HomeMy WebLinkAbout2004 070 CC RESO2004 070 CC RESO ö˜Ðw`òÕw¢ V f
RESOLUTION NO. 2004-070
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 BALDWIN PARK PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION PROVIDING FOR EMPLOYEES
REPRESENTED BY THE BALDWIN PARK PROFESSIONAL AND
TECHNICAL 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 Baldwin Park Professional and
Technical 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 Baldwin Park Professional and Technical
Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The
Memorandum of Understanding for employees represented by the Baldwin Park Professional
and Technical 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 Resolutions or portions thereof in conflict hereby are hereby repealed.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.
/41ANU LOZANO
MAYOR
2004 070 CC RESO ö˜Ðw`òÕw¢ V Resolution 2004-070
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
Manuel Lozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
A^- P-Pol
KATHLEEN R'SESSMAN
DEPUTY CITY CLERK
2004 070 CC RESO ö˜Ðw`òÕw¢ V INDEX
Page
Section 1 Rights and Recognition
1.1 Recognition 2
1.2 Duration of Memorandum 2
1.3 Scope 2
1.4 Non-discrimination 3
1.5 Full Understanding, Modifications, and Waiver 3
1.6 No Strike; No Lock Out 4
1.7 Savings Clause 4
Section 2 Fair Labor Standards Act Provisions
2.1 Compensatory Time Designated Classifications 5
2.2 Work Period 5
2.3 Overtime 5
Section 3 Work Schedules
3.1 Experimental 4/10 Plan 7
3.2 Workday 8
Section 4 Attendance and Leaves
4.1 Hours of Work 9
4.2 Sick Leave 9
4.3 Vacation 10
4.4 Holidays 4/10 employees) 12
Floating Holidays 4/10 employees) 13
Holidays 9/80 employees) 13
Floating Holidays 9/80 employees) 13
Holidays 5/40 employees) 13
Floating Holidays 5/40 employees) 13
4.5 Holiday Bank 14
4.6 Bereavement Leave 14
4.7 Military Leave 15
4.8 Jury Duty 15
4.9 Training/Conference Leave 15
4.10 Injury on Duty 15
i
2004 070 CC RESO ö˜Ðw`òÕw¢ V INDEX
Page
Section 5 Direct Wage Payments
5.1 Salary 16
Section 6 Insurances/Supplemental Wage Payments
6.1 Life Insurance 16
6.2 Vision Plan Coverage 16
6.3 Health/Dental Insurances 16
6.4 Retirement 17
6.5 Long-Term Disability 18
6.6 Bilingual Pay 18
6.7 Deferred Compensation 18
Section 7 Policies and Procedures
7.1 Written Warnings/Reprimands 19
7.2 Dues Authorization 19
7.3 Acting Pay 19
7.4 American's With Disabilities Act 19
7.5 Alcohol and Drug Abuse Policy 20
7.6 Smoke Free Workplace 22
7.7 Layoff Policy 24
7.8 Labor Management Health Insurance Committee 24
I
2004 070 CC RESO ö˜Ðw`òÕw¢ V EXHIBIT A
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2004-2007
BY AND BETWEEN
THE BALDWIN PARK PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
AND
THE CITY OF BALDWIN PARK
Preamble
The City of Baldwin Park, a municipal corporation, and the Baldwin Park Professional
and Technical Employees Association, a recognized employee organization, have been
meeting and conferring consistent with Section 3500 et seq., of the Government Code and
have reached agreement as a result of such meetings.
It is the intent and purpose of the Memorandum to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and other terms
and conditions of employment.
It is recognized the signatories to this Memorandum of Understanding and Agreement
representing the City and the Association that they, in accordance with Section 3505.1 of the
California Government Code, shall jointly prepare a written memorandum of such
understanding which shall not be binding, and present it to the governing body or its statutory
representative for determination".
Professional and Technical MOU 2004/2007
2004 070 CC RESO ö˜Ðw`òÕw¢ V r
Section 1 Rights and Recognition
1.1 Recognition
In accordance with provisions of the Meyers-Milias-Brown Act of the State of
California and provisions of the Employer-Employee Relations Resolution No. 96-51, the City
acknowledges the Baldwin Park Professional and Technical Employees Association as a
recognized employee organization for the purpose of meeting and conferring regarding
wages, hours and other terms and conditions of employment for those employees in certain
specified classifications referred to in Section 5 of Resolution No. 96-51.
1.2 Duration of Memorandum
Except as may be otherwise specifically provided herein, the ordinances/resolutions
and other changes to implement this Memorandum shall become effective on July 1, 2004
and shall remain in effect through June 30, 2007.
This Memorandum shall in all respects be subject and subordinate to the provisions of
the Baldwin Park Municipal Code and statutory provisions of the Federal Government and
the State of California in effect at the time of the execution of this Memorandum.
1.3 Scope
The scope of representation shall include all matters relating to wages, hours and
other terms and conditions of employment, except however, that the scope of representation
shall not include consideration of the merits, necessity, or organization of any service or
activity provided by law or executive order; which shall include but not be limited to the right
of the City to: direct, supervise, hire, promote, suspend and retain employees; relieve
employees from duties because of lack of work or funds, or under conditions where the
employer determines continued work would be inefficient or non-productive; determines
services to be rendered, operations to be performed, utilization of technology, and overall
budgetary matters; determine the methods, processes, means, job classifications, and
personnel by which government operations are to be performed and conducted; determine
the overall mission of the unit of government; maintain and improve the efficiency and
effectiveness of government operations; take any necessary actions to carry out the mission
of the City in situations of emergency; and take whatever other actions may be necessary to
carry out the wishes of the public not otherwise specified above or by collective agreement.
Professional and Technical MOU 2004/2007 2
2004 070 CC RESO ö˜Ðw`òÕw¢ V 1.4 Non-discrimination
The provisions of the Memorandum shall be applied equally to all employees without
unlawful discrimination as to age, sex, 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 both sexes, and
whenever one gender is used it shall be construed to include both, where appropriate.
Consistent with Section 3502 of the California Government Code, the parties adhere
to the State law which provides that:
Except as otherwise provided by Legislature, public employees shall have the right to
form, join and participate in activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee relations. Public employees
also shall have the right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves individually in their
employment relations with the public agency. The City and the Association agree not to
interfere with the aforesaid right.
1.5 Full Understanding, Modifications, and Waiver
It is intended that this Agreement sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and any other prior or existing understanding
or agreement by the parties, whether formal or informal, regarding any such matters are
hereby 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 or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Professional and Technical MOU 2004/2007 3
2004 070 CC RESO ö˜Ðw`òÕw¢ V 1.6 No Strike: No Lock Out
The Association agrees that neither the employees it represents, or any person acting
in concert with them, will cause, sanction, or take part in any strike, walkout, sitdown,
slowdown, stoppage of work, picketing, retarding of work, abnormal absenteeism,
withholding of services, or any other action against the City that would impede the proper
functioning of the City government at any time.
Violation of any provision of this Section by the Association shall be cause for the City
terminating this Agreement upon the giving of written notice to this effect to the President of
the Association, in addition to whatever other remedies may be available to the City at law or
in equity.
Violation of any of the provisions of this Section by an employee shall be just cause
for the imposition of disciplinary action up to and including termination, in addition to
whatever other remedies may be available to the City at law or in equity. No employee shall
receive any portion of his or her regular salary or benefits while engaging in activity in
violation of this Section. The City agrees that it will not lock out any employee at any time.
1.7 Savings Clause
This Memorandum of Understanding is subject to all applicable Federal, State and
City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City
Council. If any part of the provisions of this Memorandum of Understanding is in conflict or
inconsistent with such applicable provisions of Federal, State or City laws, ordinances,
resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provisions shall be suspended and superseded by such applicable
law or regulations, and the remainder of this Memorandum of Understanding shall not be
affected thereby. The parties shall enter the Meet and Confer process immediately for the
purpose of arriving at a mutually satisfactory replacement of such part or provision.
Professional and Technical MOU 2004/2007 4
2004 070 CC RESO ö˜Ðw`òÕw¢ V SECTION 2 Fair Labor Standards Act Provisions
2.1 Compensatory Time Designated Classifications
Although the following classifications are part of the Professional and Technical
Employees Association, for purposes of the Fair Labor Standards Act, they are designated
to only receive compensatory time.
Accountant
Accounting Supervisor
Assistant Planner
Associate Planner
Building Official
Engineering Assistant
Engineering Associate
Housing Programs Coordinator
Information Services Technician
Information Systems Supervisor
Plan Check Engineer
Principal Planner
Program Supervisor
Senior Accountant
2.2 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.
2.3 Overtime
A. All employees, except those designated to only receive compensatory time)
required to perform in excess of the standard work period of forty 40) hours in a seven 7)
day cycle shall receive compensation at the rate of time and one-half his/her base pay of
pay, plus bilingual pay.
B. 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.
Professional and Technical MOU 2004/2007 5
2004 070 CC RESO ö˜Ðw`òÕw¢ V
C. 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.
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.
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.
D. 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:
Jury Duty Administrative Leave
Bereavement Leave Sick Leave
Military Leave Worker's Compensation Leave IOD)
E. 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.
Professional and Technical MOU 2004/2007 6
2004 070 CC RESO ö˜Ðw`òÕw¢ V F. 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.
G. Work performed at the Baldwin Park Anniversary Parade, 4t' 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 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.
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.
H. Travel time to and from the training facility outside an employee's normal work
shift is not compensable hours of work.
I. 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.
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.
SECTION 3 Work Schedules
3.1 Experimental 4/10 Plan
The City agreed to implement an experimental 4/10 plan for all professional and
technical employees assigned to City Hall effective September 27, 1992 and for all
professional and technical employees assigned to the Community Center effective April 12,
1993. The City agreed to implement an experimental 9/80 plan for all employees assigned
to the Maintenance Facility effective April 12, 1993. The Professional & Technical
Professional and Technical MOU 2004/2007 7
2004 070 CC RESO ö˜Ðw`òÕw¢ V
2004 070 CC RESO ö˜Ðw`òÕw¢ V
Employees 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 nine 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 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.
SECTION 4 Attendance and Leaves
4.1 Hours of Work
Employees assigned to a 4/10 work week shall normally work Monday through
Thursday, 7:30 a.m. to 6:00 p.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, 6:30 a.m. to 4:00 p.m. and on each scheduled Friday shall work, 6:30 a.m. to 3:00
p.m. however, employees may work a flexible 9/80 plan dependent upon their work
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.
4.2 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 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.
Professional and Technical MOU 2004/2007 9
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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 methods of payment to be determined
by the City. This segment of the sick leave incentive program will remain open for
discussion with all affected employee groups until all details are finalized.
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.
Annual Sick Leave Incentive
Sick leave shall accrue on an hourly basis of eight 8) hours per month 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.
4.3 Vacation
The general policy and accrual levels of vacation will be as set forth in Section 11.3 of the
Personnel Rules.
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, in accordance with the detailed accrual levels in Section
11.3 of the Personnel Rules.
Professional and Technical MOU 2004/2007 10
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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.
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.
Professional and Technical MOU 2004/2007
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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
appointing authority and the Executive Team, 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 appointing authority. 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. Each
January 1, such 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 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.
4.4 Holidays
For affected employees working a 4/10-work schedule, the following days shall be
observed as holidays:
January 1 st; the third in 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.
Professional and Technical MOU 2004/2007 12
2004 070 CC RESO ö˜Ðw`òÕw¢ V Floating Holidays
On January 1 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 a total of
twenty 20) hours.
Holidays
For affected employees working a 9/80-work schedule, the following days shall be
observed as holidays:
January 1st; the third in Monday in February; the last Monday in May; July 4th; the
first Monday in September; November 11th; the fourth Thursday in November; the day
following 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 1 of each year, each affected employee will be credited with nine 9)
hours leave for observance of Martin Luther King Day, and nine 9) hours leave, for a total of
eighteen 18) hours.
Holidays
For affected employees working a 5/40-work schedule, the following days shall be
observed as holidays.
January 1 st; the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11th, the fourth Thursday in November; the day after 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 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.
Floating Holidays
Employees working a 5/40 plan will receive three 3) eight 8) hour days of floating
leave, for a total of 24 hours.
Professional and Technical MOU 2004/2007 13
2004 070 CC RESO ö˜Ðw`òÕw¢ V 4.5 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. This leave shall be used in increments equivalent to the
employee's workday, i.e. 8, 9 or 10 hours. Employees may accumulate up to a maximum of
one hundred 100) hours of holiday bank time. 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 the sole direction of the
City to determine when such a modified accounting process can be reasonably
implemented.
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.
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,
compensatory 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.
4.6 Bereavement Leave
Each affected employee in the covered classifications 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
Employee's: Spouse, Children, Brother's & Sisters, Parents, Grandparents, Step-children,
foster children, grandchildren, and State registered domestic partners.
Professional and Technical MOU 2004/2007 14
2004 070 CC RESO ö˜Ðw`òÕw¢ V Spouses: Parents & 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.
4.7 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 workweek.
4.8 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 workweek.
4.9 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.
4.10 Iniury 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.
Professional and Technical MOU 2004/2007 15
2004 070 CC RESO ö˜Ðw`òÕw¢ V SECTION 5 Direct Wage Payments
5.1 Salarv
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 well 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.
SECTION 6 Insurances/Supplemental Wage Payments
6.1 Life Insurance
The City will provide term life insurance in the face amount of $50,000,
effective November 1, 2004.
6.2 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. If the premium exceeds this amount,
then the employee shall be responsible to pay the difference in excess of $32.12.
6.3 Health/Dental Insurances
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 $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/her self in a health
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 health
insurance premium is less than the City's monthly benefit contribution such employee will
have an option to have the excess monies placed toward an existing benefit program.
Professional and Technical MOU 2004/2007 16
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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.
6.4 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.
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 as listed below for the increase to normal cost difference
between 2% 55 and 2.7% 55 retirement formulas).
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's 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.
Professional and Technical MOU 2004/2007 17
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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.
6.5 Lona-Term Disability
That the City will provide a long-term disability insurance program as set forth in the
plan on file in the Personnel Services Office. 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. The plan is on file in the
Personnel Services Office.
6.6 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.
6.7 Deferred Compensation
The City currently offers two 2) established deferred compensation providers to its
employees. Deferred compensation is a voluntary program wherein employees may willfully
contribute a portion of their salary to the program of their choice. Prior to any changes in the
current program/providers, the City agrees to meet in good faith with the PTEA as part of the
meet and confer process.
Professional and Technical MOU 2004/2007 1 g
2004 070 CC RESO ö˜Ðw`òÕw¢ V SECTION 7 Policies and Procedures
7.1 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.
7.2 Dues Authorization
The City may deduct regular dues of employee members of the recognized employee
organization. Dues deduction shall be made only on the written authorization of the
employee. Dues deduction authorization may be canceled and the dues deduction
discontinued at any time by the employee upon voluntary written notice to the Personnel
Services Division.
7.3 Acting Pay
Section 4.4 of the Personnel Rules 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 of Section 4.4 shall apply only to the
members of the Professional and Technical Employees Association.
7.4 American's With Disability 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 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.
Professional and Technical MOU 2004/2007 19
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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.
7.5 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.
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 property, 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 medication and drugs)
which could foresee ably 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 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.
Professional and Technical MOU 2004/2007 20
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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;
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 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.
Professional and Technical MOU 2004/2007 21
2004 070 CC RESO ö˜Ðw`òÕw¢ V 3. Prepare and distribute to all employees, a summary of available benefits
through the various health plans. The information will 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 provisions of
this policy. Medical information, if necessitated, will be maintained by
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 Officer.
7.6 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 Redevelopment Agency which is also partly owned by a
Professional and Technical MOU 2004/2007 22
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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.
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 afforded by this policy.
Professional and Technical MOU 2004/2007 23
2004 070 CC RESO ö˜Ðw`òÕw¢ V 7.7 Layoff Policy
Notwithstanding the language contained in Section 13 of the Personnel Rules,
affected employees of this Association will be entitled to a minimum of three 3) months
health, dental and vision benefits paid for by the City, if a layoff process takes place.
7.8 Labor Management Health Insurance Committee
During the term of the MOU the parties agree to participate in meetings, the purpose
of which shall be to explore alternative health insurance plans and programs, which can
provide coverage equal to or greater than that, which is presently available, but at a cost to
both the City and the employee, which is less than the cost presently contributed by the City
and/or employee. The meetings shall not address issues regarding increased City funded
contributions to the employee of employer purchase of medical/health coverage. City
agrees to commence such meetings prior to the end of the first quarter of 2002.
Professional and Technical MOU 2004/2007 24
2004 070 CC RESO ö˜Ðw`òÕw¢ V 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 PROFESSIONAL CITY OF BALDWIN PARK
AND TECHNICAL EMPLOYEES
rt
Sid Mousavi, Interim CEO
G dalut6elVillela,Representative Gina Kni t, Person el/Risk Ma a r
I A\)AiLAGLJE- 1'
Elizabeth Distante, Representative
Date
Professional and Technical MOU 2004/2007
25
BIB]
38629-U01
2004-U02
070-U02
CC-U02
RESO-U02
LI3-U03
FO8417-U03
FO35399-U03
DO73328-U03
C6-U03
RESO-U03
09/21/2005-U04
ADMIN-U04
BIB]
38629-U01
2004-U02
070-U02
CC-U02
RESO-U02
LI3-U03
FO8417-U03
FO35399-U03
DO73328-U03
C6-U03
RESO-U03
09/21/2005-U04
ADMIN-U04