Loading...
HomeMy WebLinkAbout2007 064 CC RESO2007 064 CC RESOHÄ—@¸—á„Í«RESOLUTION NO. 2007- 064 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 CEA) YEARS 2007 2008 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 Understai1jor, prepared by said representatives has been presented to the City Council for nd 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 Chief Executive Officer and Human Resources 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, 2007 through June 30, 2008. 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 Resolutions or portions thereof in conflict hereby are hereby repealed.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 certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 17th d BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, 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 its regular meeting of the 17k" day of October 2007, by the following vote: AYES: COUNCIL MEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AURA M. NIETO DEPUTY CITY CLERK Confidential Employees Association MOU 2007-2008 2 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 3 EXHIBIT A CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2007 2008 BY AND BETWEEN THE CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION AND THE CITY OF BALDWIN PARK This Memorandum of Understanding is made and entered into this 17th day of October 2007, 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 Memorandum of Understanding 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, 2007 through June 30, 2008, unless otherwise provided.. 2. That the Classified Confidential Employees Association, composed of the classified services employees in the positions of Executive Secretary, Personnel Technician, Senior Human Resources Analyst and Deputy City Clerk did successfully and in good faith complete negotiations; and 3. The City agrees to commence the meet and confer process for the next contract during the month of March 2008. 2:4. 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, Confidential Employees Association MOU 2007-2008 3 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 4 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. Workday Employees 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) 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. Confidential Employees Association MOU 2007-2008 4 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 5 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 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. Confidential Employees Association MOU 2007-2008 5 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 6 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 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. Confidential Employees Association MOU 2007-2008 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 7 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 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 2007-2008 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 8 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 2007-2008 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„ Í«Resolution No. 2007-064 Page 9 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. Salary 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. Effective July 1, 2007, the unadjusted the salary rate set forth in the City salary matrices the rates without adjustment for bonuses or any other benefits, including but not limited to City paid employee CalPers contributions) base salary rates for classifications designated as classified confidential employees shall be increased by 2.5%. Life Insurance The City will provide term life insurance in the face amount of $50,000 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 2007-2008 9 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„ Í«Resolution No. 2007-064 Page 10 Other Insurance Effective during the payroll period commencing June 30, 2007, the City will contribute to each employee a sum not to exceed the $950.00/month towards benefits as detailed in this section. 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). 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: Confidential Employees Association MOU 2007-2008 10 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„ Í«Resolution No. 2007-064 Page 11 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 Effective July 1, 2007, the City shall pay an additional 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. 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 CaIPERS 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, 2008. 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 Confidential Employees Association MOU 2007-2008 11 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„ 2007 064 CC RESOHÄ—@¸—á„ Í«Resolution No. 2007-064 Page 13 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's 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 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. 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. Confidential Employees Association MOU 2007-2008 13 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 14 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 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. 5-6. 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. Confidential Employees Association MOU 2007-2008 14 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í« Resolution No. 2007-064 Page 15 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. 678. 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 Confidential Employees Association MOU 2007-2008 15 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 16 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. 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 Human Resources 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. Limited Reopener The purpose of this reopener shall be limited to proposed modifications in existing MOU language. The reopener shall not result in any increase or decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non-compensation related policies and procedures. The City shall provide written notice to the Association of its intent to invoke this section, and a description of the precise language changes that are proposed. City-proposed language changes shall not be implemented without completion of the meet and confer process and as appropriate, completion of any impasse-resolution procedures. Confidential Employees Association MOU 2007-2008 16 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«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 sa De Torfe,/Representative 10/,0%-7 Date CITY OF BALDWIN PARK py'Singhal ief Execut' e 0 10116)10-7 Date Confidential Employees Association MOU 2007-2008 17 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 064 CC RESOHÄ—@¸—á„Í«Resolution No. 2007-064 Page 18 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 Limited Reopener Page 3 4 9 9 9 10 10 11 11 11 12 12 12 15 16 Confidential Employees Association MOU 2007-2008 18 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 Í«Resolution No. 2007-064 Page 12 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. Confidential Employees Association MOU 2007-2008 12 BIB] 39482-U01 2007-U02 064-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112866-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04