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HomeMy WebLinkAbout2004 069 CC RESO2004 069 CC RESO¬Ù€$RESOLUTION NO. 2004-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION PROVIDING FOR EMPLOYEES REPRESENTED BY THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION. YEARS 2004 2007 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Classified Management Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Interim Chief Executive Officer and Personnel/Risk Manager to sign the Memorandum of Understanding between the Classified Management Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the Classified Management Employees Association is hereby effective for the period of July 1, 2004 through June 30, 2007. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy hereof to each Department Head and the Personnel/Risk Manager PASSED AND APPROVED this 29th day of September, 2004 /^^^_____ AhfUff- LOZANO MAYOR BANNED BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$Resolution 2004-069 Page 2 of 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK 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 Manue!Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None r^A^HU^^--^ a^ /^Qoj^yigt KATHLEEN R.^ESSMAN DEPUTY CITY CLERK BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$INDEX Direct Wage Payments Salary insurance/Supplemental Wage Payments Benefits Plan Vision Plan Life Insurance Dental Plan Enhancement Long Term Disability Retirement Bilingual Pay Monthly Cellular Phone Allowance Attendance and Leaves Sick Leave Annual Sick Leave Incentive Bereavement Leave Vacation Administrative Leave Holidays Floating Holidays Holiday Bank Military Leave Jury Duty Training/Conference Leave Injury on Duty Work Schedules Experimental 4/10 Plan Workday Hours of Work Overtime Overtime Compensation New Fair Labor Standards Act Regulations Policies and Procedures Pay Periods Disciplinary Appeal Procedures American's With Disabilities Act Alcohol and Drug Abuse Policy Smoke Free Workplace BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$EXHIBIT A CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2004 2007 BY AND BETWEEN THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION 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 Management Employees Association. The parties hereto do agree as follows: 1. RECITALS. This Memorandum of Understanding is made and entered into with respect to the following facts: a. That the Management Employees Association, composed of the classified services employees in the positions of Accounting Manager, Community Development Manager, Assistant Public Works Director, City Planner, Assistant to the CEO, and Chief Deputy City Clerk did successfully and in good faith complete negotiations; and 2. That the signatory parties hereto reached agreement on the following items regarding wages, hours and working conditions: Direct Wage Payments 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. Insurance/Supplemental Wage Payments Benefits Plan 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. BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$January 2, 2005 through July 2, 2005 $750.00/month July 3, 2005 through July 1, 2006 $800.00/month July 2, 2006 through June 30, 2007 $900.00/month July 1,2007 $950.00/month The employee is required to maintain a minimum coverage for him/herself 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. Vision Plan 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. If the premium exceeds this amount, then the employee shall be responsible to pay the difference in excess of $32.12. Life Insurance The City will provide term life insurance in the face amount of $50,000, effective January 1.2005. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Dental Plan Enhancement Effective June 1, 1993. the City will provide for the dental plan enhancement of orthodontics to the Reimbursable Plan Choice" of the City's dual choice dental plan. Additional cost for this enhancement will be paid for by the City. Those affected individuals 2 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$currently enrolled in the Pre-paid Plan Choice" presently receive this benefit. Long-Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Personnel Office. Effective June 1. 1993, affected employees will be eligible to receive 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 $5,000 per month. Retirement The City will pay 100% of the employer's contribution to the P.E.R.S. retirement program and provide retirement benefits as currently specified under the City's contract with the Public Employees' Retirement System. Effective July 1, 2005, the City will amend the City's contract with the Public Employees' Retirement System PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contributions of said retirement benefit. The employee shared participation of contributions shall be implemented as follows: On July 1, 2005 Employees will pay 100% of the 6.766% increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 2, 2005. On July 1, 2006 Employees will pay 5% and the City will pay 1.766% increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 1,2006. On June 30,2007 Employees will pay 3% and the City will pay 3.766% increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of June 30,2007. All such employee contributions shall be deposited in the member's retirement account. The City will continue to pay the current employee's contribution of seven percent 7%) of the employee's base salary to the Public Employees' Retirement System in addition to the allocated percentages for the increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas). 3 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$Bilingual Pay Effective July 5, 2005. the City agrees to increase the bilingual pay amount from seventy-five dollars $75.00) to one hundred dollars $100.00) 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. Qualifying tests established by the City shall make determination of capability. Re-testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of Good" or better will be eligible for Bi-lingual pay. Monthly Phone Allowance Effective July 4, 2004, the City agrees to implement a monthly cellular telephone allowance of $40.00 per month. Attendance and Leaves Sick Leave Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible affected employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible affected employee wishes to elect a maximum sick leave accrual level that is at a higher level than their currently accrued sick leave hours, they may do so. The maximum accrual elected by the affected employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at no less than 50% of the total value nor more than 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for unused sick leave. Annual Sick Leave Incentive Sick leave shall accrue on a biweekly hourly basis and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank 300,600 or 900). At the close of the calendar year, each eligible employee will receive 50% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. 4 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, step-children, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Leave 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. 5 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$ 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 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 appointing authority with due regard for the wishes of the employee and for the needs of the service. 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. Administrative Leave Effective July 1,2004, each employee shall receive a maximum of fifty 50) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. 6 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$ Unused time 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. Holidays For employees working a 4/10 plan. 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 designed as Holidays by motion of the City Council. If any of the foregoing holidays fall 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 Employees working a 4/10 plan will receive two 2) ten 10) hour days of floating leave, for a total of 20 hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the 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"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the employee's appointing authority. This holiday bank leave can be used in hourly increments and combined with other leave. The 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 not 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. BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$ 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. 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) days per week to his/her Friday" day off. 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 additional compensation while attending the conference or training. Injury on Duty While any employee is on injury on duty status, 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 additional compensation while receiving treatment or keeping doctor's appointments. Work Schedules Experimental 4/10 Plan The City agreed to implement an experimental 4/10 plan for all management employees assigned to City Hall effective September 27, 1992. The management employees recognize that the City may. at its sole discretion, end the 4/10 plan at anytime. The termination of such 4/10 plan is not subject to the grievance process or any other administrative review. The management 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 MOD, implementation of that management right shall result in the City engaging the meet and confer process as to the effects of exercising its management right. 8 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$ 2004 069 CC RESO¬Ù€$ American's 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 group 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 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 required accommodations for an individual protected by the Act, the City will provide the group with written notice of its intent to set aside the provision, and will allow the group the opportunity to discuss options to setting aside of any provisions. 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 unlawful possession of alcohol or illegal drugs while on city property, at work locations, or while on duty; shall not utilize such substances when they are assigned to be on call 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 illegal 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 medication or drugs including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an 10 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$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 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. 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 unlawful possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform 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, unless authorized by the Police Department; 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; 5. Notify his/her supervisor, before beginning work. when having consumed alcohol or when taking any medications or drugs, prescription or non-prescription, which the employee believes 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; 11 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$7. Report to the supervisor when they have knowledge of objective evidence that 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 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 the Personnel Services in separate, secured files. 6. 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. 7. 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 Personnel/Risk Manager. 12 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$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 work place. 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 Community Development Commission, 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. 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. 13 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$18.2 Policy This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of city-owned buildings and city- owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. 18.3 Procedure The Maintenance Division shall be responsible for posting and maintaining all signs in accordance with the standards approved by the Executive Team. Signs in private offices shall be the responsibility of the office occupant. No Smoking" signs shall be available from the Maintenance Division. Those managers and supervisors closest to employee worksites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Personnel/Risk Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afford by this policy. Duration of Memorandum This Agreement shall be in full force and effect, when approved by City Council, through June 30, 2007. 14 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 2004 069 CC RESO¬Ù€$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 MANAGEMENT EMPLOYEES ASSOCIATION Iw^^^^ ArjahJdnam, Representative CITY OF BALDWIN PARK L^^7. /^^ Sid Mousavi Interim Chief Executive Officer Rosemary Ramirez, Representative Gina Knight, Personnel/Risk Manager Kara Bouton, Representative Date 15 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04 Workday Management employees assigned to City Hall, shall have a standard workday consisting of ten 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) minutes 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 Management employees assigned to City Hall shall work Monday through Thursday, 7:30 a.m. to 6:00 p.m. Overtime Overtime Compensation Management employees shall not be eligible for overtime compensation in any form. New Fair Labor Standards Act Regulations The City agrees that in the event the Department of Labor issues new or revised interpretative regulations defining what is and what is not compensable hours of work. the City shall amend any affected provisions of this language to comply with such regulations. The management employees recognize that there will be no retroactive application of such regulations under this Memorandum of Understanding unless so provided by the regulations or courts. Policies and Procedures Pay Periods The pay periods and times of delivery of payroll checks for all employees shall be set by the Executive Team. Disciplinary Appeal Procedures Classifications represented by the group will be subject to the disciplinary procedures as set forth in Section 14 of the Personnel Rules. 9 BIB] 38308-U01 2004-U02 069-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO35399-U03 DO54787-U03 C6-U03 RESO-U03 10/5/2004-U04 ROBIN-U04