HomeMy WebLinkAboutAgenda Report - May 16, 2012 C-11AGENDA ITEM Co • I k
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Changes to Memorandum of Understanding for
AFSCME — General Services and Maintenanceand Operators, Lodi Professional
Firefighters, and Lodi Mid -Management, Amendment to the Executive
Management Statement of Benefits, and Changes to Confidential Employee
Benefits
MEETING DATE: May 16,2012
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving changes to memorandum of
understanding for AFSCME — General Services and Maintenance
and Operators, Lodi Professional Firefighters, and Lodi
Mid -Management, amendment to the Executive Management Statement of Benefits, and
changes to Confidential employee benefits.
BACKGROUND INFORMATION: The proposed changes are a consequence of contracts approved
for various bargaining groups allowing for other groups to receive
the same benefits (me -too language), and to update some
aspects of recently approved MOUs. The proposed changes are
as follows:
Executive Management and Council Appointees — The amended Executive Management Statement
of Benefits is included in Appendix A The amended Statement of Benefits includes modifications to
retirement and medical insurance as directed by Council in their March 21, 2012 meeting. The
statement has also been amended to conform to existing City Policies.
Mid -Management MOU — Amend Article XVII (Long -Term Disability) as follows: "A long term disability
program which, coordinated with other disability benefits, shall provide a benefit of 66-2/3 percent to a
maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability.
This program commences sixty (60) days from the date of disability. Please refer to the City's Policy on
Long Term Disability. The maximum length of coverage is three (3) years from date of disability."
Additionally, add classifications of Wastewater Plant Superintendent, Chief Water Treatment Plant
Operator, Assistant Planner, and Assistant Engineer to the list of those positions represented by the
Mid -Management Association (Appendix B).
Confidential — Non-exempt employees — ModifyCaIPERS retirement contribution and furloughs to be
consistent with similar benefits authorized by Council on April 18, 2012 for the AFSCME General
Services bargaining group. Thus, for Confidential— Non-exempt employees their additional benefits
Bartlam, City Manager
would be:
• Add (24) twenty-four hours of floating furloughs to be used by December 31, 2012 and (48)
forty-eight fixed furlough hours from July 1, 2013 to December 31, 2013.
• Employees will continue to pay 1 percent of the employee's share of retirement through
December 31, 2012. Beginning January 1, 2013 employees agree to pay 3.3 percent share of
their retirement costs through December 30, 2013. Beginning December 31, 2013 employees
agree to pay the full 7 percent share of retirement costs and there will be no further unpaid
furlough days.
• Those employees whose annual base salary, adjusted for furloughs, is less than $40,000 will
have their medical insurance premiums calculated according to Appendix C. This change will
mirror the calculationfor the AFSCME bargaining groups.
• Include long-term disability benefit as detailed in Mid -Management section of this Council
Communication.
Confidential — Exempt employees - Include long-term disability benefit as detailed in Mid -
Management section of this Council Communication.
AFSCME — General Services and Maintenance and Operators MOU's were revised so the structure
and organization of the articles would be consistent between the two agreements. There is no change
to any term or condition of the MOUs as a result of the reorganization. Please see Appendix D for a
revised copy of the General Services MOU and Appendix E for a revised copy of the Maintenance and
Operators MOU. Appendix E also includes a revised salary chart that includes updates that were
approved by Council at their March 21, 2012 meeting.
Firefighters - Revise salary chart to reflect Emergency Medical Technician incentive being included
into base salary (Appendix F) as approved by Council at their April 18,2012 meeting.
FISCAL IMPACT: No fiscal impacts that have not already been presented to council
FUNDING AVAILABLE: Not applicable
Jordan -Ayers, Deputy City Ma ger/Internal Services Director
Dean Gualc , Human Resources Manager
Attachments
APPENDIX A
EXECUTIVE MANAGEMENT
STATEMENT OF BENEFITS
MARCH 18,1998
AMENDED BY ACTION OF THE CITY COUNCIL ON MAY 16,2012
INDEX
A
R
Administrative Leave
10
Retirement
8
At -Will Status
10
S
C
Sick Leave
12
CatastrophiceLeave$efik
24
Sick Leave Conversion
13
Compensation
2
Stipulation0fof Benefits
4
D
T
Deferred Compensation
5
Tuition Reimbursement
22
Dental Insurance
17
V
E
Vacation Leave
9
Executive Management Classifications
1
Vision Insurance
18
Executive Physical Examination
15
W
F
Witness Subpoenas
25
Flexible SpendingAccount
6
Family Medical Leave
21
H
Holiday Leave
11
Hours M a n d Overtime
7
J
Jury Duty
25
L
Leaves a n d Leaves9fof Absence
21
Life Insurance
19
Long -Tenn Disability Insurance
20
M
Medical Insurance
16
P
Professional Liability
23
Formatted: Font: Bold 1
CITY OF LODI EXECUTIVEMANAGEMENT STATEMENT OF BENEFITS March 1998
ARTICLE I - EXECUTIVE MANAGEMENTCLASSIFICATIONS/AT WILL STATUS
1.1
1.2
1.3
1A
1.5
1.6
1.7
Executive Management employees are "at -will" and serve at the pleasure of the
appointing authority. Executive Management employees fall under three categories:
City Council appointees; City Manager appointees; and Library Board appointee.
Classificationswhich serve at the pleasure of the City Council are as follows:
City Attorney
City Clerk
City Manager
Classificationswhich serve at the pleasure of the City Manager are as follows:
Community DevelopmentDirector
Deputy City ManagerMtemal Services Director
Economic Development Coordinator
Electric Utility Director
Fi e T;« ..t..
Fire Chief
Parks, -and-Recreation and Cultural Services Director
Police Chief
Public Works Director
The Library Services Director serves at the pleasure of the Library Board.
Employment with the City of Lodi shall serve as employees sole and exclusive
employment unless otherwise approvedby the City Manager.
Upon hire, Executive Management employees will be subject to a contract as a condition
of employment.
To the extent that language in the contract entered into between the City and an Executive
Management employee is found to conflictwith this statement of benefits, the language
of the contract shall govern.
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March, 1998
2.1
2.2
2.3
ARTICLE 11 —COMPENSATION
Purpose of the Executive Management Compensation System
The primary purpose of the Executive Management compensation system is to recruit and
retain the best available talent for a given position and provide incentives for peak
performance. This requires that pay ranges be competitive in making the City a desirable
place to work and that a rational pay and incentive system be in place.
Compensation Principles
The principles by which Lodi's Executive Management compensation system operates
are:
• Market Equity: Salary ranges for a given position will normally be similar to salary
ranges of comparable agencies for which the City of Lodi competes for employees.
• Compensation: The compensation of Executive Management employees will be
based on performance, market, and needs of the City. Accordingly, managers will
receive as a minimum an annual performance evaluation developed between the City
Manager and the employee.
Definitions
1. Control Point — a point upon which the salary range for an Executive Management
position is based. The bottom of the range is 10% below the Control Point, and the
ceiling of the range is 10% above the Control Point. Control Points are recommended
by the City Manager and approved by the City Council, using external salary
comparisons and internal salary relationships. While there are no "steps" in
Executive Management salary ranges, the Control Point may be considered to be
similar to the "C" step for positions with steppedpay ranges.
2. Cost Of Living Increase — an increase to the Control Point for each Executive
Management position as approved by Council. A Cost Of Living increase to the
actual salary of an employee is subject to approval by the City Manager.
3. Equity Increase — a change in the Control Point for a specific Executive
Management position, apart from the Cost Of Living increase, approved by City
Council. An Equity increase may be justified based upon organizational changes,
internal comparisons and/or external market equity survey data. " mar4e` 9uFY Y Wi
be p@FfeFmed at a minimum of ease eveFy three (3) yeafs.
4. Performance Increase — a salary increase granted by the City Manager to an
individual whose performance regularly exceeds j ob standards for that position. A
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
2.4
2.5
2.6
2.7
Performance Increase is designed to apply to a specific individual occupying an
Executive Managementposition and will not raise the Control Point for that position.
A Performance Increase may be granted up to a maximum of 10% percent above the
Control Point for that position and shall not exceed the salary range. Normally
performance increases will occur in steps of 5%.
5. Salary Range — a range of compensation, the bottom of which is 10% below the
Control Point, and the ceiling of which is 10% above the Control Point for an
Executive Managementposition.
General Provisions
1. The Control Point will be the highest salary which an employee may receive, except
for Performance Increases as determined by the City Manager.
2. General adjustments to Executive Management salary ranges will be made by moving
the Control Point in the amount approved by the City Council as a Cost Of Living
increase or by salary survey. Executive salaries will be moved in relation to Control
Point changes as determined by the City Manager.
Appointments
A person appointed to an Executive Management position will receive a salary no less
than 10% below the control point or 10%above the control point.
Performance Review — First Year
After six months from the original date of appointment and with a satisfactory
performance evaluation, the City Manager may grant an increase in salary of not more
than 5%. At one year from the original date of appointment, the City Manager may grant
an increase in salary of not more than 5%.
Annual Performance Review
The City Manager will develop an annual performance evaluation with each employee
which will include goals and objectives in the City's Financial Plan and Budget and other
objectives as may be considered to be appropriate.
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
3.1
3.2
3.3
ARTICLE III —STIPULATION OF BENEFITS
The benefits described herein, reflect the type and, as appropriate, level of benefits
offered to Executive Management employees at the time upen-whleh-this Statement of
Benefits was revised amended (5/16/201244/97). The City reserves the right at anytime
to modify the type and level of benefits offered to Executive Management employees to
the fullest extent permitted by law.
This Statement of Benefits describes fully all matters relating to salary, benefits, hours,
leaves, and holidaysconferred to Executive Management
employees. No additional benefit may be conferred by the City or any City employee to
Executive Management employeesunless authorized in writing by the City Council by
formal action.
The City shall not be required to provide afebthe benefits described in this Statement of
Benefits if individual members are ineligible due to law or regulations.
CITY OF IMI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
4.1
4.2
ARTICLE IV —DEFERRED COMPENSATION
Executive Management employees may participate in the City's Deferred Compensation
Plan. Investment options available to participants are specified in the prospectuses of the
Deferred Compensation administrators. Eligibility is determined by applicable laws and
carrier plans.
City will match up to a maximum of 3.0% of base salary for Executive Management
employees participating in the City's Deferred Compensation Plan, effective as of June
25,2012.
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
5.1
5.2
ARTICLE V —FLEXIBLE SPENDINGACCOUNT
Executive Management employees shall have the option of participating in the Flexible
Spending Account (Section 125 Plan).
Specifics regarding the conditions and administration of the plan are available from the
administrators.
Elections for the calendaryear will be made during the designated open enrollment
period, or if a change in family status occurs.
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
6.1
6.2
6.3
ARTICLE VI —HOURS AND OVERTIME
In addition to working schedules consistentwith regular business hours, Executive Management
employees are required to work hours beyond regular business hours as determined by the scope of
a position's responsibilities, and in accordancewith business necessity and the needs of the City.
Executive Management positions are considered exempt from the overtime provisions of the Fair
Labor Standards Act, and shall not be eligible for compensatory time off (CTO), except where a
Federal emergency is declared. The City Manager will make determinations for compensation
under these circumstances on a case by case basis.
Upon promotion into an Executive Managementposition compensatory time accrued must be paid
or used prior to the promotion.
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March, 1998
ARTICLE VII - RETIREMENT
7.1
The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Executive Management employees shall receive the following retirementbenefits.
The Police Chief is covered under Police, the Fire Chief is covered under Fire and all other
Executive Management employees are covered under the Miscellaneous category.
Police 32% at 50 plan • 1959 Survivors Benefit
• Employees' 9%paid by G4yEmployee
• Credit for " ' Formatted: Bulletsand Numbering
Unused Sick Leave
• Military Service Credit as Public Service
Fire 33% at 50 plan • 1959 Survivors Benefit
• Employees' 9%paid by CkyEmployee
• Single highest year
• + edit for " ""-{ Formatted: Bulletsand Numberinq
Unused Sick Leave
• Military Service Credit as Public Service
Miscellaneous 2% @ 5568 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
• Employee's 7% paid byG}Employee
• + —9oIt for Formatted: Bulletsand Numberina
Unused Sick Leave
• Military Service Credit as Public Service
t Formatted: Left
The City plans to revise its miscellaneousretirement formula for new City hires to a 2% at 60
formula. Executive Management employees (with the exception of Police Chief and Fire Chief)
who are hired by the City after the City transitions to 2% at 60 (which will occur immediately
after the City receives CalPERS approval of the change) will be subject to the new retirement
formula of 2% at 60. Executive Management employees (with the exception of Police Chief and
Fire Chief) hired prior to CalPERS approval will remain at the formula for Miscellaneous as set
forth above.
8
The City plans to revise its public safety retirement formulafor new City hires to a 3% at 55
formula. Any Police Chief or Fire Chief hired by the City after the City transitions to 3% at 55
(which will occur immediately after the City receives Ca1PERS approval of the change) will be
subject to the new retirement formula of 3% at 55. Any Police Chief or Fire Chief hired prior to
Ca1PERS approval will remain at the formula for Police and Fire as set forth above.
i Formatted: Left
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENTOF BENEFITS March. 1998
ARTICLE VIII -VACATION LEAVE
8.1
8.2
Employees hired into an Executive Managementposition prior to July 1, 1994 shall
receive the following vacation benefits:
Beginning with:
Date of Hire:
6th year
12thyear
15thyear
21 st year
22nd year
23rd year
24th year
25th year
3.08 hours per pay period
4.62 hours per pay period
5.23 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
(10 &540.08 hours per year)
(120.12 hours 15 per year)
(135.98 hours! days per year)
(29 Sys 160.16 hours per year)
(21 days 168.22 hours per year)
(22 days 176.28 hours per year)
(23 days 184.34 hours per year)
(24 days 192.40 hours per year)
(' `200.46 hours per year)
Employees hired into an Executive Managementposition after July 1, 1994 shall receive
the following vacation benefits:
8.3
8.4
Employees promoting into an Executive Management position will follow the vacation
schedule referenced in articles 8.1 or -8.2, eF44, dependingupon their initial employment
date with the City of Lodi.
,The maximum amount of unused vacation hours that an employee may accrue, at any_ _,._- 4 Formatted: Not Hiahiiaht
------------------------------------------------------------------------- ------
give time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically
resume once the employee uses some vacation and the accrual balance falls below the
maximum accrual amount.
10
Beginning with:
Date of Hire:
3.08 hours per pay period
-(80.08 hours 10 days
per year)
6th year
4.62 hours per pay period
-(120.12 hours 15 days
per year)
12thyear
5.23 hours per pay period
4135.98 hours P days
per year)
15thyeartabove
6.16 hours per pay period
4160.16 hours 20 clays
per year)
8.3
8.4
Employees promoting into an Executive Management position will follow the vacation
schedule referenced in articles 8.1 or -8.2, eF44, dependingupon their initial employment
date with the City of Lodi.
,The maximum amount of unused vacation hours that an employee may accrue, at any_ _,._- 4 Formatted: Not Hiahiiaht
------------------------------------------------------------------------- ------
give time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically
resume once the employee uses some vacation and the accrual balance falls below the
maximum accrual amount.
10
CITY OF LODI EXECUTIVEMANAGEMENT STATEMENT OF BENEFITS March. 1998
8.5
Under extenuating circumstances, requests to accrue vacation leave over the
maximum may be authorized by the City Manager.
in -A effileafidaFyeaf unless auther4zed by the City Manageft;
Vacation leave may be varied for Council appointees.
m
9.1
ARTICLE IX –ADMINISTRATIVE LEAVE
Beginning calendaryear 1998, Administrative Leave will be given on a calendaryear
basis. To implementthis change, employees will be creditedwith 40 hours of
AdministrativeLeave in January of 1998 (coupled with the 80 hours received in July of
1997), for a total of 120 hours to be used by December 31,1998.
–From 1999 forward, employees will be credited with 80 hours AdministrativeLeave in
January of each year. Administrative Leave balances must be used pr4e • te Deeembw
I O'h of eaeh yesr: no later than the pay period in which December 31" falls.
9.2 ]
New Executive Management employees or employees becoming eligible due to a F ------ Formatted: Indent: Left 0.5"
promotion to Executive Management receive AdministrativeLeave on a prorated
basis, with eiW.67 hours granted for each full calendar —month remaining in the
calendar year with a maximum of 80 hours.
9.3
Executive Management Gmployees separatingmid-year will receive a cash ----"' Formatted: Indent: Left 0.5"
payout for unused Administrative —Leave n a
9.4
prorated basis in accordance with 9.2.
Cash out of up to 40 hours of Administrative Leave will be restored to Executive
Management employees effective January 1, 2013. Executive Management Gmployees
may request that up to 40 hours of AdministrativeLeave be taken as cash payment during
the calendar year 2013, and each calendaryear thereafter, except in the months of May
and June. A request to cash out Administrative Leave must be in writing and submitted
to the Finance Department.
12
10.1
10.2
10.3
10.4
ARTICLE X — HOLIDAY LEAVE
Executive Management shall receive-€burM floatinghol hours andthe following
eight -nine and one-half fixed holidays:
• New Year's Day
• Martin Luther King Day
• President's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Day after Thanksgiving Day
• Christmas Eve (4 hours)
• Christmas Day
January 1
3`d Monday in February_
3rd Monday in February
Last Monday in May
July 4
1stMonday in September
4th Thursday in November
Friday after ThanksgivingDay
December 24
December 25
Formatted: Indent: Left: 0.5", Bulleted +
---- --------Level: 1 + Aligned at: 0.25" + Tab after: 0.5"
+ Indent at: 0.5", Tab stops: 0.75', List tab +
Not at 0.5
Formatted: Bullets and Numbering
Formatted: Superscript
Fixed holidays occurring on Saturdays shall be observed on the preceding Fridays;
Sunday holidays will be observed on the following Mondays, with the exception that if
the following Monday were a holiday, the Sunday holiday would be taken on the
preceding Friday.
Holiday hours may not be carried into the following calendaryear.
If hired or separated at any time other than the beginning of a calendar year, employee
shall be credited or debited with fixed holidays remaining in the year.
The 36 floatinghours will be prorated as follows:
Hired or Separated
Jan -March
April -June
July -Sept
Oct -Dec
lis -Hours Credited
364
273
183
91
13
Bays -Hours Debited
273
182
91
0
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
ARTICLE XI — SICK LEAVE
Sick Leave is earned at the rate of 3.70 hours per pay period with no limit on the amount
that can be accumulated. ..
.- ------ Formatted: Body TeDd Indent
12.1
ARTICLEXII —SICK LEAVE CONVERSION
Executive Management hired 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:
OPTION # 1- "Bank"
The number of accumulated hours shall be reduced by 16-2/3 % and the remaining
balance converted into days. The days are then multiplied by the current monthly
premium being paid by the City for the employee and, if applicable, his/her dependents.
Fifty percent (50%) of that dollar amount will be placed into a "bank" to be used for
medical insurancepremiums 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. Total premiums shall be paid from the Bank until its
depletion, at which time the conversion benefit stops. In the event the retiree dies, the
remaining bank will be reduced by 50% and the survivor may use the bank until the
balance is gone.
Employees may elect to defer using this sick leave conversion option for a period of up to
five years following retirement.
OPTION#2 - "Conversion"
The number of accumulated hours shall be multipliedby 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. In the event any differences are
created by an increase in premiums the difference must be paid for by the employee. The
City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion
program to purchase medical insurance at the employee only premium for the same
period as if the retiree had not died.
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. No further medical benefits will be availablethrough
the City of Lodi.
15
12.2
12.3
12.4
12.5
12.6
12.7
Employees hired after July 1, 1994will not have the option of converting unused sick
leave time into medical insurance premiums or cash as referenced in OPTION 1-3.
In the event an active employee dies before retirement and that employee is vested in the
Sick Leave Conversionprogram (10 years)the surviving dependents have an interest in
one-half (1 /2) the value of the bank as calculated in section 12.1.
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.
Out of area retirees may receive reimbursement for medical insurance premiums up to
the City's liability as specified in Section 12.1; Option #2.
Only one City of Lodi employee may carry dependent coverage for another City
employee, therefore, upon retirementthe employee may re -enroll as an individual into the
health plan in order to take advantage of the Sick Leave Conversionprogram.
The City has modified its contractwith PERS to add credit for unused sick leave per
Government Code Section 20868.8. This benefit is available to all employees regardless
of date hired; however, it is the only sick leave conversionbenefit available to employees
hired after the effective date of July 1, 1994. It is agreed that eight hours equals one day
for purposes of determine days creditable. If an employee opts to solely utilize the
provisions of another option, other than 12.7, the City will report to PERS that they have
zero hours of unused sick leave. If an eligible employee opts to utilize this option in
conjunction with other sick leave conversion options (see article 12.8), the City will
report to PERS a pro rata portion of the unused sick leave.
Example: Sally has I000hours of sick leavewhen she retires after 10years of city
service. She opts to cash out 200 hours and requests that the remaining 800 hours be used
for PERS credit. The City will report 800 hours of unused sick leave to PERS.
12.8 An employee may opt to combine more than one sick leave conversion option as long as
the total time utilized does not exceed the employee's total accumulated sick leave
balance.
Example: Joe has 1000hours of sick leave when he retires after 10years of city
service. He opts to cash out 500 hours and requests that 500 hours be converted into
medical premiums.
16
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS MM3:. 1998
13.1
494
ARTICLE XIII —EXECUTIVE PHYSICAL EXAMINATION
Effective as of May 16,2012, Executive Management employeeswill no longerbe
reimbursed for the costs not covered by medical insurance for
eexpletean annual executive physical examination. as deemed neeessary by the
17
14.1
14.2
14.3
ARTICLE XIV —MEDICAL INSURANCE
Executive Management employees are
pharmmeutieal iRsufaaee. Should ahempleyee decide to eleet single medieal eePefage,
the Gity of Lodi will depesit $25.00 peF pay period h4e the empleyees defefFed
eefapeasafienaeeetifit. if Re eevefage is eleeted $71.15 per- pay peried will be deposited
ffered medical insurance for
themselves and dependentsthroughCal-PERS-Medical Plans. Cityshallpay 100%ofthe
premium for employee's family category (Family, Employee+l, Single) for the lowest
cost PERS HMO available in the Ci of Lodi's go a hic excluding PORAC)_as ___ Formatted: Font: 12 pt
.......----- -----------
---
of January 1,2012.
The City will waive the current employeemedical premium contribution (currently $80
and $104 for employee+I and family coverage, respectively).
If employee selects a higher cost medical plan, employee will pay the difference as a
payroll deduction. If employee elects not to be covered by medical insurance through the
City, an additional $692.81 per month for Family or $532.92 for Employee+l or $305.22
for a Single employee, will be added to either the employee's deferred compensation
account or paid in cash. In order to qualify for this 'cash -out' provision, proof of group
insurance coverage must be provided to the City.
Executive Management Employees will pay 100% of the change in medical costs
beginning January 2013. The baseline will be the January 2012 lowest costs PERS HMO
for the employee's family category (Family, $1,587.14; Employee+l, $1,220.88; Single,
$610.44).
------- Formatted: Indent: Left: 0.5" 1
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 reimbursedby
the City of Lodi on a quarterlybasis.
...... Formatted: Indent: Left 0"
18
The City intends to propose a Cafeteria-basedbenefit 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.
19
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS MXdL 1998
15.1
15.2
ARTICLE XV —DENTAL INSURANCE
Executive Management employees are provided fully paid family dental insurance.
Maximum benefits are $1,000 for each family member enrolled into the dental plan,
per calendaryear. There is a $25 deductible plus co-insurance features.
20
16.1
ARTICLE XVI —VISION INSURANCE
Executive Management employees are provided with sfamily vision care insurance
through Vision Service Plan (VSP). ..la with a $25 -'edustible;Services and amount of
coverage are outlined in the VSP Summary of Benefits on file with Human Resources.
21
17.1
ARTICLE XVII —LIFE INSURANCE
Executive Management employees are provided with term life and accidental
death/dismemberment insurance. In general, the benefits are as follows:
gxe,.• tWe " a na*emeatClassification Benefit
Council Appointees (City Manager, 1-1/2 times annual salary rounded to the next
City Attorney, and City Clerk) highest $1,000, plus $12,000.
Pell .e as 4 ^� Executive Management employees 4442- times annual salary
rounded to next
-other than Council Appointees highest $1,000 plus $2,000.
All -et eF &eoutive Mss merit 1 112 fimes annuel salary retarded to the ne*------i Formatted: Indent: Left: Whighest 1
$1,090,pluss
090.
—Maximum life insurance benefit for Executive
Management employees -is $150,000.
17.2
17.3
17.4
Life Insurance includes dependent coverage as follows:
Spouse dependent $1,500
Unmarried child dependent (age 6 months to 21 years) $1,500
Unmarried student dependent (age 21-22) $1,500
Dependent handicapped child $1,500
Child dependent (under 6 months) $ 150
Executive Management employees are provided with $100,000 of accident insurance
while traveling on City business outside the City limits. Spouses are only coveredwhile
accompanying the City employee on City business, or while conductingbusiness on
behalf of the City.
Executive Management employees are also provided with a $25,000 accidental death
policy, in the event of death resulting from a line -of -duty injury.
22
CITY OF LODI EXECUTIVEMANAGEMENT STATEMENTOF BENEFITS March, 1998
18.1
IMPA
18.23
ARTICLE XVIII —LONG TERM DISABILITY
A long term disability program which, coordinated with other disability benefits, shall
provide a benefit of 66 213'1 of the employee's basic monthly earnings, in the event of
disability. This program commences 60 days from the date of disability. For program
requirements and benefits, refer to the City's policy on long term disability on file with
Hunm Resources.
Employees qualifying for- eevefage shall r-eeeive leng tenn disability benefits
eemmeneing en the 61st ealendar- day following the last day worked. Medical insuFaRee
plaeed in a leave withetA pay status. The City will eeagaue the employees ,
benefits and ebligatiens must be met by the empleyee. Long term disability befiefAs
000ra=nRt` ,
-rhe Peliee Chief and Fire Chief are also eaye«ed under- the „,.,,. isie„s ..f the .------- Formatted: Indent: Left 0.5"
Caii€eM a T .,h.... Qa de Seetien 4850 ifth„ ar..abgil , i •..h ..e!Aea.The maximum
length of long term disability coverage is three (3) years from the date of disability.
23
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENTOF BENEFITS March, 1998
45:4
Employees must submit a physieian's eeitifleate prier- te r-etufning te nennal werk "es,
24
ARTICLEXIX—LEAVES,A&LEAVESOFABSENCEANDFAMILYMEDICAL
LEAVE
WON
19.2
Executive Management employees shall receive all leaves and leaves of absence in
accordance with Federal and State mandates and City policy, as set forth in City's
Administrative Policy and Procedure Manual, Section ("Leave of Absence").
les.
Family Medical Leave
Family Medical Leave for —shall be in accordancewith City policy, as set forth in
City's Administrative Policy and Procedure Manual, Section ("Family Medical
Leave").
a) Family Medieal Leave is available te employees upon reasonable request unless sue
request qualifies as an exseptien to eligibility for- family fnedieal leave, OF
mntia . the lee..e we.,ld eause undue hardship
b) Family Medieal heave is !ewe of absmee up tea total of f ..r (4) menths fi m the
date leave eefameneed within a 12 month per-ied fer- the fbilewing reasons-
..leyee and : order- tee e f .....el. ehild e.. th
ea "d = ehild by In employee (stwu leave must be taken within the 12mefith
2) Tee o f .. e ehiid par-e..t a speuse e ftl.e a pleyee whe has a serieus Leat
. di4ie
n; e
e) The te.... s and a ...,:tion.. f « leaves of absence without t pay pe..tainin . to the .«edieei
v� a==v tivaaa=e
benogwa�.'aFplieable to Family Mcdi$at Leave in a668iaa36e m3th the Cit3'e€
bedi e DeRey and D«eeedur-e
25
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
20.1
ARTICLE XX — TUITION REIMBURSEMENT
Executive Management employees shall
+,.ward Wifi n at an ^ r-editea College ,._ r Tnive..s:,...be eligible for tuition reimbursement
as set forth in the City's Administrative Policy and Procedure Manual, Section T
("Tuition Reimbursement").
`001
CITY OF LODI EXECUTIVE MANAGEMENT STATEMENT OF BENEFITS March. 1998
21.1
ARTICLE XXI —PROFESSIONAL LIABILITY
As provided in Government Code Section 840 and the following, Executive Management
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, sustainedby 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 determines
that:
1. The actor omissions 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
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.
B. The City is not required to but may pay any claim of judgment for punitive or
exemplary damages under the following circumstances:
1. The judgment is based on an act or omission of an employee or former
employee 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
apparentbest interests of the City.
3. Payment of the claim ofjudgment would be in the best interests of the City.
27
22.1
ARTICLE XXII - CATASTROPHICR BANKLEAVE
Executive Management employees shall be eligible for Catastrophic Leave as set forth in
the City's Administrative Policy and Procedure Manual, Section C ("Catastrophic
Leave").
the employee-}r}list have first Wrousted all aeemed leave time. This bank zs funded by
L. 11 1 f the City Manager- his4w
6}' iii} i3'ia}'}age}mAll -S�tFa}isfePCr:ircuia-x cyoiiv-aPPrvr'ur-v^r-cri�crc�-zrzaricc6cr-vi--izxvrnvr
cc »
yAieh i estimated to last f « at least thhty Bale«.la« ,days
requesting employee's .. ste..
All denated hours must be used en a eefAiaueus and unintermpted basis ufAil the ear4iest
of the f llewing events
2. The e}}}pxoyce Ta-aapavyaxcTxc ccmzraccccs
All denatiens must be a minimum of few heur-s.
Hews to be donated shall be kept in a pledge stat..s ....til used As needed, pledged he..«s
.asha/l be debited fr-em the dene«'s leave b.ala..ee and e..edited to ther-eeents , sable
w a al balanees. On editedthe .de atien beeemes iFfeveeable.
Manager- r- de
The CaWstfephe Bank will be administered in weer-danee with the Gatastrephe Leave
PeNey and e
28
23.1
ARTICLE XXIII - JURY DUTY AND WITNESS SUBPOENAS
Jury dutyand witness subpoenas ' i shall be administered in
accordancewith the City's Rules for Personnel Administratio
Weeedwe Manual Section 14.09("JuryDuty/Witness Subpoena") J. GFmdjuFy-seMee
29
Appendix B
MID -MANAGEMENT
ACCOUNTANT
ASSISTANT ENGINEER
ASSISTANT PLANNER
ASSOCIATE CIVIL ENGINEER
ASSOCIATE PLANNER
BUILDING OFFICIAL
CHIEF WATER PLANT OPERATOR
CITY PLANNERIPL:ANNING MANAGER
COMMUNITY CENTER MANAGER
COINTLLa.NCE ENGINEER
CONSTRUCTIONPROJECT MANAGER
DEPUTY PUBLIC WORKS DIRECTOR — CITY ENGINEER
DEPUTY PUBLIC WORKS DIRECTOR — UTILITIES
ELECTRIC OPERATIONS SUPERINTENDENT
ELECTRIC UTILITY RATE ANALYST
INFORMATION SYSTEMS MANAGER
LA.B/ENVIRONMENTAL COMPLIANCE SUPERINTENDENT
LIBRARIAN I/II
LIBRARY SERVICESMANAGER
MANAGEMENT ANALYST
MANAGER, CUSTOMER SERVICE & PROGRAMS
NEIGHBORHOOD SERVICES MANAGER
NETWORK ADMINISTRATOR
PARK SUPERINTENDENT
RATES & RESOURCES MANAGER
RECREATION MANAGER
RECREATION SUPERINTENDENT
SENIOR CIVIL ENGINEER
S R POWER ENGINEER
S R PRO GRAiYLtii iER/ ANALYST
SUPERVISING ACCOUNTANT
TRANSPORTATIONiNL4NAGER/ S R TRAFFIC ENGINEER
WASTE I 3U F ERIN 1 ENDEN7 .
WATER SUPERIN fENDEN
Appendix C
Medical Insurance — Confidential Non -Exempt
Effective January 1, 2013, the maximum amount the City will pay towards
medical premiums will be revised as follows for employees whose annual base
salary, adjusted for furloughs, is less than $40,000.
For those taking single coverage, City maximum amount paid will increase by the
lesser of actual premium increases from CaIPERS or 3%.
For those taking Employee + 1 or Family coverage, City maximum amount paid
will increase as noted below:
• If actual premium increase is 6.55% or less, City will increase maximum
amount paid by the lesser of actual premium increase or 6.55%.
• If actual premium increase is greater than 6.55% and less than or equal to
9.55%, City will increase maximum amount paid by the actual premium
increase over 6.55%, up to a maximum of 3% (9.55%).
• If actual premium increase is greater than 9.55%, City will pay the
incremental difference between 6.55% and 9.55% (Le. 3.00%).
In no event will the amount to be paid by the City exceed 3.00% over the current
City paid amount.
Percentage increases shall be based upon the following amounts: $610.44 for
single, $1,220.88 for Employee+ 1 and $1,587.14 for Family.
Appendix D
MEM,ORAJMUM OF UNDERSTANDING
CITY OF LODI
.110611111111 ►� • • )► •
LOCAL4. •
January 1,2012- December 31,2013
MOU -CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2012-2013
TABLE OF CONTENTS
Page #
CHAPTER 1— SALARIES AND OTHER COMPENSATION
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
5
Article IV
Overtime
5
Article V
Meals
6
Article VI
Temporary Upgrade
7
Article VII
Tools and Uniform Allowance
7
Article VIII
Safety/Safety Boot Provisions
8
Article IX
Education Incentives
8
Article X
Bilingual Pay
8
Article XI
Tuition Reimbursement
8
Article XII
Court Appearances
9
Article XIII
Mileage Compensation
9
CHAPTER 2 — LEAVES
Article XIV
Catastrophic Leave
10
Article XV
Bereavement Leave
10
Article XVI
Holidays
10
Article XVII
Leave of Absence
11
Article XVIII
SickLeave
11
Article XIX
Vacation Leave
11
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Medical Insurance
Article XXI
Dental Insurance
Article XXII
Vision Insurance
Article XXIII
Chiropractic
Article XXIV
Life Insurance
Article XXV
Long Term Disability
Article XVI
Workers' Compensation
Article XXVII
Flexible Spending Account
Article XXVIII
Deferred Compensation
Article XXIX
PERS
Article XXX
Sick Leave Conversion
CHAPTER 4 — UNION / CITY ISSUES
Article XXXI
Article XXXII
Article XXXIE
Article XXXIV
Union Leave
Layoff
Changes in Memorandum
City Rights
`A
13
14
14
14
14
15
15
15
15
15
16
18
18
18
18
MOU -CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2012-2013
Article XXX V
Employee Representation
19
Article XXXV I
Grievance Procedure
21
Article XXXVII
Mutual Consent Contingency
24
ArticleXXXVIII
No Strikes
24
Article XXXIX
Probationary Period
24
Article XL
Promotion
25
Article XL1
Seniority
25
Article XLII
Shop Stewards
25
Article XLIII
status
25
Article XLIV
Term
26
Attachment A — Salary Schedule effective 03/21/12
3
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2012-2013
Chapter 1- Salaries and Other Compensation
ARTICLE I — SALARY
1.1 Bargaining unit members agree to accept the following furlough hours during the
term of this MOU:
July 1,2012 —December 31,2012 — 72 hours, of which 6, 8 -hour days occur on a
fixed day during the month (typically a Friday) and 3, 8 -hour days will be floating
and must be used by December 31,2012 unless there is a scheduled conflict.
January 1, 2013 —December 31,2013 — 96 hours, all of which occur on a fixed
day during the month (typically a Friday) unless there is a conflict.
Fixed and floating furlough leave shall be deducted from bargaining unit
member's salary in equal amounts during the particular term.
1.2 Fixed furlough days will be in accordance with Exhibit D — Furlough Calendar.
For comparison purposes, the recognized survey cites are as follows:
Chico
Clovis
Davis
Fairfield Merced Manteca
Modesto
Redding
Roseville
Stockton Tracy Turlock
Vacaville
Visalia
Woodland
1.3 If any City bargaining unit, group, or City Council (except for IBEV) receives a
salary increase or a higher value medical and/or retirement benefit for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on December
31, 2013 or by resolution adopted by Council this unit will receive the same
benefit. This clause shall not be triggered as a result of a delay in implementing
the medical cap to give affected employees the opportunity to move to a lower
cost plan upon the next available open enrollment period.
ARTICLE II —HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all
representedpersonnel shall be eight (8) hours per day and forty (40)hours per
week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for
eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10
schedule. The lunch period shall normally commence between the third and fifth
work hour at the discretion of the Supervisor.
a. Employees of the Library may work a schedule which includes split days
off. The hours of work shall vary according to a pre -posted work schedule.
b. Parking Enforcement Assistants and Animal Control personnel shall work
a schedule which may provide at least one person to work each Saturday.
4
MOU -CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
C. Alternate work schedules may be developed by mutual agreement between
the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any change in work
hours or work days shall be a meet and confer item.
ARTICLE III — COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be at the appropriaterate for overtime worked.
3.2 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
3.3 No more than one hundred forty-four (144) hours of compensatory time may be
carried on the books at any time.
3.4 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate
of pay or the average of the last three years, whichever is higher, for the
remaining compensatory balance.
ARTICLE IV — OVERTIME
4.1 Overtime work paid at the time and one half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Section 29.1 and 29.2.
b. Time worked on a non -work day.
Time worked on a holiday will be paid at time and one-half rate. Hours worked
on a holiday, as part of an employee's regular work schedule shall be
compensated as above, plus regular straight time pay. Holiday, for overtime
purposes, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve
(12) hours, between 12 midnight and 12 midnight on any given day, or for any
hours between the hours of 12 midnight and 6:00 a.m. Phone calls lasting less
than 10 minutes and does not require substantive work would be paid 1 hour at
the appropriate overtime rate. Calls more than 10 minutes would receive the
standard 3 hour callback at the appropriate overtime rate.
4.2 Employees who are required to report for prearranged work on their non -work
days or holidays shall be compensated at the overtime rate for actual hours
worked, but in no event shall they be paid for less than three (3) hours.
5
MOU -CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
4.3 REST PERIM
If an employee has worked for six (6) hours or more at the overtime rate during
the sixteen (16) hour period immediately preceding the beginning of his or her
regular work hours, on a work day, he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
4.4 Compensation paid to employees called out in emergency situations, outside their
regular work hours, shall be a minimum of three (3) hours pay at the overtime
rate. Additional call outs, during that day, shall be compensated at the overtime
rate for actual hours worked with a one hour minimum. Only one call out
between the hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be
compensated at the minimum three hour period.
4.5 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work days outside of regular work hours, shall be paid overtime
compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into regular work
hours, shall be paid overtime compensation only for actual work time up to
regular work hours.
b. On non -work days or on holidays, shall be paid overtime compensation for
actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be
work for which advance notice has been given by the end of preceding work
period on a work day.
4.6 Those employees (Animal Services Supervisor) serving on an on-call basis shall
be compensated $25.00 per week.
ARTICLE V — MEALS
5.1 If the City requires an employee to perform work for one and one-half (1-1/2)
hours immediately following quitting time, or if any employee is called in more
than two (2) hours immediately before regular starting time, the City shall provide
such employee with a meal. The cost of the meal not to exceed $20.00 with a
receipt. If an employee works beyond the regular quitting time, the City shall
continue to provide meals at four (4) hour intervals until the employee is
dismissed from work. The cost of such meals and the time taken to consume
them shall be at the City's expense.
5.2 When the City requires employees to work on non -work days without notice, the
City shall provide meals at intervals of four (4)hours. The first meal shall be four
(4) hours after employees report to work, providing time is allowed for an
employee to eat before reporting. If such time is not allowed, the first meal break
0
MOU - CITY OF LODI AND AFS CME GENERAL SERVICES UNIT
2012-2013
shall be two (2) hours after reporting for work and at four (4) hour intervals
thereafter.
5.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he/she shall observe the lunch arrangement which
prevails on his/her work days. If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with the provisions
of Section 30.1 hereof.
If the City requires an employee to perform prearranged work starting two (2) hours or
more before regular work hours on work days or non -work days, and such employee
continues to work into regular work hours, the employee shall provide for one (1) meal
on the j ob and the City shall provide other meals as required by the duration of the work
period. The meals provided for in this Section shall be eaten at approximately the usual
times and the usual practice relating to lunch periods on work days shall prevail. The
usual times therefore shall be 7:00 a.m. —12:00 noon -6:30 p.m.
ARTICLE VI — TEMPORARY UPGRADE
Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent shall receive a 10% wage increase while in
this status. However, in no event shall the upgrade pay per hour exceed the " E step of
the classification to which the employee is temporarily upgraded.
ARTICLE VII — TOOLS AND UNIFORM ALLOWANCE
7.1 The City agrees to provide all necessary uniforms and safety equipment for the
following classifications in the General Services Unit and provide a quarterly
uniform allowance of $150 (except to Senior Storekeeper):
• Administrative Clerk — Community Improvement
• Animal Services Supervisor
• Animal Services Officer
• Community Improvement Officer
• Field Services Representative
• Field Services Supervisor
• Meter Reader
• Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
• Senior Storekeeper
• Supervising Code/Community Improvement Officer
The uniform allowance shall be paid quarterly as part of the last bi-weekly payroll
in the months of March, June, September, and December.
7.2 The City and AFSCME mutually agree that the City shall purchase appropriate
foul -weather coats and boots as deemed necessary for field personnel.
7
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
ARTICLE VIII —SAFETY/SAFETY BOOT PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $200, paid quarterly as
part of the last biweekly payroll in the months of March, June, September and
December falls for the following classifications:
Building Inspector I/II
Community Improvement Officer UII
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/II
Sr. Engineering Technician (1) (who do inspection/survey work)
Sr. Storekeeper
Supervising Code/Community Improvement Officer
8.2 Safety boots are defined as leather work boots with a minimum of 4' ankle
support. Employees have the option of purchasing these boots with or without
steel toes.
8.3 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
Employees performing duties/tasks without appropriate footwear may be sent home and
additionally may be subject to disciplinary action.
ARTICLE IX — EDUCATION INCENTIVES
Employees in sub -professional engineering positions having the following certificates
will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
The incentive in this subsection is limited to employees hired prior to the execution of
this MOU.
ARTICLE X —BILINGUAL PAY
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 the languages that will be recognized.
ARTICLE XI —TUITION REIMBURSEMENT
Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not eliminate this policy during the term of this
MOU.
E
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNrr
2012-2013
ARTICLE XII — COURT APPEARANCES
12.1 Employees summoned by a court for jury duty shall be granted jury duty leave
with pay and may keep arty jury duty compensation received. Voluntary grand
jury service such as that service in San Joaquin County is not covered by jury
duty leave.
12.2 If jury duty attendance is less than one-half of a normal working day, the
employee is expected to return to work.
12.3 Employees assigned to shift work shall not be scheduled for regular work during
the 12 hours preceding the scheduled time for jury duty.
12.4 If an employee has had jury duty of six (6) hours or more during a sixteen (16)
hour period immediately preceding the beginning of or following the end of
his/her regular work hours on a work day, he/she will be given a rest period of six
(6) consecutive hours.
12.5 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half time his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Department Head designee must be notified in writing of the off
duty appearance within seventy-two (72) hours after the employee is subpoenaed
or otherwise notified of the required court appearance.
ARTICLE XIII — NHLEAGE COMPENSATION
Employees using their personal automobile for City business, with their Department
Head's approval, shall receive mileage compensation equal to that allowed by the
Internal Revenue Service. City business does not include transportation to and from
work or call backs due to emergencies.
Allowance increases shall be effective the first day of the month following the
determination of an increase by the IRS.
0
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
Chanter2 - Leaves
ARTICLE XIV — CATASTROPHIC LEAVE
14.1 Catastrophic Leave will be provided as stated in the City's current policy. The
City will not eliminate this policy during the term of this MOU. Catastrophic
Leave may be utilized for care of an employee's qualified family members (as
identified in the City's Catastrophic Leave Policy) even if the employee
participates in Short Term Disability.
14.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability.
ARTICLE XV —BEREAVEMENT LEAVE
15.1 Employees shall be granted three (3) days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel
to and from the location of the funeral. The immediate family shall be limited to
an employee's:
spouse
parent
grandparent grandparent -in-law
parent -in-law
child
grandchild son-in-law
sister
stepchild
brother daughter-in-law
half-brother
half-sister
fosterparents
or a more distant relative who was a member of the employee's immediate
household at the time of death.
15.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe,
respect. Use of sick leave may not exceed three (3) days for classifications in the
General Services Unit.
ARTICLE XVI — HOLIDAYS
16.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day January 1
Martin Luther King, Jr. Day 3rd Monday in January
President's Day 3`d Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day I" Monday in September
ThanksgivingDay 4h Thursday in November
Day after ThanksgivingDay Friday following Thanksgiving Day
Christmas Eve (4hours) December24
Christmas Day December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday.
10
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2012-2013
In addition, each employee shall be granted an additional thirty-six (36) hours of
holiday leave (floating holiday) to be taken off at a time mutually agreed upon
between the employee and the Department Head. Holiday leave cannot be carried
over into the following calendar year.
16.2 Holidays which fall on the first regularly scheduled day off shall be observed on
the preceding work day. Holidays which fall on any other regularly scheduled
day off shall be observed on the next regularly scheduled work day, with the
exception that if the next regularly scheduled work day is also a holiday, the first
holiday shall be observed on the preceding work day.
16.3 Bargaining unit members will be granted a day off on the Saturday and Sunday
preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and
Sunday following the observance of a Saturday holiday on the preceding Friday
by the City and the Library. Bargaining unit members will also be granted a day
off on Easter Sunday.
16.4 Holiday time may be taken in quarter hour increments.
ARTICLE XVII — LEAVE OF ABSENCE
Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The
City will not eliminate this policy during the term of this MOU.
ARTICLE XVIII —SICK LEAVE
18.1 Effective December 8, 2003, full time employees shall accumulate sick leave at
the rate of 3.70 hours per pay period.
18.2 Sick leave maybe accumulated up to an unlimited amount.
18.3 Employees will be able to use family sick leave for parents of children not
residing with the employee consistent with City policy regarding use of family
sick leave for a family members illnesses.
ARTICLE XIX —VACATION LEAVE
19.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire:
3.08 hours per pay period
6t' year
4.62 hours per pay period
12a` year
5.24 hours per pay period
15''year
6.16 hours per pay period
21S` year
6.47 hours per pay period
22nd year
6.78 hours per pay period
23`d year
7.09 hours per pay period
2e year
7.40 hours per pay period
25" year & over
7.71 hours per pay period
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MOU -CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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19.2 Y a conflict arises in the scheduling of vacations for employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest seniority. The senior employee shall receive first choice in any
scheduling period.
19.3 For all persons hired after September 1, 1995 the maximum vacation accrual will
be 6.16 hours per pay period.
19.4 The maximum amount of unused vacation hours that an employee may accrue, at
any given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount,
the employee shall stop accruing any additional vacation. Accrual will
automatically resume once the employee uses some vacation and the accrual
balance falls below the maximum accrual amount.
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MOU -CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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Chapter 3 - Insurance and Retirement
ARTICLE XX —MEDICAL INSURANCE
20.1 All employees are offered medical insurance for themselves and dependents
through Cal PERS-Medical Plans. City shall pay I00%premium for the
employee's family category (Family, Employee+l, Single) for the lowest cost
PERS HMO available in Lodi's geographical area (excluding PORAL) as of
January 1,2012.
The City will waive the current employee medical contribution effective the first
pay period that begins two (2) weeks after this agreement is approved by Council.
If employee selects a higher cost plan, employee will pay the difference 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
$532.92 for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. 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 PERS
HMO for the employee's family category (Family, $1587.14; Employee+l,
$1220.88; Single, $610.44).
20.2 Effective January 1, 2013, the maximum amount the City will pay towards
medical premiums will be revised as follows for employees whose annual base
salary, adjusted for furloughs, is less than $40,000.
For those taking single coverage, City maximum amount paid will increase by the
lesser of actual premium increases from Cal PERS or 3%.
For those taking Employee + 1 or Family coverage, City maximum amount paid
will increase as noted below:
• ff actual premium increase is 6.55% or less, City will increase maximum
amount paid by the lesser of actual premium increase or 6.55%.
• If actual premium increase is greater than 6.55% and less than or equal to
9.55%, City will increase maximum amount paid by the actual premium
increase over 6.55%, up to a maximum of 3% (9.55%).
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MOU - CITY OF LODI AND APSCME GENERAL SERVICES UNrr
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If actual premium increase is greater than 9.55%, City will pay the
incremental differencebetween 6.55% and 9.55% (i.e. 3.00%).
In no event will the amount to be paid by the City exceed 3.001/o over the current
City paid amount.
Percentage increases shall be based upon the amounts shown above ($610.44 for
single, $1,220.88 for Employee + 1 and $1,587.14 for Family).
20.3 Employees shall be eligible for medical insurance the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
20.4 The City shall pay 100%of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any member of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XM — DENTAL INSURANCE
21.1 Employees are provided fully paid family dental insurance.
21.2 Maximum benefits are $1,000 for each family member enrolled in the dental plan,
per calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXII — VISIM INSURANCE
The City agrees to provide a vision care plan equivalent to the VSP Plan B with a $25.00
deductible for the employee and dependents. The entire premium shall be paid by the
City.
ARTICLE XXIII — CHIROPRACTIC
The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXIV — LIFE INSURANCE
A life insurance program providing $10,000 term life insurance which includes a $10,000
Accidental Death and Dismemberment coverage for the employee. Said amount of
insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition,
a spouse, unmarried dependent children between the ages of 6 months and 21 years,
unmarried student dependent children to 23rd birthday, and dependent handicapped
children shall be covered for $1,500 insurance. Children under 6 months shall be
provided with $150 life insurance.
The City will provide an additional $25,000 of Accidental Death and Dismemberment
insurance for each member in the General Services Unit.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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ARTICLE XXV —LONG TERM DISABILITY
25.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences sixty (60) days from the date of disability. Please refer to the City's
Policy on Long Term Disability.
25.2 The maximum length of coverage is three (3) years from date of disability.
AR I ILLE X V I — `VORKERS EOMI ENSATION
The 'ity and AFS( t agree that I an employee is compelled to t absent
from work due to injuries ( illness i out of and in the course of his or her
employment the City shall p full p to any represented ej ! who
becomes ;it )r nefits under Workers Imf law for the r i d f the
ti 1 the injury and the first day of eligibility for benefits. With the
determination that the j or illness i il in accordance with Wi
if t t it the employees upon receiving said benefits such i by
'k Compensation shall also receive compensation from d City in an amount that
when d. to the orken e payment shall equal the employees regular
1 The amount paid by the City shall, er the period > > the date c injury 1
date of Ai i t to the employee's N leave ount. The employee'
regular d shall be made from the amount p by the City.
ARTICLE XXVII — FLEXIBLE SPENDING ACCOUNT
27.1 The City will maintain a "flexible spending account" to conform to IRS
regulations to be used for premium contributions, dependent care and/or un -
reimbursable medical payments for unit members.
27.2 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 terms of this agreement will be reopened for negotiation upon the City's
presentation of a Cafeteria Plan.
The City's proposed Cafeteria Plan will offer substantially the same or better benefits to
those currently received by unit members.
,E H. — 1EFE l 'i P 1 'T
The City shall match contributions by General vice employees to a I
compensation program it to a maximum of 3.0% of the employee's gross y
e I in the p c that ly 1 falls.
ARTICLE XXIX — PERS
29.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost:
a. PERS "2% at 55" full formula retirement benefits plus the following
additional options:
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MOU —CITY OF LODI AND APSCME GENERAL SERVICES UNIT
2012-2013
b. The increased ordinary disability benefits which provide under PERS a
30% benefit after five years of service increasing to a maximum 501/o
benefit (Section 21298).
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies prior to retirement. This benefit is in addition to the
Basic Death Benefitbefore retirement. (Section 21382.4).
d Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement. (Section 21263
and Section 21263.1 and 21263.3).
e. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
9. Final retirement compensation based on the average monthly pay during
the highest 36 consecutive months of service.
h 50% survivor continuation in the event of death after retirement.
29.2 Employees shall pay the employee portion of Retirement Benefits as follows:
January 1,2012 through December 31,2012 — 1%
January 1,2013 through December 30,2013 — 3.3%
December 31,2013 and thereafter — 7.0 %
29.3 The City and AFSCME agree to a new retirement formula of 2% @ 60. Those
employees hired after the City transitions to 2% @ 60 (which would occur once
the City receives approval from CaIPERS) will be subject to the new retirement
plan of 21/o @ 60. Until that date, AFSCME members hired will remain in the 2%
@ 55 retirement plan.
ARTICLE XXX — SICK LEAVE CONVERSION
30.1 For all unused sick leave, a represented employee with ten (10)years of
employment with the City shall receive medical insurance coverage upon
retirement (but not upon resignation or termination) using one of the following
options:
Option #1— Conversion
After ten (10) years of employment with the City, 50% of the represented
employee's unused sick leave shall be converted to months of medical insurance
as adjusted herein. For each year that an employee has been employed by the
City in excess of ten (10) years, the employee shall be entitled to add 2.5% to the
50%before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800hours of unused sick leave.
1800 + 8 x 75% + 12 = 14.06 years of coverage
The amount of the 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.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
In the event the retiree dies the surviving dependent(s) may purchase medical
insurance for the same period as if the employee had not died.
Ontion #2 Bank
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year
that an employee has been employed in excess of 10 years, 2.5%will be added to
the 50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave
(multiplication factor - $20.00).
1800 x 75% x 20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance in gone.
In the event the retiree dies, the remaining bank will be reduced by 50% and the
surviving dependent(s) may use the bank until the balance is gone.
Option #3 — Cash Out
A retired employee may choose to receive a cash settlement for unused sick leave
at the rate of $.30 on the dollar. Under this provision, employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current rate of pay.
30.2 In the event an active employee dies before retirement and that employee is
vested in the sick leave conversion program, the surviving spouse will have an
interest in one-half the value of the Bank option as calculated in section 26.1.
30.3 Employees selecting option #1 or #2, who retire on a service retirement shall have
the option of purchasing at the employee's cost additional medical insurance
sufficientto reach age 65.
30.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City's liability as specified in Section 26.1 of this Article.
30.5 The City agrees to modify its contract with PERS to add credit for unused sick
leave per Government Code Section 20862.8. This benefit is available to all
employees regardless of the date hired; however, it is the only sick leave
conversion benefit available to employees hired after July 1, 1995. It is agreed
that eight (8) hours equals one (1) day for purposes of determining days
creditable. If an eligible employee opts to utilize the provisions of any section of
Article 26 other than 26.5, the City will report to PERS they have zero (0) hours
of unused sick leave.
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Chapter 4 — Union / City Issues
ARTICLE XXXI — UNION LEAVE
31.1 Whenever any employee is absent from work as a result of a formal request by
AFSCME to send an employee to school to be involved in Association business,
the City shall pay for all regular time lost and shall be reimbursed therefore by
AFSCME at the rate of one hundred and fifty percent (150%)of the employee's
regular wage rate.
31.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE XXXU —LAYOFF
Bargaining unit has the ability to appeal a layoff decision made by Human Resources to
the City Manager.
ARTICLE XXXIII — CHANGES IN MEMORANDUM
The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any provision
of this MOU is modified by statute, applicable regulation or by order of Court in such a
way as to affect either the employees or the City. In such event, all remaining provisions
of the MOU would continue in full force and effect unless and until they are also
modified by statute, applicable regulation or order of Court, or agreement of the parties.
ARTICLE XXXIV — CITY RIGHTS
It is understood and agreed between the parties that nothing contained in this
Memorandum 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; to determine the methods,
means and personnel by which government operations are to be conducted.
• Take all necessary actions to carry out its mission in emergencies.
• Exercise complete control and discretion in 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 take disciplinary action, and to determine the content of job
classifications; provided, however, that the exercise by the City of the rights in this
section does not preclude employees or their recognized employees organizations from
filing grievances regarding the practical consequences that decisions on such matters may
have on wages, hours or other terms and conditions of employment.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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ARTICLE XXXV — EMPLOYEE REPRESENTATION
35.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered
into between representatives of the City of Lodi (hereinafter referred to as City)
and representatives of the Lodi Chapter of the American Federation of State,
County and Municipal Employees (AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Sections 3500
et seq. of the Government Code of the State of California, and further
acknowledge and agree that all matters upon which the parties reached agreement
are set forth in this MOU. Except as specifically modified by this MOU, all
existing benefits currently being furnished to employees and all existing terms
and conditions of employment are to continue in effect unless and until the parties
meet and confer regarding a change in such existing benefits, terms or conditions
of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME in Exhibit A.
35.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51
AFSCME shall indemnify, defend, and hold the City of Iodi harmless against any
claims made and against any suit instituted against the City of Io& on account of
check -off of said employee organization's dues. In addition, AFSCME shall
refund to the City of Lodi any amounts paid to it in error upon presentation of
supporting evidence.
35.3 UNION SECURITY, MEMBERSHIPAND DUES CHECK CET
Union Membership — All employees covered by this Agreement shall, as a
condition of employment, become and remain members of the UNION within 30
days of employment in a covered job classification. The CITY will inform all
new hires and employees promoting into the bargaining unit of the existence of
this Collective Bargaining Agreement and the requirement to become and
maintain membership in the UNION. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
In the event an employee covered by this Agreement fails to apply for, or
maintain their membership in the UNION, or reinstate themselves into
membership in good standing, the UNION may give the CITY written notice of
the fact and request that the employee be suspended or terminated from
employment. In such event, the CITY shall suspend or terminate the employment
of said employee, as requested, within 15 business days of receipt of the notice.
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MOU - CITY OF IfDI AND AFSCME GENERAL SERVICESUNIT
2012-2013
Fair Share Donation — Any employee who is a member of a bona fide religion,
body, or sect who has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to j oin
or financially support the UNION. Such employee shall, in lieu of Agency Shop
Fees, pay sums equal to said amount to a non -religious, non -labor United Way
charitable organization exempt from taxation under Section 501 c (3) of the
Internal Revenue Code, which has been selected by the UNION from the local
United Way. Payments shall be made by payroll deduction as a condition of
continued exceptions from the requirements of financial support to the UNION
and as a condition of continued employment. Disputes regarding the application
for this provision, by employees, shall be subject to arbitration
Membership status shall remain in effect for the duration of this Agreement
except that an employee may change his or her status from UNION member not
more than 90 days or less than 60 days prior to the expiration of this Agreement.
An employee changing his or her membership status shall submit the appropriate
form to the UNION. Thereafter, the UNION will notify the CITY of the change
and the appropriate notation shall be made to the employee's record and/or
payroll deduction.
The CITY shall provide the UNION, on a monthly basis, the name, home address
and department, division or work unit of employees entering or leaving a job
classification covered by this Agreement. Employees leaving or reentering
employment from Military Leave will be noted.
Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized such
deductions in writing, all dues or fees levied by the UNION. The CITY shall
provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain the
amount of payroll deduction for each employee listed. The CITY agrees to remit
to the UNION on a bi-weekly basis the aggregate amount of deductions shown on
the list furnished by the UNION. A copy of the Check Off Authorization Form
signed by each employee shall be submittedby the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
Union Membership Dues
Agency Shop Fees
• AFSCME Voluntary Political Action Check Off (PEOPLE)
• Fair Share donations to the United Way Campaign
Enr Share donations are limited to employees with religious objections.
The Union will comply with its legal obligation regarding the administration of
this section.
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MOU -CITY OF LODI AND AFSCME G E N E W SERVICES UNIT
2012-2013
Hold Harmless — The UNION agrees to hold harmless and to indemnify the CITY
for any and all costs or legal action, which may be caused, or result from the
CITY'S compliance with this Article.
35.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subject to the operating needs of the City. Requests for such use shall
be made in advance to the appropriate Department Dead or designee and shall
include the date, location, time and general purpose of such meeting. The City
may establish reasonable regulations governing the use of such facilities.
35.5 No City employee or applicant for employment shall be discriminated against any
aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affiliations, union affiliation, age, sex or disability.
35.6 The City and AFSCME agree and understand that if any section of the MOU in
any way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in
favor of the MOU language. If the MOU is silent on any issue, the applicable
document is controlling.
ARTICLE XXXVI —GRIEVANCE PROCEDURE
36.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretations and clarifications executed by
AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matter of discipline which includes demotion, suspension or
discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the
City or the authorized representative of any party. The employee is entitled to
representation through all steps in the procedure.
36.2 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 MOU, including
Exhibits thereto, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline of an individual employee.
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MOU -CITY OF LODI AND AFSCVIE GENERAL SERVICES UNIT
2012-2013
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of
AFSCME or the City. Class action grievances shall be in writing from
AFSCME to the City Manager or vice versa.
36.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work 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.
36.4 STEP TWO : If a grievance is not resolved in the initial step, a written statement
signed by the Grievant shall be presented to the department head which shall
include the action being grieved and the desired remedy. A discussion shall then
take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15) work days. This Step shall
be taken within fifteen (15) work days of the date the department head receives
the written statement.
36.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall
be the presentation of the Grievance, in writing, by the employee or his or her
representative to the City Manager, who shall answer in writing within fifteen
(15) work days of receipt of the Grievance. This Step shall be initiated within
fifteen (15) work days of the date of the answer in STEP TWO .
36.6 STEPFOUR: If the Grievance is not resolved by the City Manager, arbitration
shall be the final level of appeal for grievances and discipline. It is agreed by
both parties that the decision of the arbitrator is binding and final on both parties
and that if this procedure is utilized all other avenues of appeal are waived. If
arbitration is chosen the City must be notified within fifteen (15) work days of the
City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the
City or at a date mutually agreed to by the parties, the parties shall meet to select
an impartial arbitrator. If no agreement is reached at this meeting, the parties
shall immediately and jointly request the State Conciliation and Mediation
Service to submit to them a panel of five arbitrators from which the City and
AFSCME shall alternately strike names until one name remains; this person shall
be the arbitrator. If the State Conciliation and Mediation Service cannot provide a
list of five arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as possible, the
following guide lines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court
reporter required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare a j oint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limited to those determined by the
arbitrator to have a direct connection with the appeal. Witnesses normally
would be present at the hearing only while testifying and should be
permitted to testify only in the presence of the employee or his/her
representative and the employer's representative.
i. The arbitration hearing will be held on the employer's premises.
j The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of
the City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power
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MOU -CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
or authority to make any decision that requires the City or management to do an
act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
36.7 Failure by either party to meet any of the aforementioned time limits as set forth
in Sections 35.3, 35.4, 35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
36.8 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
36.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVII —MUTUAL CONSENT CONTINGENCY
This MOU may be amended any time during its life upon the mutual consent of the City
and AFSCME. Such amendment must be in writing and attached to all executed copies
of this MOU.
ARTICLE XXXVIII —NO STRIKES
The represented employees agree that they shall not strike, withhold services, engage in
"slow downs" or "sick -ins" or participate in any other concerted activity which adversely
affects j ob performance or City services during the term of this MOU.
ARTICLE XXXIX — PROBATIONARY PERIOD
39.1 All appointments to positions in the classified service shall be subject to a
probationary period of twelve (12) continuous months of service. The
probationary period shall be regarded as an integral part of the examination
process and shall be used to closely observe the employee's work for securing the
most effective adjustment of an employee to his/her new duties, assignments and
responsibilities in his/her new position and for rejecting any probationary
employee whose performance does not meet required work standards. If the
service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he/she has not satisfactorily completed probation.
39.2 During the probationary period, all new hires shall have the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XIX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
C. The City and the employee may mutually agree to extend the probationary
period for not more than six (6) months. AFSCME shall be notified of all
extensions.
d. Probation shall be extended for the same time as any leaves of absence.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
39.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position from which he/she
was promoted unless he/she is discharged. The seniority and status of a rejected
candidate shall continue as before.
ARTICLE XL — PROMOTION
The City and AFSCME mutually agree it is good personnel practice to make every effort
to promote from within consistent with the best interests of the City.
ARTICLE XLI - SENIORITY
Seniority is defined as the total length of continuous service with the City. Continuity of
service shall not be broken and seniority shall accrue when an employee is:
a. Inducted, enlists, or is called to active duty in the' Armed Forces of the United
States or service in the Merchant Marine under any Act of Congress which
provides that the employee is entitled to re-employment rights.
b. On duty with the National Guard.
C. Is absent due to industrial disability.
d. On leave of absence.
e. Absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLII — SHOP STEWARDS
AFSCME agrees to notify the City in writing as to the appointment of all shop stewards.
Shop stewards shall be required to work full time in their respective classifications and
shall not interrupt the work of other employees. A steward may, with reasonable notice
and approval of his or her supervisor, leave the job during working hours for reasonable
periods to investigate pending grievances and to take part in the Grievance Procedure.
However, no steward shall leave the j ob while his presence is necessary in the judgment
of his/her supervisor for the safe conduct and efficiency of the operations in which he/she
is engaged.
ARTICLE XLIII — STATUS
Employees shall be designated as regular, probationary, or temporary, depending upon
the purpose for which they are hired and their length of continuous service with the City.
a. A regular employee is defined as an employee who has twelve (12) months or
more service with the City in full time employment, except as provided for in the
Rules for Personnel Administration, Article XI (Probationary Period).
b. A probationary employee is defined as an employee hired for a full time position
that has been regularly established as an authorized position and is of
indeterminate duration. A probationary employee shall receive not less than the
minimum rate for the job and shall be eligible for sick leave pay, vacation pay,
25
MOU -CITY OF LODI AND AFSCME GENERAL SERVICES UNrr
2012-2013
holiday pay, retirement plan participation, insurance coverage and items of a
similar nature, as he/she becomes eligible, but shall not be given preferential
consideration for promotion or transfer or be eligible for a leave of absence.
Upon completion of twelve (12) month of continuous full time service with the
City, a probationary employee shall be given the status of a regular employee.
C. A temporary employee is an employee hired on a full time basis to fill a full time
position (at least 32 hours per week). Temporary employees shall attain regular
status after being employed for twelve (12) continuous months.
ARTICLE XLIV — TERM
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 AFS CME,
The parties agree as follows:
TERM: Covering the period from January 1,2012 through December 31,2013
26
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2012-2013
ATTACHMENT A
CLASSIFICATION PLAN - GS
Current employees as of 3/21/12
Accounting Clerk 1
5
2576.81
2705.65
2840.93
2982.97
3132.12
AccountingClerk II
3
2834.48
2976.20
3125.01
3281.26
3445.33
Administrative Clerk
372
2566.79
2695.13
2829.89
2971.38
3119.95
Administrative Secretary
376 1
3414.27
3584.99
3764.24 1
3952.45
4150.07
Animal Services Supervisor
25
3331.07
3497.63
3672.51
3856.13
4048.94
Assistant Animal Services Officer
39
2896.66
3041.49
3E 93.57
3353.25
3520.91
Building Inspector 1
74
3942.37
4129.79
4336.28
4553.10
4780.75
R, 01dopa
75
4326.45
4542.77
4769.91
5008.41
5258.83
Buyer
76
3939.96
4136.96
4343.80
4560.99
478919
Community Improvement Officer 1
116
3745.85
3933.14
4129.80
4336.28
Community Improvement Officer 11
118
4120.43
4326.45
4542.77
4769.91
Customer Service Representative 1
354
2576.81
2705.65
2840.93
2982.97
.1
Customer Service Representative II
353
2834.48
2976.20
3125.01
3281.26
3445.
Engineering Technician 1
157
3970.52
4169.04
4377.49
4596.37
4826.
Engineering Technician II
159
4367.57
4585.94
4815.24
5056.00
5308.
Field Services Representative
36
3504.16
3679.37
3863.34
4056.51
4259
Field Services Supervisor
35
4033.72
4235.41
4447.18
4669.53
490
Finance Technician
355
3429.72
3601.21
3781.27
3970.34
41
Information Systems Coordinator
19
5355.37
5623.10
5904.22
6199.42
6509.43
Information Systems Specialist
127
3895.39
4090.17
4294.94
4509.40
4734.87
Junior Engineer
207
4804.32
5044.54
5296.76
5561.60
5839.68
Junior Planner
210
3920.74
4116.77
4322.61
4538.74
4765.68
Junior Plans Examiner/Engineer
71
4326.45
4542.77
4769.91
5008.41
5258.83
Library Assistant
228
2695.14
2829.89
2971.39
3119.96
3275.95
Network Technician
426
4671.51
4905.09
5150.34
5407.86
5678.26
Parking Enforcement Assistant
288
2918.57
3064.92
3218.17
3379.08
3548.03
Parks Project Coordinator
271
4804.32
5044.54
5296.76
5561.60
5839.68
Permit Technician
69
3242.65
3404.82
3575.06
3753.82
3941.51
Police Record Clerk 1
313
2547.71
2675.09
2808.85
2949.29
3096.76
Police Records Clerk II
314
2802.49
2942.61
3089.74
3244.23 1
3406.44
Police Records Clerk Supervisor
316
3383.49
3552.66
3730.29
3916.8E
Program Coordinator
286
2999.32
3149.28
3306.74
3472.08
3645.69
Public Works Inspector 1
320 1
3933.14
4129.79
4336.28
4553.10
4780.75
Public Works Inspector II
321
4326.45
4542.77
4769.91
5008.41
5258.83
Purchasing Technician
324
3282.49
3446.62
3618.95
3799.89
3989.89
Senior Administrative Clerk
375
2823.47
2964.64
3112.88
3268.52
3431.95
Senior Engineering Technician
161
4804.32
5044.54
5296.76
5561.60
5839.68
Senior Library Assistant
231
2964.64
3112.88
3268.52
3431.95
3603.54
Senior Police Administrative Clerk
315
2988.78
3138.23
3295.13
3459.88
3632.88
Senior Storekeeper
77
3426.06
3597.36
3777.23
3966.09
4164.40
Supervising Code/Comm.Improvement Officer
110
4738.48
4975.41
5224.17
5485.38
5759.65
Supervising Customer Service Representative
346
3429.72
3601.21
3781.27
3970.34
4168.85
Water Services Technician 1
427
4664.39
4897.61
5142.49
5399.61
5669.59
Water Services Technician II
428
5130.82
5387.36
5656.73
5939.57
6236.55
27
MOU -CITY OFT AND AFSCME
GENERAL SERVICES UNIT
2012-2013
A.F.S.C.M.E. COUNCIL 57
CITY OF LODI
LOCAL 146 -AFL-CIO
A MUNICIPAL CORPORATION
Nancy Vinson
Konradt B artlam
Chief Negotiator
City Manager
Date:
Date:
Sherry Moroz
Dean Gualco
President
Human Resources Manager
Date:
Date:
Linda Tremble
Vice President
Date: Attest:
Donnie Sanford
Vice President
Date:
Terri Lovell
Secretary
Date:
Dan Tarnasky
MO Representative.
Date:
Brian Longpre
MO Representative.
Date:
28
Randi Johl
City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer
MO U - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
Kari Chadwick
GS Representative
Date:
Chris Boyer
GS Representative
Date:
Sandy Smith
Treasurer
Date:
29
2012-2013
Appendix E
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
BOND]
A.F.S.C.M.E.COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1,2012- December 31,2013
MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION Page #
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
5
Article IV
Overtime
5
Article V
Meals
6
Article VI
Temporary Upgrade
7
Article VII
Shift Differential
7
Article VIII
Standby Duty
7
Article IX
Tools and Uniform Allowance
7
Article X
Safety/Safety Boot Provisions
8
Article XI
Class A License
8
Article XII
Education Incentives
8
Article XIII
Bilingual Pay
9
Article XIV
Tuition Reimbursement
9
Article XV
Court Appearances
9
Article XVI
Mileage Compensation
10
CHAPTER 2 — LEAVES
Article XVII
Catastrophic Leave
11
Article XVIII
Bereavement Leave
11
Article X M
Holidays
11
Article XX
Leaves of Absence
12
Article XXI
Sick Leave
12
Article XXII
Vacation Leave
12
CHS TE] 3 —INSURANCE BEP IS AND REMENT
Article XXIII
Medical Insurance
14
Article XXIV
Dental Insurance
15
Article XXV
Vision Insurance
15
Article XXVI
Chiropractic Insurance
15
Article XXVII
Life Insurance
15
Article XXVIII
Long Term Disability
15
Article XIX
Workers' Compensation
16
Article XXX
Flexible Spending Account
16
Article XXXI
Deferred Compensation Plan
16
Article XXXII
PERS
16
Article XXXEI
Sick Leave Conversion
17
2
ABMT -CITY QE T .QnT AND AESC'ME MAINTENANCE AND OPERATORS UNIT
2012-2013
CHAPTER —IJMON/
Article XXXIV
(TTV ISSITE.S
Union Leave
19
Article XXXV
Demotion And Layoff
19
Article XXXVI
Changes in Memorandum
19
Article XXXV II
City Rights
19
Article XXXVIE
Employee Representation
20
Article XXXIX
Grievance Procedure
22
Article XL
Mtis%l Consent Contingency
25
Article XLI
No Strikes
25
Article X=
Probationary Period
25
Article XLIII
Promotion
26
Article XLIV
Seniority
26
Article XLV
Shop Stewards
26
Article XLVI
Status
27
Article XLVII
Term
27
Exhibit A — Sa]ay Schedule effective 03/21/2012
Exhibit B — Wary Schedule Specific Positions effective 03/21/2012
Exhibit C — Incentive Pay Schedule
Exhibit D — Incentive Pay for Equipment Maintenance Employees
Exhibit E — Certification Pay
3
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Chapter 1- Salaries and Other Compensation
ARTICLE I — SALARY
1.1 Bargaining unit members agree to accept the following furlough hours during the
term of this MOU:
July 1,2012 —December 31, 2012 — 72 hours, of which 6, 8 -hour days occur on a
fixed day during the month (typically a Friday) and 3, 8 -hour days will be floating
and must be used by December 31,2012 unless there is a scheduled conflict.
January 1,2013 —December 31,2013 — 96 hours, all of which occur on a fixed day
during the month (typically a Friday) unless there is a conflict.
Fixed and floating furlough leave shall be deducted from bargaining unit members
salary in equal amounts during the particular term.
1.2 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced Manteca
Modesto Redding Roseville Stockton Tracy Turlock
Vacaville Visalia Woodland
1.3 If any City bargaining unit, group, or City Council (except for IBEW) receives a
salary increase or a higher value medical and/or retirement benefit for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on December 31,
2013 or by resolution adopted by Council this unit will receive the same benefit.
This clause shall not be triggered as a result of a delay in implementing the medical
cap to give affected employees the opportunity to move to a lower cost plan upon
the next available open enrollment period.
ARTICLE II —HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all
represented -personnel shall be eight hours per day and 40 hours per week.
Alternate work hours may be 9 hours a day in the 9/80 schedule for 80 hours in a
two week period, or 10 hours per day in the 4/10 schedule. The lunch period shall
normally commence between the third and fifth work hour at the discretion of the
supervisor.
a. Wastewater Plant Operators shall work shifts on a jointly agreed to rotating
schedule with varying days off. This schedule shall be posted two weeks
before the change of shift.
b. Employees assigned to work "Relief Operator" duties shall receive
compensation at a rate of 10% above their current base pay. The "Relief
Operator" is one who works a normal day shift but is on call to assume a
4
MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
shift operators shift(s) for the duration of a vacancy, then return to regular
hours.
C. Street Sweeper Operators shall work a schedule which begins at 4:00 am.
d. Alternate work schedules may be developedby mutual agreement between
the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any proposed change in
the work days or work hours shall be a meet and confer item.
ARTICLE III — COMPENSATORY TIME
3.2 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate
for compensatory time shall be at the appropriate rate of overtime worked.
3.3 The decision to elect compensatory time or overtime pay may be made each time
overtime is worked.
3.4 No more than (144) hours of compensatory time may be carried on the books at any
time.
3.5 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
3.6 Upon separation, the employee will be paid at the employee's current hourly rate of
pay or the average of the last three years, whichever is higher, for the remaining
compensatorybalance.
ARTICLE IV — OVERTIME
4.1 Overtime work, paid at the time and one-half rate, is work performed by an
employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with Sections 6.1 and 6.2; and
b. Time worked on a non -work day.
Overtime work paid at the double time rate is work performed in excess of 12 hours
between 12 midnight and 12 midnight on any given day, any work performed
between the hours of 12 midnight and 6:00 a.m., and any work performed on
holidays.
Hours worked on a holiday, aspart of any employee's regular work schedule, shall
be compensated at the appropriate overtime rate as provided plus the employee
shall receive his or her regular straight time pay. Holiday, for overtime purposes, is
defined within the Holiday section of this MOU
MOU — CIN QF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
4.2 Employees who are required to report for prearranged work on their non -work days
or holidays shall be compensated at the overtime rate for actual hours worked, but
in no event shall they be paid for less than three (3) hours.
4.3 If an employee has worked for six (6) hours or more at the overtime rate during the
sixteen (16) hour period immediately preceding the beginning of his or her regular
work hours on a work day he or she shall be given a rest period of six (6)
consecutive hours at the completion of the overtime work. Compensation for the
six (6) hour rest period shall be allowed at the straight time rate for those hours
within the rest period which overlap the normal working hours.
4.4 Compensation paid to employees called out in emergency situations outside their
regular work hours shall be a minimum of three (3) hours pay at the overtime rate.
Additional call outs during that day shall be compensated at the overtime rate for
actual hours worked with a one hour minimum. Only one call out between the
hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be compensated
at the minimum three hour period. Phone calls lasting less than 10 minutes and
does not require substantive work would be paid 1 hour at the appropriate overtime
rate. Calls more than 10 minutes would receive the standard 3 hour callback at the
appropriate overtime rate
4.5 When, at the request of the Supervisor in charge, an employee reports for
prearranged overtime:
a. On work day outside of his or her regular work hours, he or she shall be paid
overtime compensation for actual worked time in connection therewith,
provided however, that if any such employee continues to work into or beyond
his or her regular work hours, he or she shall be paid overtime compensation
only for actual work time up to his or her regular work hours.
b. Ch non work days or on holidays, he or she shall be paid overtime
compensation for actual work time in connection therewith. For the purpose of
this Section, prearranged overtime work is deemed to be work for which
advance notice has been given by the end of his or her preceding work period
on a work day.
ARTICLE V - MEALS
5.1 If the City required an employee to perform work for one and one-half (11/2) hours
immediately following quitting time, or if any employee is called in more than two
(2) hours immediately before regular starting time, the City shall provide such
employee with a meal. The cost of the meal not to exceed $20.00 with a receipt. If
an employee works beyond the regular quitting time, the City shall continue to
provide meals at four (4) hour intervals ukil the employee is dismissed from work.
The cost of such meals and the time taken to consume them shall be at the City's
expense.
T
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012,2013
5.2 When the City requires employees to work on non -work days, the City shall
provide meals at intervals of four (4)hours. The first meal shall be four (4)hours
after employees report to work, providing time is allowed for an employee to eat
before reporting. If such time is not allowed, the first meal break shall be two (2)
hours after reporting for work and at the four (4) hour intervals thereafter.
5.3 When an employee is required to perform prearranged work on non -work days
during regular work hours, he or she shall observe the lunch arrangement which
prevails on his or her work days. If such work continues after regular work hours,
the City shall provide the employee with meals in accordance with other provisions
of this MOU.
5.4 If the City requires an employee to perform prearranged work starting two (2) hours
or more before regular work hours on work days or non -work days, and such
employee continues to work into regular hours, the employee shall provide for one
meal on the j ob and the City shall provide other meals as required by the duration of
the work period. The meals provided for in this Section shall be eaten at
approximately the usual times and the usual practice relating to lunch periods on
work days shall prevail. The usual times therefore shall be 7:00 a.m. —12:00 p.m.
and noon — 6:30 p.m.
ARTICLE VI — TEMPORARY UPGRADE
Any employee who is assigned by the Department Head or designee to a higher
classification in the absence of the incumbent shall receive a 10%wage increase while in
this status. However, in no event shall the upgrade pay per hour exceed the `B" step of the
classification to which the employee is temporarily upgraded.
ARTICLE VII — SHIFT DIFFERENTIAL
An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators
for all hours worked during swing shifts. Swing shifts are those daily work periods
regularly scheduled to begin from 2pm to 12am. Shift assignments shall be made by the
City at its sole discretion consistent with this MOU.
ARTICLE VIII —STANDBY DUTY
Employees shall receive compensation of two (2) hours of straight pay when said
employees are required to be placed in standby status for a shift.
ARTICLE IX — TOOLS AND UNIFORM ALLOWANCE
Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall be
replaced as needed. Uniform service, including rental and cleaning of one uniform (shirts
& pants) per work day, will be provided to the following Maintenance and Operators
classifications:
Environmental Compliance Insp.
Facilities Maintenance Worker
Facilities Supervisor
Fleet Services Supervisor
7
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker III
Street Supervisor
MOU — C 1rY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Heavy Equipment Mechanic
Maintenance Worker I & 11
Park Maintenance Worker I & II
Park Maintenance Worker III
Park Supervisor
Chief Wastewater Plant Operator
Sr. Facilities Maintenance Worker
W/WW Maintenance Worker III
W/WW Supervisor
W/WW Plant OperatorUIUIII
Welder -Mechanic
Coveralls as needed, but no more than 3, are provided to:
Chief Wastewater Plant Operator
Wastewater Plant Operator I, II, III
Sr. Plant and Equipment Mechanic
Plant and Equipment Mechanic
Environmental Compliance Inspector
Maintenance Workers I and II
assigned to White Slough
Smocks as needed, but no more than 3, are provided to Laboratory Technician n
ARTICLE X —SAFETY/SAFETY BOOT PROVISIONS
10.1 The City retains the right to set and maintain safety standards in the work place.
Failure to adhere to safe work practices will be grounds for the City to take
appropriate steps to ensure compliance.
10.2 The City agrees to provide an annual boot allowance of $200, paid quarterly as
part of the last biweekly payroll in the months of March, June, September and
December, for all classifications in this unit except Laboratory Technician I/E
10.3 Safety boots are defined as leather work boots with a minimum of 4" ankle
support. Employees have the option of purchasing these boots with or without steel
toes.
10.4 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
ARTICLE XI - CLASS A LICENSE
Those employees required to have a Class "A" commercial driver's license as part of their
employment will be given $600 per year, to be paid in October of each year.
ARTICLE X11 — EDUCATION INCENTIVES
12.1 The City shall make available incentive pay as shown in Exhibit B & D. Effective
July 8, 1991, a $40.00 per month incentive shall be paid for each grade at or above
the minimum grades shown. An employee can earn incentive pay to a combined
maximum of $250.00 per month.
12.2 The City agrees to pay all fees charged in obtaining any license, mandatory or
voluntary certification, or recertification required in the course of his or her
employment upon successfullypassing the test procedures.
8
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
12.3 The City agrees to pay $20.00per month to two (2) Wastewater Plant Operators for
the possession of a Qualified Applicators Certificate. In the event of the separation
of one of the two, the remaining employee shall receive $40.00 per month.
12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as
autlimd'in Exhibit C.
12.5 Equipment Mechanics are eligible to receive incentive pay of either $25.00 or
$50.00 per month for possession of Automotive Service Excellence Technician
Certificates on the following basis:
a. Only courses listed in Exhibit C will qualify towards this incentive.
b. Employees will not be paid for both certificates in cases where one is a
prerequisite of the other. For example, ASE certifications A-6, A-8 and L-1 are
required by BAR in order to obtain a smog certificate. An employee having a
BAR smog certificate will receive $50.00 for the smog certificate and the three
ASE certificates will not be counted toward the ASE certification incentives.
c. Employees will receive a total of $25.00 per month for possession of a
minimum of three (3) certificates.
d. Employees will receive a total of $50.00 per month for possession of a
minimum of eight (8) certificates.
Incentives in this subsection are limited to employees hired prior to the execution of this
MOU (March 21,2012).
ARTICLE XIII — BILINGUAL PAY
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 the languages that will be recognized.
ARTICLE XIV — TUITION REIMBURSEMENT
Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not eliminate this policy during the term of this
MOU.
ARTICLE XV — COURT APPEARANCES
15.1 Employees summoned by a court for jury duty shall be granted jury duty leave with
pay and may keep any jury duty compensation received. Voluntary grand jury
service such as that service in San Joaquin County is not covered by jury duty
leave.
15.2 If jury duty attendance is less than one-half of a normal working day, the employee
is expected to return to work.
6
MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
15.3 If an employee has had jury duty of six hours or more during a 16 -hour period
immediately preceding the beginning of or following the end of his or her regular
work hours on a work day, he/she shall be given a rest period of six (6) consecutive
hours.
15.4 If an employee covered by this agreement is required by subpoena issued by an
authority granted subpoena powers, to appear before it or to give a deposition as a
result of an action taken within the scope of employment with the City that
employee will receive his full pay while so doing with no loss of time if he/she is
on regular duty. If the employee is not on duty the City agrees to compensate that
employee at one and one half times his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employee, the Department Head must be notified in writing of the off duty
appearance within seventy-twohours after the employee is subpoenaed or otherwise
notified of the required court appearance.
ARTICLE XVI — MILEAGE COMPENSATON
Employees using their personal automobile for City business, with their department head's
approval, shall receive mileage compensation equal to that allowed by the Internal Revenue
Service. City business does not include transportation to and from work or call backs due
to emergencies, except that employees whose regular work station is at the White Slough
Water Pollution Control Facility shall receive mileage compensation if called back to the
plant in an emergency situation.
Allowance changes shall be effective the first day of the month following the determination
of an increase by the IRS.
10
MOU — CITY OF LODI AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
Chanter 2 - Leaves
ARTICLE XVH — CATASTROPHIC LEAVE
17.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City
will not eliminate this policy during the term of this MOU . Catastrophic Leave
may be utilized for care of an employee's qualified family members (as
identified in the City's Catastrophic Leave Policy) even if the employee participates
in Short Term Disability.
17.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any
use of Short Term Disability
ARTICLE XVIII — BEREAVEMENT LEAVE
18.1 Regular employees shall be granted 3 days of bereavement leave per incident to
attend the funeral of a member of their immediate family, including the time the
deceased may lie in state, the day of the funeral, and the time necessary to travel to
and from the location of the funeral.
The immediate family shall be limited to an employee's:
spouse parent grandparent
grandparent -in-law parent -in-law child
grandchild son-in-law daughter-in-law
stepchild foster parents brother
half-brother half-sister sister
or a more distant relative who was a member of the employee's immediate
household at the time of death.
18.2 A regular employee may use sick leave, vacation leave, or compensatory time off
to attend the funeral of a person the employee may be reasonably deemed to owe
respect. Use of sick leave may not exceed three (3) days.
ARTICLE XIX — HOLIDAYS
19.1 Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
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January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1St Monday in September
40` Thursday in November
Friday following Thanksgiving Day
December 24
December 25
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Employees receive holiday pay if/when they work on the above City -recognized
national holiday
In addition, each employee shall be granted thirty-six (36) hours of holiday leave to
be taken off at a time mutually agreed upon between the employee and the
department head. Holiday leave cannot be carried over into the following calendar
year.
Holidays which fall on the first regularly scheduled day off shall be observed on the
preceding work day. Holidays which fall on any other regularly scheduled day off
shall be observed on the next regularly scheduled work day, with the exception that
if the next regularly scheduled work day is also a holiday, the first holiday shall be
observed on the preceding work day.
19.2 Holiday time may be taken in quarter hour increments.
ARTICLE XX —LEAVES OF ABSENCE
Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The
City will not eliminate this policy during the term of this MOU
ARTICLE XXI — SICK LEAVE
21.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate
of 3.70 hours per pay period.
21.2 Sick leave maybe accumulatedup to an unlimited amount.
21.3 Employees will be able to use family sick leave for parents or children not residing
with the employee consistent with City policy regarding use of sick leave for
. family member's illnesses.
ARTICLE XXII — VACATION LFA
22.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hrs per pay period
6th year: 4.62 hrs per pay period
12thyear: 5.24 hrs per pay period
15th year:
21st year:
22nd year:
23rd year:
24th year:
25th year & over:
6.16 hrs per pay period
6.47 hrs per pay period
6.78 hrs per pay period
7.09 hrs per pay period
7.40 hrs per pay period
7.71 hrs per pay period
22.2 If conflict arises in the scheduling of vacation of employees in the same
classification, the conflict shall be resolved in favor of the employee with the
greatest City seniority. The senior employee shall receive first choice in any
scheduling period.
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22.3 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically
resume once the employee uses some vacation and the accrual balance falls below the
maximum accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the
nwdnun may be authorized by the City Manager. For all other issues regarding
Vacation Leave refer to the City's Policy on Vacation Leave.
22.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate
will be 6.16 hours per pay period.
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Chapter 3 - Insurance and Retirement
ARTICLE XIII — MEDICAL INSURANCE
23.1 All employees are offered medical insurance for themselves and dependents
through Ca1PERS-Medical Plans. City shall pay 100%premium for the employee's
family category (Family, Employee+l, Single) for the lowest cost PERS HMO
available in Lodi's geographical area (excluding PORAL) as of January 1,2012.
23.2 The City will waive the current employee medical contribution effective the first
pay period that begins two weeks after this agreement is approved by Council. If
Employee selects a higher cost plan, Employee will pay the difference 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
1$532.92for employee + 1 dependent
$305.22 for single
will be added to either the employee's deferred compensation account or cash. In
order to qualify for this provision, proof of group insurance must be provided to the
City.
23.3 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 PERS
HMO for the employee's family category (Family, $1587.14; Employee+l,
$1220.88; Single, $610.44).
Effective January 1,2013, the maximum amount the City will pay towards medical
premiums will be revised as follows for employees whose annual base salary,
adjusted for furloughs, is less than $40,000.
For those taking single coverage, City maximum amount paid will increase by the
lesser of actual premium increases from Ca1PERS or 3%.
For those taking Employee + 1 or Family coverage, City maximum amount paid
will increase as noted below:
• If actual premium increase is 6.55% or less, City will increase maximum
amount paid by the lesser of actual premium increase or 6.55%.
• If actual premium increase is greater than 6.55% and less than or equal to
9.55%, City will increase maximum amount paid by the actual premium
increase over 6.55%, up to a maximum of 3% (9.55%).
• If actual premium increase is greater than 9.55%, City will pay the
incremental difference between 6.55% and 9.55%(i.e. 3.00%).
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In no event will the amount to be paid by the City exceed 3.00% over the current
City paid amount.
Percentage increases shall be based upon the amounts shown above ($610.44 for
single, $1,220.88 for Employee + 1 and $1,587.14 for Family).
23.4 Employees shall be eligible for medical insurance from the first day of the month
following the date the employee becomes a full-time regular employee of the City
of Lodi.
23.5 The City shall pay 100% of the premiums or up to the maximum City payment
noted above for health and dental benefits for the unmarried surviving spouse and
any minor children of any members of this unit who is killed or dies during the
performance of official duties. This benefit terminates if the surviving spouse
remarries, the children reach the age of 26, or other medical insurance becomes
available.
ARTICLE XXIV — DENTAL INSURANCE
24.1 Employees are provided fully paid family dental insurance.
24.2 Maximum benefits are $1000 for each family member enrolled in the dental plan
per calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXV —VISION INSURANCE
The City agrees to provide a vision care plan equivalent to the VSP Plan B with a $25.00
deductible for the employee and dependents. The entire premium shall be paid by the City.
ARTICLE XXVI — CHIROPRACTIC INSURANCE
The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXVII —LIFE INSURANCE
The City agrees to provide a life insurance program providing an additional $10,000 term
life insurance for the employee. Said amount of insurance to reduce to $6,500 at age 70,
and to decrease to 10% at age 95. In addition, a spouse, unmarred dependent children
between the ages of 6 months and 21 years, unmarried student dependent children aged 21
or 22, and dependent handicapped children shall be covered for $1,500 insurance. Children
between the age of 14 days and 6 months shall be provided with $150 life insurance.
ARTICLE XXVIII — LONG TERM DISABILITY
28.1 A long term disability program which, coordinated with other disability benefits,
shall provide a benefit of 66-2/3% to a maximum of $10,000 per month of the
employee's basic monthly earnings in the event of disability. This program
commences 60 days from the date of disability. Please refer to the City's Policy on
Long Term Disability.
28.2 The maximum length of coverage is three years from date of disability.
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ARTICLE XXIX — WORKER'S COMPENSATION
The City and AFSCME mutually agree that when an employee is compelled to be absent
from work due to injuries or illness arising out of and in the course of his or her
employment, the City shall pay full compensation to any represented employee who
becomes eligible for benefits under Worker's Compensation laws for the period of the time
between the injury and the first day of eligibility for benefits. With the determination that
the injury or illness is compensable in accordance with Workers' Compensation benefit
criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall
also receive compensation from the City in such an amount that when added to the
Workers' Compensationpayment shall equal his or her regular salary. The amount paid by
the City shall, after the period from the date of injury and date of eligibility, be charged to
the employee's sick leave account. The employee's regular deductions shall be made from
the amount paid by the City.
ARTICLE XXX — FLEXIBLE SPENDING ACCOUNT
30.1 The City will maintain a "flexible spending account" to conform to IRS regulations
to be used for premium contributions, dependent care and/or un -reimbursable
medical payments for unit members.
30.2 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
terms of this agreement will be reopened for negotiation upon the City's
presentation of a Cafeteria plan.
The City's proposed Cafeteria Plan will offer substantially the same or better
benefits to those currently received by unit members.
ARTICLE XXXI —DEFERRED COMPENSATIONPLAN
31.1 The City and AFSCME agree to the implementation of the following program
effective July 1, 1977.
31.2 The City shall match contributions by an employee to a deferred compensation
program up to a maximum 3.0% of the employee's gross salary beginning in
the pay period that July 1,2012 falls.
ARTICLE XXXII — PERS
32.1 The City agrees to provide the following PERS retirement program and to pay the
employers cost:
a. PERS "2%at 55" full formula retirement benefits plus the following additional
options:
b. The increased ordinary disability benefits which provide under PERS a 30%
benefit after five years of service increasing to a maximum 50% benefit
(Section 21298)
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c. Third level of 1959 SurvivorBenefit which provides for survivors of a member
who dies prior to retirement. This benefit is in addition to the Basic Death
Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse with an
allowance upon the event of death after retirement. (Section 21263 and Section
21263.1 and Section21263.3)
e. Credit for unused sick leave which provides additional service credit for unused
accumulated sick leave at time of retirement. (Section 20862.8).
f. Military Service Credit as Public Service (Section 21024).
g. Final retirement compensation based on the average monthly pay during the
highest 36 consecutive months of service.
h 50% survivor continuation in the event of death after retirement.
Employees shall pay the employee portion of Retirement Benefits as follows:
January 1,2012 through December 31,2012 — 1%
January 1,2013 through December 30,2013 —3.3%
December 31,2013 and thereafter —7.0 %
32.2 The City and AFSCME agree to a new retirement formula of 2% @ 60. Those
employees hired after the City transitions to 2% @ 60 (which would occur once the
City receives approval from Ca1PERS) will be subject to the new retirement plan of
2% @ 60. Until that date, AFSCME members hired will remain in the 2% @ 55
retirement plan.
ARTICLE XXXIII — SICK LEAVE CONVERSION
33.1 For all unused sick leave balance, a represented employee with ten years of
employment with the City will receive medical coverage upon retirement (but not
upon resignation or termination) using one of the following options:
Oration #1— CONVERSION
After ten years of employment with the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance as adjusted
herein. For each year that an employee has been employed by the City in excess of
ten years, the employee shall be entitled to add 2 V2% to the 50%before converting
the unused sick leave to months of insurance.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICEAND 1800HOURS
OF UNUSED SICK LEAVE.
1800?- 8 X 75% _ 12 = 14.06 YEARS OF COVERAGE
The amount of the 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.
In the event the retiree dies the surviving dependent(s) may purchase
medical insurance for the same period as if the employee had not died.
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Option #2 — BANK
50% of the dollar value of sick leave will be placed into a bank to be used for
medical insurance premiums for the employee and dependent(s). For each year that
an employee has been employed in excess of 10 years, 21h % will be added to the
50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE
ROBERT SMITH RETIRES WITH 20 YEAR S OF SERVICE AND 1800 HOURS
OF UNUSED SICK LEAVE (MULTIPLICATIONFACTOR - $20.00).
1800 x 75%x $20.00 = $27,000.00
This amount will be reduced each month by the current premium for the
employee and dependent(s) until the balance is gone.
In the event the retiree dies the remaining bank will be reduced by 50% and
the surviving dependent(s) may use the bank until the balance is gone.
Option #3 — CASH OUT
A retired employee may choose to receive a cash settlement for unused sick leave at
the rate of $.30 on the dollar. Under this provision, employee's sick leave balance
at the time of retirement shall be converted to dollars at the employee's current rate
of pay.
33.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving spouse will have an interest in
one-half the value of the Bank option as calculated in section 30.1.
33.3 Employees selecting option #1 or #2, who retire on a service retirement, shall have
the option of purchasing, at the employee's cost, additional medical insurance
sufficient to reach age 65.
33.4 Out of area retirees may receive reimbursement for medical insurance premiums
up to the City liability as specified in Section 30.1 of this Article.
33.5 The City agrees to modify its contract with PERS to add credit for unused sick
leave per Government Code Section 20862.8. This benefit is available to all
employees regardless of the date hired; however, it is the only sick leave conversion
benefit available to employees hired after July 1, 1995. It is agreed that eight hours
equal one day for purposes of determining day creditable. If an employee opts to
utilize the provisions of any section of Article 30 other than 30.5, the City will
report to PERS they have zero hours of unused sick leave.
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Chapter 4. Union/City Issues
ARTICLE XXXIV —UNION LEAVE
34.1 Whenever any employee is absent from work as a result of a formal request by the
AFSCME to send an employee to school to be involved in union business, the City
shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME
at the rate of one hundred and fifty percent (150%)of the employee's regular wage
rate.
34.2 The City agrees to provide storage space to AFSCME for union materials.
ARTICLE XXXV — DEMOTION AND LAYOFF
35.1 The classification of Maintenance Worker in the Parks, Recreation and Cultural
Services or Public Works Department will be "Y" rated if an employee is
involuntarily transferred or demoted between departments as a result of a reduction
in workforce.
35.2 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXVI — CHANGES IN MEMORANDUM
The parties agree to reopen this Memorandum and to renew meeting and conferring on the
subjects set forth herein during the term of this Memorandum only in the event that any
provision of this MOU is modified by statue, applicable regulation or by order of Court in
such a way as to affect either the employees or the City. In such event, all remaining
provisions of the MOU shall continue in full force and effect unless and until they are also
modified by statue, applicable regulation, order of Court, or agreement of the parties.
ARTICLE XXXVH — CITY RIGHTS
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; to
set standards of service.
• Determine the procedure and standards of selection for employment; to direct its
employees.
• Maintain the efficiency of governmental operations.
• Determine the methods, means and personnel by which government operations are
to be conducted.
• Take all necessary actions to carry out its mission in emergencies.
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• Exercise complete control and discretion in 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 take disciplinary action, and to determine the content of
job classifications; provided, however, that the exercise by the City of the rights in
this section does not preclude employees or their recognized employee
organizations from filing grievances regarding the practical consequences that
decisions on such matters may have on wages, hours or other terms and conditions
of employment.
ARTICLE XXXVIII —EMPLOYEE REPRESENTATION
38.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is
entered into between representatives of the City of Lodi (hereinafter referred to as
"City") and representatives of the Lodi Chapter of the American Federation of
State, County and Municipal Employees (hereinafter referred to as "AFSCME"),
for the Maintenance and Operators Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the
results of meeting and conferring in good faith as contemplated by Sections 3500 et
seq. of the Government Code of the State of California, and further acknowledge
and agree that all matters upon which the parties reach agreement are set forth in
this MOU. Except as specifically modified by this MOU, all existing benefits
currently being furnished to employees and all existing terms and conditions of
employment are to continue in effect unless and until the parties meet and confer
regarding a change in such existing benefits, terms or conditions of employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by AFSCME in Exhibit A.
38.2 The City shall grant dues deduction to City employees who are members of
AFSCME in accordance with the terms and conditions set forth in City of Lodi
Resolution 2011-51.
38.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership — All employees covered by this Agreement shall, as a
condition of employment, become and remain members of the UNION within
30 days of employment in a covered job classification. The CITY will inform
all new hires and employees promoting into the bargaining unit of the existence
of this Collective Bargaining Agreement and the requirement to become and
maintain membership in the UNION. A UNION Officer, or designee, will be
notified within 10 business days and afforded time to meet with any employee
entering the bargaining unit in order to conduct a UNION Orientation Meeting.
b. In the event an employee covered by this Agreement fails to apply for, or
maintain their membership in the UNION, or reinstate themselves into
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membership in good standing, the UNION may give the CITY written notice of
the fact and request that the employee be suspended or terminated from
employment. In such event, the CITY shall suspend or terminate the
employment of said employee, as requested, within 15 business days of receipt
of the notice.
c. H r Share Donation — Any employee who is a member of a bona fide religion,
body, or sect who has historically held conscientious objections to joining or
financially supporting public employee organizations shall not be required to
join or financially support the UNION. Such employee shall, in lieu of Agency
Shop Fees, pay sums equal to said amount to a non -religious, non -labor United
Way charitable organization exempt from taxation under Section 501 c (3) of
the Internal Revenue Code, which has been selected by the UNION from the
local United Way. Payments shall be made by payroll deduction as a condition
of continued exceptions from the requirements of financial support to the
UNION and as a condition of continued employment. Disputes regarding the
application for this provision, by employees, shall be subject to arbitration.
d. Membership status shall remain in effect for the duration of this Agreement
except that an employee may change his or her status from UNION member not
more than 90 days or less than 60 days prior to the expiration of this Agreement.
An employee changing his or her membership status shall submit the
appropriate form to the UNION. Thereafter, the UNION will notify the CITY
of the change and the appropriate notation shall be made to the employee's
record and/or payroll deduction.
e. The CITY shall provide the UNION, on a monthly basis, the name, home
address and department, division or work unit of employees entering or leaving
a job classification covered by this Agreement. Employees leaving or
reentering employment from Military Leave will be noted.
f. Dues Check Off — On a bi-weekly basis the CITY agrees to deduct from the pay
of each member of the UNION covered by this Agreement, who authorized
such deductions in writing, all dues or fees levied by the UNION. The CITY
shall provide the UNION 5 business days prior to the end of the pay period an
alphabetical list of employees belonging to the UNION. The list shall contain
the amount of payroll deduction for each employee listed. The QTY agrees to
remit to the UNION on a bi-weekly basis the aggregate amount of deductions
shown on the list furnished by the UNION. A copy of the Check Off
Authorization Form signed by each employee shall be submitted by the UNION
to the CITY.
g. Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• Agency Shop Fees
• AFSCME Voluntary Political Action Check Off (PEOPLE)
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• Hdr Share donations to the United Way Campaign
• HYw Share donations are limited to employees with religious objections.
h. The Union will comply with its legal obligation regarding the administration of
this section.
Hold Harmless — The UNION agrees to hold harmless and to indemnify the
CITY for any and all costs or legal action, which may be caused, or result from
the CITY'S compliance with this Article.
38.4 The City shall allow AFSCME access to city meeting facilities at no cost to
AFSCME subjectto the operating needs of the City. Requests for such use shall be
made in advance to the appropriate department head managing the facility or
designee and shall include the date, location, time and general purpose of such
meeting. The City may establish reasonable regulations governing the use of such
facilities.
38.5 No City employee or applicant for employment shall be discriminated against in
any aspect of employment because of race, national origin, ancestry, color, religious
or political opinions or affdiations, union affiliation, age, sex or disability.
38.6 The City and AFSCME agree and understand that if any section of the MOU in any
way conflicts with the terms and conditions of employment stated in other
authorities, such as the personnel rules, administrative policy and procedure
manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor
of the MOU language. If the MOU is silent on any issue, the applicable document
is controlling.
ARTICLE XXXIX — GRIEVANCE PROCEDURE
39.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, formal interpretation or application of any of the terms and
conditions of this MOU, letters of understanding, formal interpretations and
clarification executed by AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and AFSCME involving the interpretation, application, or
enforcement of the express terms of the MOU and other terms and conditions of
employment and matters of discipline which includes demotion, suspension or
discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City
or the authorized representative of any party. The employee is entitled to
representation through all steps in the grievance procedure.
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39.2 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, Letters of Agreement, and/or formal interpretations and
clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension or discipline of an individual employee.
C. Disputes as to whether a matter is proper subject for the Grievance
Procedure.
d. Disputes which may be of a "class action" nature filed on behalf of
AFSCME or the City. Class action grievances shall be in writing from
AFSCME to the City Manager or vice versa.
38.3 STEP ONE: Discussion between the employee and/or the employee's
representative, and the division head or designated supervisor directly involved,
who shall answer within fifteen (15) work days. This step shall be taken within
thirty (30) work days of the date of the action complained of, or the date the
grievantbecame aware of the incident which is the basis of the Grievance.
39.4 STEP TWO: If a grievance has not been resolved in initial step, a written
statement signed by the Grievant shall be presented to the department head which
shall include the action being grieved and the desired remedy. A discussion shall
then take place between the employee, his or her representative, and the department
head, who shall answer in writing within fifteen (15)work days. This Step shall be
taken within fifteen (15)work days from the date of the answer in Step One.
39.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be
the presentation of the Grievance, in writing, by the employee or his/her
representative to the City Manager, who shall answer in writing within fifteen (15)
work days of receipt of the Grievance. This Step shall be initiated within fifteen
(15) work days of the date of the answer in Step Two.
39.6 STEPFOUR: If a grievance is not resolved by the City Manager,
arbitration shall be the final level of appeal for the grievances and discipline. It is
agreed by both parties that the decision of the arbitrator is binding and final on both
parties and that if this procedure is utilized all other avenues of appeal are waived.
If arbitration is chosen the City must be notified within fifteen (15) work days of
the City Manager's decision.
Within ten (10)working days after the request for arbitration is received by the City
or at a date mutually agreed to by the parties, the parties shall meet to select an
impartial arbitrator. If no agreement is reached at this meeting, the parties shall
immediately and jointly request the State Conciliation and Mediation Service to
submit to them a panel of five (5) arbitrators from which the City and AFSCME
shall alternately strike names until one (1) name remains; this person shall be the
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arbitrator. If the State Conciliation and Mediation Service cannot provide a list of
five (5) arbitrators, the same request shall be made of the American Arbitration
Association.
To ensure that the arbitration process is as brief and economical as possible, the
following guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision,
opinion or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
C. There shall be no official transcript required; however, either party may
utilize a court reporter at its own sole expense. The cost of a court reporter
required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in
dispute. The letter shall present the matter on which arbitration is sought
and shall outline the MOU provisions governing the arbitration. It may
contain mutually agreed on stipulations of fact and it may be accompanied
by any documents that the parties mutually agree shall be submitted to the
arbitrator in advance of the hearing which may not necessarily be
stipulations of fact. Further, if the parties mutually agree, the entire matter
may be submitted to arbitration for review without a hearing. Absent
agreement to prepare ajoint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be
informal.
f. The parties have the right to present and cross examine witnesses, issue
opening and closing statements, and file written closing briefs. Testimony
shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she determines
irrelevant or unduly repetitious.
h Attendance at a hearing shall be limited to those determined by the arbitrator
to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to
testify only in the presence of the employee or his/her representative and the
employer's representative.
i. The arbitration hearing will be held on the employer's premises.
j, The cost of arbitration shall be borne equally by the parties. However, the
cost, if any, of cancellation or postponement shall be the financial
responsibility of the party requesting such delay unless mutually agreed by
the parties.
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The decision, opinion, or award shall be based on the record developed by the
parties before and during the hearing. The decision will be in writing and shall
contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the
MOU or the written ordinances, resolutions, rules, regulations and procedures of the
City, nor shall he/she impose any limitations or obligations not specifically
provided for under the terms of the MOU. The arbitrator shall be without power or
authority to make any decision that requires the City or management to do an act
prohibited by law.
The arbitrator has no power to add to a disciplinary action.
39.7 Failure by either party to meet any of the aforementioned time limits as set forth in
Section 36.3, 36.4, 36.5, or 36.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual
agreement. Grievances settled by forfeiture shall not bind either party to an
interpretation of this MOU, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances.
39.8 Employees may have documents (other than performance reports) relating to
absenteeism and disciplinary actions removed from their personnel files if the
incident prompting the action took place twenty-four (24) months or more previous
and no incident of a similar nature has occurred in the interim.
39.9 An employee may represent himself/herself at any step of the Grievance
Procedure up to Step 3.
39.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XL — MUTUAL CONSENT CONTINGENCY
This MOU may be amended any time during its life upon the mutual consent of the City
and AFSCME. Such amendment must be in writing and attached to all executed copies of
this MOU.
ARTICLE XLI —NO STRIKES
The represented employees agree that they shall not strike, withhold services, engage in
"slow downs" or "sick -ins", or participate in any other concerted activity which adversely
affectsjob performance or City services during the term of this MOU.
ARTICLE XLII — PROBATIONARY PERIOD
42.1 All appointments to positions in the classified service shall be subject to a
probationary period of 12 continuous months of service. The probationary period
shall be regarded as an integral part of the examination process and shall be used to
closely observe the employee's work for securing the most effective adjustment of
an employee to his or her new duties, assignments and responsibilities in his or her
new position and for rejecting any probationary employee whose performance does
25
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
not meet required work standards. If the service of the employee is deemed to be
unsatisfactory, the employee shall be notified that he or she has not satisfactorily
completed probation.
42.2 During the probationary period, all new hires shall have all the rights and
privileges afforded to other employees, except:
a. Vacation Leave — See Article XX for vacation schedule.
b. The use of the Grievance Procedure to grieve termination.
C. The City and the employee may mutually agree to extend the probationary
period for not more than 6 months. The AFSCME shall be notified of all
extensions.
42.3 In the event an employee is promoted and is rejected by the appropriate
department head, he or she shall be reinstated to the position which he or she was
promoted. The seniority and status of a rejected candidate shall continue as before.
ARTICLE XLIII —PROMOTION
The City and AFSCME mutually agree it is good personnel practice to make every effort to
promote from within, consistent with the best interest of the City.
ARTICLE XLIV — SENIORITY
Seniority is defined as the total length of continuous service with the City. Continuity of
service shall not be broken and seniority shall accrue when an employee is:
a. inducted, enlists, or is called to active duty in the Armed Forces of the United States or
service in the Merchant Marine under any Act of Congress which provides that the
employee is entitled to re-employment rights,
b. on duty with the National Guard,
c. is absent due to industrial injury,
d. on leave of absence, or
e. absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLV — SHOP STEWARDS
The AFSCME agrees to notify the City in writing as to the appointment of all shop
stewards. Shop stewards shall be required to work full time in their respective
classifications and shall not interrupt the work of other employees. A steward may, with
reasonable notice and the approval of his or her supervisor, leave the job during working
hours for reasonable period to investigate pending grievances and to take part in the
Grievance Procedure. However, no steward shall leave the j ob while his or her presence is
necessary in the judgment of his or her supervisor for the safe conduct and efficiency of the
operations in which he or she is engaged.
26
MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
ARTICLE XLVI — STATUS
Employees shall be designated as regular, probationary, or temporary, depending upon the
purpose for which they are hired and their length of continuous service with the City.
a. A regular employee is defined as an employee who has twelve (12) months or more
service with the City in full time employment, except as provided for in the Rules for
Personnel Administration Article X1 (Probationary Period).
b. A probationary employee is defined as an employee hired for a full time position that
has been regularly established as an authorized position and is of indeterminate
duration. A probationary employee shall receive not less than the minimum rate for the
job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan
participation, insurance coverage and items of a similar nature, as he or she becomes
eligible, but shall not be given preferential consideration for promotion or transfer or be
eligible for a leave of absence. Upon completion of twelve months of continuous full
time service with the City, a probationary employee shall be given the status of a
regular employee.
c. A temporary employee is an employee hired on a full time basis to temporarily fill a
M time position (at least 32 hours per week). Temporary employees shall attain
regular status afterbeing employed for twelve (12) continuous months.
ARTICLE XLVII —TERM
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 AFSCME. The
term of this MOU shall cover the period from January 1,2012 to December 31,2013 .
27
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
E,�IT A - Effective 03/21/12
Occupation Title
OCC
Step A
Step B
Step C
Step D
Step E
Chief Wastewater Plant Operator
358
5009.46
5259.93
5522.93
5799.07
6089.03
Environmental Compliance Inspector
425
4148.20
4355.61
4573.39
4802.06
5042.16
Equipment Service Worker
166
3039.45
3191.42
3350.99
3518.54
3694.47
Facilities Supervisor
78
4226.16
4437.47
4659.34
4892.31
5136.92
Fleet Services Supervisor
265
4614.03
4844.73
5086.97
5341.32
5608.38
Heavy Equipment Mechanic
264
3647.72
3830.11
4021.61
4222.69
4433.83
LaboratoryTechnician 1
712
3304.12
3469.33
3642.80
3824.94
4016.18
LaboratoryTechnician 11
713
3634.25
3815.96
4006.76
4207.10
4417.45
Lead Equipment Mechanic
266
4012.49
4213.12
4423.77
4644.96
4877.21
Maintenance Worker I
252
2893.11
3037.84
3189.68
3349.15
3516.76
Maintenance Worker 11
255
3181.89
3340.99
3508.04
3683.44
3867.61
Park Maintenance Worker 1
273
2755.52
2893.30
3037.96
3189.86
3349.35
Park MaintenanceWorker 11
276
3030.79
3182.32
3341.44
3508.51
3683.94
Park Maintenance Worker 111
279
3333.96
3502.47
3675.69
3859.48
4052.45
Park Supervisor
270
4226.16
4437.47
4659.34
4892.31
5136.92
Parts Clerk
135
2895.08
3039.83
3191.82
3351.42
3518.99
Plant & Equipment Mechanic
430
3771.02
3959.50
4157.37
4365.17
4583.44
Senior Facilities Maintenance Worker
73
3674.67
3858.40
4051.32
4253.89
4466.59
Senior Plant & Equipment Mechanic
434
4148.26
4355.69
4573.47
4802.14
5042.24
Stage Technician
113
3674.671
3858.40
4051.32
4253.89
4466.59
Street Maintenance Worker 111
258
3500.47
3675.49
3859.26
4052.23
4254.84
Street Supervisor
381
4436.94
4658.79
4891.73
5136.31
5393.13
Traffic/Sign Making Worker
277
3030.79
3182.32
3341.44
3508.51
3683.94
Wastewater Plant Operator 1
361
3598.54
3778.47
3967.39
4165.76
4374.05
Wastewater Plant Operator II
360
3958.50
4156.43
4364.25
4582.46
4811.58
Wastewater Plant Operator 111
362
4354.36
4572.07
4800.67
5040.71
5292.74
WaterMastewater Maintenance Worker III
431
3500.47
3675.48
3859.27
4052.23
4254.84
WaterMastewater Supervisor
429
4770.83
5009.52
5259.78
5522.93
5799.13
Welder- Mechanic
171
3647.63
3830.15
4021.681
4222.75
4433.87
28
MOU -CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
EXHMIT B - Specific Positions Effective 03/21/12
Occu ation Title
OCC Step A
Step 8
Stop C
Step D
Step E
Environmental Compliance Inspector
4181.11
4390.16
4609.67
4840.15
5082.16
Equipment Service Worker
3080.58
3234.61
3396.34
3566.16
3744.47
Heaw Equi ment Mechanic
3812.26
4002.88
4203.02
4413.17
4633.83
Lead Equipment Mechanic
4177.03
4385.88
4605.18
4835.44
5077.21
Plant& Equipment Mechanic
4094.41
4299.13
4514.09
4739.79
4976.78
Street Maintenance Wodcer 1
2967.29
3L 15.65
32'71.44
3435.01
3606.76
Street Maintenance Wodcer 11
3255.94
3418.73
3589.67
3769.15
3957.61
Street Maintenance WoAer 111
3607.42
3787.79
3977.18
4176.04
4384.84
Street Supervisor
4576.80
4805.64
5045.92
5298.22
5563.13
Waterwastewater Maintenance Wodicer 1
2992.25
3141.86
3298.96
3463.90
3637.10
Waterwastewater Maintenance Wodicer 11
3319.57
3485.55
3659.83
3842.82
4034.96
Waterwastewater Maintenance Wodicer 111
3747.43
39134.81
4131.55
4338.12
4555.03
Waterwastewater Supervisor
%67.48
5425.85 I
56J1.14
5982.00
6281.10
29
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
1 *14 111 1.10 06A
INCENTIVE PAY SCHEDULE
Minimum Grade Level
1. Industrial Waste Inspector Certification
to Earn Incentive
(CWEA-4 Grade Levels)
• Laboratory Technician I & II
I
• Water/ Wastewater Supervisor
I
• Chief Wastewater Plant Operator
I
• Laboratory Services Supervisor
M
• Environmental Compliance Inspector
111
Minimum Grade Level
2. Laboratory Analvst Certification
to Earn Incentive
(CWEA or AWWA — 4 Grade Levels)
• Laboratory Technician I
I
• Laboratory Technician II
II
• Wastewater Plant Operator I & II
I
• Environmental Compliance Inspector
II
• Chief Wastewater Plant Operator
]1
• Laboratory Services Supervisor
III
Minimum Grade Level
3. Mechanical Maintenance Certification
to Earn Incentive
(CWEA — 4 Grade Levels)
• Plant and Equipment Mechanic
II
• Wastewater Plant Operator I & 11
I
• Water/ Wastewater Maintenance Worker
I, 1L IH 11
• Chief Wastewater Plant Operator
II
• Sr. Plant and Equipment Mechanic
III
• Water/ Wastewater Supervisor
II
Minimum Grade Level
4. Sewer Collection Maintenance Certification
to Earn Incentive
(CWEA — 4 Grade Levels)
• Laborer, Maintenance Worker I & II
I
(Streets or Water/ Wastewater)
• Maintenance Worker III
R
(Streets or Water/ Wastewater)
• Plant and Equipment Mechanic
II
• Sr. Plant and Equipment Mechanic
II
• Street Supervisor, Water/ Wastewater
III
Supervisor
30
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
Minimum Grade Level
5. Wastewater Treatment Plant OUr. Certification to Furl incentive
(CSWRCB — 5 Grade Levels)
• Wastewater Plant Operator I 11
• Wastewater Plant Operator ll M
• Chief Wastewater Plant Operator IV
Minimum Grade Level
6. Water Distribution Operator Certification to lm Incentive
(State of California — 5 Grade Levels)
• Laborer ( Water/ Wastewater) I
• Maintenance Worker I, H, III 11
(Water/Wastewater)
• Laboratory Services Supervisor 11
• Environmental Compliance Inspector 11
• Plant and Equipment Mechanic III
• Sr. Plant & Equipment Mechanic III
• Water/ Wastewater Supervisor M
Minimum Grade Level
7. Water TreatmentPlant Opr. Certification
to Em Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker 1, H
I
(Water/ Wastewater)
• Maintenance Worker III
II
(Water/ Wastewater)
• Laboratory Services Supervisor
ll
• Environmental Compliance Inspector
H
• Plant and Equipment Mechanic
III
• Sr. Plant and Equipment Mechanic
M
• Water/ Wastewater Supervisor
111
8. _Qualified Applicators Certificate
(State of California)
• Street Supervisor
• Parks Maintenance Worker III
• Parks Supervisor
• Streets Maintenance Worker I, IL III & Laborer
• Wastewater Plant Operator I
• Senior Facilities Maintenance Worker
31
MOU — CITY OF LODI AND APSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
9. Pest Control Advisor License
(State of California)
• Street Supervisor
• Parks Supervisor
• Laborer
• Parks Maintenance Worker I, 11, III
• Street Maintenance Worker I, II, III
Notwithstanding the provisions of Article 3, the amount for the Pest Control Advisor
License incentive will be $50 per month.
32
MOU — CITY OF LODI .AND AFSCME MAINTENANCEAND OPERATORS UNIT
2012-2013
EXHIBIT D
INCENTIVE PAY FOR EQUIPMENT MANTENANCE EMPLOYEES
Mechanic Oualificadons Smog Certificate issued by Bureau of Automotive Repair
BAR),(certificate must be current, valid, unlimited) $50.00
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Class A Brake Adjustment License issued by BAR $25.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Class A Lamp Adjustment License issued by BAR $12.50
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Aluminum Welding Proficiencv Certificate $12.50
(From a State certified welding instructor approved by the City)
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Automotive Service Excellence Technician Certifications $25.00/$50.00
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
The maximum incentive pay for Equipment Maintenance personnel shall be $150.00 per
month.
Automotive Service Excellence Technician Certifications Incentive
(Only courses listed below will qualify towards ASE incentive)
A-1 Engine Repair
A-2 Automatic Transmission/Transaxle
33
MOT T - CME MAINTENANCE AND OPERATORS UNIT
2012-2013
A-3
Manual Drive Train & Axles
A-4
Suspension& Steering
A-5
Brakes
A-6
Electrical/ Electronic Systems
A-7
Heating & Air Conditioning
A-8
Engine Performance
F-1 Light Vehicle CompressedNatural Gas
H-2 Transit Bus: Diesel Engines
H-3 Transit Bus: Drive Train
H-4 Transit Bus: Brakes
H-5 Transit Bus: Suspension and Steering
H-6 Transit Bus: Electrical/Electronic Systems
H-7 Transit Bus: HVAC
P-1 Med/Hvy Truck Dealership Parts
P-2 Automobile Parts
P-3 Truck Aftermarket Brake Parts
P4 General Motors Parts Consultant
P-9 Truck Aftermarket Suspension and Steering Parts
T-1 Med/Hvy Truck: Gasoline Engines
T-2 Med/Hvy Truck Diesel Engines
T-3 Med/Hvy Truck Drive Train
T-4 Med/Hvy Truck Brakes
T-5 Med/Hvy Truck Suspension & Steering
T-6 Med/Hvy Truck Electrical/ Electronic Systems
T-7 Med/Hvy Truck: Heating, Ventilation, & A/C
T-8 Med/Hvy Truck Preventive Maintenance Inspection
34
Exhibit F,
•
CITY 01F LODI
COUNCIL COMMUNICATION
AGENDA TITLE Adapt Resolution Amending Memorandums of Understanding with
Maintenance and Operators and General Services Bargaining Units cf the
Association of Lodl City Employees to Provide Additional Pay for State
RequireclCertifications of distribution operators 1 end 11 (CM)
MEE`1'1NC DATE July 18,2007
PREPARED BY : Deputy City Manager
RECOMMENDED ACTION: Approve Resolution to amend Memorandums cf
Understanding (MOU) with Maintenanceand Operators
and General Services Bargaining units cf The
Association of Lodi City Employees (ALOE) to provide additional pay for State -required
certifications of Distribution Operators 1 andil.
BACKGROUND INFORMATION: Various employees vft work in the Public Works
Department W6ter and Wastewater operations are
required to have certificationses either a Distribution
Operators I or 11 level, These certificationsare regruW
by the State of California in order that the City of Lodi meet Health and safety standards, The
certification requirement was enacted several years ago, but the pad level for employees who
are required to obtain certificationswas not adjusted at the same time as the requirement for
certification was enacted.
The City of Lodi and members of the Maintenance and Operators and General Services
bargaining units have met, conferred and tentatively agreed to amend the MOUS to allow far
additional compensationforemployees forwhich the certificationrequirements apply.
The attached agreements with these bargaining units indicate the terms of these tentative
agreements as follows:
® Base pay for the employees as indicated in attachments A and B who are required to
obtain a level one certification will be increased by 2%.
Y Base pay for the employees as indicated in attachments and B who are requiredto
obtain a level two certificationwill be increased by 4%.
Any employee in the GeneralServices bargaining unit of ALCE who is required to obtain
a level one certification but obtains a level tin certification will receive an $ 60 Incentive
ay
employee in the General Services bargaining unit ofALCE who is required to obtain
a level one certificationbut obtains a level two cetttficationwill receive an additional $ 60
per month in incentivepay,
APPROVED., l��.�-~
Mair i i , City Manager
ci nn 11 AhM VWA 01'11 CAA7/JIIIA
- . Any employee in the Maintenanceand Operators bargaining unitof ALCE who t required
to obtain a level one certification but obtains a level two certification will receive and
additional 2%incentive pay.
• k was tentatively agreed that this would be implemented retroactivelyto July 1, 2006.
FISCAL IMPACT: The additional annual expenditurefor both d the amendments to the
MOUStub& approximately $50,000 peryear.
FUNDING AVAILABLE: The additional edsts for certification pay of preparing and mailing the
supplemental assessment will be borne by the Finance and City
Attorney's bud .
60's R. Krueger, Deputy City Manager
Attachment: Attachment A- Amendment to General Services MOU
Attachments- Amendmentto Maintenance& OperatorsMOU
soo/zoo [A XVj aG:vi eooz,fzULo
RESOLUTIONBU. 2007-134
A RESOLUTION CIFTHE LODI CITY COUNCILAPPROVING
AMENDMENTTO MEMORANDUMSOF UNDERSTANDING
WITH THE MAINTENANCEAND OPERATORSANE) GENERAL
SERVICES BARGAINING UNITS OFTHE ASSOCIATION CIF
LODI CITY EMPLOYEESTO PROVIDEADDITIONAL PAY FOR
STATE REQUIREDCERTIFICATIONSOF DISTRIBUTION
OPERATORS 1 AND II
NOW, THEREFORE, BE IT RESOLVEDthat the Lodi City Council does hereby
approvean amendmenttethe Mernorandumsof Understanding with the Maintenance and
Operators and General Services bargaining units of the Association of Lodi (,qty
Employees to provide additional pay for State required certifications of Distribution
Operatorsl andll, as shown on Exhibits and B as attachedhereto; and
BE IT FURTHER RESOLVED that the amendment to the Memorandums of
Understandingshall be effectivefor the period July 1, 2006 through June 30,2008.
Dated: July 18,2007
herebycertify that Resolution No. 2007-134was passed and adopted bythe City
Council ofthe City ofLodi in a regular meeting held July 18, 2007, by the following vote:
AYES: COUNCIL MEMBER§ — Hansen, Katzaldan, Mounce, and
MayorJohnson
NOES: COUNCIL MEMBERS— None
ABSENT: GWN01C MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
C i Clerk
KI -11) &—K, I
900/6001A XV3 BL:vt GOOZIL WO
Sideletter to the Current:Maintenance& Operators MOU between the City oft -67-7-77
AFSCME Cmrril 57, Lova 3.46f AFL-CIO and its ALCE Chapter
Whereas, the City received a letter from the State o f Californiadated A012002 n mnd4ting that
employees who peri'orm certainwater systemrelated tasks obtain Distribudaon Operatorl or
Distribution Operator Il certification Some ofthese employees are in th a AFSCME Bargaining
unit (Maintenance & Operators
Whereas, AFSCME CoLmcil 57, Local 146, AFL -C(0 ALCE Chapter and the City ofLodi have
resolved the this issue amicably.
Now, Therefore, be it resolved that AFSCME and the City of Lodi agree to the following
adjustment to base pay (PERS reportable),retroactiveto July 1,2006 upon approval ofthe
AFSCME membership andthe CityofLodi:
Employees in the followingelasi0ications assigned to the water services(Watertwastewater)
division.of the Public Works Department shall receive supplementalecrtificationpay as listed
below forthe required certifications;
City of Lodi Public Distribution Operator Certification Pay
Works Department Job Title Certification Grade Added to Base Pay
Required
Water/Wastewater Supervisor D2 4%
SeniorPlant& Equipment D2 40/6
Mechanic
i'lont& Equipment Mechanic D2 4%
t'4'acr/i�'taivnr�r Maintenance D1 2% --
Worker III
Maintenance Worker 11 DI 2%
Maintenance Worker I DI 2%
Laboratory Services Supervisor D1 orTI* 2%
Environmental Compliancelnspector Di oral' 2%
*Perregulation mayposses either atreatment operator certificate or adistributionoperator
certificate.
Any currentW/WW MW 1employeesrequitedto obtainthe D 1 certificationuM continuetn be
employed in his/her cutxerst classification.Oncehe(she obtains the zegavedoertiiieationhisther
salarywill he adjusted upon verification.
goo
enn/cnn'/fel Yi,4 PI'hl PAn7/)I/1A
Any employee,who obtains acertification higherthatrequired, shallhavehisfim pay adjusted In
accordance with Article IV —Education Incentiveofthe HOU except as follows:
Personnel listed abovewho are required to obtain a D I (2r_ T1*certificate), who obtain a D2
(gl T2") certificate shall receive an additional incentive of 2% (instead of$40 as stated in
Article 4, 1),
'rbe City will pay for the training to obtainthe certificate for current and future employees per
Article 4.2 ofthe MOU.
Verification for current and iab= employees can be by letter from the State verifying obtaining the
required certificate ar a copy ofthe certificate upon presentation tot he City ofLodi. The increaseto
the base pay shall commenceon the day the certificate or letter is presented to the Citi.
The City will modify the respectivejob descriptionsto refiectthanew requirementsforthe above
job titleswithindodays to ensurethat all new hire employeesare awareofthe requirements,
By their signature below, AISCME and the city agree that the resolution contained herein resolves
t is issue.
AGREED TO BY AFSCME,
COUNCII, 57
Felix Mario Ruerta Jr., ,
Mark Ruggiero, Chapter President
101
900/900 1]
AGREED TO BY THE
CITY OF LODI
James R. Krueger, Deputy, City Manager
Richard Prima, Public Works Director
Y1VJ 81:N 60OZILIlLo
Side letter to the Current General Services MOU between the City of Lodi and AFSCME
Council 57, Local 146, AFL-CIO and its ALCE Chapter
Whereas, the City received a letter from the State of California dated April 2002 mandating that
employeeswho perform certain water system related tasks obtain DistributionOperator 1 or
Distribution Operators certification. Some of these employees are in the AMME.Bargainingunit
{GeneralServices),
Whereas,AFSCME Council 57, Local 146,A.FL-CIO ALCE Chapterand the City ofLodi have
resolved the t h i s issue amicably.
Now, Therefore, be it resolved that AFSCME and the City of Lx1i agree to the following
adjustmentto base pay (PERS reportable), retroactive toJuly 1,2006upon approvalofthe
AFSCME membership andthe City ofLodi:
Employees in the followingclassificationsassigned to the PublicWorks Department shallrecelve
supplementalcertification pay as listed below for the required certifications:
City ofLodi Public Distribution Operator Certification Pay
Works Department Job Title Certification. Grade Added to Base Pay
Required
Public Works InspectorXX D1 2%
Public Works Inspector I DI 2%
SeniorEngineering Technician* D2 and Tl 40/6
* Applies to one incumbent in this classification (Kevin Gaither) who ctirrcmly has these
certifications, but are not required forthis classification.
Any current employees required to ebtain the D 1 certificationwill continue ti, be employed in
histher currentclassification. Once ltelshc obtainsthe required certification hisiber salarywill be
adjusted upon verification.
The Citywiil continueto pay forthetrainingto obtain the certificatefor current urid future
employees.
verification for cm =wt and tuW= employees can be by U thm from the Stateverifyinobtaining the
required certificateor a copy ofthe certificate upon presentationto the City omodi. 9emcmeto
tho base pay shall commence on t h e day the Certificate cr letter is presented to t h e City.
The City will modify the respective j ob descriptions to reflect the new requirements forthe above
job titles within 60 daysto ensure that all new hire employeesare aware of the rcquiroments.
By their signaturebelow, AFSCME and the city agree that The resolution contained herein resolves
thla issue.
AGREED TO BY AFS ME, AGREED TO BY THE
COUNCIL 57 CITY OV LODI,
raix Marie H Jr.,
Murk Ruggiero, Chapter President
sp
gnn/t�nn �
James R. Krueger, Deputy, City Manager
Richard Prima, Public Works Director
XNa Rt :tI 8047./J L/10
MOU — QUY OF LODI .AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Nancy Vinson
Chief Negotiator
Date:
Sherry Moroz
President
Date:
Linda Tremble
Vice President
Date:
Donnie Sanford
Vice President
Date:
Terri Lovell
Secretary
Date:
Dan Tarnasky
MO Representative
Date:
Brian Longpre
MO Representative
Date:
35
All
111 1 1 1
Konradt Bartlam
City Manager
Date:
Dean Gualco
Hunan Resources Manager
Date:
Attest:
Randi Johl
City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer
City Attorney
MOO -- CITY OW r UDI AND AE-SrME. MAINTENANCE AND OPERATORS UNIT
2012-2013
Kari Chadwick
GS Representative
Date:
Chris Boyer
GS Representative
Date:
Sandy Smith
Treasurer
Date:
36
MOU—CITYOF LODI AND LPF
LPF Positions
2012-2013
v!ii±lni%IAliWIN
Occupation Title
Step A
Step B
Step C
Step D
Stop E
Fire Ca tain
6285.73
6600.02
6930.02
7276.52
7640.34
Fire En ineer
5429.86
5701.35
5986.42
6285.74
6600.02
Fire Fighter 1
4254.4
Fire Fi hter11
4690.47
4924.99
5171.4
5429.81
5701.30
Fire lns ector
1 5701.35 1
5986.42 1
6285.74
6600.02
6930.03
30
RESOLUTION NO. 2012-68
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
CHANGES TO MEMORANDUM OF UNDERSTANDING FOR
AFSCME — GENERAL SERVICES AND MAINTENANCEAND
OPERATORS — LODI PROFESSIONAL FIREFIGHTERS,AND
LODI MID -MANAGEMENT; AMENDMENT TO THE EXECUTIVE
MANAGEMENT STATEMENT OF BENEFITS; AND CHANGES
TO CONFIDENTIAL EMPLOYEE BENEFITS
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WHEREAS, it is recommended that Council approve the following modifications
for the Executive Management Statement of Benefits, the Memorandum of
Understanding for AFSCME —General Services and Maintenance and Operators — Lodi
Professional Firefighters, and Lodi Mid -Management, and changes to Confidential
Employee Benefits.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that it does
hereby amend the agreements as follows:
Executive Management Statement of Benefits — The amended Statement of Benefits
includes modifications to retirement and medical insurance. The Statement of Benefits
has also been amended to conform to existing City Policies.
Mid -Management MOU — Amend Article XVII (Long -Term Disability) as follows: "A long
term disability program which, coordinated with other disability benefits, shall provide a
benefit of 66 2/3 percent to a maximum of $10,000 per month of the employee's basic
monthly earnings in the event of disability. This program commences sixty (60) days
from the date of disability.
Additionally, add classifications of Wastewater Plant Superintendent, Chief Water
Treatment Plant Operator, Assistant Planner, and Assistant Engineerto the list of those
positions represented by the Mid -Management Association.
Confidential Non-exempt employees — Modify CaIPERS retirement contribution and
furloughs to be consistent with similar benefits authorized by Council on March 21,
2012, for the AFSCME General Services bargaining group.
Add (24) twenty-four hours of floating furloughs to be used by December 31,
2012, and (48) forty-eight fixed hours from July 1, 2013 to December 31,
2013.
• Employees will continue to pay 1 percent of the employee's share of
retirement through December 31, 2012. Beginning January 1, 2013,
employees agree to 3.3 percent share of their retirement costs through
December 30, 2013. Beginning December 31, 2013, employees agree to pay
the full 7 percent share of retirement costs and there will be no further unpaid
furlough days.
• Those employees whose annual base salary, adjusted for furloughs, is less
than $40,000 will have their medical insurance recalculated. This change will
mirror the calculation for the AFSCME bargaining groups.
0 Include long-term disability benefit as detailed in Mid -Management resolution.
Confidential — Exempt employees — Include long-term disability benefit as detailed in
Mid -Management section of this resolution.
AFSCME — General Services and Maintenance and Operators MOUs were revised so
the structure and organization of the articles would be consistent between the two
agreements.
Firefighters MOU — Revise salary chart to reflect Emergency Medical Technician
incentive being included into base salary as approved by Council at its April 18, 2012,
meeting.
Date: May 16, 2012
I hereby certify that Resolution No. 2012-68 was passed and adopted by the Lodi
City Council in a regular meeting held May 16, 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 — Non F
HL
City Clerk
2012-68