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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
MID MANAGEMENT/PROFESSIONAL
EMPLOYEES
AND
CITY OF ATASCADERO
July 1 , 2017 through June 30, 2018
Mid-Management/Professional Employees MOU 2017-2018 Page 1
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
• Associate Civil Engineer-Registered
• 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,
Mid-Management/Professional Employees MOU 2017-2018 Page 2
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 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-Milias-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.
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ARTICLE II-PAY PROVISIONS
SECTION 2.1 SALARY
The following monthly salaries are effective July 1, 2017:
CLASSIFICATION STEP A I STEP B STEP C STEP D I STEP E
Associate Civil Engineer 6,028.93 6,330.38 6,646.90 6,979.25 7,328.21
Associate Civil Engineer—
Registered Engineer 6,646.90 6,979.25 7,328.21 7,694.62 8,079.35
Building Maintenance Supervisor 4,723.83 4,960.02 5,208.02 5,468.42 5,741.84
Capital Projects Manager 5,208.02 5,468.42 5,741.84 6,028.93 6,330.38
Public Works Operations Manager 5,605.14 5,885.40 6,179.67 6,488.65 6,813.08
Recreation Supervisor 4,611.36 4,841.93 5,084.03 5,338.23 5,605.14
Senior Building Inspector 5,208.02 1 5,468.42 1 5,741.84 6,028.93 1 6,330.38
SECTION 4.2 ONE-TIME LUMP SUM PAYMENT
Effective upon ratification, employees shall be provided a one-time payment only, lump sum
payment of$3,000. Such payment is non-performance based and is not reportable to CalPERS.
Only current employees who were employed prior to July 1, 2017, in a position covered by this
MOU shall be eligible for the lump sum payment.
SECTION 2.3 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600.00 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 2.4 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
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Retirement System (Ca1PERS).
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 21354.4), Final Compensation 1 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.
TIER 2
Miscellaneous Member employees covered under this MOU 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
Ca1PERS, 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 2.3% (two point three percent)
of the Miscellaneous Member employee contribution of 7% (seven 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 Ca1PERS 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 Ca1PERS on a pre-tax basis.
c. The City pays and reports the value of Employer Paid Member Contributions(EPMC) for
Tier 1 employees and for Tier 2 employees as described in Resolution No. 2003-073.
SECTION 2.5 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:
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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.
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 2.6 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 2.7 ADMINISTRATIVE LEAVE
a. Each employee will receive forty-eight (48) hours of Administrative Leave, which will vest
as of July 1 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 of the fiscal
Mid-Management/Professional Employees MOU 2017-2018 Page 6
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 termination.
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.
SECTION 2.8 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 2.9—HOLIDAYS
The City shall recognize the following days as official City holidays.
Holiday Day Observed
New Year's Day January 1
Martin Luther King Jr. Birthday 3`d Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
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Labor Day 1 st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1
Each classification covered under this agreement and employed by the City as of January 1 st of
each year shall be eligible for one floating holiday (8 hours). Floating holidays must have prior
department approval and shall be consistent with the efficient operation of the department. The
floating holiday may be used between January 1 and December 31 of each year.
SECTION 2.10 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City of Atascadero
Personnel System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of
Atascadero Personnel System Rules, employees shall receive:
• An additional two days of vacation annually upon completing 15 years of service
for a total accrual of 22 days per year or 6.77 hours per pay period; and
• Two more days of vacation annually upon completing 20 years of service for a
total accrual of 24 days per year or 7.385 hours per pay period.
SECTION 2.11 DEFERRED COMPENSATION MATCH
The City will match an eligible employee's contribution to a deferred compensation program.
The match will be up to a maximum of$250 annually for classifications covered under this
agreement. All deferred compensation contributions are fully vested in the employee and shall
not be available to the City.
SECTION 2.12 WORK SHOES
The City shall contribute Two Hundred ($200.00) Dollars per fiscal year for the purchase of
appropriate footwear, as determined by the Department Head, to employees in the following
positions:
• Associate Civil Engineer
• Associate Civil Engineer-Registered
• Building Maintenance Supervisor
• Capital Projects Manager
• Operations Manager
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• Recreation Supervisor
• Senior Building Inspector
Appropriate work shoes shall be worn by employees covered under this MOU who are exposed to
potential foot injuries from hot, corrosive, poisonous substances, falling objects, crushing or
penetration actions.
Work shoes not appropriate and/or not approved shall be tennis shoes, sandals, deck shoes, canvas
shoes,athletic shoes, open toe shoes,dress shoes and any other shoe easily penetrated.
Proof of purchase is required. Once purchased, such appropriate footwear must be worn while
working.
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 $1,669.71 per month for employees electing Family coverage. The City
contribution shall go 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 $1,229.99 per month for employees electing Employee +1
coverage. The City contribution shall go 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 $893.71 per month for employees electing Employee Only
coverage. The City contribution shall go 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.
For unit members who elect to have "Employee Only" coverage, 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. This amount
shall not exceed $246.76 per month.
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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.
SECTION 3.3—LONG TERM DISABILITY INSURANCE
The City shall provide a City-paid program to provide Long-Term Disability Insurance for all
classifications covered under this agreement.
ARTICLE IV-CLOSING PROVISIONS
SECTION 4.1 TERM
The term of this MOU shall commence on July 1, 2017, and expire on June 30, 2018.
SECTION 4.2 JOINT COMMITMENT TO FAIR AND REASONABLE.CHANGES TO
THE CALPERS SYSTEM
The interests of the City and the Association are generally aligned: both seek fair and reasonable
changes to the Ca1PERS system to ensure long-term sustainability of the system. Needed State-
level changes acceptable to both executive management and City labor groups are most likely to be
initiated by Ca1PERS member agencies and labor,working collaboratively.
The City and the Association hereby jointly commit to:
• Request state-level membership organizations (e.g., the League of California Cities, state-
wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
• Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our jointly agreed upon request to state-level
membership organizations;
• Jointly analyze options with an open mind as to potential solutions;and
• Other potential collaborative efforts as they arise.
Mid-Management/Professional Employees MOU 2017-2018 Page 10
f
SECTION 4.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
Mid mt. ro . Date Mid Mgmt/Prof, Date
CITY OF ATASCADEg
r-
Mayor Date VityMan er Date
Mid-Management/Professional Employees MOU 2017-2018 Page 11