or concerns related to membership dues or any other
mutually agreed payroll deduction.
3. The Association is responsible for providing the City with timely information
regarding changes to member employees' dues and any other lawful
Association related payroll deductions.
4. Dues withheld by the City shall be transmitted monthly to the Association
officer designated in writing by the Association as the person authorized to
receive the funds, at the address specified.
5. If dues deduction would result in a negative balance for an employee, the
dues will not be withheld, and the Association will be notified.
6. The Association shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence. The City will pay to the Association any
amounts which were not deducted in accordance with the procedures
prescribed in this section.
B. The City shall make payroll deductions in reliance on the Association's
certification that the Association has and will maintain an authorization signed by
each member employee who affirmatively consents to pay Association membership
dues. Similarly, the City shall only cancel or modify membership dues or any other
mutually agreed payroll deduction for any member employee in reliance on
information provided by the Association to the extent permitted by law.
C. The City shall not request the Association to provide a copy of any member
employee's authorization unless a dispute arises about the existence or terms of the
authorization.
D. The Association shall indemnify, defend, protect and hold harmless the City
and its elected and appointed officials, officers, employees, officers and agents
(collectively hereafter the "Indemnitees") from and against any and all claims,
liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes
of action, judgments, costs, and expenses arising from the application of this section,
including, but not limited to, any claims made by bargaining unit employees for the
return of membership dues deductions the City made in reliance on the Association's
certification, and any claims made by any bargaining unit employees for any
deduction cancellation or modification the City made in reliance on the information
provided by the Association.
Leave without Pa.. /�porar_y Assignment Out of Unit
Employees temporarily assigned out of the unit shall be excused from paying dues.
Section B. Association Representatives
1. The Association may designate one officer, board member and
representative, who shall be permitted to assist bargaining unit members in
the investigation, processing and presentation of grievances, disciplinary
actions, the meet and confer process and all activity necessary to facilitate the
efficient resolution of any labor-management dispute.
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2. The Association shall notify the City in writing of the names of all board members,
officers, and representatives who are authorized to represent the employees in the
bargaining unit.
3. The City agrees to grant reasonable access to employee work locations of officially
designated representatives for the purpose of processing grievances in accordance
with this Memorandum of Understanding. Each representative, upon notification to
his/her immediate supervisor, may be permitted to leave his/her regular work
location during work hours, for reasonable periods of time to perform the following
functions with pay:
a. To represent to a supervisor, a request for a grievance which the
representative has been requested by any employee, or group of
employees, to present to such a supervisor.
b. Investigate any request for adjustment of grievance in the
representative's division and present such request for adjustment to
the supervisor of the employee who initiated the grievance request.
c. Attend meetings with management when the representative's presence
is necessary to present the grievance for adjustment.
4. No representative shall leave his/her job or area of assignment while his/her presence
is necessary for the safe and effective operation of his/her job; the determination to
be made by the representative's immediate supervisor or appointing authority.
5. Each representative shall report to his/her supervisor the time leaving his/her work
location to perform such duties as set forth herein. The representative shall report to
the supervisor immediately upon completion of these duties.
6. When the presence of a representative is desired by an employee, or group of
employees, for the presentation, investigation, and/or adjustment of a grievance
and/or dispute, the employee or group of employees shall make a request to their
immediate supervisor. The supervisor shall arrange for a representative to be present
as soon as possible, consistent with safe and efficient operating requirements.
7. Prior to entering any area in the fulfillment of their duties set forth herein, the
representative shall notify the supervisor of that area of his/her presence and the
reason for his/her business in that area.
8. The City agrees that the representative shall not be hindered, coerced, restrained or
interfered with in the performance of their duties and responsibilities provided in the
Memorandum of Understanding.
9. The Association and the employer agree hereto that each will cooperate with the
other and reduce to a minimum the actual time spent by representatives in the
performance of their duties under this Memorandum of Understanding.
C.
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Section A. General
All management rights and functions, except those which are clearly and expressly
limited in this Memorandum of Understanding, shall remain vested exclusively in
the City. It is expressly recognized merely by way of illustration and not by way of
limitation that such rights and functions include, but are not limited to:
1. Manage the City.
2. Schedule work hours.
3. Establish, modify, or change work schedules or standards
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer,
suspend, discipline, or discharge any employee.
6. Determine the location of any new facilities, buildings, departments, divisions,
or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities,
departments, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used
therein.
9. Determine processes, techniques, methods, and means of performing work.
10. Determine the size and characteristics of the work force.
11. Determine financial policy including accounting procedures.
12. Determine the administrative organization of the system.
13. Determine the process of selection, promotion, or transfer of employees.
14. Determine the allocation and assignment of work to employees.
15. Determine policy affecting the selection of new employees.
16. Determine the establishment of quality and quantity standards and the judgment
of quality and quantity of work required.
17. Determine administration of discipline.
18. Determine control and use of City property, materials and equipment.
19. Schedule work periods and determine the number and duration of work periods.
20. Establish, modify, eliminate or enforce rules and regulations.
21. Place work with outside firms.
22. Determine the methods and means by which such operations are to be conducted.
23. Require employees, where necessary, to take in-service training courses during
work hours.
24. Determine duties to be included in any job classification.
25. Determine the necessity of overtime and the amount of overtime required.
26. Take any necessary action to carry out the mission of the City in cases of an
emergency.
27. Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties and responsibilities by
the City, the adoption of policies, rules, regulations, and practices in furtherance
thereof, and the use of judgment and discretion in connection therewith, shall be
limited only by the specific and express terms of this contract, and then only to the
extent such specific and express terms are in conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the
exercise of any of the above described rights of the City is not subject to the grievance
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provision unless any such dispute is otherwise grievance under another Article of
this agreement.
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of
management's rights shall impact on employees in the bargaining unit, the City
agrees to meet and confer with representatives of the Association, upon request by
the Association, regarding the impact of the exercise of such rights, unless the matey
of the exercise of such rights is provided for in this Memorandum of Understanding
or in Personnel Rules and Salary Resolutions.
I\ 0 ce 11 19 DILIKK_N 0 [17►/_1►117.Y\ 1I_1 11-11 OR
Section A. Retirement
Employees Hired Before January 1, 2013
The City contracts with the State of California Public Employees Retirement System
(CalPERS) for the classifications contained in this agreement. The plan shall include
the following options:
1. 2.7%@ 55 retirement formula (Government Code §21354.4);
2. Single highest year final compensation (Government Code §20042);
3. Military service credit as public service option (Government Code §21024);
4. 1959 Survivors Benefit Level I for which each employee contributes ninety-
three cents ($.93) per pay period (Government Code §2171);
5. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
6. 2% Annual Cost of Living Allowance (Government Code §21329);
7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit
Level IV;
8. $500 Retired Death Benefit.
The City will pay 100% of the employer's contribution to the CalPERS retirement
program and provide retirement benefits as currently specified under the City's
contract with the California Public Employees' Retirement System.
CalPERS
In accordance with City Resolution 201.5-094, effective October 25, 2015,
employees will pay 100% of the employee's member contribution to the California
Public Employees Retirement System (CalPERS). All such employee contributions
shall be deposited in the member's retirement account.
New CalPERS Members Hired On or After January 1.2013
The City contracts with the State of California Public Employees Retirement System
(CalPERS) for the classifications contained in this agreement. The plan shall include
the following options:
1. 2% at 62 formula (Government Code §7522.20);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Pre -Retirement Death Benefits to continue after remarriage of survivor
(Government Code §21551);
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4. Military Service Credit as Public Service (Government Code
5. §21024)
6. 1959 Survivors Benefit Level I for which each employee contributes ninety-
three cents ($.93) per pay period (Government Code §21571);
7. 2% Annual Cost of Living Allowance (Government Code §21329);
8. Employees will pay 50% of the normal cost, currently 6.25% member
contribution to Ca1PERS;
9. The City agrees to contract with CalPBRS to include 1959 Survivors Benefit
Level IV;
10. $500 Retired Death Benefit.
Section B. Salaries
The City adopted a Seven Step Compensation Plan (5% between steps), which is
made a part hereof, and is on file with the Human Resources/ Risk Manager or their
designated representative(s) in the Human Resources Department. Such
Compensation Plan may be amended or revised at the discretion of the City Council
subject to the meet and confer process.
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Effective June 23, 2024 - 7% COLA
Effective June 22, 2025 - 5% COLA
Effective June 21, 2026 - 3% COLA
Me Too clause - If any bargaining unit gets a larger COLA or a higher health benefit
monthly contribution, during the life of this contract, this Association will have the
option of opting to receive the same increase (PMEA and POA contracts excluded).
Section C. Bilingual Pay
Effective the first full pay period following the date of MOU approval by City
Council the City agrees to pay $150.00 per month to a person who is capable of
speaking reading and writing and/or interpreting the languages of Spanish,
Cantonese, Mandarin, Japanese, Vietnamese, Tagalog, and American Sign
Language, when the City deems those language skills to be operationally necessary
or beneficial to the City. Determination of capability shall be made by qualifying
tests established by the City. Only those individuals who score at the level of "Good"
or better will be eligible for bilingual pay.
Section D. Tuition Reimbursement
Section 2.8 of the City`s Personnel Rules and Regulations shall be amended to
provide that the tuition reimbursement described therein shall allow for
reimbursement eligibility for full time employees who have passed original probation
shall be in the amount not to exceed $1,500 per fiscal year.
Personnel Rules §2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only for courses provided by an accredited college
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or university and in a field of study reasonably related to the employee's duties and
which are deemed appropriate by the Executive Team.
Effective January 1, 2018, the maximum amount of tuition reimbursement shall be
increased to $2,000 per fiscal year.
Section E. Acting Pay
Section 4.4 of the City's Personnel Rules and Regulations shall be modified by this
agreement to provide acting pay after twenty (20) continuous working days. All other
provisions of Section 4.4 shall remain in their current form, This amendment shall
apply only to members of the City Employees Association, Professional Technical
Employees Unit and Clerical Unit.
Section F. Longevity Pay
Effective the first full pay period following the date of MOU approval by City
Council the City agrees to provide a monthly longevity premium to each eligible
employee as follows:
Years of Service
Monthly Premium
Five (5)-Nine (9) Years
$100
Ten (10)- Fourteen (14) Years
$150
Fifteen (15) - Nineteen (19) Years
$200
Twenty (20)-Twenty-four (24) Years
$250
Twenty-five (25) Years or more
$300
Part-time longevity will be applied at fifty percent (50%). For example, one year of
part-time work cannot count for more than one half year of longevity. Employees
hired full-time after July 1, 2020 will not receive part-time credit for longevity. This
section is effective upon ratification and shall not result in back pay or retro pay.
Section G. Certificate Pay
Effective the first full pay period following the date of MOU approval by City
Council the City agrees to implement Certificate pay for employees holding the
following certificates when those certificates are job related. Pay at $501 month per
certificate at two (2) certificates maximum.
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Employees will only be compensated for one of the certificates identified in the list
below. Start here.
• Engineer -in -Training;
Storm Water Certification;
• LEED;
• AICP;
CPRP;
• MCSA (Microsoft Certified System Administration)
Section H. Uniform Allowance
Employees in the following positions shall receive an annual $300 allowance to
help with the cost of purchasing, repairing, and laundering new uniforms and boots:
• Community Enhancement Officer
• Community Enhancement Supervisor
• Building Inspectors
• Housing Inspectors
ARTICLE VI BENEFITS
Section A. Health Benefits/Cafeteria Plan
Medical and Dental
The City will contribute to each employee in the bargaining group a sum, as detailed
in this section, towards medical and dental benefit premiums. The employee is
required to maintain minimum coverage in a plan of their choice unless the employee
can show proof that they have adequate health insurance coverage through another
source. In instances where the employee's medical insurance premium is less than
the City's monthly allowance, such employee will have an option to have the excess
monies placed towards an existing benefit program. These options include:
1. Placement in a City provided health insurance plan for two (2) party or family
coverage.
2. Placement in a City provided dental plan for self, two (2) party or family
coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Effective the first pay period that includes January 1, 2018,.the maximum amount of
monies that are eligible for cash out shall be capped at $950 per month.
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Employees hired on or after July 1, 2024;
The cash out options for new hires will be eliminated. Pre-existing part time
employees hired full time on or after July 1, 2024, will not be eligible for the cash
out options.
Employees who decline medical coverage may use the City's contribution towards
any dental plan/tier premium, with no cash out options.
Effective July 1, 2024 the City's contribution to medical and dental premiums shall
be increased to $1,600 per month.
Effective July 1, 2025 the City's contribution to medical and dental premiums shall
be increased to $1,700 per month.
Effective July 1, 2026, the City's contribution to medical and dental premiums shall
be increased to $1,800 per month.
Vision Plan Coverage
The City will provide a vision plan to all affected employees, and will contribute up
to a maximum premium cost of $34.05 per month. Any premium increase in excess
of $34.05 per month shall be absorbed by the employee.
Section B. Life Insurance
The City shall provide a $50,000 term life and AD&D insurance for each employee.
Section C. Short Term/Long Term Disability
The City will pay 100% of the employee's premium towards a short term & long term
disability program as provided by the City of Baldwin Park.
The Short Term Disability Insurance Plan provides benefits commencing on the 31 st
day of non- work related injury or illness, and employees will be eligible to receive
cash benefit of 66.67% of their weekly salary up to $1,871 for up to 22 weeks.
The Long Term Disability Insurance Plan provides a cash benefit of 66.67% of your
monthly salary up to $8,100, starting 180 days after you are out of work and
continuing up to age 65 or Social Security Normal Retirement Age (SSNRA),
whichever is later.
Section D. Deferred Compensation
The City currently offers one (I) established deferred compensation providers to its
employees. Deferred compensation is a voluntary program wherein employees may
elect to allocate salary to the City's 457 plans on a pre-tax basis in accordance with
the provisions of the plan. Effective upon ratification of this contract, the City shall
contribute $100.00 per month into a City sponsored deferred compensation plan.
Prior to any changes in the current program/providers, the City agrees to meet in
good faith with the CEA as part of the meet and confer process.
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Section E. Child Care
The City's Before and After School Care (Latch Key) Program shall provide same
privileges to employees as residents of Baldwin Park Section 125 Plan is available
for employee's use.
Section F. Retiree Health Care
Effective the first full pay period following the date of MOU approval by City
Council the City and Union agree to terminate the Health Reimbursement Account
(HRA).
Employees Hired Before July 1, 2020
For all employees hired prior to July 1, 2020, if upon retirement from the City, the
employee enrolls in the City's CalPERS medical care plan, the City will pay only the
minimum employer contribution to CalPERS that is required by Government Code
section 22892(6) and the premium cost for retiree -only coverage in the retiree's
chosen medical plan.
Employees Hired On or After July 1, 2020
For all employees hired on or after July 1, 2020, if upon retirement from the City,
the employee enrolls in the City's CalPERS medical care plan, the City will pay the
minimum employer contribution to CalPERS that is required by Government Code
section 22892(6).
ARTICLE VII HOURS
Section A. Work Period
The work period for all employees within the bargaining group shall be seven (7)
days in length commencing on Sunday, at 12:01 a.m.
Section B. Hours of Work
Employees assigned to a 4/10 work week shall normally work Monday through
Thursday 7:30a.m. to 6:00p.m., however, employees may work a flexible 4/10 plan
dependent upon their work assignment.
Employees assigned to a 9/80 work week shall normally work Monday Through
Thursday, 6:30a.m. to 4:00p.m. and on each scheduled Friday shall work 6:30a.m.
to 3:00p.m., however, employees may work a flexible 9/80 plan dependent upon their
assignment.
Employees assigned to a 5/40 workweek shall normally work Monday through
Friday and the actual hours worked will be dependent upon their work assignment.
Section C. Workday
Employees working the 4/10 shall have a standard workday consisting of ten and
one-half (10 1 /2) hours with nine hours and fifty minutes of work time and forty (40)
minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance
with department administrative guidelines.
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Employees working the 4/10 will be provided with two (2) ten (10) minute rest
breaks during the day, one each approximately at the midpoint of each one-half
workday. Rest time is not cumulative beyond the scheduled workday within which
the break period occurs nor may it be used to extend lunch or shorten the workday.
Employees working the 9/80 shall have a standard four (4) days consisting of nine
and one-half (9 1/2) hours, nine (9) hours of work time and thirty (30) minutes as a
non -paid unrestricted meal period. Employees shall have a standard fifth day
consisting of eight and one-half (8 1/2) hours, eight (8) hour of work time and thirty
(30) minutes as a non -paid unrestricted meal period.
Employees working the 9/80 will be provided two (2) fifteen (15) minute rest breaks
during the day, one each approximately at the midpoint of each one-half workday.
Rest time is not cumulative beyond the half scheduled workday within which the
break period occurs nor may it be used to extend lunch or shorten the workday.
Employees working the 5/40 shall have a standard workday consisting of pine (9)
hours, eight (8) hours of work time and one (1) hour as a non -paid unrestricted meal
period. Meal periods shall be in accordance with department administrative
guidelines.
Employees working the 5/40 will be provided two (2) fifteen (15) minute rest breaks
during the day, one each approximately at the midpoint of each one-half workday.
Rest tune is not cumulative beyond the half scheduled workday within which the
break period occurs nor may it be used to extend lunch or shorten the workday.
Alternative Work Schedules
The City agrees to implement a 4/10 plan for all employees assigned to City Hall and
for all professional and technical employees assigned to the Community Center, The
City agrees to implement a 9/80 plan for all employees assigned to the Maintenance
Facility.
The Association recognizes that the City may, at its sole discretion, end the 4/10
and/or 9/80 plan upon reasonable notification to the Association. The termination of
such plan(s) is not subject to the grievance process or any other administrative
review. The Association recognizes that the 4/10 and/or 9/80 plan is not a vested
right in any manner, and that the termination of such 4/10 and/or 9/80 plan is not
subject to the meet and confer process or meet and consult process.
The Association further recognizes that the implementation of the 4/10 and/or 9/80
plan does not create any additional overtime obligation for the City under the Fair
Labor Standards Act.
The City may adjust employees work periods as necessary so that their forty (40)
hours of scheduled work does not overlap into another work period to avoid an
overtime obligation.
The City does agree however, that should 9/80 experimental work schedule be
terminated, that benefit levels/accruals and working conditions that were modified to
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accommodate the alternate work schedule(s) will revert to the levels/accruals and
working conditions in existence prior to September 27, 1992 or April 12, 1993.
Section D. Compensatory Time
In lieu of receiving cash payment for hours worked in excess of forty (40) hours
during the seven (7) day work period, an employee may elect the option of earning
compensatory time, and shall have a cap of eighty (80) hours placed on the accrual
of compensatory time off. Hours in excess of eighty (80) shall receive overtime pay
at the rate of time and one-half in accordance with the overtime provisions of this
MOU.
The times during which an employee may take his/her compensatory time shall be
approved by the department head with due regard for the wishes of the employee and
for the needs of the service.
Payout Provision
On or before December 31 of each year, an employee shall reduce his/her accrued
compensatory time bank to forty (40) hours or less. Any time in excess of forty (40)
hours shall be paid at the employee's current straight time rate unless advance, written
approval of the employee's department head and the Chief Executive Officer is
obtained to carry over all or part of the excess of forty (40) hours.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of eighty (80) hours or less at his/her straight time hourly base
rate.
Section E. Overtime
All employees, required to perform in excess of the standard work period of forty
(40) hours in a seven (7) day cycle shall receive overtime pay at the rate of time and
one-half, in addition to applicable special compensation and/or premiums.
Positions designated in Article 11 Section B of this agreement may, in lieu of
receiving cash payment for hours worked in excess of forty (40) hours during the
seven (7) day work period, elect the option of earning compensatory time, and shall
have a cap of forty (40) hours placed on the accrual of compensatory time off.
Employees designated to only receive compensatory time shall have a cap of eighty
(80) hours placed on the accrual of the compensatory time off. Hours in excess of
eighty (80) shall receive compensation at the rate of time and one-half in accordance
with the overtime provisions of this MOU.
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Eli ig bility for Overtime Compensation
In determining an employee's eligibility for overtime compensation or accrual of
compensatory time in a work period, paid leaves of absences and unpaid leaves of
absences shall be excluded from the total hours worked. Paid leave of absences
include, but are not limited to, the following:
Vacation Jury Duty
Bereavement Leave Military Duty
Compensatory Leave Administrative Leave
Sick Leave Worker's Compensation Leave (IOD)
Effective July 1, 2024, holiday hours shall count as time worked for the purposes of
computing overtime.
All overtime requests must have the prior written authorization of a supervisor prior
to the commencement of such overtime work. Where prior written authorization is
not feasible, explicit verbal authorization must be obtained.
Where verbal authorization is obtained, written authorization must be obtained as
soon thereafter as practicable. Dispatched calls beyond the end of duty time are
considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal
authorization followed by written authorization, will result in the denial of the
overtime request.
Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non -
regularly scheduled work shift, Call back does not occur when an employee is held
over from his/her prior shift or is working prior to his/her regularly scheduled shift.
An employee called back to duty shall be credited with a minimum of two (2) hours
work commencing one-half (1/2) hour before he/she reports to duty. Any hours
worked in excess of two (2) hours shall be credited on an hour for hour basis for
actual time worked. Travel time shall not be considered hours worked and shall not
be compensated in any manner whatsoever. However any time that involves driving
after reporting to the work site will be compensable under this agreement. Call back
duty hours will be compensated at a premium overtime rate, irrespective of the total
paid leave exclusion for the work period.
Work performed at the Baldwin Park Anniversary Parade, 4th of July and
Community Picnic annual events will also be compensated at a premium overtime
rate, irrespective of the total paid leave exclusions for the work period.
Non -Mandatory Training
Non -mandatory attendance at training schools/facilities, which improves the
performance of regular tasks and/or prepares for job advancement are not
compensable for hours in excess of the employee's normal work shift. Any time spent
in excess of the normal work shift will not be counted as working time and is not
compensable in any manner whatsoever.
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Time spent in studying and other personal pursuits is not compensable hours of work,
even though the employee may be confined to campus twenty four (24) hours a day.
Travel Time
Travel time to and from the training facility outside an employee's normal work shift
is not compensable hours of work.
Donning/Doffing
Time spent in changing clothes before or after a shift, or during lunch, is not
considered hours worked and is not compensable in any manner whatsoever.
Employees may be provided with a locker for their own personal convenience. An
employee may or may not utilize the locker for storage and changing purposes at
his/her own discretion.
Section F. Holidays
The City shall observe the following holidays:
New Year's Day- January 1 st
Marthin Luther King Jr. Day — The third Monday in January
President's Day- The third Monday in February
Cesar Chavez Day — Monday closest to March 31st (March 31, 2025, March 30,
2026, March 29, 2027).
Memorial Day- The last Monday in May
Independence Day- July 4th
Labor Day- The first Monday in September
Veteran's Day- November llth
Thanksgiving Day- The fourth Thursday in November
The Friday following the fourth Thursday in November (5/40 & 9/80 schedules only)
Christmas Eve- December 24th
Christmas Day- December 25th
Employees assigned to a 4/10 Work Schedule
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on
a Sunday, the Monday following is the holiday in lieu thereof.
On January 1 of each year, each affected employee will be credited with ten (10)
hours of leave.
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Employees assigned to a 9/80 Work Schedule
If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on
a Sunday, the Monday following is the holiday in lieu thereof.
On January I of each year, each affected employee will be credited with nine (9)
hours of leave.
Employees assigned to a 5/40 Work Schedule
If any of the before mentioned holidays fall on a Saturday, the preceding Friday will
be the holiday in lieu thereof, If any of the holidays fall on a Sunday, the Monday
following is the holiday in lieu thereof.
On January I of each year, each affected employee will be credited three (2) eight
(8) hour days of floating leave, for a total of sixteen (16) hours.
Section G. Holiday Bank
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on non -regularly scheduled work days, as determined by an
employee's assigned work schedule, An employee will be credited with an equivalent
number of hours of holiday time ("holiday bank").
The actual date for the use of such leave shall be subject to the approval of the
employee's department head. For employees working a 4/10 work schedule this leave
shall be used in increments of ten (10) hours. For employees working a 9/80 work
schedule this leave shall be used in increments equivalent to the work day being
requested for time off, i.e., a standard nine (9) hour work day or a "Friday" eight (8)
hour work day.
However, upon implementation by the City of accounting procedures and methods
whereby use of holiday leave in increments of one (1) hour or more can be reasonably
documented, affected employees shall be provided the option of using holiday leave
in such amounts of time. Although the City shall endeavor in good faith to institute
such an accounting process, it shall remain in the sole discretion of the City to
determine when such a modified accounting can be reasonably implemented.
Employees may accumulate up to a maximum of one hundred (100) hours of holiday
bank time.
Payout
If an employee, because of business necessity, is not able to utilize excess accrued
holiday bank hours, upon written request to, and approval of the department head, an
employee may be paid for any excess hours over their maximum holiday bank hours
accrual Each January 1, such excess hours will be removed from the employee's
holiday bank hours accrual, calculated at their then straight time hourly rate and
placed in a holiday hours bank to be paid no later than June 30 of the same year.
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if an employee separates employment from the City, and has used holiday bank time
prior to the occurrence of the actual holiday, he/she will have. his/her vacation leave
and/or final paycheck reduced to reflect the excess holiday bank time used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he/she will be paid for such eligible holiday bank time at
his/her straight time rate.
ARTICLE VIII LEAVES
Section A. Sick Leave
Every full-time employee represented by this agreement shall accrue sick leave
beginning the first full pay period of employment at the rate of 3.693 hours for each
pay period of service completed with the City.
Incentive Program
Each eligible employee shall elect their maximum sick leave hours accrual.
Dependent upon the total number of currently accrued sick leave hours, the
maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours,
If an eligible employee wishes to elect a maximum sick leave accrual level that is at
a higher level than their closest currently accrued sick leave hours, they may do so.
The maximum accrual elected by the eligible employee will be irrevocable.
Once the election is made by the employee, such excess hours will be removed from
the employee's sick leave hours accrual, calculated at their then straight time hourly
rate and placed into a sick leave hours bank to be paid at 75% of the total value, with
the timing and methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Effective the first full pay period following the date of MOU approval by City
Council the City employees who separate in good standing from the City, shall be
paid the value of their banked sick leave at the rate of 1 hour of straight time pay for
every 4 hours of sick leave converted (that is, 25% conversion rate).
Section B. Vacation
All affected employees shall accrue vacation leave in accordance with following:
a. Employees having less than five (5) years employment (vacation accrual
96 hours per year), the maximum amount of vacation that may be
accumulated shall be 192 hours.
b. Employees having more than five (5) years but less than ten (10) years of
employment (vacation accrual 120 hours per year), the maximum amount of
vacation hat may be accumulated shall be 240 hours.
c. Employees having more than ten (10) years but less than fifteen (15) years of
employment (vacation accrual= 144 hours per year) the maximum amount of
vacation that may be accumulated shall be 288 hours.
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d. Employees having more than fifteen (15) years but less than twenty (20) years
of employment (vacation accrual 168 hours per year), the maximum amount
of vacation that may be accumulated shall be 336 hours.
e. Employees having over twenty (20) years of employment (vacation accrual
= 192 hours per year) the maximum amount of vacation that may be
accumulated shall be 384 hours.
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City. Employees may be eligible to
utilize accrued vacation leave at an earlier time, upon written request to and approval
of their department head.
The times during which an employee may take his/her vacation leave shall be
determined by the department head with due regard for the wishes of the employee
and for the needs of the City.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of
the department head use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one
calendar year for the purpose of a vacation leave with approval of the department
head. A vacation period is defined as the maximum amount of vacation leave accrued
by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d)
and (e), as stated above.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an
employee may be paid for any excess hours over their maximum vacation hours
accrual excess hours will be removed from the employee's vacation hours accrual,
calculated at their then straight time hourly rate and placed into a vacation hours bank
to be paid no later than June 30 of the same year.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, such holiday shall not be
charged as vacation leave and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave.
Section C. Bereavement Leave
Each affected employee shall receive up to five days of unpaid job -protected
bereavement leave. The City will provide employees with the equivalent of one (1)
workweek of paid bereavement leave, per incident. Employees may utilize their own
forms of accruals for the additional time taken.
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Family members covered:
Employee's: spouse, children, siblings, parents, grandparents, step- children,
foster children, grandchildren, and State registered domestic partners.
Spouse's: parents, and grandparents
Said time will not be cumulative from one twelve (12) month period to another nor
will pay in lieu of unused leave for bereavement is provided.
Section D. Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel Rules
shall not be granted additional compensation when such leaves extends beyond the
employee's regularly scheduled workweek.
Section E. Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules
shall not be granted additional compensation when such leave extends beyond the
employee's regularly scheduled workweek.
Section F. Training/Conference Leave
When an employee is scheduled to attend a conference or training program Monday
through Friday, his/her work how will be 8:00am to 5:00pm Monday through Friday
so there is no issue that he/she is eligible for overtime while attending the conference
or training.
Section G. Injury on Duty
Any employee who is injured within the scope of employment with the City will
receive workers' compensation benefits as provided under the California Labor Code.
While any employee is on an injury on duty (TTD) status, his/her work hours will be
consistent with their regular scheduled work shift, so there will not be an issue or
conflict regarding said employee's eligibility for overtime while receiving treatment
or keeping doctor's appointments.
Industrial Injury Benefits
This language shall supersede the language in City Personnel Rule Section 11.5
which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule
language is superseded by this MOU provision and the applicable Personnel Rule
language is null and void.
Any non -sworn (non -peace officer) employee injured in the course and scope of
employment and whose injuries are subject to the Workers' Compensation laws of
the State of California, shall be eligible to receive only those benefits provided to
non -sworn (non -peace officer) employees by the Worker' Compensation laws.
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W , Lam
Section A. Written Warnings/Reprimands
Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules
and Regulations shall not be subject to advisory arbitration. The final step of
administrative appeal shall be the Executive Team. An employee shall have the right
to attach a written rebuttal to any written warning/reprimand placed in his/her
personnel file.
A written warning/reprimand may be removed from an employee's personnel file,
upon written request to and written approval from their department head, if he/she
has not been involved in any subsequent incidents that resulted in written corrective
counseling or other management action for a period of five (5) years from the date
the most recent notice was issued or management action taken.
Section B. Layoff Policy
The parties agree to continue the meet and confer process on the City's current Layoff
Policy, contained in Section 13 of the Personnel Rules. Any language changes to the
current Section will be submitted by the Association prior to the commencement of
the meet and confer process.
Notwithstanding the language contained in Section 13 of the Personnel Rules,
affected employees in the CEA will be entitled to a minimum of three (3). months
health, dental and vision benefits paid for by the City, if a layoff takes place.
Section C. Emergency Preparedness Policy
The parties agree to continue the meet and confer process on the "Emergency
Preparedness Policy", including specifics as to when bargaining unit members should
respond before or after their normal work shift.
Section D. Personnel Rules
During the term of this agreement, both parties agree to meet and confer on the
content and implementation of new and/or revised Personnel Rules and Regulations
as needed.
Section E. Labor/Management Committee
The City agrees to maintain a labor/management committee for discussion of general
issues of mutual concern to the City and the Association.
The Joint Labor Management Committee (LMC) is intended to build rapport
between the City and respective bargaining groups, but is primarily designed to
encourage meaningful and productive discussion about mutual interests of the City
and Union. These discussions may center around ways to enhance services;
brainstorming ways to identify sources of revenue; discussing cost containment
approaches; and other ideas to enhance productivity using creative and innovative
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methods. Any items discussed that may impact employee working conditions, hours
or compensation will not be addressed by the LMC, but through the normal meet and
confer process with the City and Union representatives. It is anticipated that the LMC
will meet quarterly; specific meeting times and agenda items will be determined at a
future date by the LMC.
Section F. Pre -Employment Drug and Alcohol Testing
The parties agree that all new hires, effective the date this agreement is signed, will
be subject to pre -employment alcohol and drug testing. Employment will be
contingent upon the results of this testing.
Section G. "Y" Rating
"Y" rate exists when an employee's salary is frozen at the present level until such
time as subsequent general salary increases catch up with or exceed the employee's
salary at the "Y" rate. An employee receiving "Y" rate shall remain at "step Y" until
such time as the position is assigned to a salary range in which the last step is
equivalent to or higher than the "step Y". Such employee shall not receive salary
adjustments until such time as "Step Y" is equivalent or less than Step 7 of the salary
range of the employee's position.
Section H. Salary Survey
The City and Association agree, during the term of this MOU, to collect and compile
salary survey data on classifications represented by the Association with respect to
agencies comparable to Baldwin Park.
Section 1. Conflict Resolution/ Mediation
Conflict Resolution/Mediation Services is a tool for supervisors and managers to
utilize as needed to resolve workplace conflicts that are persistent and have evolved
to such a degree that it has become a barrier to productivity. Supervisors are
ultimately responsible for making every effort to mitigate conflict or disagreements
based on organizational best practices, and encouraged to seek guidance from Human
Resources when these situations occur. Whenever a supervisor believes that
conflict/mediation services is the best option for addressing the conflict, agreement
from the Department Head and Human Resources would be necessary prior to
utilizing the services.
Section J. Performance Evaluations
All permanent employees shall receive their performance evaluation every twelve
(12) months. Effective July 1, 2025, merit increases associated and contingent on
performance evaluations shall take automatic effect if the performance evaluation
was not conducted within sixty (60) days after the due date.
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ARTICLE X GRIEVANCE PROCEDURE
Section A. Definition
A "grievance" is a formal, written allegation by a grievant that he/she has been
adversely affected by an existing violation, misinterpretation or misapplication of the
specific provisions of the Memorandum of Understanding and/or provisions of the
Personnel Rules and Regulations. Other matters for which a special method of review
is provided by law, ordinance, resolution, or by administrative regulations and
procedures of this City, are not within the scope of this procedure.
Section 15 of the Personnel Rules shall be modified by this agreement to provide the
utilization of the grievance procedure for those employees who receive performance
evaluations rated at the level of marginal and/or unsatisfactory. This amendment of
Section 15 shall apply only to the members of the General Unit of Clerical
Employees Association.
Section B. Procedure
Informal Resolution
Every effort shall be made to resolve a grievance through discussion between the
employee and his/her immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without any subsequent
discrimination against employees who may seek to adjust a grievance. Every effort
should be made to find an acceptable solution at the lowest level of supervisor.
Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence
should have known, of the condition upon which a grievance may be based, the
grievant shall attempt to resolve it by an informal conference with the grievant' s
immediate supervisor. The immediate supervisor shall respond, in writing, within (7)
calendar days of the discussion with the grievant. If the immediate supervisor does
not respond within such time lime the grievant shall be entitled to process the
grievance to the next step.
If the problem cannot be resolved between the employee and the supervisor, the
employee may, within seven (7) calendar days from the date of receiving the answer
from his/her supervisor, request and be granted an interview with the division head,
if one exists, in order to discuss the grievance. The Division Head shall schedule an
interview within (5) calendar days of the grievant's request. After the interview, the
Division Head shall respond, in writing, within seven (7) calendar days of the
interview with the Grievant, if the Division Head does not respond within such time
limit the grievant shall be entitled to process the grievance to the next step.
If the division head and employee cannot reach a solution to the grievance, the
employee may, within seven (7) calendar days from the date of receiving the answer
from the division manager, request, in writing, and be granted an interview with the
appointing authority. The appointing authority, or its representative, shall schedule
an interview within five (5) calendar days of the grievant's request.
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The appointing authority shall render his/her decision in writing within fifteen (15)
calendar days of receiving the appeal. If the appointing authority and employee are
unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar
days from the date of the decision by the appointing authority, submit a written
appeal to the Executive Team.
The Executive Team shall review the grievance and respond to the employee within
twenty (20) calendar days of receiving the appeal. The response shall be inwriting
and will be considered an expression of management's viewpoint and shall be the
final administrative state of review.
If the time limits for employees' appeals at any step should elapse, the grievance shall
be considered withdrawn. Time limits may be extended by mutual consent. If the
City fails to respond within the prescribed time limits, the grievance will be deemed
to have been denied and the employee may go to the next step. If the Executive Team
fails to respond within the prescribed time limit, the grievance will be deemed to
have been denied and the employee will be deemed to have exhausted his/her
administrative remedy.
The employee may request the assistance of another person of his/her own choosing
in preparing and presenting Ns/her appeal at any level of review. Employees shall be
assured freedom from reprisal for using the grievance procedure.
Standard Grievance Form
The City and the Association agree to create, prepare and implement a standard
grievance form for use by all affected classifications represented by the Association.
Grievance Mediation
Either the employee or the Association may request the grievance be submitted to
mediation prior to a decision being issued by the Executive Team. Upon request to
mediate the grievance, the City shall make die formal, written request for a mediator
from the California State Mediation and Conciliation Service. The choice of a
mediator must be approved by both the Association and City before mediation may
begin.
If the employee or the Association requests that the grievance be submitted to
mediation prior to a decision being issued by the Executive Team, then the employee
and/or Association shall pay any costs associated with the mediation.
If the grievance was mediated and resolved, the mediator shall be requested to
provide a written summary of the outcome; a description of the dispute and the
resolution reached by the parties.
If the grievance was mediated and not resolved, the mediator shall be requested to
render a written, advisory opinion letter to the Association and City within 15
calendar days of the final mediation session. This opinion is non -binding and is
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intended to advise the Association and City of the mediator's recommendation to
settle the grievance.
ARTICLE XI AMERICANS WITH DISABILITIES ACT
Because the ADA requires accommodations for individuals protected under the Act,
and because these accommodations must be determined on an individual, case -by -
case basis, the parties agreed that the provisions of this agreement may be set aside
in order for the City to avoid discrimination relating to hiring, promotion, granting
permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and
duty classification, seniority, leaves, fringe benefits, training opportunities, hours of
work or other terms and privileges of employment.
The Association recognizes that the City has the legal obligation to meet with the
individual employee to be accommodated before any adjustment is made in working
conditions. The Association will be notified of these proposed accommodations prior
to implementation.
Any accommodation provided to an individual protected by the ADA shall not
establish a past practice, nor shall it be cited or used as evidence of a past practice in
the grievance procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the
Association with written notice of its intent to set aside the provision, and will allow
the Association the opportunity to discuss options to setting aside of any provision.
ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY
Section A. Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the
workplace and to ensure that employees are in a condition to perform their duties
safely and efficiently, in the interests of their fellow workers and the public as well
as themselves.
Section B. Policy
It is the City's policy that employees shall not be under the influence of or in
possession of alcohol or drugs while on City propeliy, at work locations, or while
on duty; shall not utilize such substances when they have a reasonable expectation
of call in for duty; shall not possess, provide or sell illegal drugs to any other
employee or to any person while on duty; nor have their ability to work impaired as
a result of the use of alcohol or drugs.
While use of medically prescribed medications and drugs is not per se a violation of
this policy, the employee must notify his/her supervisor, before beginning work,
when taking medications or drugs (including the possible effects of taking such
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medication and drugs) which could foreseeably interfere with the safe and effective
performance of duties or operation of equipment, In the event there is a question
regarding an employee's ability to safely and effectively perform assigned duties
while using such medications or drugs, clearance from their physician may be
required.
The Association and the City specifically understand and agree that marijuana
remains a Class I controlled substance under federal law. The parties further agree
that despite the existence of conflicting state law, the City is entitled to discipline an
employee who tests positive for marijuana on a drug test imposed pursuant to City
policy, regulations, or federal/state law.
The City is committed to providing reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them handicapped under
federal and/or state law. Persons whose use of drugs or alcohol prohibits them from
performing the duties of their position, or whose use constitutes a direct threat to
property or the safety of others, are not considered handicapped under federal or state
law.
Section C. Application
This policy applies to all employees of the City of Baldwin Park. This policy applies
to alcohol and to all substances, drugs, or medications, legal or illegal, which could
impair an employee's ability to effectively and safely perform the functions of the
job.
Employee Responsibilities: An employee must:
1. Refrain from the use of, or possession of, illegal drugs, including marijuana
or narcotics while on duty;
2. Not report to work while his/her ability to perform job duties is impaired due
to alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs, including
marijuana and prescription drugs without a prescription) during working
hours or at any time while on City property;
4. Not directly or through a third party sell or provide illegal drugs, including
marijuana to any person, including any employee, while either employee or
both employees are on duty;
5. Notify his/her supervisor, before beginning work, when having consumed
alcohol or when taking any medications or drugs, including marijuana
prescription or non-prescription, which may interfere with the safe and
effective performance of duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later than
five (5) days after such conviction;
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7. Report to the supervisor when they have knowledge of objective evidence
that other employees may be under the influence of drugs, including
marijuana or alcohol or engaging in illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance through their medical plans or through
other resources available in their community. While the City will be supportive of
those who seek help voluntarily, the City will be equally firm in identifying and
disciplining those who continue to be substance abusers and do not seek help.
Management Responsibilities
1. Managers and supervisors are responsible for reasonable enforcement of this
policy.
2. Notify the affected contract/granting agency within ten (10) days after
receiving notice of any conviction.
3. Prepare and distribute, to all employees, a summary of available benefits
through the various health plans. Information to be distributed through the
Personnel Services office.
4. To treat any cases where rehabilitation is recommended or already underway
as a medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provision of
this policy. Medical information, if necessitated, will be maintained by
Personnel Services in separate, secured files. Information will only be shared
where there is a bona fide "need to know" by management in instances where
referrals, rehabilitation, medical leaves, work accommodation, discipline or
other employment related decisions are affected.
6. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary cases,
Decisions made on such cases under this policy will be subject to review by
an individual's department head, and Human Resources/Risk Manager.
ARTICLE XIII SMOKE FREE WORKPLACE
Section 18, of the Personnel Rules and regulations, relating to smoking in the City
workplace will be amended to read as follows:
Section A. Purpose
The purpose of this policy is to set forth City Council direction in regard to smoking
by City employees in City facilities and to encourage non-smoking by City
employees in the workplace. This policy is necessary because such smoking is
recognized as a hazard to the health of smokers and non-smokers alike.
All employees must be aware of the provisions of City Council Ordinance No. 1232
which prohibits smoking by anyone in and around City -owned premises and public
parks and other recreational facilities.
City owned premises is defined as a building or site owned and occupied, or leased
and occupied, by the City of Baldwin Park for any municipal function, and includes
the entire site of the City -owned premises and all structures thereon. City owned
premises shall not include any public sidewalk adjacent to the site of City- owned
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premises, nor any building owned in part by the Baldwin Park Successor Agency
(formerly Redevelopment Agency) which is also partly owned by private individuals
or Owner Participation Agreement. City -owned premises include, but are not limited
to, City Hall, the City Yard, and the site occupied by the City Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of
Baldwin Park for any recreational purpose which is owned, managed or controlled
by the City, and includes the entire site of the public park, all structures thereon, and
any public sidewalk adjacent to that site. Public Park includes, but is not limited to,
the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park,
Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park
Teen Center and Skate Park.
This policy governs all areas of city -owned buildings not considered to be public
access areas and not therefore, governed by Ordinance No. 1232. These areas would
include employee offices; rooms or hallways not normally open to the public,
employee lounges, and kitchens, lunchrooms and employee break rooms,
workstations, locker rooms, city vehicles and other common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar
or cigarette or any other device used for the burning of tobacco or other similar
combustible material, so that the person in possession thereof can inhale and exhale
the smoke there from.. This definition specifically includes vaping, the use of
electronic cigarettes, or any equivalents thereto.
Policy (This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of City -owned buildings and City -
owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be
directed to the Executive Team.
Section B. Procedure
The Maintenance Division shall be responsible for posting and maintaining all signs
in accordance with the standards approved by the Executive Team, signs in private
offices shall be the responsibility of the office occupant. "No smoking" signs shall
be available from the Maintenance Division.
Those managers and supervisors closest to employee work sites are hereby charged
with the implementation of and compliance with this policy. The Executive Team is
ultimately responsible for such implementation and compliance.
The Human Resources/Risk Manager shall be responsible for updating this policy as
necessary and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any employee
because such employee exercises any rights afforded by this policy.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding the day, month and year noted.
E Signed by:
6EAEKE4DC... 10/8/2024
Emmanuel Estrada
Mayor
Signed by:
6 b Uww
E B4EC.-
Enrique C. Zaldivar
Chief Executive Officer
DocuSigned by:
r 6st, I-eum
C03050D8B4448B—
Rose Tam
Director of Finance
DocuSigned by:
Ea�ti�t A44
5D4445—
Karina Rueda
Human Resources/Risk Manager
CITY EMPLOYEE ASSOCIATION
Signed by-
Vt6vio' VtFr0&10/7/2024
3"B44B Victoria L. DeFrank
Labor Relations Representative
ESigned by:
A NLL' Sam
26BC3BE5A920442—
Michael A. Salas
Representative
ESigned by:
Helen M. Hernandez
Representative
Signed by:
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A4,MwU&
4A16141B
David D. Mortensen
Representative
APPROVED AND ADOPTED BY CITY COUNCIL ON JUNE 19,2024
PER RESOLUTION NO. 2024-029
ATTEST: DocuSigned by:
I. Saenz, City Clerk
10/8/2024
Date
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