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Home My WebLink AboutAgenda Report - February 1, 2012 C-08r�AGENDA ITEM CITY OF LODI %W COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Memorandum of Understanding between the City of Lodi and the Lodi City Mid -Management Association for the Period January 1, 2012 through December 31, 2013. MEETING DATE: February 1,2012 PREPARED BY: Human Resources Manager City Attorney RECOMMENDED ACTION: Adopt Resolution approving Memorandum of Understanding between the City of Lodi and the Lodi City Mid -Management Association (LCMMA) for the period January 1, 2012 through December 31, 2013. BACKGROUND INFORMATION: The Memorandum of Understanding (MOU) between the City of Lodi and the LCMMA expired on December 31, 2011. The principle components of the MOU (as included in the attached tentative agreement, ExhibitA) are as follows: • The terms and conditions of this MOU shall be from January 1, 2012 through December 31,2013. • Employees will continue to pay 3.3 percent of the employee's share of retirement through June 30, 2013. Employees will also have 18 unpaid furlough days from January 1, 2012 to June 30, 2013. Beginning July 1, 2013 employees agree to pay the full 7 percent share of their retirement costs and there will be no further unpaid furlough days. The City and the LCMMA agree to reopen the MOU to conclude negotiations on two-tier retirement plan (2 percent at 60) when other units conclude negotiations. • The LCMMA agrees that the City will not increase the City's contribution to employee's medical costs during the term of this agreement. • The City will eliminate the employee co -pay for medical insurance (currently $80 and $104 for employee + 1 and family coverage, respectively). • The LCMMA and the City agree to reopen the MOU to negotiate a Cafeteria Plan with an effective date of January 1, 2013. • The incentives paid to the WaterNVastewater Superintendent and Parks Superintendent will be incorporated into their base salaries. Therefore, pay received previously as an incentivewill instead be incorporated into their salary range. The revised salary ranges are included in ExhibitA. This action does not result in a net increase in compensation for these two classifications. ■ The City will restore the 3 percent City match to Deferred Compensation effective June 25, 2012. FISCAL IMPACT: It is estimated that the provisions of this MOU will save the City $369,000 over the term of the agreement. APPROVED: ' -"Konradt Ba Fa anager FUNDING AVAILABLE: Increased costs will be absorbed within existing appropriations. Jordan Ayers, Deputy City Mana er/Internal Services Director Dean Gualco, Huma Re u an ger Attachments Exhibit A The principle modifications to the Mid -Management MOU are as follows: Article I Title I Proposed Modification to MOU Term I Two year: January 1, 2012 to December 31, 2013. Article I Salary and Eliminate language related to Consumer Price Term Index • Add $150 bilingual pay. Article III Deferred Compensation Deferred compensation match waived through June 30, 2012; resume compensation match the first pay period in which July 1, 2012 falls. Article VI Education In Water/Wastewater Superintendent classification, 6495.97 Incentive add $80 to monthly salary to recognize two 7519.90 position requirements: • Sewer Collection Maintenance Certification, Grade 3 • Water Distribution Operator Certification, Grade 3 New Water/Wastewater Superintendent Salary Ranae: Step A Step B Step C Step D Step E 6186.64 6495.97 6820.77 7161.81 7519.90 In Parks Superintendent classification, add $100 to monthly salary to recognize two position requirements: • Pest Control Advisor's License • Certified Arborist New Park Superintendent Salary Ranae: Step A Step B Step C Step D Step E 5911.63 6207.21 6517.57 6843.45 7185.62 N:Wdmin istration\Personnel\Dean\union - midmgt - exhibit a.doc Article Title Proposal Article VIII Retirement • Employee pays 3.3% of retirement through June 30, 2013; 18 furlough days. • Employee pays 7% of retirement beginning July 1, 2013; no furloughs. • Agreement to reopen MOU to conclude negotiations on two-tier retirement plan (2% at 60) when other units conclude negotiations. City Paid - Article XV Medical • Medical rates through December 31, 2013: Insurance Single $610.44 Emp + 1 $1220.88 Family $1587.14 • Eliminate monthly employee co -pay for medical insurance ($80 for employee plus one; $104 for employee plus family) effective the first pay period of the month following Council adoption of the MOU. Article XV, Medical Reopen MOU to negotiate Cafeteria Plan with XVI, XVII, Dental effective date of January 1, 2013. XVIII, XIX Vision Life Long-term Disability — provide referral to a carrier Article XXV Disciplinary Employee appeal of discipline to Personnel Board Procedure rather than to neutral hearing officer. Concessions agreed to between the City and Mid -Management will end effective January 1, 2012 (except the deferred compensation match, which resumes June 25, 2012). N:Wdmin istration\Personnel\Dean\union - midmgt - exhibit a.doc EXHIBITA (Memorandum of Understanding) This documentwill be providedto Council as a i°Blue Sheet" item at the meeting. C-8 MEMORANDUM OF UNDERSTANDING CITY OF LODI LODI CITY MID -MANAGEMENT ASSOCIATION JANUARY I. 20122M - DECEMBER 31,701 12009 QTY OF LODI AND LODI CITY MID-MANAGEMENTASSOCIATION — MOU 2012-21a*62013. MID -MANAGEMENT ACCOUNTANTI4I ARTS COORDINATOR ASSLST-ANT- STIREETS AND DRAINAGE MANAGE ASSOCIATE PLANNEI BUILDING OFFICIAL (TTV PLANNER/PLAN COMMUNITY IA4PROVE SENT- CENTER MANAGER COMPLIANCE ENGINEER CONSTRUCTIONPROJECT MANAGER DATA PROCESSING MANAGER DEPUTY PUBLIC WORKS DIRECTOR — CITY ENGIN DFPTJTV PIIRLIC WORKC DIRECTnR-IIITII.ITIRR ELECTRIC SYSTEMS SUPERVISOR ELECTRIC UTILITY RATE ANALYST ELECTRIC— INFORMATION SYSTEMS MAN LIBRARIAN UII MANAGEMENT PARK SENIOR CIVIL SR. PLANNER NNER SR. PROGRAMMER ANALYS SR. POWER ENGINEER SR. TRAFFIC ENGINEER STREETS AND DRAINAGE MANAGE SUPERVISING ACCOUNTANT Page 1 wommol Mrs TRANSPORTATION MANAGER/ SR. TRAFFIC ENGINEER WAT ERR SERVICES MANAGER WATER/WASTEWATER SUPERINTENDENT Page ii TABLE OF CONTENTS ARTICLE I - SALARY AND TERM................................................................................................... ARTICLE II - UNIFORM ALLOWANCE/SPECIAL INCENTIVE ................................................... ......2 - ARTICLE III - DEFERRED COMPENSATION...................................................................................... 9 ARTICLE IV - FLEXIBLE SPENDING ACCOUNT............................................................................... 3-2 ARTICLE V - CHIROPRACTIC............................................................................................................... 3-2 ARTICLEVI — OVERTIME............................................................::`..::................................................. 4-2 ARTICLE VII - RETIREMENT.................................................................................................. 53 ARTICLE VIII -VACATION LEAVE ...............................,,.......:....>................................................... 63 ARTICLE IX - ADMINISTRATIVE LEAVE...............s..,.................... ..::,.......................................... 64 ARTICLEX — HOLIDAYS ................................. ..................................................................... 74 ARTICLE XI -SICK LEAVE...................................::.........................................,,":f,.............................. 8€ ARTICLE XII - SICK LEAVE CONVERSION ........ ................... ................... 86 ARTICLE XIII —MEDICAL 1NSUR1°► lye ........................................................ Im ....................... . ARTICLE XIV - DENTAL INSURANCIia... ................................................... 11� ........... ARTICLE XV - VISION INSURANCE .. ............... 11$ ARTICLE XVI - LIFE INSUIZA,NCE ............. 4�f ,. ..............................................118 ARTICLE XVII - LONTERIVI 1T1�BILiTYSUTAi�TE ,= K�.............................................. fZ"S ARTICLE XVIII - LEAS AND L£E1_UES OF AiVCE .......... ...................................................... 138 ARTICLE XIX TUITION MB CEMENT.................................................................... 1518 ARTICLE XX=4ROBITIONs`yl ;:.'.„................................................................. .174-2 ARTICLE XXI - PERSOIAL� LIAIIITY..... ...;.�..................................................................... 181 ARTICLE XXII - GRIEVANCE PRO' LURE................................................................................. 184-3 ARTICLE XXIII: - DISCIPLINARY PROCEDURE & PROCEEDINGS.............................................193 ARTICLE XXIV -:CITY RIGHTS..................................................................................................... .264-7 ARTICLE XXV—EM'LOYEE"ESENTATION....................................................................... ..27 7 ARTICLE XXVI — SEVERABILITY............................................................................. �$ Attachment A — Salary Schedule, (uith proposed increases) Page iii QTY OF LODI AND LODI QTY MID -MANAGEMENT ASSOCIATICN — MOU 2012-2e*2oQ ARTICLE I - SALARY AND TERM 1.1 effeet4w the same date as negetiated by the ethef: baF&aiag-ufik &Effective the first pay period after MOU a roval any classification(s)'it whieh january 1, 2008 falls, aW-dawssifilie-Adens shall have their re lar salM increased by the amount of MOT, Iff Page 1 pi The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and the LCMMA e -F but not beyond March 31.2014.: Negotiations will commence no later than Deeeffiber- 31, 2009. 2.1 The City 'agrees to providenthe LPD Management _Anal yst with a uniforrre allowance of $825.00 der year. The uniform allowance shall be paid quarterly in conjunction with regular pay checks in the months of March, June, Seprernber, and December and shall be for the previous three months. -263 The City agrees to repair or replace uniforms damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Receipts shall be required prior to reimbursement. This allowance is limited emolow hired prior to the execution of this MOU. 2.2 The City rees to provide the Water/Wastewater Suoerintendant of $40.00 per month in recognition of his possession of Water Distribution Operator, Grade D-5 certificate. This incentive is limited to emwees hired prior to the execution of this MOU _ Page 2 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and the LCMMA e -F but not beyond March 31.2014.: Negotiations will commence no later than Deeeffiber- 31, 2009. 2.1 The City 'agrees to providenthe LPD Management _Anal yst with a uniforrre allowance of $825.00 der year. The uniform allowance shall be paid quarterly in conjunction with regular pay checks in the months of March, June, Seprernber, and December and shall be for the previous three months. -263 The City agrees to repair or replace uniforms damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Receipts shall be required prior to reimbursement. This allowance is limited emolow hired prior to the execution of this MOU. 2.2 The City rees to provide the Water/Wastewater Suoerintendant of $40.00 per month in recognition of his possession of Water Distribution Operator, Grade D-5 certificate. This incentive is limited to emwees hired prior to the execution of this MOU _ Page 2 CITY OF LODI AND LODI CI'T'Y MID--MANAGI',MENI' ASSOCIATION — MOU 2012-12(+162M3 ARTICLE III - DEFERRED COMPENSATION 3.1 Employees may participate in the City's Deferred Compensation Plan. 3.2 City matches Lip to a maximum of 3.0% of base salary beinnn� in the pawperiod that July 1, 2012 falls. ARTICLE IV - FLEXIBLE SPENDING ACCOUNT 4.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; a) Premium Conversion b) Non -reimbursed Health Care c) Dependent Care Reimbursement 4.2 Elections for the calendar year will be made each December, or if a change in family status occurs. Money not used by the end of each calendar year will be forfeited by the employee. ARTICLE V - CHIROPRACTIC 5.1 Chiropractic services may be received by. employees and dependents through a chiropractic insurance plan. Page 3 I CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2012-2e-62013. 6-7.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), the following special provisions for the payment of overtime will apply. Employees shall be compensated for overtime at the time and one-half rate for time worked due to emergencies. Emergencies shall be determined by the appropriate department head and include but are not limited to such events as: • Major storm damage requiring the dispatching of additional crews; • The necessity to cover scheduled shifts; • Direct supervision of crews assigned to work durinpnormal days off to accommodate the public: • Break down of equipment and/or systems rego�4 g the presence of the mid -manager in order to restore service. fg,2 Overtime pay shall not be paid forthe following: • Staff meetings • Special projects • Conferences and seminars - except as noteciI.;';below • Appearances before City Council and commissions, • Public information presentations, • Activities involved with the completion of normal „activities or programs such as budgets, inventory,. annual financial closings, labor negotiations, and recreation programs. 6-7.3 All overtime must be approved by the .department head. Any deviations from these guidelines must be approved in,advance by the department head and the City Manager. PA L7pon pm h6floa into a Mid -Management` position enly---all previously accrued conipensatory tine,must be paid or used prior to the promotion. ARTICLE VII - RETIiiiMENT 7$.1 The City of Udi provided ;retirement benefits through the Public Employees Retirement System. Empleyeps shah ceive the following retirement benefits;? Miscellaneous 2%' "S plan • 1957 Survivors Benefit • 1959 (Plus 25%) Survivors Benefit • Ordinary disability vested at 30% at 5 years increasing 1% per year to maximum of 50% • 50% survivors continuation -Credit. for Unused Sick Leave • Military Service Credit as Public Service Page 5 M44 • • � : ►It • � M44 1/ � 1l : ► : 1/l ► t � t � � 1/ • � � Employees shall pay the employee uortion of Retirement Benefits as follows: January 1; 2012 through June 30.2013 — 3.3 July 1.2013 and thereafter — 7.0 % 78.2 During the term of this agreement, the LCMMAQ�y agrees to reopen for negotiations the m000sed to me and eenfer- with the Cky LGMM eyes-prepeCa1PERS plan amendments Q% @ 60 for new hires-(-date-XB)} upon reaching agreement for the new Ca1PERS plan with all miscellaneous units. - ARTICLE VIII1X - VACATION LEAVE .89.I Employees hired prior to July 1, 1994 shall receive 4he.'following vacation benefits: Beginning with Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.23 hours per pay period (7 , ak ,..,,. 6ys s.. Yzen 15th year 6.16 hours per pay period 21st year 6.47 hours per pay 10,iod h 22nd year 6.78 hours per pay; pe9d-- 23rd year 7.09 hours per pay Ago' 24th year 7.40 hours per pay pend "" ay _ af' 25th year 7.71 hours,per pay period;. . ,:;_ $9.2 Employees htrd:after July 1, 1994 shall.receive the flowing vacation benefits: Beginning with Date of Hire: 3.08'heirs per pairiexiod 6th: year 4:62.hours pei` pay periodays per ye415% 1 J2 year 5.23 h ours I per pa ;.;period hggg2days per- year-) 15th year/above 6-.,.1.-,6 hours'per°pay period a.9-3 Employees promoting 'irato a Mid Management position will follow the vacation schedule referenced `in, articles 98 1 or 98.2, depending on their initial employment with the City of Lodi. 5.99:4 Vacation leave shall be used in increments of not less than quarter hours. Vacation may not be carried over to the subsequent year in excess of the amount earned in twoa calendar years year --unless authorized by the City Manager. 44-9.1 Employees will be given eighty 801 hours of administrative leave per calendar year. Balances must be used prior to December 30 or they will be lost. 9.1-9.2 New employees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, with six uoint six seven (6.E�_eihours Page 6 CITY OF LODI AND LODI CITY MID-MANAGEMENTASSOCIATION — MOU 20x2- 2W granted for each full calendar month remaining in the calendar year with a maximum of 80 hours. ,q4.9.3 Employees separating mid -year will receive a cash payout for unused Administrative Leave on a prorated basis in accordance with 9j4@2. .9.48:4 Employees are eligible to cash out up to forty J401 hours of their current Administrative Leave balance in any calendar year except in the months of May and June. A request to cash out Administrative Leave must be in writing and submitted to the Finance DeputmeeQivision. ARTICLE X -I-- HOLIDAYS 1Q1 -k.1 All employees shall receive 36 floating hours and the following nine and one half fixed holidays • New Year's Day January 1 • Martin Luther King Jr. Day Std Monday in January'', • President'sDay 3rd Mondayin February • Memorial Day Last Monday in May • Independence Day July 4 • Labor Day 1st Monday in September • Th k no 4th Thursda in November 1044. an sg vtng y y • Day after Tfahksgiving Day Friday after Thanksgiving Day • Christmas Eve (4hesh_alf workin days) December 24 • Christmas Day December 25 - " idays occurring' on Saturdays shall be observed on the preceding Fridays; ilidays will be observed on the following Mondays, with the exception that if ring Mandy. were a holiday, the Sunday holiday would be taken on the Friday. 1044.3 Electric Utility Mid -Management employees shall receive S floatin hours4ielk*&s Od the following eight and one-half fixed holidays: • New Year's Day January 1 • Martin Luther King Jr. Day 3rd Monday in January • Memorial Day Last Monday in May • Independence Day July 4 • Labor Day Ist Monday in September • Thanksgiving Day 4th Thursday in November • Day after Thanksgiving Day Friday after Thanksgiving Day • Christmas Even (4-I}eshalf working days) December 24 • Christmas Day December 25 Page 7 CITY OFLODIAND LODI CITY MID-MANAGEMENTASSOCIATION—MOU 2012-48362013 10.44:4 Holiday hours may not be carried into the following calendar year. 10.-5 If hired or separated mid -year, employee shall be credited or debited with €r*ed floating helidays-hours per the following schedule: Four Floating Holidays: Month Hired or Separated Hours Added PftYs-Hours Subtracted Jan Feb March 43�i -427 April May Jun 3-27 X18 July Aug Sept x-18 ,g Oct Nov Dec �9 0 ARTICLE XINU - SICK LEAVE 11.1 Sick Leave is earned at the rate ai amount that can be accumulated. Tetal g Sick leave shall be taken in increments of 70 hours per pay p6dWd with no limit on the ARTICLE XIIXI - SICK LEAVE CONVERSION hours. 124-3.1 Employees.h red prior to July 1, 1994,.after 10 years with the City and only upon retirement, may concert their accumulated sick leave time to medical insurance premiums or cash under the following options: OPTION #1 - "rank-'' The number of accumulated hours shall be reduced by 16-213% and the remaining balance corlved into days. The days are then multiplied by the current monthly Artium being paid..for the :,employee arid, if applicable, his/her dependents. Fifty percent of at dollar amount, will be placed into a "bank" to be used for medical insurance pre for the employee, and if applicable, his/her dependents. For each year of employment over 10 years, 2.5% will be added to the 50% used in determining "bank" amount. .6tal premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops Employees may also Use their banks money to purchase Dental, Vision, and/or Chiropractic Insurance at the current premiums until their bank is depleted. OPTION #2 - "Conversion" The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement. Any differences created by an increase in premiums must be paid for by the employee. Page 8 CITY OFLODIAND LODICITYMID-MANAGEMENTASSOCIATION—MOU 2012 -20 -*2013 OPTION #3 - "Cash -Out" A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the rate of 30% of base pay per hour. OPTION #4 — "Service Credit" A retiring employee will be able to convert unused sick leave to service credit for Cal PERS retirement purposes. 12.4-3-.2 Employees hired after July 1, 1994 will not have the option of converting unused sick leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The only option available to these employees i4 OPTION #4 "PERS SERVICE CREDIT". 4ZA-3:3 In the event an active employee dies Wore retirement and that employee is vested in the Sick Leave Conversion progra (10 years) the: surviving dependents have an interest in one-half (112) the value oft e -bank as calculated 1n se Section X12.1. 1213.4 The City shall allow a surviving'.dependent of ,a retiree enroljo.d in the Sick Leave Conversion program to purchase medical insurance at ttae employee only,premium for the same period as if the retireehid pct died. 124-3.5 A retiree or surviving has the option of purchasing unlimited amount—of—Aim—e. 12-x-3,6 Out of area retirees :nay recei up to the City's `liability as specified in expira9n of City -paid coverage, if any, rate additional medical insurance for an medical insurance premiums 12.1; Option #2. y:;parry dependent coverage for another City 1plbyee may re -enroll as an individual into the Sick Leave Conversion program. may purchase dental, vision, and/or Chiropractic the Sick Leave Conversion Bank option. Page 9 I QTY OF LODIAND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2012-2 2013 ,Ir • • r r 1 A. . •• r. r r a i. • r r • r r r 1 �,A ! ll W&I U -7-41.1r ARTICLE XX MEDIG AL !NSURANC-E 134-5.1 All employees are offered medical insurance for themselves and dependents through Cal PERS Medical Plans. City shall pay 100% premium for the employee enly up to the HMO available. in Lodi'seff'geographical area (excluding Porac) as of January 1 2012. The City.. Employees e 64t#iOute $80.00 pe#meath fe Empleyee Plus Qae and $104.00 pef Meath fer- faR will pff nay month for family or $532.92 for emulovee + 1 deuendent will be added to either the emulovee's' deferred compensation account or cash. A single emulovee who can show uroof of jzrouv insurance. eketed w, _•= will be eligible for this provision at one half (112) the current amount ($305.221. .In order to civalify for this provision, uroof of grow insurance must be urovided to the City Page 10 K" 00 WON* cf, Ill Ill Z I BID cf, lull 111,111111111111111 111 Employees will pav one hundred uercent (100%) of the change in medical costs beginning January 2013. The baseline will be the January 2012 lowest cost PERS HMO for the employee's family category (Family, $1587.14: Employee+l, $1220.88: Single, 610.44 1315.2 Only one City of Lodi employee may carry dependent coverage for another City employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi on a quarterly basis. 13.3 The City intends to propose a Cafeteria -based benefit ro ram in 2012 with an effective ARTICLE XIV - DENTAL INSURANCE` 144-6.1 Employees are provided fully paid family dentO. -insurance. L44-6,2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductible plus:co-insurance features. ARTICLE XVXV-I - VISION INSURANCE 15-P.1 Employees.are provided with family vision care insurance through Vision Service Plan. Services and amount of coverage are outlined in the VSP Summary of Benefits. ARTIC19kVIXA41i,LIFEINSURANCE. 165 1 Employees are. ,provided with a life insurance program providing for 2 times the annual ; alary to a ma _ mum of $250,000. The amount of insurance to reduce to 65% after the 70th birthday but`: before the 75th birthday. The amount of life insurance after the 75,h birthday' is reduced -'to 50%. In addition, a spouse will be covered for $1,500. Dependent children betw.6en the ages of birth through the 20th birthday will be covered for $1,500 ifrisIF ee Page 11 QTY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2012-20162Q13 ARTICLE XVIII - LONG-TERM DISABILITY INSURANCE 1749.1 will jmvide Emtflnype referral to a long term disability plan provider. Any insurance -coverage ourchased shall be at em.ployee's expense. Page 12 } Page 12 MY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION MOU 2012-2e*2oi3. ARTICLE XVIII XX-- LEAVES AND LEAVES OF ABSENCE A lease of absence may he grantedin an @*eep.60a to for a specified , b) FaF?Aly� Me.dieal Leave ir, 4p"e of abseftee up te a total of feur- (4) fnefMs fr-efn the date leave 2..11-� nVd withk a i; meHH period of time (not to exceed one Year) with or without nav, for an " Bif4h of a eKild ^ �mployee and in er-der—to be absent from duty ef;FL—for a suecified purpose. No such leave shall be granted except upon written reauest of the tyre mployee, setting forth the reason for the reauest and the duration of such leave. ' The granting of a leave of absence provides the employee the right to return to the same position or a position similar to the one vacated. Reauests for{ leave of absences for medical reasons must be accompanied by the appropriate health care oractioner's documentation. taken within +he 12 menu' Page 13 Reg— Mum, l nra W ARTICLE XVIII XX-- LEAVES AND LEAVES OF ABSENCE A lease of absence may he grantedin an @*eep.60a to for a specified , b) FaF?Aly� Me.dieal Leave ir, 4p"e of abseftee up te a total of feur- (4) fnefMs fr-efn the date leave 2..11-� nVd withk a i; meHH period of time (not to exceed one Year) with or without nav, for an " Bif4h of a eKild ^ �mployee and in er-der—to be absent from duty ef;FL—for a suecified purpose. No such leave shall be granted except upon written reauest of the tyre mployee, setting forth the reason for the reauest and the duration of such leave. ' The granting of a leave of absence provides the employee the right to return to the same position or a position similar to the one vacated. Reauests for{ leave of absences for medical reasons must be accompanied by the appropriate health care oractioner's documentation. taken within +he 12 menu' Page 13 A leave of absence shall not constitute a break in service for purposes of the City Z Lodi's service award; nor shall it impair an employee's status as a regular full -times emulovee. An emulovee returningto o employment after a leave of absence shall retain the same status and shall betlaced at the same salary step in the pay range in effect for the class as the emulovee received when the leave of absence commenced Em to ees shall not be entitled to a leave of absence as a matter of right (except as provided by Federal or State law), but only upon the determination of the Citv that it is in the best interest of public service and that there is a presumption that the emulovee M_MINT M1 18.3 A leave of absence with pay is when an employee is considered to be in a pay status. An emulovee in a pay status will continue to receive all benefits including leave accruals. .18.4 A leave of absence without uav is determined as such when an emulovee is no longer in a may status or has exhausted all accumulated leave balances (according to applicable City Policies). Page 14 A leave of absence without Pav shall constitute a break. in service for theyumoses determinin benefit eligibility, Performance evaluation and subseauent merit increas eligibility time frames if the emulovee is not on pay status at the rate eauivalent to hour worked in at least one half of a pav period. The length of such leave to the nearest pay period shall be deducted from service credit. Failure of an emuloyee to return to his/her employment upon the termination of any leave -of absence may result in the employee being re uired to reimburse the CiLv for holuth insurance premiums paid by the City during the leave. For reasons other than disability, pay period AILIVL LLLaLLVLL. Action -Form shall be submitted by the respective deuartment to the Human vision :for all 100es of absence without pay with a duration greater than one aitd immediate) upon or pAor to the eMIo ee's return to work. peAeAffi indicating succi: status. Partici Citv shall reimburse emulovees the cost of tuition and books (including softwarel Page 15 I CITY OF LODI AND LODI CTTY MID -MANAGEMENT ASSOCIATION — MOU 2012-2ei62oO satisfactory completion of j ob related coursework. ease wed Ernpl ,gees must maintain continuous service from the date a course begins to the date of its comdetion. Emulovees shall not be eligible for reimbursement when a course is paid for by another source. year is the period between July 1 and Jun the fiscal year in which that course fads. Univefsky. Course work must be part of a program Associate of Arts, Bachelor's, or any higher deggre, leted annually—.A fiscal of class shall determine towardsd obtaining an Colleges and Universities 19.3 Courses should pertain to an emulovee's career field. thus enhancing his/her career advancement opportunities and job skills. Courses related to an emulovee's iob duties and resuonsibilities must exceed the educational level reauired to aualifv for the emulovee's gurre_nj Qlgs5ifigation, Page 16 19.4 Prior to enrollment in a course. the employee shall submit an application for participation in this program to his/her Department Head. The Deuartment Head shall review the application and determine eligibility according to the Tuition Reimbursement policy and the agpr_opriate memorandum of understanding. If the auulication is denied. a letter shall be sent by the Deuartment Head to the emulovee explaining why it has been disapproved. If the application is auuroved. the Deuartment Head shall sign the application and return it to the employee who shall be responsible to retain it until the course is comuleted. emptoyee. Participation' inthis program is to be considered a privilege rather than a right of the employee. The Citv reserves the rieht to disapprove reimbursement for courses if the course reouested is available at a substantiallv lower cost at a local school or college. ARTICLE XX —X991— PROBATION 202-2.1 Employees have a probationary period of one year. During probation, new hires have the same rights and privileges as regular employees, except that: Page 17 CITY OF LODI AND LODI CITY MID-MANAGEMENTASSOCIATICN — MOU 2012-2e*62013 • City and employee may mutually agree to an extension of the probationary period up to six additional months. • Termination cannot be grieved. New hires and promotional appointments shall be eligible for a merit increase at the completion of probation. ARTICLE XXIXXM - PERSONAL LIABILITY 2123.1 Employees shall be indemnified and held harrrIess by the City against all costs, legal expenses, and liability arising out of decisions made:in their capacity for the City of Lodi and/or from any cause of action for property `damage, or damages for personal injury, including death, sustained by person(s)' #s a"result of a decision made in their capacity, except that: A. The City is not required to but 'may provide for the defense of an action or proceeding brought against an employee or former employee if the City determines that: 1. The act or omissions was not withhrn the scope of their employment; or 2. They acted or e&lb :act because a factual fraud, corruption, or actual malice; or 3. The defense of the 46tion or ppopeding by the City would create a conflict of Yatert between the City arrcie enployee`'`or former employee. B. The City 's not regn red to bili mar pay an moly;;'clAim of judgment for punitive or exev,.dama2es''iihder the folloinia circumstances: The jucigme� t 9 > 4sed ori a4,act or omission of an employee or former employes acting within the cgirse and scope of their employment as an employee o the City. 2. At the ;time 'ofe act giving rise to the liability, the employee or former employee acted;:..'or failed to act, in good faith, without actual malice and in the app4eAt best interests of the City. 3:' Payment of the claim of judgment would be in the best interests of the City. ARTICLE XXII X-VRIEVANCE PROCEDURE 22-24.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: A. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifications executed by the Association and City. B. Disputes as to whether a matter is proper subject for the Grievance Procedure. C. Disputes which may be of a "class action" nature filed on behalf of the Association or the City. Page 18 CITY OF LODIAND LODI CITY MID -MANAGEMENT ASSOCIATION -MOU 2012-Q&*2013 12224.2 Class action Grievances shall be submitted in writing from the LCMMA's President to the City Manager or vice versa. 2224.3 STEP ONE Discussion between the employee, the Association Representative and the Department Head, who will answer within fifteen work days. This step shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 2224.4 STEP TVo If a grievance is not resolved in wee -Two shall be -a the piesentation of the grievance, in writing, by the Association Representative to the City Mager, who shall answer, in writing, within fifteen ; work days 4 --receipt of the grievance. The City Manager's decision shall be final and binding. Step e Two shall be taken within fifteen work days of the date of the ,answer in Step QhgT-we. ARTICLE XXIIIX ="DISCIPLINARY PROCEDURE & PROCEEDINGS Page 19 assigned weEk wiflieut authefiza4iea; failure to report to work after- a leave of absenee has Page 19 CITY OFLODIAND LODICITY MID-MANAGEMENTASSOCIATICN—MOU 2m-ae+6=3 Page 20 WPM rramory.T". Page 20 I CITY OF LQDI AND LODI CITY MID-MANAGEMENTASSOCIATION — MOU 2012-2@i62013 Page 21 01-0 ON AWN • -- Page 21 CITY OF LODI AND LODI CITY MID-MANAGEMENTASSOCIATION — MOU 2012-20162013 wM appeal,1111's submit a eepy of the appeal to the Gity Maaageir-- " City shall refer- he the a"sal „,7 ,limit an advisory d i.eis ieft to the City the ease to a neutral heoAng of-fleer- to Manager. The hearing offi e x4..,11 The appeal hearing shoAl be iftfefmeA and str4et fules of evidenee shall net apply statements,1. elesing Page 22 CITY OF LODI AND LODI CITYMID-MANAGEMENT ASSOCIATION —MOU 2012-20162O13 'anduly repetifieus. av +e a di eet eenneefieft withthe appeal.Witnesses nofmally weald be sent at he hearing S. The appeal heafing will be held on the City' a. In—eendaefing . fiff. ted to theappeal,..hall be A. Improper or unauthorized use or abuse of sick 1 B. Inability to maintain re ular and consistent attendance, mhch prevents th reasonable availability for assigned C. Absence without authorized leave: repeated tardiness to assigned work. leaving assigged work without authorization* failure re ort to work after a leave absence has exuired, or after a leave has been disauurovQd, Rr revoked. D. Misconduct: willful or ne2lijzent violation of any City rule or policy. E. Insubordination. Page 23 CITY OF LODI AND LODI CITY MID-MANAGEMENTASSOCIATICN — MOU zox2.-ga*zg 3 Acceutance of gifts or gratuities in connection with or relating to the emulovee's duties. G. Conviction of a felonv or a misdemeanor involving moral turuitude. A ulea or a verdict of guilty, or a conviction following a ulea of nolo contendere. to a charge of a felony or any offense involving moral turuitude is deemed to be a conviction. H. Fraud or the submission of false information related to emulovment avolication, payroll, or any work-related record or reuort. I. Soliciting outside work for personal lain during the conduct of Citv business; engaging in outside employment for any business under contract with the City: or participatingin n any outside employment that adversely_ affects _ the employee's superiors or renow employees . against the City. W. Inability to uerform the duties of his/her job. X. Dishonestv. Y. Possession of firearms on the iob (except for law enforcement personnel). Z. 8leepin, on the iob. AA. Theft. BB. Retaliation for actions protected by law. Page 24 �C. Failure to report loss of or damage caused to City eauiument and/or facilities for which the emulovee was resuonsible. DD. Threats of violence against Citv emulovees and/or Cityrp opert y , EE. Violation of the Fair Political Practices Act. PERSONS WHO MAY TAKE DISCIPLINARY ACTION. The City Manager or any Deuartment Director or designee may take disciWinary action against an emulovee, 23.4 CONSIDERATIONS IN THE DETERMINATIQN OF TYPE OF DISCIPLINARY extenuating; factors. suspension, reduction in paydismissal' writing to the Department Director within fifteen (15) business days of the date of the supervisor's resuonse. D. The Deuartment Director shall respond in writing within fifteen (15.) business days of the date of receiut of the appeal,. E. If resolution is not achieved with the Devartment Director. the employee may submit an appeal in writing to the City Manager within fifteen (15) business days of the date of the Deuartm n Dirpclur'5 rgs.uonse, F. The Citv Mana er shall resuond in writing within fifteen (15) business days of the date of receiut of the appeal,. Page 25 CITY OF LODI AND LODI CITY MID-MANAGEMENTASSOCIATION — MOU 2o12-2e-i62o13 G. If resolution is not achieved with the Citv Manager. the emvlovee may submit a reauest in writing to the City Clerk for the Personnel Board of Review to, hear a review of the case within fifteen (15) business days of the date of the City Manager's response. H. A hearing by the Personnel Board of Review shall be scheduled within fifteen business days of the date of receipt of the reauest by the Citv Clerk. The hearing by the Board shall be a public hearing. unless the employee desires a closed hearing. I. The Personnel Board of Review shall have the abilitv to rule on the factual basis NV 4u f ;was; T VV .a;V Vl� 1 ;T;µLiµ�Vi • - - .., ARTICLE XXIVY.X-V4 — CITY RIGHTS 24726-.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to: Determine the mission of its constituent departments, commissions, and boards Set standards of service • Determine the procedures and standards of selection for employment Page 26 lull M •111111111111 •1:►� •:� a u_►: ui ►4 _ • •► u• • Direct its employees • Maintain the efficiency of governmental operations • Determine the methods, means, and personnel by which government operations are conducted • Take all necessary actions to carry out its mission in emergencies • Exercise complete control and discretion and the technology of performing its work. City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of`'canduct and discipline, and to determine the content of job classifications; provides; how ever, that nothing herein may be read to extend the term of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU. ARTICLE XXVXXV-II -- EMPLOYEE REPROENTATION 25%.1 This Memorandum of Understanding (MOU) is entered into between representatives of the City of Lodi (City} and r*`� resentatives of the Lodi Mid - Management Association (Li1rMA}. The parties hereto acknowledge ad agfee„that this 1VlOU constitutes the result of meeting and conferring in good faith as eontemP aced by Section 3500 et seq., of the Government Code of the State of California, atilt further alowledge and agree that all matters upon which the parti"ahereementiaNte set fort hen. Both parties 6i&.. certify wsthout reset Ation that an adequate opportunity has been afforded its bargarn pg repris4atatives to`propose and vigorously advocate all negotiable subject .natter during; the calrse of ..collective bargaining preparatory to signing this agreement The Gity will meet and`coiYfe before changing a policy or rule that is subject to meet and confer under this Meyers Mi a -Brown Act (MMBA). The terms and conditions of this 11! OU shall continue in effect during the term of this MOU The City and the LCM1VtA agree and understand that if any section of the MOU conflicts with— any ambiguity wilt— policy manual or rules for personnel administration) is controlling. State 'an 'Federal laws will be adhered to). theThe terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure, city resolutions, or city ordinances, etc. be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document (ice. peheyi.e. op Iicy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to. The City agrees to recognize LCMMA representatives for the purpose of representing members of the LCMMA on all matters relating to the administration of this MOU, and Page 21 CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2012-2fflb2013 upon the request of an employee, on adverse actions and other matters which may be or are on appeal in accordance with the discipline article of this MOU . 262-8.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. Page 28 QTY OF LODI AND LODI QTY MID-MANAGEMENTASSOCIATION - MOU 2012-20*2013 ATTAMM ENT A Mid-ManagementPositions Classification OCC1g4797.90 Ste B Ste C Ste D Ste E Accountant 348 5037.75 5289.68 5554.18 5831.86 Associate Civil En ineer 66 6103.88 6409.07 6729.53 7066.00 Associate Planner 68 4981.30 5230.36 5491.88 5766.47 Building Official 87 6885.38 1 7229.59 7591.09 7970.59 8369.18 CiLy Planner/Planning Mana er 459 7041.86 7393.95 7763.64 8151.83 8559.42 Community Center Manager 11 4897.43 5142.30 5399.42 5669.39 5952.85 Compliance Engineer 65 5813.22. 6103.88 6409.07 6729.53 7066.00 Construction Project Manner 442 5299.02 556397 5842.16 6134.28 6440.99 Deputy Public Works Director =City Engineer 46 9065.32 9518-58 9994.49 10494.24 11012.40 Deputy Public Works Director -Utilities 47 9065.32 9518.58 .9994.49 10494.24 11012.40 Electric Operations Sul2efintendent 163 8227.03 8638.38 9070.30 9523.81 10000.00 Electric Utility Rate Analyst 418 6012.43 .6313.13 6628.75 6960.15 7308.23 Information Systems Mana er 15 6774.18 .7112.89 7468.54 7841.96 8234.06 Lab/Environmental Compliaince Superintendent 386 6120.87 6426.83 6748.22 7085.64 7439.90 Librarian I 220 4107.43 4312.80 4528.44 4754.86 4992.61 Librarian II 222 4518.18 4744.09 4981.29 5230.36 5491.87 Lib[Services Mana er 227 5.400.25 567966 5963.69 6261.89 657495 Mana ement Anal st 438 4776 43. 5015.25 5265.96 5529.36 5805.78 Manager, Customer Service & Pro ms 142 6744.66 7081.88 7435.99 7807.79 8198.18 Neighborhood Services Nf a er 159 6887.27 7231.54 7593.17 7972.82 8371.47 Network Administrator 122 5891.81 6186.37 6495.64 6820.41 7161.47 Paris Superintendent 285 5911.63 6207.21 6517.57 6843.45 7185.62 Rates and Resource Maniger .167 8227.03 8638.38 9070.30 9523.81 10000.00 Recreation Manager 334 4452.16 4674.80 4908.59 5154.01 5411.68 Recreation Superintendent 338 4897.42 5142.30 5399.41 5669.38 5952.85 Senior Civil Engineer 155 6558.36 6886.48 7230.74 7592.48 7971.70 Senior Power En° ineer 149 7356.09 7723.79 8109.36 8515.05 8940.86 Senior Pro rammer/Anal st 134 5355.35 5623.09 5904.20 6199.40 6509.41 Supervising Accountant 342 5647.31 5929.67 6226.16 6537.47 6864.34 Manager/Sr Traffic En ineer 43 6559.00 6887.15 7231.44 7593.20 7972.46 -Transportation Water/Wastewater Su erintend nt 1432 6186.64 1 6495.97 1 6820.77 1 7161.81 7519.90 „ Page 1 CITY OF LODI AND LODI CITY MID-MANAGEMENT ASSOCIATION — MOU 2012-2athi2013 Page 2 CI'T'Y OF LODI ANI1 LODI CI'T'Y MID-MANAGEMI;N3' ASSOCINrION — MOU 2oi2-2oi62oi3 CITY OF LODI a Municipal corporation KONRADT BARTLAM City Manager DEAN GUALCO HR Manager Date: Attest: RANDI JOHL City Clerk APPROVED AS TO FORM: D. STEPIHEN SCHWAHAUER City Attorney pa -go 1 LODI CITY MID -MANAGEMENT ASSN KEVIN BELL Presidcnt Dale: JOSEPH WOOD Vice -President Date: KATIHRYN GARCIA Secretary/Treasures Date: RESOLUTION NO. 2012-07 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE LODI CITY MID -MANAGEMENT ASSOCIATION WHEREAS, representatives from the City of Lodi and Lodi City Mid -Management Association have bargained in good faith for the purpose of amending certain articles of the Memorandum of Understanding (MOU). NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that it does hereby approve the attached MOU (Exhibit A) between the City of Lodi and the Lodi City Mid -Management Association. Date: February 1, 2012 I hereby certify that Resolution No. 2012-07 was passed and adopted by the Lodi City Council in a regular meeting held February 1, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS —Johnson ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None DI JOHL City Clerk 2012-07 MEMORANDUM OF UNDERSTANDING BETWEEN i LODI CITY MID -MANAGEMENT ASSOCIATION JANUARY 11 2012 - DECEMBER 31, 201.3 CITY OF DO—PT A„—,oDIMY MI MA—NANA-CA,2 EN � ASSQCIAIIDN - MOU- 2o�2-ate ACCOUNTANT ASSOCIATE CIVIL ENGINEER ASSOCIATE PLANNER BUILDING OFFICIAL CITY I')LANNER/PLANNING MANAGER COMMUNITY CENTER MANAGER COMPLIANCE ENGINEER CONSTRUCTION PROJECT MANAGER DEPUT)' PUBLIC WORKS DIRECTOR. - CITY EN(rINFER DFPUTY PUBLIC WORKS DIRECTOR - UTILITIES ELECTRIC OPERATIONS SUPERINT'ENDENI' ELECTRIC UTILITV RATE ANALYST INFORMATION SYSTEMS MANAGER LAWENVIRONMENTAL COMPLIANCESUPERINTENDENT NDENT LII3IZARIAN 1/11 LIBRARY SERVICES MANAGER MANAGEMENT ANALYST MANAGER, CUSTOMER SERVICE & PKOGRAMS NEIGHBORHOOD SERVICES MANAGER NETWORK ADMINISTRATOR DARK SUPERINTENDENT RATES & RESOURCES MANAGER RECREATION MANAGER RECREATION SUP ER.INNTENI)ENT SENIOR CIVIL ENGINEER SIS. POWER ENGINEER SR, PROGRAMMER/ ANALYST SUPERVISING ACCOUNTANT TRANSPORTATION MANAGER/ SR. TRAFFIC ENGINEER WATER/WASTEWATER SUPERINTENDENT Page i CITY OF LODI AND LODI Q1 LIYMI!IIMA-NAGlMEN-rASSOCIKr[ON—MOU TABLE OF CONTE NTS ARTICLE, I -SALARY AND TERM .... .......................... ......... I ..... .......... I ................. — A1010,11; II - (JNIFORM ALLOWANCEYOPERATOR I>-5 INCENTIVE ................ ARTICIJ, III - DEFERRED COMPENSATION-- ....................... -- ...... . ................................................. 2 ARTICLE IV - l,'I-,I-"X I BIJ,' SPENDING ACC0tJNT. ....... .................................. - ......... ...... .................... 2 ARTICLEV - CHIROPRACTIC ....................... ............ I ................................................................ .............2 ARTICLE VI — OVER` 1ME ................................................ - ....... ..... I ..... - ..... 1. .. ........................................ 2 AR'I'ICI,,I--- V11 - RETIREMI,'.N1 ................... .......................................... .............. .......... -.3 ARTICLE, VIII - VACATION LEAVI- ................................. ................... ................................ — ........ -- .... 3 AR'na-i'L IX - ADMINISTRATIVE LEAVE ........................ I ................. .................................................. 4 ARTICLF. X — HOLIDAYS ....................................... ............. ............. ........................................ ............. 4 ARTICLE XI - SICK LEAVE, ............................................... ...... ........ 5 ARTICLE X11 - SICK LEAVE CONVERSION .................. ........................................ ............ ................. 6 ARTICLE XIII —MEDICAL INSURANCE ............... I ............ I ... 11 .... .... — .......... ....................................... 7 ARTICLE XIV - DI"NTAL INSURANCE.... .............. — .................... I .............. ..... — ..... ...... ......... ........... 7 ARTICLEXV - VISION INSURANCE ................ ...... ................. .................................................. 8 ARTICI.X XVI - LIFE- INS1JRANCI-` . .............. I .... 11.1 .................................... 11 ..... I., .................................... 8 AR,rict-i-,, XVII - LONG-TERM MABILITY 1NSURANCI'-,, ...... I ..... I .............. .. ................................. 8 AR'FICLFI XV111 - LF-AVF.,S AND LEAVES OF ABSENCF . ..................................................................... 8 ARTICLF', XIX --TUITION REIMBURSIH.WN'r ............................................................. ........................It} AR,rICLI-., XX — PROBATION .... .......... - .......... 11 ............... I .................................... ............. —1-1-11,12 ARTICLE XXI - PERSONAL LIABILITY ....................... .............. .................. ....................................... 12 ARTICIA,- XXII - GIUEVANCF. PROCEDURF"..., ..... 11 .... 11 ................. ... -.1 .............................................. 13 ARTICLE. XXIII - DISCIPLINARY PROCI--,DtJRE & PROCF,,EIDINGS. ........................... --- .......... .... 14 ARTICLEXXIV — CITY RIGHTS ................... __ ........................ ............................................................ 17 ARTICLE XXV — 1..,,MPL0YEE REPRF.SENTATJON ............................ ................. ............................... 17 ARTICLE XXVI-- SEVERABILITY .......... . .................................................. ..........................................18 Attachment A — Salary Schedule (with proposed increases) Page H I=0I.,L0DI AND LORI CITY MID-MANAGEMENT ASSOCIATION — MOU. 2o12-zQ_i3 .ARTICLE I - SALARY AND TERM 1.1 Effective the first pay period after MOIJ approval, any classification(s) shall have their regular salary increased by the amount of any education/certification incentive that they currently receive as separate compensation. The corresponding incentive shall be eliminated. Job specifications shall he updated to reflect the requirement to possess same. 1.2 Bargaining unit members agree to accept the following furlough day schedule during the term of this MOIJ: January I, 2012 —June 30, 2013 — 18 floating furlough days (I per month) Furlough days will be floating within the month scheduled, but will normally follow the scheduled City Furlough Schedule unless there is a scheduled conflict. I.3 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150.00. The City Manager has the discretion in determining eligible languages. L4 The City and the LCMMA entered into a Side Letter that continued in effect past the effective date of the immediately previous MOIJ to include June 30, 2012. The concessions in that Side Letter arc eliminated and replaced by this MOIJ effective January 1, 2012. 1.5 The terms and conditions of this MOU shall continue in effect until such time as they arc superseded by a signed agreement/MOU between the City of Lodi and the LCMMA but not beyond March 31, 2014. Negotiations will commence no later than October 31, 2013 ARTICIX II - UNIFORM ALLOWANCE/OVERATOR D-5 INCENTIVE 2.1 The City agrees to provide the LPD Management Analyst with a uniform allowance of $825.00 per year. The uniform allowance shall he paid quarterly in co€.junction with regular pay checks in the months of March, June, September, and December and shall be for the previous three months. The City agrees to repair or replace uniforms damaged or destroyed oil duty unless gross negligence can be shown on the part of the employee. Receipts shall be required prior to reimbursement. This allowance is limited to employees hired prior to the execution of this MOU. 2.2 The City agrees to provide the Water/Wastewater Superintendant ole $40.00 per mol€th in recognition of his possession of Water Distribution Operator, Grade D-5 certificate. This incentive is limited to employees hired prior to the execution of this MOIJ. Page I CITY OF I.ODI AN11 WIN CITY MID-MANAGEMEE ASSOCIATION — MOU 2oi�-lox ARTICLE III - DEFERRED COMPENSATION 3,1 Employees may participate in the City's Deferred Compensation flan 3.2 City matches up to a maximum of 3.0% of base salary beginning in the hay period that July 1, 2012 falls. ARTICLE IV - FLEXIBLE SPENDING ACCOUNT 4.1 Employecs shall have the option of participating in the Flexible Spending Account (Section 125 Plan), Employees may elect to participate in; a) Premium Conversion b) Non -reimbursed Health Care c) Dependent Care Reimbursement 4.2 Elections for the calendar year will be made each December, or if a change in family status occurs. Moncy not used by the end of each calendar year will be forfeited by the employee. ARTICLE V - CHIROPRACTIC 5.I Chiropractic services may be received by employees and dependents through a chiropractic Inst€dance plan. ARTICLE, VI — OVERTIME 6.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime requirements of the Fair Labor Standards Act (I;LSA), the following special provisions for the payment of overtime will apply. Employees shall he con-pensated for overtime at the time and one-half rate for time worked due to emergencies. Fl ergencies shall be determined by the appropriate department head and include but are not limited to such events as: * Major storm damage requiring the dispatching of additional crews; ® 'The necessity to cover scheduled shifts; ® Direct supervision of crews assigned to work during normal days off to accommodate the public: ® Break down of equipment and/or systems requiring the presence of the mid -manager in order to restore service. 5.2 Overtime pay shall not be paid for the following: 0 Staff meetings Page 2 CI Y -0E_ .Q4) -I AND LODI Ci_`['SI MID -MANAGEMENT ASSOCIMON —WO—U-2-01-2-201.'I Special projects Conferences and seminars - except as noted below ® Appearances before City Council and commissions, Public information presentations, ® Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labor negotiations, and recreation programs. 6.3 All overtime must be approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Manager. 6.4 Upon promotion into a Mid -Management position all previously accrued compensatory time must be paid or used prior to the promotion. ARTICLE VII - RETIREMENT 7.1 The City of Lod] provides retirement benefits through the Public Employees 1tctirernent System. Employees shall receive the following retirement benellts: Miscellaneous 2`%> (i 55 plan W 1957 Survivors Benefit ® 1959 (flus 25%) Survivors Benefit ® Ordinary disability vested at 30% at 5 years increasing t% per year to maximurn of 50% 0 50% survivor -s continuation ® Credit for Unused Sick Leave a Military Service Credit as Public Service Employees shall pay the employee portion of Retirement Benefits as follows: January 1, 2012 through June 30, 2013 — 3.3 % July 1, 2013 and thereafter — 7.0 % 7.2 During the term of this agreement, the LCMMA agrees to reopen for negotiations the proposed CalPERS plan amendments (2% @ 60 for new hires) upon reaching agreement for the neer CaIPERS plan with all miscellaneous units. ARTICLE VIII - VACATION LEAVE 8.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits: Beginning with, Date of I -lire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.23 hours per pay period 15th year 6.16 hours per pay period 21st year 6.47 hours per pay period Page 3 CITY OF LODI AND LODI CITY MID-MANAGEIMENl ASSOCINI ION — MOU 20x2 -20x.2 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year 7.71 hours per pay period 8.2 Er3ihloyees hired after July 1, 1994 shall :receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per hay period 12th year 5.23 )IOU ;s per pay period 15th year/above 6.16 hours her pay period 8.3 Employees promoting into a Mid -Management position will follow the vacation schedule referenced in articles 8. 1, or 8.2,depending on their initial employment with (fie City of Lodi. 8.4 Vacation leave shall be used in increments of not less than quarter hours. Vacation may not be carried over to the subsequent year in excess of the amount earned in two calendar years unless authorized by the City Manager. ARTICLE IX - ADMINISTRATIVE LEAVE 9.1 Bmh4oyees will be given eighty (80) hours of administrative leave per calendar year. Balances must be used prior to December 30 or they will be lost. 9.2 New eniployees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, with six point six seven (6.67) hours granted for each full calendar rrronth remaining in the calendar year with amaximum of 80 hours. 9.3 Employees separating mid -year will receive a cash payout for unused Administrative l.,eave on a prorated basis in accordance with 9.2. 9.4 Employees arc eligible to cash out up to forty (40) hours of their current Administrative leave balance in any calendar year except in the months of May and June. A request to cash out Administrative Leave must be in writing and submitted to the Finance Division. ARTICLE —HOLIDAYS 10.1 All employees shall receive 36 floating hours and the following nine and one half fixed holidays: ® New Year's Day January 1 Martin 1_,uther King Jr. Day 3rd Monday in January ® President's Day 3rd Monday in February ® Memorial Day last Monday in May ® Independence Day July 4 Page 4 CITY OF I.OI)I AND I.ODI CI'TI'MZD-MANAGEMENT ASSOCIATTON — Moll 2012-2013 ® Labor Day 1 st Monday in September "Thanksgiving Day 4th Thursday in November Day after "Thanksgiving Day Friday after Thanksgiving Day ® Christmas 1.1"ve (half working day) December 24 Christmas Day December 25 10.2 laixcd holidays occurring on Saim-days shall he observed on the preceding Fridays; Sunday holidays will be ohserved on the following Mondays, with the exception that if the following Monday were a holiday, the Sunday holiday would he taken on the preceding Friday. 10.3 l`;lectric Utility Mid-Managcnicnt employees shall receive 45 floating hours and the following eight and one-half fixed holidays: ® New Year's Day January I ® Martin Luther King Jr. Day 3r i Monday in January • Memorial Day Cast Monday in May ® ladependenee Day July 4 ® Labor Day ht Monday in September ® Thanksgiving Day 4ti, Thursday in November • Day after Thanksgiving Day Friday after "Thanksgiving Day ® Christmas 1 ave (half working day) December 24 • Christmas Day December 25 10, 4 Holiday hours may not he carried into the following calendar year. 10.5 If hired or separated mid -year, employee shall he credited or debited with floating Fours per the following schedule: Four Floating Bohdays: Month Hired or Separated I lours Added I tours Subtracted Jan Feb March 36 21 April May June 21 18 July Aug Sept 18 9 Oct Nov Dec 9 0 ARTICLE X I - SICK LEAVE 11.1 Sick Leave is earned at the rate of 3.70 hours per pay period with no litnit on the amount that can be accumulated. Sick leave shall be taken in increments of not less than quarter hours. Page S CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOC.LA'LION - MOU 20.2-2or ARTICLE XII - SICK LEAVE CONVERSION 12.1 Employees fired prior to July 1, 1994, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums or cash under the following options: OP`rION 111 - "Bank" 'rhe number of accumulated hours shall be reduced by 16-2/39/o and the remaining balance converted into days. The days arc then multiplied by the current monthly premium being paid for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will be placed into a "hank" to be used for medical insurance premiums for the employee, and if applicable, leis/her dependents. l,or each year of cmploynient over 1.0 years, 2.5% will be added to the 50% used in determining "hanli" amount. Total premiums shall he paid from the Banl< until its depletion, at which time the conversion benefit stops Employees: may also use their baialcs money to purchase Dental, Vision, and/or Chiropractic Insurance at the current premiums until their ban],, is depleted. OPTION 112- "Conversion" The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. for each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of hremivan paid shall he the same as the premium paid by the City at the time of retirement. Any differences created by an increase in premiums must he paid for by the employee. OPTION 113- "Cash -Out" A retiring eniployec will be able to choose a cash pay-off of accumulated sick leave at the rate of 30% of base pay per hour. OPTION 114,- "Bernice Cre&l " A retiring employee will he able to convert unused sick leave to service credit for Cal Pl,R.S retirement purposes. 12.2 Employees hired anter July 1, 1994 will not have the option of converting unused sick leave time into medical insurance premiums or cash as referenced in OP` TON 1-3. The only option available to these employees is OPTION 114 "PERS SERVICE CREDIT". 12.3 In the event an active employee dies before retirement and that employee is vested in the Sick heave Conversion program (10 years) the surviving dependents have an interest in one-half (1/2) the value of the bank as calculated in Section 12, 1. 12.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion program to purchase medical insurance at the cniployce only premium for the same period as if the retiree had not died. Page 6 CITY O.I;' LODI AND LODI QF1Y MID-MANAGEMI Nr ASSOCIATION—MOIL lox2-2( 12.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time. 12.6 Out of area retirees nnay receive reimbursement for inedical insurance, premiums up to the City's liability as specified in Section 12.l;Option #2. 12.7 Only one City of Lodi employee may carry dependent coverage for another City enployce, therefore, upon retirement the cniploycc play re -enroll as an individual into the health plan in order to take advantage of the Sick heave Conversion program. 12.8 A retiree or surviving dependent may purchase dental, vision, and/or Chiropractic insurance at the City group rate through the Sick Leave Conversion Bank option. ARTICLE, XIII–MEDICAII INSURANCE 13.1 Al I employees are offered medical insurance for themselves and dependents through Cal PERS-Medical flans. City shall pay 100% premium for the employee's family category (Family, Employee 1-1, Single) for the lowest cost PEERS HMO available in Lodi's geographical area (excluding Porac) as of January 1 2012. The City will waive the current eniployee medical contribution effective the first pay period that begins two weeks after this agreement is approved by Council. 11' Ennp€oyee selects a higher cost plan, Ernployee will pay the diffcrecice as a payroll deduction. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional $692.81 per month for family or $532.92 for employee + I dependent will he added to either the employee's deferred compensation account or cash. A single cniploycc who can show proof of group insurance will be elil;i€ale for this provision at one half (1.12) the current amount ($305.22). In order to qualify for this provision, proof of group insurance must be provided to the City. Employees will pay one hundred percent (100%) of the change in medical costs beginning January 2013. The baseline will be the January 2012 lowest cost P1IRS HMO for the employee's family category (Family, $1587.14; Einployee--1, $1220.88; Single, $610.44). 13.2 Only one City of Lodi employee nuay carry dependent coverage for another City employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi on a quarterly basis. 13.3 The City intends to propose a Cafeteria -based benefit program in 2012 with an effective date of January 1, 2013. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The above listed terns of this agreement will be reopened for negotiation upon the City's presentation of a Cafeteria plan. ARTICLE XIV - DENTAL INSURANCE 14,1 Employees are provided fully paid fan -i ly dental insurance Page 7 CITY OF NODI AND LODI CITY MID-MANAGEMENTASSOCISHON —MOU 2o12-2012 14.2 Maximum benefits arc $1,000 for each family ryiember enrolled into the dental plan, per calendar year There is a $25 deductible plus co-insurance features. ARTICLE XV - VISION INSURANCE 15.1 Employees are provided with family vision care insurance through f"ision Service Plan. Services and amount ofcovcrage arc outlined in the VSP Summary of Benefits. ARTICLI XVJ - LIFE INSURANCJS 16.1 I niployees arc provided with a life insurance program providing for 2 times the annual salary to a maximum of $250,000. `fhe amount of insurance to reduce to 65% after the 70th birthday but before the 75th birthday. The amount of life insurance after the 75" hirthday is reduced to 50%. In addition, a shouse will he covered for $1,500. Dependent children between the ages of birth through the 20a, birthday will be covered for $1,500. ARTICLE XVJJ - LONG-TERM DISABILITY INSURANCE 17.1 City will provide Employee referral to a long term disability plan provider. Any iiisurancc coverage purchased shall be. at employee's expense. ARTICLE XVIII - LEAVES AND LEAVES OF ABSENCE 18.1 A leave oi'abscnce may be granted for a specified period of time (not to exceed one year) with or without pay, for an employee to be absent from duty for a specified purpose. No such leave shall be granted except upon written request of the cniploycc, setting forth the reason for the request and the duration of such leave. 'fhe granting of a leave of absence provides the employee the right to return to the sante position or a position similar to the one vacated. Requests for leave of absences for medical reasons must be accompanied by the appropriate health care practioncr's documentation. A leave of absence sliall not constitute a break in service for purposes of the City of L.odi's service award, nor shall it impair an cniployec's status as a regular full-time employee. An employee returning to employment after a leave of absence shall retain the same status and shall be placed at the same salary step in the pay rango in effect for the class as the employee received when the leave of absence commenced. I_smployees shall not be entitled to a leave of absence as a nnatter of right (except as provided by hederal or State law), but only upon the dctcrniination of the City that it is in the best interest of public service and that there is a presumption that the employee intends to return to work upon the expiration of the leave of absence. Failure on the part of the employee on leave to report promptly at its expiration, or at a reasonable bine after notice to return to duty, shall be considered abandonn7ent of position Page 8 CITY OF LODI ANDIJODI GI`IY MID M�N�G�,MI'sN'1 ASSOCIATION MOU 2oi2-zoza 'The approval of a leave of absence is subject, but not limited to a number of considerations such as length of employment, performance record, reasons for the leave of absence, the effect of the absence on the department, and duration of the leave of absence. II.E.RS. contributions will continue to be made as long as an employee continues to receive compensation from his/her accumulated leave balances. The amount of the contributions will vary according to the amount of compensation being received from the accumulated leave balances. While an employee is on a leave of ahsencc, he/she nnay receive compensation from his/her accumulated leave balances in accordance with applicable City policies. The. amount of compensation received from these balances determines the employee's pay status. 18.2 An employee is on pay status when they are receiving compensation from hisiher accumulated leave balances. To be eligible for City benefits, a regular, full-time employee must be on pay status at the rate equivalent to hours worked in at least one half of a pay period. The only exception to this condition pertains to the receipt of compensation from accumulated leave balances while receiving Workers' Compensation payments. Such employee must use all hisiher accumulated leave balances until exhausted. 18.3 A leave of absence with pay is when an employee is considered to be in a pay status. An employee in a pay status will continue to receive all benefits including leave accruals. 18.4 A leave of absence without pay is determined as such when all employee is no longer in a pay status or has exhausted all accumulated leave balances (according to applicable City policies). A leave of absence without pay shall constitute a break in service for the purposes of determining benefit eligibility, performance evaluation and subsequent merit increase eligibility time frames if the employee is not on pay status at the rate equivalent to hours worked in at least one half of a pay period. The length of such leave to the nearest pay period shall be deducted from service credit. Failure of an employee to return to hisiher employment upon the termination of any leave of absence may result in the employee being required to reimburse the City for health insurance premiums paid by the City during the leave. For reasons other than disability, employees and their dependents may continue their health/medical insurance by paying the premiums for such time as the employee is in a leave without pay status. All employees granted a leave of absence without pay may have hisiher personnel action date extended by the amount of the leave of absence, if such absence is greater than one pay period Page 9 CITY OF LODI AND 1,0111 CITY MID -MANAGEMENT ASSOCIATION—MOU 2012,-9o1g 18.5 All leaves of absence shall be requested in writing by the employee and shall require written approval by the Department Head. In addition to Department Head approval, leaves of absence without pay shall be approved by the City Manager. All requests shall be routed through the Human Resources Division and must include the following inforination: (1) Employce identification information such as employee number, class title, etc., (2) Dates of commencement and expiration; and (3) Reason for ahscncc. 18.6 A Nrsonnel Action 1{orm shall be submitted by the respective department to the lluman Resources Division for all leaves of absence without pay with a duration greater than one full pay period. The form should be submitted prior to the commencement of such leave and immediately upon or prior to the cnlployec's return to work. 18.7 All employees must have tirneshects/cards submitted to payroll during leaves of absence indicating the type and amount of accumulated leave balance(s) to be charged. An employee on a leave of absence without pay should submit his/her timeshect/card indicating such status. ARTICLE XIX– TUI'T'ION REIMBURSEMENT 19.1 Participation is limited to full-time regular employees of the City of Dodi 19.2 City shall reimburse employees the cost of tuition and books (including software) upon the satisfactory completion of,job related coursework. Lmployees must maintain continuous service from the date a course begins io the date of its completion. l:I'mployees shall not be eligible for reimbursement when a course is paid for by another source. 1) Employees shall receive up to a maximum of $3,000 per fiscal year (including books and software), to be paid upon the satisfactory completion of course work. A fiscal year is the period between July I and June 30; the final date of class shall determine the fiscal year in which that course falls. You cannot request reimbursen-lerit for a course in a fiscal year that the course did not end. For example: if you coniplete a class in June, but not request reimbursement until August, funds for your reimbursement would be derived from the previous fiscal year. Page 10 CI'I'Y OF I.ODI AND I.01)I CITYMII)-MANAGI,MI;N'I' ASSOCIATIONS MOU 2012- 2013 Course work must be part of a program of study towards obtaining an Associate of Arts, Bachelor's, or any higher degree. The college or university crust be accredited from one o f the eight regional accredited associations listed below: ® Middle States Association of Colleges and Schools Middle States Commission on Iligher Education ® New I ,ngland Association of Schools and Colleges Commission on Institutions of Higher Education ® New Fngland Association of Schools and Colleges Commission on `Technical and Career Institutions ® North Central Association of Colleges and Schools'l'he Highcr Learning Commission Noclhwest Commission on Colleges and Universities ® Southern Association of Colleges and Schools Commission on Colleges ® Western Association of Schools and Colleges, Accrediting Comn-ussion for Community and Junior Colleges ® Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities 19.3 Courses should pertain to an employee's career field, thus enhancing his/her career advancement opportunities and job skills. Courses related to an employee's job duties and responsibilities must exceed the educational level required to qualify for the employee's current classification. 19.4 Prior to enrollment in a course, the employee shall submit an application for participation in this program to his/her Department Head. 'The Department I lead shall review the application and determine eligibility according to the 'Tuition Reimbursement policy and the appropriate memorandum of understanding. If the application is denied, a letter shall be sent by the Department Head to the employee explaining why it has been disapproved. If the application is approved, the Department Ilead shall sign the application and return it to the employee, who shall be responsible to retain it until the course is completed. Upon completion of the course of instruction, the employee shall submit to the Department Head evidence of satisfactory completion (grade of "C" or equivalent or better). For ungraded courses, a statement from the school or the instructor crust indicate successful completion of the course. "This shall be accomplished within 60 calendar days -of the completion of the course. In the event that such cannot be furnished within this time period, the employee shall provide a written statement explaining the reason for the delay. 'fhe Department I -lead shall then authorize payment of the appropriate reimbursement The completed application, receipts, and evidence of grade shall be forwarded to Hucnan Resources for approval. Once approved by Human Resources the packet will be Page 11 QI'I-'_OT< LODI AND LOIN CITY MID—MANAQ MT N'r ASSOGIATTON—UOU 20ik---ac-x3 forwarded to the Finance Division and a reimbursement check shall be issued to the employee. 19.5 Participation in courses must not be during regular work hours and must not result in reducing either the normal work week of the employee or the quality and quantity of his/her services to the City; except (fiat the City may grant time off for attendance at courses during working hours if the course is given at no other times and if such time off does not disturb normal City operations. The best interests of the City shall at all times be the determining factor in the consideration of such time off. Employees must complete courses within the regulation period of time allowed for them by the school or professional organization. Participation in this program is to be considered a privilege rather than a right of the employee. The City reserves the right to disapprove reimbursement for courses if the course requested is available at a substantially lower cost at a local school or college. ARTICLE XX — PROBATION 20.1 Employees have a probationary period of one year. During probation, new hires Have the same rights and privileges as regular employees, except that: City and employee may mutually agree to an extension of the probationary period up to six additional months. ® Termination cannot be grieved. New hires and promotional appointments shall be eligible for a merit increase at the completion of probation. ARTICLE XXI - PERSONAL LJAlJJATY 21.1 Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their capacity for the City of Lodi and/or from any cause of action for property damage, or damages for personal injury, including death, sustained by person(s) as a result of a decision made in their capacity, except that: A. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the City determiDes that: 1. The act or oinissions was not within the scope of their employment; or 2. They acted or failed to act because of actual fraud, corruption, or actual malice; or Noe 12 CITY OF 1..ODI AND NODI. CITY MID -MANAGEMENT ASSOCIATION - MOU 2oi2-a�3 3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. I3. The City is not required to but may pay any claim of judgment for punitive or cxetnplary damages under the following circumstances: 1. The judgment is based on an act or omission of an employee or former eniploycc acting; within the course and scope of their employment as an employee of the City. 2. At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice, and in the apparent best interests of the City. 3. Payment of the claim of judgment would be in the best interests of the City. ARTICLE XXI1- GRIEVANCE PROCEDURE 22.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: A. Interpretation or application of any of the terms of this agreement, including l xhibits thereto, Letter of Agreement, aiid formal interpretations and clarifications executed by the Association and City. 13. Disputes as to whether a natter is proper subject for the Grievance Procedure. C. Disputes which may be of a "class action" nature filed on behalf of the Association or the City. 22.2 Class action Grievances shall be submitted in writing from the LCMMA's President to the City Manager or vice versa. 22.3 S FP ONI1 Discussion between the employee, the Association Representative and the Department Head, who will answer within ftflcen work days. This step shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 22.4 STET TWO If a grievance is not resolved in Step One, Step Two shall be the presentation of the grievance, in writing, by the Association Representative to the City Manager, who shall answer, in writing, within itfteen work days of receipt of the grievance. The City Manager's decision shall be final and binding. Step `Two shall be taken within fifteen work days of the date of the answer in Step One. Page 13 CI'i'I' O1 LODI AND UQDICi'IY MID-MANI�GI.MisNT ASSOCIATION -- MOU 2-Q!2-29 ARTICLE XXIII - DISCIPLINARY PROCEDURE, & PROCEEDINGS 23.1 In order to establish employee standards of conduct and work performance that arc consistent with the efficient and effective delivery of public services, this section outlines those circumstances under which disciplinary action may he required. 23.2 The following may be causes for disciplinary action including, but not limited to, written reprimand, demotion, suspension, or discharge of any employee. The purpose of specifying these causes is to alert employees to the more common types of disciplinary issues. However, this list is not all inclusive and there may arise instances of unacceptable behavior not included in this list. A. Improper or unauthorized use or abuse of sick leave. 13. Inability to maintain regular and consistent attendance, which prevents the reasonable availability for assigned duties. C. Absence without authorized leave; repeated tardiness to assigned work, leaving; assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked. D. Misconduct; willful or negligent violation of any City rule or policy. E. Insubordination. F. Acceptance of gifts or gratuities in connection with or relating to the employee's dutics. G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following a plea of nolo contendere, to a charge o f a felony or any offense involving moral turpitude is deemed to he a conviction. H. Fraud or the submission of false information related to employment application, payroll, or any work-related record or report. 1. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely affects the employee's City work performance; or conducting personal business on City time. J. Discourteous treatment of the public or City employees or disorderly conduct on City property or on City business; for example, fighting, using profanity, intimidation, or abusive and threatening; language. K. Conduct that interferes with the rcasonahlc management, operation and discipline of the City or any of its departments or divisions or failure; to cooperate with superiozs or fellow employees. L. Engaging in political activities while on duty, in uniform or using the authority associated with City employment. M. Violation or neglect of safety rales or practices. N . Behavior, either during or outside duty hours, which is of such a nature that it causes discredit to the City or one of its operating practices. O. Refusal or inability to improve job performance in accordance with written or verbal direction after a reasonable trial period. I'. Inefficiency, incompetence, or negligence in the pertbrrnance of dutics, including failure to perform or complete assigned tasks or training in a prompt competent and rcasonahlc manner. Page 14 CITY OF LODI AND LODI CITY MID: MANAGI MI NT ASSOCIA'I'ION - MQLT 2012-?oi3 Q. Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. R. Intoxication, incapacity or possession or use of controlled substances or alcohol on City property and/or at the worksite. S. Failure to obtain or maintain possession of the minimum qualifications for the position. T. Careless, negligent, or improper use of City property, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property. U. Unauthorized release or use of confidential iifori-nation or official records. V. Farticipation in an illegal strife, work stoppage, slowdown, or other job action against the City. W. Inability to perform the duties of his/her,job. X. Dishonesty, Y. Possession of Firearms on the.job (except for law enforcement personnel). Z. Sleeping on the Job. AA. Theft. BB. Retaliation for actions protected by law. CC. Failure to report loss of or damage caused to City equlpinent and/or facilities for which the employee was responsible. DD. 'Threats of violence against City employees and/or City property. Bl;. Violation of the Fair Political Practices Act. 23.3 I'I;RSONS WI -10 MAY TAKE. DISCIPLINARY ACTION. `rhe City Manager or any Department Director or designee may take disciplinary action against an employee. 23.4 CONSIDERATIONS IN "1'I1I DF-11RMINATJON OF TYPE,' OF DISCIPLINARY ACTION. Where appropriate, the City practices a progressive disciplinary process. The considerations used in determining the type of disciplinary action shall be considered on a case-by-case basis. Such considerations shall include, but not be limited to: the employee's work history and performance record; the nature and severity of the infraction; aggravating and mitigating circumstances associated with the offense; and any extenuating factors. 23.5 `T'YPE'S OF DISCIPLINARY ACTION. The types of disciplinary action that may be taken shall include but not be limited to oral reprimand, writtea reprimand, demotion, suspension, reduction in pay and dismissal. 23.6 NOTICE OF DISCIPLINARY ACTION. Those disciplinary actions beyond an oral reprimand shall be in writing and include the following: A. The causes/reasons for the disciplinary action, which may include the performance expectations, rules, regulations or policies that have been violated. 13. The effective date(s) of the disciplinary action. C. Any rights of appeal. CITY OF 1,01)I AND LODI CITY MID -MANAGE ENT ASSOCIATION — MOU 2oi2 2oi3 23.7 APPEAL OF DISCIPLINARY ACTION. An employee shall have the right to appeal any disciplinary action through the appropriate chain of command. The appeal process shall be composed of the following steps: A An appeal shall be submitted in writing to the person who proposed and enacted the discipline within fifteen (15) business days of the date of notification for disciplinary action. 13. The person who proposed and enacted the discipline shall respond in writing within fifteen (15) business days of the date of receipt of the employee's appeal. C . If resolution is not achieved at that level, the employee may submit an appeal in writing to the Department Director within fifteen (15) business days of the date of the supervisor's response. D. The Department Director shall respond in writing within fifteen (15) business days of the date of receipt of the appeal. E. If resolution is not achieved with the Department Director, the employee may submit an appeal in writing to the City Manager within fifteen (1 5) business days of the date of the Department Director's response. 1i. The City Manager shall respond in writing within fifteen (I 5) business days of the date of receipt of the appeal. G. If resolution is not achieved with the City Manager, the employee may submit a request in writing to the City Clerk for the Personnel Board of Review to hear a review of the case within fifteen (15) business days of the date of the City Manager's response. FI. A hearing by the Personnel Board of R.cview shall be scheduled within fifteen (15) business days of the date of receipt of the request by the City Clerk. The hearing by the Board shall he a public hearing, unless the cralployee desires a closed licaring. 1. The Personnel Board of Review shall have the ability to rule on the factual basis of the offense and the severity of the punishment J. The Personnel Board of Review shall submit a statement of opinion to the employee, City Manager, and the employee's Department Director in writing within fifteen (15) business days of the hearing. The decision of the Board shall he advisory to the City Manager. K.. Final Notice of Disciplinary Action: Following review of alae 1'ersonn6 Board of Review's reconimendation and the deterinination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken and the employce's appeal rights. 'The l incl Notice of Disciplinary Action shall be provided to the employee in writing within 15 days of receipt of the Personnel Board of Review's Statement of Opinion. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Hurnan Resources Manager. "hhe Final Notice of Disciplinary Action shall be delivered personally to the employee or shall he sent by registered or certified mail. I.. Failure, by either party to respond in a tinily manner would result in judgment for the opposing party. 23.8 Judicial review of any decision rendered under this section shall be governed by Code o1' Civil Procedure section 1094.5 NNq,�e 16 CI'T'Y OF L,ODI AND NODI CITY MID -MANAGEMENT ASSOCIATION — MOIJ 2012--2013 23.9 For employees covered by the requirements of California Government Code Section 3300 et. sey., the appeal procedures in this section shall be deemed to comply with and fully satisfy the right to an administrative appeal under Government Code section 3304. 23.10 FLSA Exempt Employees: With respect to employees in classification deemed exempt from the overtime requirements of the hair Labor Standards Act ("FLSA") disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the IiL.SA's governing regulations. AR`T`ICLE XXIV — CITY RIGHTS 24.1 It is further understood and agreed between the parties that nothing contained in this MOIJ shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to: ® Determine the mission of its constituent departments, commissions, and boards • Set standards of service ® Determine the procedures and standards of selection for employment ® Direct its employees • Maintain the efficiency of governmental operations w Determine the methods, means, and personnel by which government operations are conducted • Take all necessary actions to carry out its mission in emergencies • Exercise complete control and discretion and the technology of performing its work. City Rights also include the right to determine the procedures and standards of so] ection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content of j ob classifications; provides, however, that nothing herein may be read to extend the term of the MOIJ nor to supplement negotiations as a means for arriving at terms for a successor MOU. ARTICLE XXV — EMPLOYEE REPRESENTATION 25.1 This M.eniorandunl of Understanding (MOU) is entered into bctween representatives of the City of Lodi (City) and representatives of the Lodi Mid -Management Association (LCMMA). The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq., of the Government Code of the State of California, and further acltnowledge and agree that all matters upon which the parties reached agreement are set forth herein. Both parties each certify without reservation that an adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject matter during the course of collective bargaining preparatory to signing this Page 17 CITY OF LODI AND LOW CITYMID-U NACrI?MNNJ ASSOCIATION — MOU 20 2-20� agreement. The City will meet and confer before changing a policy or rule that is subject to mect and confer under the Mcycrs-Milias-Brown Act (MMBA). The tcrnis and conditions of this MOU shall continue in effect during the term of this MO1J. `fhc City aiid the LCMMA agree aiid understand that if any section of the MOU conflicts with any ambiguity will policy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to). The terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure, city resolutions, or city ordinances, ctc. be resolved in favor of the MOU language, If the MOU is silent on any issue, the applicable document (i.e. policy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to. The City agrees to recognize LCMMA representatives for the purpose of representing menkers of the LCMMA on all platters relating to the administration of this MOU, and upon the request of an employee, on adverse actions and other matters which may be or are on appeal in accordance with the discipline article of this MO1J. 26.1 In the event that any provision of this MOD is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. Page 18 CI'I`5.' OIa k_.QDIAN D I.,O1)I CI`I Y MIp-MANAGFMk,N'I' 11SSOCIA'I kON 1VIOU .a�72-20 Mid -Management Positions Classification .. Accountant Associate Civil Engineer Associate Planner � ______ ��_ I3t€ildin r_Official-...... -- City Planner/Planning Manager Community Center Manager - - Conipliance En 'neer Construction Project Manager Deputy Public Works Director - City I�Publie Works Director -Utilities - Electric C�crations Superintendent Electric Utilit Rate A€�alyst� J Information Systems Manage€__ _ Lab113rnvironmental Compliance SPerintendent -Librarian-I Librarian 1.1 _Library Services M.anal;e€........ _--......-_. Manag nlcnt A€ga t --- ------- - _. _Manager, Customer Service &Programs_ Nei 7hborhood Services Manage€'- �- _Network Administrator_ Rates and Resource Manager _- Recreation Manager Recreation Superintendent Senior Civil Senior Power Engineer Senior ProgrammerlAnal._si Supervising A c c o u i i t a€it - fran portation Manager/S€- Traff cI�:ngineer Wate€'/Wastewater Superintendent ATTACHMENT A OCC Step A Step f3 Step C Steffi D..___ _. _Step l 348 _ 4797.90 - 5037.75 5289.68 5554.18 5831.86 66 5813.22 6103.88 6409.07 6_729.53_ 7066.00 68 4744.09 4981.30 5230.36 5491.88_ 5766.47 87 - 7229.59 7591.09 7970.59 8369,1.8 ..6885.38 45.9 7041.86 7393.95_ 7763.64 8151.83 8559.42 I ( 4$97.43 5 14 2.3 0 5399,42 5669.39 5952.85 65 5813.22 6103.88 6409.07 6729.53 _ 7066,00 442 5299.02 5563.97 5842.16 61.34.28 6440.99 46-.- 9065.32 9518.58 9994.49 10494.24 11012.40 47� _9065.32 9518.58 9994.49 10494.24 11012.40 163 8227.03 8638.38 9070,30 9523.81. 10000.00 418 6012.43 6313.13 6628.75 6960.15 7308.23 15 6774.18 7112.89 7468.54 7841.96 8234,06 3_86 6120.87 64_26.83 6748.22 7085,64 7439.90 220 4107.43 4312.80 4528,44 4754.86 4992.61 222__.. 4518.18 _4744.09 4981.29 5230.36 5491.87 -_. .-..�- __.. .- 227 54_09.25 5679.66 5963.69 6261.89 6574_.95 438 4776.43 5015.25 5265.96 5529.36 5805.78 142 6744.66 7081.88 7435.99 7807,79 8198.18 358.._._6887.27 7231.5_4 7593.17 7972.82 8371.47 122 5891,81 6186.37 6495.64 6820.41 7161.47 285 5911.63 6207.21 6517.57 6843.45 7185.62 167_ 8227.03 8638.38 9070.30 9523.81_ 10000.00 334 4452.1.6 4674.80 4908.59 5154.01 5411.68 338 4897.42 5142.30 T5399.41 5669.38 5952_.85 155 6558.36 6886.48 7230.74 7592.48 7971.70 149 7356.09 _7723.79 8109.36 8515,05 8940.86 1.34 5355.35 5623.09 5904.20 6199.40_ _6509.41 342 5647.31 5929.67 6226.16 6537.47 6864.34 43 6559.00 6887.15 7231.44 7593.20 7972.46 432 61.86.64 6495.97 6820.77 7161.81 7519,90 Page 1 CI'T'Y OFID-DI AND LODI CI`Iy MTnn-mANArymENT 2012-2013 CITY OF LORI NODI CITY MID-MANAGEMI NT ASSN a Municipal corporation KONRAD'I' l ART -LAM KININ BELL City Manager President Date: .._ __-- Date: DEAN GUALCO JOSEPH WOOD I I I I Manager Vice -President Date: Attest: RAND[ ,IOIU. City Clerk APPROVED AS TO FORM: D. STEPHEN SCHWABAUER City Attorney Page I KA'T'HRYN GARCIA Secretary/Treasurer Datc: