HomeMy WebLinkAbout2013-020 MOU - MMPE - 2013-2014 MEMORANDUM OF UNDERSTANDING
BETWEEN THE
MID MANAGEMENT/PROFESSIONAL
EMPLOYEES
AND
CITE" OF ATASCADEI
July 1 ; 2013 through June 30, 2014
Mid-Management/Professional Employees MOU 2013-2014
ARTICLE I-GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the"City" and the Mid Management/Professional Employees,hereinafter
referred to as the"Association"pursuant to California Government Code Section 3500,et seq.and
the City's Employer - Employee Relations Policy. The purpose of this Memorandum of
Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following classifications;
• Associate Civil Engineer
• Building Maintenance Supervisor
• Capital Projects Manager
• Public Works Operations Manager
• Recreation Supervisor
• Senior Building Inspector
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Milias-Brown Act(Government
Code Section 3500, et seq.), and as provided under the City's Employer-Employee Relations
Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed,and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful
or unenforceable,the City and the Association agree to meet and confer in a timely manner in an
attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
Mid-Management/Professional Employees MOU 2013-2014
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,hours,
and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found
outside this MOU and are in conflict thereof,this MOU shall prevail.
b. If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the
provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act,including those set in this MOU,shall remain in
full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Miiias-Brown Act where and when it applies to the
Association.
SECTION 1.6 GENERAL PROVISIONS
The parties agree to meet and confer with respect to any subject or matter within the scope of
representation upon request. Provided, however, that any changes which fall within the scope of
representation shall be by mutual agreement.
Except as set forth in this Memorandum of Understanding, and unless the Association agrees to
reopen negotiations on a particular bargaining subject,the parties agree that there shall be no changes
during the life of this MOU in the wage rates,benefits,or other terms and conditions of employment
subject to the Meet-and-Confer process.
In the event any new practice, subject or matter arises during the term of this agreement which is
within the scope of representation and an action is proposed by the City, the Association shall be
afforded all possible advance notice and shall have the right to meet and confer upon request. In the
case of an emergency and, in the absence of an agreement on such a proposed action, the City
reserves its lawful management rights to take any action(s) deemed necessary and the Association
reserves its rights to take any lawful action deemed necessary.
Mid-Management/Professional Employees MOU 2013-2014
ARTICLE 11 - - .PAY PROVISIONS
SECTION 2.1 SALARY
This one (1)year agreement shall provide a 2%(two percent) salary increase in this period.
The following monthly salaries are effective July 1,2013:
TC?;`::.'. .. .............
NEW
Associate Civil Engineer 5,680.82 5,964.86 6,263.10 6,576.26 6,905.07
Associate Civil Engineer-Registered
Engineer 6,248.90 6,561.35 6,899.42 7,233.89 7,595.58
Building Maintenance Supervisor 4,451.06 4,673.61 4,907.29 5,152.65 5,410.28
Capital Projects Manager 4,907.30 5,152.67 5,410.30 5,680.82 5,964.86
Public Works Operations Manager 5,281.50 5,545.58 5,822.86 6,114.00 6,419.70
Recreation Supervisor 4,345.12 4,562.38 4,790.50 5,030.03 5,281.53
1 Senior Building Inspector 1 4,90730 5,152.67 1 5,410.30 1 5,680.82 1 5,964.86
SECTION 2.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training,providing the coursework is
job-related, and the employee received a passing grade.
Associate Civil Engineers who are licensed as a Registered Engineer will receive ten percent(10%)
in additional pay to their base salary.
SECTION 2.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System(CalPERS).
TIER 1
Miscellaneous Member employees covered under this MOU who were hired on or before
July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit Formula
(Government Code Section 213 54.4),Final Compensation I Year(G.C. Section 20042)
and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three
point three percent) of the Miscellaneous Member employee contribution of 8% (eight
percent). Miscellaneous Member employees will pay the remaining 4.7% (four point
seven percent) of the employee contribution.
Mid-Management/Professional Employees MOU 2013-2014
TIER 2
Miscellaneous Member employees covered under this MOUt who were hired between
July 14,2012 and December 31,2012,and Miscellaneous Member employees hired on
or after January 1, 2013 who meet the definition of a Classic Member under CalPERS,
are provided benefits pursuant to the 2% @ 55 Benefit Formula(G.C. Section 21354),
Final Compensation 3 Year(G.C. Section 20037)and Unused Sick Leave Credit(G.C.
Section 20965). The City will pay 3.3%(three point three percent)of the Miscellaneous
Member employee contribution of 8% (eight percent). Miscellaneous Member
employees will pay the remaining 4.7% (four point seven percent) of the employee
contribution.
TIER 3
Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA),
Miscellaneous Member employees covered under this MOU who were hired on or after
January 1,2013 who meet the definition of a CalPERS new member under PEPRA are
provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with
Final Compensation 3 Year (G.C. Section 20037). The. Miscellaneous Member
employee will pay a member contribution rate of 50% (fifty percent) of the expected
normal cost rate.
b. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
c. Effective November 2003,the City began paying and reporting the value of Employer Paid
Member Contributions (EPMC)as described in Resolution No. 2003-073.
SECTION 2.4 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight(8)hours(one day)per month. There is no limit to the
accumulation.
b. Employees with forty-eight(48)or more days of accumulated sick leave shall be eligible for the
Stay Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during the twelve- (12)month period beginning the first
day after the second pay period in October and ending on the last day of the second pay
period in October of the following year after an employee has accumulated and maintained
48 days sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third(1/3)of the unused annual allotment of sick leave. The annual allotment is
95.94 hours.
3. Checks will be prepared by December 15 of each year.
Mid-Management/Professional Employees MOU 2013-2014
c. In any calendar year, up to two days(16 hours) of sick leave may be used for personal reasons
without explanation. These days are not intended as vacation days and may not be used to
extend vacations.
d. An employee may use in any calendar year accrued sick leave,up to the amount earned during
twelve(12)months employment,to attend to the illness of the following family members:
1. The employee's child(including biological,foster,or adopted child,a stepchild,a legal ward,
a child of a domestic partner,or a child of a person standing in loco parentis).
2. The employee's parent (including biological, foster, or adoptive parent, a stepparent, or a
legal guardian).
3. The employee's spouse or domestic partner.
If the employee is performing satisfactorily and the employee's workload would not be
negatively impacted, the Department Head may approve additional time off, up to the amount
earned during three (3) months of employment, for Family Care.
Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any
Family Care leave granted under this section shall run concurrently with FMLA and/or CFRA
leave. FMLA/CFRA leave is addressed in a separate City policy.
SECTION 2.5 SICK LEAVE PAYBACK
When an employee terminates employment in good standing, after five (5) years of continuous
service, he/she shall be paid one-half of his/her accumulated Sick Leave.
SECTION 2.6 ADMINISTRATIVE LEAVE
a. Each.employee will receive forty-eight(48)hours of Administrative Leave,which will vest as of
July I annually. Except as provided below, Administrative Leave will not be carried over or
accrue from one fiscal year to the next.
b. If an employee is unable to use his/her Administrative Leave prior to the end ofthe fiscal year for
work related reasons beyond his/her control(as verified by the Department Head),said leave will
be carried over into the next fiscal year for a period not to exceed three (3)months. Said time
will be available to the employee for use during that period, but will not be accrued for the
purpose of payoff in.the event of tennination.
c. In the event an employee covered by this Agreement is employed after January 1 of the fiscal
year,the employee shall be eligible for twenty-four(24)hours of Administrative Leave.
Mid-Management/Professional Employees MOU 2013-2014
SECTION 2.7 BEREAVEMENT LEAVE
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1)the death of a member of the employee's immediate
family, and (2) the critical illness of a member of the employee's immediate family where death
appears to be imminent.The amount of bereavement leave provided under this section is twenty four
(24)hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, "immediate family" means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild,child(including biological,foster,or adopted child,a stepchild,a legal ward,a child of a
domestic partner,or a child of a person standing in loco parentis),brother,sister,aunt,uncle,son-in-
law,daughter-in-law,mother-in-law,father-in-law,brother-in-law,sister-in-law or significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section,the employee may
submit a request to his/her Department Head and request additional time off work.If approved,the
employee must use their other accrued paid leave.The employee may elect which accrued paid leave
he/she shall use during the additional leave. However,the employee may not use more than forty
(40)hours of accrued sick leave for bereavement purposes. If the additional leave approved by the
Department Head is longer than forty(40)hours,the employee is required to use accrued paid leave
other than sick leave.
SECTION 2.8—WORK SHOES
The City shall contribute One-Hundred and Forty-five($145.00)Dollars per fiscal year for the purchase
of appropriate footwear to employees in the following positions:
• Associate Civil Engineer
® Building Maintenance Supervisor
® Capital Projects Manager
• Operations Manager
® Senior Building Inspector
Proof of purchase is required. Once purchased, such appropriate footwear must be worn while
working.
Mid-Management/Professional Employees MOU 2013-2014
ARTICLE III-HEALTH AND WELFARE
SECTION 3.1 HEALTH INSURANCE COVERAGE
1. For unit members who elect to have"Family"coverage, the City shall pay an amount not to
exceed$1,261.62 per month toward the cost of all medical,dental,vision and life insurance
benefit premiums for the unit member employee and dependents . City shall pay for
increased costs to medical,dental,vision and life insurance premiums for the employee and
fifty percent(50%)of increased costs for dependents based upon HMO plan costs.
2. For unit members who elect to have `Employee+1" coverage,the City shall pay an amount
not to exceed $1,132.14 per month toward the cost of all medical, dental, vision and life
insurance benefit premiums for the unit member employee and dependent.City shall pay for
increased costs to medical,dental,vision and life insurance premiums for the employee and
fifty percent(50%) of increased costs for the dependent based upon HMO plan costs.
3. For unit members who elect to have "Employee Only" coverage, the City shall pay an
amount not to exceed$856.37 per month toward the cost of all medical, dental,vision and
life insurance benefit premiums for the unit member employee. City shall pay for increased
costs to medical,dental,vision and life insurance premiums for the employee based upon the
HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be
paid to an employee hired on or before September 1,2000 as additional compensation.T his
amount shall not exceed$246.76 per month.
SECTION 3.2 LIFE INSURANCE
The City shall provide a term life insurance policy on each employee in the amount of Fifty-
Thousand Dollars ($50,000).
The City shall provide a term life insurance policy for each eligible dependent enrolled in health
coverage in the amount of One Thousand Dollars ($1,000) per dependent.
ARTICLE IV - CLOSING PROVISIONS
SECTION 4.1 TERM
The term of this MOU shall commence on July 1, 2013, and expire on June 30, 2014.
Mid-Management/Professional Employees MOU 2013-2014
SECTION 4.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
Mid Mgmt.i rof. Date/ Mid Mgmt/Prof. Date
CITY 0 ATASCADERO
A
Mayor Date City Manager Date
Mid-Management/Professional Employees MOU 2013-2014