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HomeMy WebLinkAbout2008 050 CC RESO2008 050 CC RESOHÄ—@¸— ÍXÍ«RESOLUTION NO. 2008 050 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 PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION PTEA) YEARS 2008 2010 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Professional and Technical Employees Association to make equitable adjustments to wages and otherterms 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 Chief Executive Officer and Human Resources Manager to sign the Memorandum of Understanding between the 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 Professional and Technical Employees Association is hereby effective for the period of July 1, 2008 through June 30, 2010. 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 Resolutions or portions thereof in conflict hereby are hereby repealed.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 6th day of August, 2008. BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly aaproved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 6 day of August 2008, by the following vote: AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE L URA M. NIETO EPUTY CITY CLERK Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 3 EXHIBIT A CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2008 2010 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 otherterms 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 Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 4 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, 2008 and shall remain in effect through June 30, 2010. 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 Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 5 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 Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 6 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 Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 7 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. I n 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 Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 8 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 Bereavement Leave Military Leave Administrative Leave Sick 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 Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍX Í«Resolution 2008-050 Page 9 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 occurwhen 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, 4th of July and Community Picnic annual events will also be compensated at a premium overtime rate, irrespective of the total paid leave exclusions for the work period. Non-mandatory 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. 1. 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍX Í«Resolution 2008-050 Page 10 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 Employees Association recognizes that the City may, at its sole discretion, end the 4/10 plan at any time. The termination of such 4/10 plan or 9/80 plan is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 plan or 9/80 plan is not a vested right in any manner, and that the termination of such 4/10 plan or 9/80 plan is not subject to the meet and confer process or meet and consult process. The Association further recognizes that the implementation of the 4/10 and/or 9/80 plan does not create any additional overtime obligation for the City under the Fair Labor Standards Act. The City may adjust employees work periods as necessary so that their forty 40) hours of scheduled work does not overlap into another work period to avoid an overtime obligation. The City does agree however, that should either the 4/10 and/or 9/80 experimental work schedule be terminated, that benefit levels/accruals and working conditions that were modified to accommodate the alternate work schedule(s) will revert to the levels/accruals and working conditions in existence prior to September 27, 1992 or April 12, 1993. The Association does agree, that as a result of the reorganization of the Public Works Department, the positions of Public Works Operations Supervisor and Public Works Inspector are now represented by the Association, and that these positions will be assigned to a 9/80 schedule, whether assigned to the City Hall or the Maintenance Facility. 3.2 Workday Employees working the 4/10 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. Employees working the 9/80 shall have a standard four 4) days consisting of nine Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍX Í«Resolution 2008-050 Page 11 and one-half 9 1/2) hours, nine 9) hours of work time and thirty 30) minutes as a non-paid unrestricted meal period. Employees shall have a standard fifth day consisting of eight and one-half 8 1/2) hours, eight 8) hours of work time and thirty 30) minutes as a non-paid unrestricted meal period. 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍX 2008 050 CC RESOHÄ—@¸— ÍX Í«Resolution 2008-050 Page 13 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. 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 14 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 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 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; December Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 15 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 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 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; 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 16 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. 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. Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 17 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, Brothers & Sisters, Parents, Grandparents, Step-children, foster children, grandchildren, and State registered domestic partners. 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 juryduty 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/herwork 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 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. Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 18 4. 11 Industrial Iniury Benefits This language shall supersede that language in City Personnel Rule Section 11.5 which applies to NON-SWORN/MISCELLANEOUS employees. Said Personnel Rule language is superseded by this MOU provision and the applicable Personnel Rule language is null and void. Effective July 1, 2008, any non-sworn non-peace officer) employee injured in the course and scope of employment and whose injuries are subject to the Workers' Compensation laws of the State of California, shall be eligible to receive only those benefits provided to non-sworn non-peace officers) employees by the Workers' Compensation laws. Effective July 1, 2008, any non-sworn non-peace officer) employee receiving benefits pursuant to superseded Personnel Rule Section 11.5, shall immediately cease receipt of the benefits provided by the former Personnel Rule section, and shall receive only those benefits provided to non-sworn non-peace officer) employees by the Workers' Compensation laws." SECTION 5 Direct Wage Payments 5.1 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 well be on file with the Personnel/Risk Manager or designated representative(s). Such Compensation Plan maybe amended or revised at the discretion of the City Council subject to the meet and confer process. 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 the City paid employee CaIPERS contributions) base salary rates for classifications designated, as Professional and Technical Employees Association shall be increased as follows: Effective the first payroll period commencing on or after July 1, 2008 2.5% Effective the first payroll period commencing on or after July 1, 2009 2.5% Eligibility for retroactive payment is conditioned upon the affected unit member being employed by the City on the date of Council adoption of a 2008-2010 MOU. Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 19 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 $700.00/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. 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. Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 20 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. 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 Long-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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 21 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. 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 22 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. 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. Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 23 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. 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; Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 24 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. 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«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 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. Professional and Technical Employees Association MOU 2008-2010 25 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«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 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. 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. 7.9 Tuition Reimbursement Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the City Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time Professional and Technical Employees Association MOU 2008-2010 26 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«employees who have passed original probation shall be in an amount not to exceed $1,500 per fiscal year. Personnel Rule 2.8 shall be concurrently amended to provide that tuition reimbursement shall be allowed only as regards courses provided by an accredited college or university and in a field in study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. 7.10 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. Professional and Technical Employees Association MOU 2008-2010 27 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«Resolution 2008-050 Page 28 EXHIBIT A LETTER OF INTENT CITY OF BALDWIN PARK MEMORANUDM OF UNDERSTANDING 2008 2010 The City of Baldwin Park and the Professional and Technical Employees Association PTEA) agree to the following during the term of this Memorandum of Understanding: In accordance with Resolution Number 94 67 A Resolution of the City Council of the City of Baldwin Park establishing the reporting of the value of the employer paid member contributions as compensation using the special compensation approach Government Code Section 20023 C 4 The following is a statement of the change in reporting compensation to PERS: The City of Baldwin Park elected to pay 7% normal member contributions as employer paid members contributions EPMC) and report same percent to PERS as compensation". Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«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 AND TECHNICAL EMPLOYEES Mike Salas, Rep esentative CITY OF BALDWIN PARK Singh Eliza h Distante, Representative La Huma Resources Manager Date Professional and Technical Employees Association MOU 2008-2010 28 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«INDEX Page Section 1 Rights and Recognition 1.1 Recognition 4 1.2 Duration of Memorandum 4 1.3 Scope 4 1.4 Non-discrimination 5 1.5 Full Understanding, Modifications, and Waiver 5 1.6 No Strike; No Lock Out 6 1.7 Savings Clause 6 Section 2 Fair Labor Standards Act Provisions 2.1 Compensatory Time Designated Classifications 7 2.2 Work Period 7 2.3 Overtime 7 Section 3 Work Schedules 3.1 Experimental 4/10 Plan 9 3.2 Workday 10 Section 4 Attendance and Leaves 4.1 Hours of Work 11 4.2 Sick Leave 11 4.3 Vacation 12 4.4 Holidays 4/10 employees) 14 Floating Holidays 4/10 employees) 15 Holidays 9/80 employees) 15 Floating Holidays 9/80 employees) 15 Holidays 5/40 employees) 15 Floating Holidays 5/40 employees) 15 4.5 Holiday Bank 16 4.6 Bereavement Leave 16 4.7 Military Leave 17 4.8 Jury Duty 17 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 2008 050 CC RESOHÄ—@¸— ÍXÍ«4.9 Training/Conference Leave 4.10 Injury on Duty INDEX 17 17 Page 4.11 Industrial Injury Benefits 18 Section 5 Direct Wage Payments 5.1 Salary Section 6 Insurances/Supplemental Wage Payments 18 6.1 Life Insurance 19 6.2 Vision Plan Coverage 19 6.3 Health/Dental Insurances 19 6.4 Retirement 20 6.5 Long-Term Disability 20 6.6 Bilingual Pay 21 6.7 Deferred Compensation 21 Section 7 Policies and Procedures 7.1 Written Warnings/Reprimands 21 7.2 Dues Authorization 21 7.3 Acting Pay 21 7.4 American's With Disabilities Act 22 7.5 Alcohol and Drug Abuse Policy 22 7.6 Smoke Free Workplace 25 7.7 Layoff Policy 26 7.8 Labor Management Health Insurance Committee 26 7.9 Tuition Reimbursement 26 7.10 Limited Re-Opener 27 Exhibit A" EPMC Reporting to CaIPERS 28 INDEX 30-31 Professional and Technical Employees Association MOU 2008-2010 31 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04 Í«Resolution 2008-050 Page 12 leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 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 Professional and Technical Employees Association MOU 2008-2010 BIB] 39843-U01 2008-U02 050-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO122276-U03 C6-U03 RESO-U03 1/6/2009-U04 ROBIN-U04