HomeMy WebLinkAbout2004 068 CC RESO2004 068 CC RESO ¬Ù j RESOLUTION NO. 2004-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK
AND THE CLASSIFIED CONFIDENTIAL EMPLOYEES
ASSOCIATION PROVIDING FOR EMPLOYEES REPRESENTED
BY THE CLASSIFIED CONFIDENTIAL EMPLOYEES
ASSOCIATION.
YEARS 2004 2007
WHEREAS, the representatives of the City Council of the City of Baldwin Park have met
and conferred with duly authorized representatives of the Classified Confidential Employees
Association 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 presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
RESOLVE. DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City of
Baldwin Park's Interim Chief Executive Officer and Personnel/Risk Manager to sign the
Memorandum of Understanding between the Classified Confidential Employees Association
and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of
Understanding for employees represented by the Classified Confidential Employees
Association is hereby effective for the period of July 1, 2004 through June 30, 2007.
SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and
shall forward a copy hereof to each Department Head and the Personnel/Risk Manager
PASSED AND APPROVED this 29th day of September, 2004.
Su^l^
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2004 068 CC RESO ¬Ù j Resolution 2004-068
Page 2 of 2
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
SS,
I, KATHLEEN SESSMAN, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing resolution was duly and regularly approved and adopted by the
City Council of the City of Baldwin Park at a regular meeting of the City Council on
September 29, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
Marlen Garcia, David Olivas, Ricardo Pacheco,
Mayor Pro Tern Bill Van Cleave and Mayor
ManuelLozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Tyi-/^ ijii^L A AJL^ 4i^orvi a^.
KAtHLEEN R./^ESSMAN
DEPUTY CITY CLERK
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2004 068 CC RESO ¬Ù j INDEX
Section 1 Work Schedules
Experimental 4/10 Plan
Workday
Section 2 Attendance and Leaves
Hours of Work
Overtime or Administrative Leave
Vacation
Sick Leave
Annual Sick Leave Incentive
Bereavement Leave
Military Leave
Jury Duty
Training/Conference Leave
Injury on Duty
Holidays
Floating Holidays
Holiday Bank
Section 3 Direct Wage Payments
Salary-Seven Step Compensation Plan
Section 4 Insurance/Supplemental Wage Payments
Life Insurance
Vision Plan Coverage
Other Insurance
Retirement
Long-Term Disability
Bilingual Pay
Sick Leave Conversion Research
Section 5 Policies and Procedures
Disciplinary Appeal Procedure
Americans with Disabilities Act
Alcohol and Drug Abuse Policy
Smoke Free Workplace
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2004 068 CC RESO ¬Ù j EXHIBIT A
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2004 2007
BY AND BETWEEN
THE CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION
AND
THE CITY OF BALDWIN PARK
This Memorandum of Understanding is made and entered into this 29th day of
September 2004, by and between the City of Baldwin Park, a municipal corporation,
and the Baldwin Park Classified Confidential Employees Association.
The parties hereto do agree as follows:
RECITALS. This Agreement is made and entered into with respect to the following
facts:
1. The parties agree that the provisions contained herein shall be subject to
all applicable laws and covers the period of July 1, 2004 through June 30.
2007, unless otherwise provided.
2. The City agrees to commence the meet and confer process for the next
contract during the month of November 2006, prior to the city's budget
process and approval.
3. That the signatory parties hereto reached agreement on the following
items regarding wages, hours and working conditions:
Experimental 4/10 Plan
The City agreed to implement an experimental 4/10 plan for all confidential
employees assigned to City Hall effective September 27, 1992 and Community Center
effective April 12, 1993. The confidential employees recognize that the City may. at its
sole discretion, end the 4/10 plan at any time. The termination of such 4/10 plan is not
subject to the grievance process or any other administrative review. The confidential
employees recognize that the 4/10 plan is not a vested right in any manner.
The parties have agreed that although the City shall have an unrestricted
management right to terminate any of the work schedules described in the MOU,
implementation of that management right shall result in the City engaging that meet and
confer process as to the effects of exercising its management right.
Confidential Employees Association MOU 2004/2007 1
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2004 068 CC RESO ¬Ù j Workday
Employees shall have a standard workday consisting often and one-half 10-1/2)
hours, nine hours and fifty minutes 9:50) of work time and forty 40) minutes as a non-
paid unrestricted meal period. Meal periods shall be in accordance with department
administrative guidelines.
Employees will be provided 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 half scheduled workday within which the break period occurs nor
may it be used to extend lunch or shorten the workday.
Hours of Work
Employees not assigned to shift work shall work Monday through Thursday, 7:30
a.m. to 6:00 p.m.
Overtime or Administrative Leave
Members of this unit are FLSA-exempt administrative employees and do not
receive FLSA-mandate overtime. Nonetheless, the City proposes that each affected
unit member shall lodge with payroll, in July of each year. an irrevocable written election
that shall be valid for the entire ensuing fiscal year. Said election shall indicate the
employee's preference for receiving compensation at 1.5 times the employee's base
salary for authorized hours worked in excess of 40 in a work period. In the alternative,
each employee shall receive a maximum of thirty 30) hours of administrative leave with
pay each fiscal year. The use of such leave shall be at the reasonable discretion of the
employee's department head.
Unused administrative leave time balances at the end of each fiscal year, June
30, will be paid during the following month of July with said time being calculated at their
then straight time hourly rate.
Overtime
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.
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.
Confidential Employees Association MOD 2004/2007 2
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2004 068 CC RESO ¬Ù j On or before December 31st 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 Executive Team 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.
Vacation
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 service.
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.
Effective July 3, 2005, the maximum accrual of vacation leave that may be
accumulated shall be as follows:
1. Employees having less than five 5) years of employment vacation
accrual 96 hours per year), the maximum amount of vacation that
may be accumulated shall be 192 hours.
2. 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 that may be accumulated shall be 240 hours.
3. 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.
Confidential Employees Association MOU 2004/2007 3
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2004 068 CC RESO ¬Ù j 4. 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.
5. Employees having more than twenty 20) years of employment
vacation accrual 192 hours per year), the maximum amount of
vacation that may be accumulated shall be 384 hours.
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 will be given an extension in order to take his/her vacation. In cases
where the employee forfeits vacation leave time at the request of the City, upon
approval of the Chief Executive Officer or designated representative(s), said employee
shall be compensated for forfeited vacation leave time at the employee's current rate of
pay. It is the employee's responsibility to schedule vacation time well in advance to
avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be notified on a quarterly basis of their current and potential
maximum vacation hours 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.
Sick Leave
Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall
be debited on an hourly basis.
Effective September 7, 1994, each eligible affected 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 affected employee wishes to elect a
maximum leave accrual level that is at a higher level than their currently accrued sick
leave hours, they may do so.
The maximum accrual election by the affected employee will be irrevocable.
Once the election is made by the employee, such excess hours will be removed form
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 no less than 50% of the total
Confidential Employees Association MOU 2004/2007 4
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2004 068 CC RESO ¬Ù j value no more than 75% of the total value, with the timing and method 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 unused sick leave.
Annual Sick Leave Incentive
Sick leave shall accrue on a biweekly hourly basis and shall be debited on an
hourly usage basis. Each January 1, eligible employees will commence to accrue sick
leave hours above their prior elected sick leave hours bank 300, 600 or 900). At the
close of the calendar year, each eligible employee will receive 50% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
Bereavement Leave
Each affected classification shall receive the equivalent of their workweek per
incident, as needed, because of a death in their immediate family. Immediate family
shall mean and include only the employee's spouse, children, step-children,
grandchildren, foster children, parents, brother, sisters, grandparents. State Registered
Domestic Partner, spouse's parents, and spouse's grandparents. Said time will not be
cumulative from one month to another, nor will pay in lieu of unused leave for
bereavement be provided.
Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules shall not be granted additional compensation when such leave extends beyond
the employees regularly scheduled four 4) work days per week to his/her Friday" day
off.
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 employees regularly scheduled four 4) work days per week to his/her Friday" off.
Confidential Employees Association MOU 2004/2007 5
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2004 068 CC RESO ¬Ù j Training/Conference Leave
When an employee is scheduled to attend a conference or training program
Monday through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday
through Friday, so there is no issue that he/she is eligible for overtime while attending
the conference or training.
Injury on Duty
Any employee who is injured within the scope of employment with the City
will receive workers compensation benefits as provided for under the California Labor
Code. While any employee is on injury on duty IOD) 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.
Holidays
a. The following days shall be observed as holidays.
January 1st; the third Monday in February; the last Monday in May; July 4th; the
first Monday in September; November 11th; the fourth Thursday in November;
December 24th; December 25th, and such other days as may be designated as holidays
by motion of the City Council.
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.
Floating Holidays
On January 1st of each year, each affected employee will be credited with ten
10) hours leave for observance of Martin Luther King Day and ten 10) hours leave for
observance of Cesar Chavez Day, for a total of twenty 20) hours.
Holiday Bank
At the beginning of each calendar year, the City will determine how many of the
above stated set holidays fall on a Friday and/or Saturday. An employee will be
credited with an equivalent number of hours of holiday time holiday bank"). The above
stated Floating Holidays will also be credited to the holiday bank".
The times during which an employee may take his/her holiday bank hours shall
be approved by the department head with due regard for the wishes of the employee
and for the needs of service. This leave shall be used in increments of the employee's
work schedule, e.g., 8, 9, 10 or 12 hours. Employees may also be permitted to take
Confidential Employees Association MOU 2004/2007 6
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2004 068 CC RESO ¬Ù j
Holiday leave in hourly increments. Employees may accumulate up to a maximum of
one hundred 100) hours of holiday bank time.
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 will 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.
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
bank. administrative 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.
Effective July 1, 2004, a Seven Step Compensation Plan 5% between steps)
shall be adopted by the City Council and made a part hereof, and will be on file with the
Personnel/Risk Manager or designated representative(s). Such Compensation Plan
may be amended or revised at the discretion of the City Council subject to the meet and
confer process.
Employees who receive a minimum overall performance rating of Competent up
to a maximum overall performance rating of Superior shall be eligible to receive a one
1) step advancement within their classification and shall be retroactive to July 1, 2004.
Life Insurance
The City will provide term life insurance in the face amount of $25,000 at the
City's expense.
Vision Plan Coverage
The City will provide a vision plan to all affected employees, and will contribute
up to a maximum premium cost of $32.12 per month. Any premium increase in excess
of $32.12 per month shall be absorbed by the employee.
Confidential Employees Association MOU 2004/2007
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2004 068 CC RESO ¬Ù j Other Insurance
Effective during the payroll period commencing January 2, 2005, the City will
contribute to each employee a sum not to exceed the following towards benefits as
detailed in this section.
January 2, 2005 through July 2, 2005
July 3, 2005 through July 1, 2006
July 2, 2006 through June 30, 2007
June 30. 2007
$750.00/month
$800.00/month
$900.00/month
$950.00/month
The employee is required to maintain a minimum coverage for him/her self in a
plan of their choice unless the employee can show proof 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 contribution, such employee
will have an option to have the excess monies placed toward 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.
Retirement
That the City will pay 100% of the employer's contribution to the Cal P.E.R.S.
retirement program and provide retirement benefits as currently specified under the
City's contract with the California Public Employees' Retirement System.
The City will continue to pay the current employee's contribution of seven percent
7%) of the employee's base salary to the Public Employees' Retirement System in
addition to the allocated percentages listed below for the increase to normal cost
difference between 2% 55 and 2.7% 55 retirement formulas).
Confidential Employees Association MOU 2004/2007 8
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2004 068 CC RESO ¬Ù j
2004 068 CC RESO ¬Ù j
Disciplinary Appeal Procedure
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.
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 Confidential employees recognize 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 Confidential employees will be notified of these proposed
accommodations prior to implementation by the City.
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
requirement accommodations for an individual protected by the Act. the City will provide
the Confidential employees with written notice of its intent to set aside the provision, and
will allow the Confidential Employees the opportunity to discuss options to setting aside
of any provision.
Alcohol and Drug Abuse Policy
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.
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's property, at work locations, or while on
Confidential Employees Association MOU 2004/2007 10
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2004 068 CC RESO ¬Ù j 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 employees 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 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 City is committed to providing a reasonable opportunity for rehabilitation for
those employees whose drug or alcohol problem classifies them as handicapped under
federal and/or state law.
Persons whose use of drugs or alcohol prohibits them from performing 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.
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 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 and prescription
drugs without a prescription) during working hours or at anytime while on City
property.
4. Not directly or through a third party sell or provide illegal drugs to any person,
including any employee, while either employee or both employees are on duty.
Confidential Employees Association MOU 2004/2007 11
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2004 068 CC RESO ¬Ù j 5. Notify his/her supervisor, before beginning work, when having consumed alcohol
or when taking any medications or drugs, 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.
7. Report to the supervisor when they have knowledge of objective evidence other
employees may be under the influence of drugs 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 contracting/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. Extended time off, leave with or without pay, sick leave benefits and return to
work releases will be handled as for any other medical condition, unless there
are extenuating circumstances related to any pending corrective action.
6. To maintain strict confidentiality on all matters arising under the provisions of this
policy. Medical information, if necessitated, will be maintained by Personnel
Services in separate, secured files.
7. 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.
Confidential Employees Association MOU 2004/2007 12
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2004 068 CC RESO ¬Ù j 8. 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, Executive Team and Personnel Officer.
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:
18.1 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 or City-
owned premises, nor any building owned in part by the Baldwin Park Redevelopment
Agency, which is also partly owned by private individuals or an 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.
Confidential Employees Association MOU 2004/2007 13
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2004 068 CC RESO ¬Ù j 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 therefrom.
18.2 Policy
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.
18.3 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 Personnel/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.
Confidential Employees Association MOU 2004/2007 14
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2004 068 CC RESO ¬Ù j IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding the day, month and year
noted.
BALDWIN PARK CONFIDENTIAL
EMPLOYEES ASSOCIATION
CITY OF BALDWIN PARK
aMjuy^A^i^/^^a^
Kathleen S^ssman, Representative
Sid Mousavi
Interim Chief Executive Officer
Snaron Thompson, Representative
boM
k._
r?-r
Gip^ Knighi, Personnel/l^ts^ Manager
Date
Confidential Employees Association MOD 2004/2007 15
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Effective July 1, 2005, the City will amend the City's contract with the Public
Employees' Retirement System PERS) to provide benefits at the 2.7% at 55 formula for
the Local Miscellaneous Employees and to incorporate employee shared participation
towards the contributions of said retirement benefit The employee shared participation
of contributions shall be implemented as follows:
On July 1, 2005 Employees will pay 100% of the 6.766% increase to normal
cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base
salary. The employee's cost will be reflected on the pay period ending date of July 2,
2005, pay date of July 7, 2005.
On July 1, 2006 Employees will pay 5% and the City will pay 1.766% increase
to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of
their base salary. The employee's cost will be reflected on the pay period ending date
of July 1, 2006, pay date of July 6, 2006.
On June 30, 2007 Employees will pay 3% and the City will pay 3.766%
increase to normal cost difference between 2% 55 and 2.7% 55 retirement
formulas) of their base salary. The employee's cost will be reflected on the pay period
ending date of June 30, 2007, pay date of July 5, 2007.
All such employee contributions shall be deposited in the member's retirement
account.
Long-Term Disability
That the City will pay 100% of the employee premium toward a long-term
disability program as provided by the City of Baldwin Park. Effective March 1, 1993, the
plan will be amended to provide benefits commencing on the 31st day of non-work
related injury or illness, and employees will be eligible to receive a maximum benefit of
66 2/3 of their current base salary up to a maximum of $5,000 per month.
Bilingual Pay
The City shall pay an additional seventy-five $75.00) per month to a person who
is capable of speaking, reading, writing and/or interpreting the languages of Spanish,
Chinese. Japanese. Vietnamese, Tagalog and signing. Determination of capability shall
be made by qualifying tests established by the City. Determination of which positions
are eligible for bilingual pay shall be made by the Executive Team.
Sick Leave Conversion Research
The City agrees to research CalPERS Section 20965, Credit for Unused Sick
Leave as another sick leave incentive. The City will share the results with members of
this unit no later than June 30, 2005.
Confidential Employees Association MOU 2004/2007 9
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