HomeMy WebLinkAboutAgenda Report - January 15, 2014 I-1a]:�
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COUNCILCITY OF LODI
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AGENDA TITLE: Adopt Resolutions Approving One Time 2014 Adjustments to Executive
Management Statement of Benefits, Approving 2014 Memorandum of
Understanding with the Maintenance and Operators Unit, General
Services Unit, and Mid -Management, Approving Benefit Modifications for
Confidential Employees, and Appropriating Funds ($647,869)
MEETING DATE:
PREPARED BY:
January 15, 2014
City Attorney's Office
City Manager's Office
RECOMMENDED ACTION: Adopt resolutions approving one time 2014 adjustments to
Executive Management Statement of Benefits, approving 2014
Memorandum of Understanding with the Maintenance and
Operators Unit, General Services Unit, and Mid -Management, approving benefit modifications
for Confidential Employees, and appropriating funds in the amount of $647,869 for Fiscal Year
2013/14.
BACKGROUND INFORMATION: Staff, the Mid -Management group, and AFSCME have
reached a tentative agreement for their respective 2014
year Memoranda of Understanding (MOU), subject to the
approval of Council. Both agreements are based on a
similar framework with some exceptions to address their unique working conditions. The base
compensation concept is to pay a base $2,300 per employee benefit on a one-time, non PERS-
able basis to each employee in the 2014 MOU year and increase each employee's medical cap
rates to the January 1, 2014 rates. Finally, both agreements are subject to "me too" language
that is limited to group -wide changes. Individual differences are laid out in further detail below.
MID MANAGEMENT:
Under the tentative agreement with Mid -Management, the City would agree to modify their MOU
to achieve three primary salary and benefit modifications. First, the City would increase the
medical cap to the January 2014 lowest cost HMO rate. Second, the City would grant a one-
time $2,300 per employee cash payment. The payment would be a non-recurring, one year,
non-PERSable increase in recognition of a small portion of past years concessions. Third, the
City would permit Mid Managers to cash out a total of 60 hours of administrative leave
consistent with the other mid management bargaining units that can cash out 40 hours of
administrative leave and a portion of their vacation leave.
The Medical cap proposal is defined in detail below:
Current
Proposed
Difference
Single $610.44
$657.33
$46.80
Employee + 1 $1,220.88
$1,314.66
$93.76
Family $1,587.14
$1,709.06
$121.92
APPROVED:
City
Adopt Resolutions Approving One Time 2014 Adjustments to Executive Management Statement of Benefits, Approving 2014
Memorandum of Understanding with the Maintenance and Operators Unit, General Services Unit, and Mid -Management, Approving
Benefit Modifications for Confidential Employees, and Appropriating Funds ($647,869)
January 15, 2014
Page Two
A redline strikeout version of the Mid -Management MOU is attached for Council review and
approval. The redline version reflects several housekeeping items and all agreements include
changes mandated by recent pension reform legislation.
CONFIDENTIAL GENERAL SERVICES/MID MANAGERS:
The Confidential mid managers and general services workers are not members of a recognized
bargaining group. However, Council has traditionally treated the Confidential mid managers and
the Confidential general services employees in the same manner as their closest corollary
negotiating team. Staff requests that Council approve corollary changes to the Confidential mid
managers as set forth above and Confidential general services employees as set forth below.
AFSCME:
A copy of the revised sections of the AFSCME MOU provisions is also attached for Council
consideration. The Tentative Agreement with AFSCME Maintenance and Operators and
General Services is also based on a $2,300 one-time base payment and is identical to mid
managers regarding health insurance caps. However, AFSCME has requested that employees
with less than two years of service receive a payment of $1,150 per employee and that the other
half be redistributed among their members with over two years of service. That request would
roughly increase the one-time payment for employees with over two years of service by
approximately $150 (total of $2,450). The exact figure is dependent on the employees at the
time Council ratifies the agreement. In addition, staff has tentatively agreed to modify the MOUs
to put water and wastewater operators on a standby basis. As Council knows, the City has
exposure to significant fines in operating its water, wastewater, and electric utilities. Currently,
electric and water operators are on standby status, meaning that at the end of every shift, one
employee is paid a set number of hours in exchange for the obligation for being willing and able
to return to duty to deal with emergency calls when the operation is not otherwise staffed.
Currently, wastewater is not placed on standby and water and electric have different standby
rates. This MOU would standardize the three systems to match the current electric utility
standby mechanism at three hours of pay on an employee's regular work day (the standard
scenario), 4 hours if we have to call an employee not on that day's schedule, and 8 hours for
observed holidays. In addition, the City has agreed to several changes to the Uniform, Tools,
and Boot provisions more fully outlined in the attached redline provisions.
EXECUTIVE (excluding Council Appointees):
Appointed staff recommend that Council make equivalent changes on a one-time basis to the
Executive Management Statement of Benefits applicable to all but the Council -appointed staff
(Deputy City Manager, Electric Utility Director, Fire Chief, Library Director, Parks Recreation and
Cultural Services Director, Police Chief, and Public Works Director). Specifically, non -Council -
appointed staff would receive through the Statement of Benefits: 1) the base one-time payment
of $2,300, 2) an increase to the January 2014 Medical Cap, and 3) an additional 20 hours of
cashable administrative leave, and changes to retirement provisions necessary to comply with
the Pension Reform legislation.
Adopt Resolutions Approving One Time 2014 Adjustments to Executive Management Statement of Benefits, Approving 2014
Memorandum of Understanding with the Maintenance and Operators Unit, General Services Unit, and Mid -Management, Approving
Benefit Modifications for Confidential Employees, and Appropriating Funds ($647,869)
January 15, 2014
Page Three
FISCAL IMPACT: Total calendar year cost of the proposals equals $796,561 of which
$647,869 is applicable to fiscal year 2013/14. The above proposal is not
in the 2013/14 budget and will require an appropriation. Funding is
available for the General Fund from dollars in excess of its 2013/14
reserve target. Funding for other funds will come from available reserves.
Partial funding for Library ($25,300) and Parks, Recreation, and
Community Services ($36,800) will come from a General Fund transfer.
FUNDING: Funding for the General Fund portion of this item will be provided by
funds in excess of the General Fund reserve target established by
Council. Funding for this item outside the General Fund will come from
available reserves. Partial funding for Library ($25,300) and Parks,
Recreation, and Community Services ($36,800) will come from a General
Fund transfer.
Jordan Ayers, Deputy City Manager
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
AND
LODI CITY MID -MANAGEMENT ASSOCIATION
JANUARY 1, 20143 - DECEMBER 31,201-34
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
Page
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
TABLE OF CONTENTS
ARTICLE I - SALARY AND TERM..........................................................................................................1
ARTICLE II - UNIFORM ALLOWANCE/OPERATOR D-5 INCENTIVE
............................................247
ARTICLE III - DEFERRED COMPENSATION....................................................................................
24-2
ARTICLE IV - FLEXIBLE SPENDING ACCOUNT.................................................................................2
ARTICLE V - CHIROPRACTIC...............................................................................................................
32
ARTICLE VI — OVERTIME......................................................................................................................
32
ARTICLE VII - RETIREMENT...................................................................................................................
3
ARTICLE VIII - VACATION LEAVE....................................................................................................
443
ARTICLE IX - ADMINISTRATIVE LEAVE...........................................................................................
54
ARTICLEX — HOLIDAYS.....................................................................................................................
534
ARTICLE XI - SICK LEAVE..................................................................................................................
665
ARTICLE XII - SICK LEAVE CONVERSION........................................................................................
76
ARTICLE XIII — MEDICAL INSURANCE..............................................................................................
87
ARTICLE XIV - DENTAL INSURANCE..............................................................................................
887
ARTICLE XV - VISION INSURANCE....................................................................................................
98
ARTICLE XVI - LIFE INSURANCE........................................................................................................
98
ARTICLE XVII - LONG-TERM DISABILITY INSURANCE................................................................
98
ARTICLE XVIII - LEAVES AND LEAVES OF ABSENCE...................................................................98
ARTICLE XIX — TUITION REIMBURSEMENT................................................................................114-0
ARTICLE XX — PROBATION..............................................................................................................13-2
ARTICLE XXI - PERSONAL LIABILITY...........................................................................................134-2
ARTICLE XXII - GRIEVANCE PROCEDURE...................................................................................1443
ARTICLE XXIII - DISCIPLINARY PROCEDURE & PROCEEDINGS.............................................15--4
ARTICLE XXIV — CITY RIGHTS....................................................................................................
194-84-7
ARTICLE XXV — EMPLOYEE REPRESENTATION.....................................................................194-&P
ARTICLE XXVI — SEVERABILITY................................................................................................
2048
Attachment A — Salary Schedule (with proposed e es`
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
ARTICLE I - SALARY AND TERM
1.1 44— If any city bargaining unit, bargaining group, executive management as a Formatted: Font: 1z pt
group, appointees as a group or City Council receives a salary increase, Formatted: Indent: Left: 0°, Hanging: 0.5"
or a one time restoration payment that is greater than the Base Payment
UMN
1.2KO
Salary shall be as noted in Attachment A.
januar-yl,2012 June30,2013 18 floating ffiflough days (I per- men"
1.323 Employees designated by the Department Head and approved by the City Manager who
have passed a bilingual proficiency examination administered by the City shall receive a
monthly bilingual supplement of $150.00. The City Manager has the discretion in
determining eligible languages.
1334 The terms and conditions of this MOU shall continue in effect until such time as they are
superseded by a signed agreement/MOU between the City of Lodi and the LCMMA or
by other means permitted by the Meyers Milias Brown Act. The term of the MOU shall
be January 1, 2014 through December 31, 2014. .
Page 1
Formatted: Indent: Left: -0.38", Hanging:
0.38", Space After: 0 pt, Tab stops: 0.5", Left
+ 1", Left
Formatted: Space After: 0 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
Negotiations will commence no later than October 31, 20134.
1.45, City shall provide a one-time payment of $2,300 to each member of this bargaining unit Formatted: Not Highlight
who is employ the City on the date of approval of this MOU by the City Council
and has a4 least 6 months sefyiee . i j G , Payment will be made in a lump sum
manner along with a regularly scheduled pay check within two pay periods of the
approval of this MOU by the City Council.
ARTICLE II - UNIFORM ALL0M4kNCV0PERAT0R D-5 INCENTIVE
2.21 The City agrees to provide theUtili Superintendeant an incentive of $40.00
per month in recognition of his possession of Water Distribution Operator, Grade D-5 certificate.
This incentive is limited to employees hired prior to the. eaweeuti .,...fA.:. "40T'FebruaU 2, 2012.
ARTICLE III - DEFERRED COMPENSATION
3.1 Employees may participate in the City's Deferred Compensation Plan.
3.2 City matches up to a maximum of 3.0% of base salary begifming in the pay period
all i 2012 falls.
ARTICLE IV - FLEXIBLE SPENDING ACCOUNT
4.1 Employees shall have the option of participating in the Flexible Spending Account
(Section 125 Plan). Employees may elect to participate in;
a) Premium Conversion
b) Non -reimbursed Health Care
c) Dependent Care Reimbursement
4.2 Elections for the calendar year will be made each December, or if a change in family
status occurs. Money deposited into the Plan will be forfeited as required by plan and
or applicable -.Money not used by the end of eaeh ealendar- year- will be forfeited by
the
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION - MOU 20142-20ia4
ARTICLE V - CHIROPRACTIC
5.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan.
ARTICLE VI — OVERTIME
6.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the
overtime requirements of the Fair Labor Standards Act (FLSA), the following special
provisions for the payment of overtime will apply. Employees shall be compensated for
overtime at the time and one-half rate for time worked due to emergencies. Emergencies
shall be determined by the appropriate department head and include but are not limited to
such events as:
• Major storm damage requiring the dispatching of additional crews;
• The necessity to cover scheduled shifts;
• Direct supervision of crews assigned to work during normal days off to accommodate
the public:
• Break down of equipment and/or systems requiring the presence of the mid -manager
in order to restore service.
6.2 Overtime pay shall not be paid for the following:
• Staff meetings
• Special projects
• Conferences and seminars - except as noted below
• Appearances before City Council and commissions,
• Public information presentations,
• Activities involved with the completion of normal activities or programs such as
budgets, inventory, annual financial closings, labor negotiations, and recreation
programs.
6.3 All overtime must be approved by the department head. Any deviations from these
guidelines must be approved in advance by the department head and the City Manager.
6.4 Upon promotion into a Mid -Management position all previously accrued compensatory
time must be paid or used prior to the promotion.
ARTICLE VII - RETIREMENT
7.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Employees shall receive the following retirement benefits for employees deemed
to be "classic" employees by PERS:
Miscellaneous 2% @ 55 plan
• 1957 Survivors Benefit
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION - MOU 20142-201a4
• 1959 (Plus 25%) Survivors Benefit
• Ordinary disability vested at 30% at 5 years increasing 1% per year to maximum
of 50%
• 50% survivors continuation
• Credit for Unused Sick Leave
•_Military Service Credit as Public Service
• Employee shall pay the full employee share of retirement costs as calculated by PERS
(7%) in its annual actuarial valuation
i
July 1, 2013 a -ad thereafter- 7.0 0
7.2 Dtw;ng the tefm of this agr-eemefft, the LGNA4A agrees to r-eepea for- negotiation
proposed CaIPERS plan amendments 0
7.2 Employees shall receive the following retirement benefits for employees deemed to be
"new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA):
Miscellaneous 2% g 62 plan
• 1957 Survivors Benefit
• 1959 (Plus 25%) Survivors Benefit
t Formatted: Indent: Hanging: 0.25"
• Ordinary disability vested at 30% at 5 years increasing 1% per year to maximum of
50%
• 50% survivors continuation
• Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Employee shall pay the full employee share of retirement costs as calculated by PERS
in its annual actuarial valuation
ARTICLE VIII - VACATION LEAVE
8.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
15th year 6.16 hours per pay period
Page 4
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
21 st year 6.47 hours per pay period
22nd year 6.78 hours per pay period
23rd year 7.09 hours per pay period
24th year 7.40 hours per pay period
25th year 7.71 hours per pay period
8.2 Employees hired after July 1, 1994 shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
15th year/above 6.16 hours per pay period
8.3 Employees promoting into a Mid -Management position will follow the vacation schedule
referenced in articles 8. 1, or 8.2, depending on their initial employment with the City of
Lodi.
8.4 Vacation leave shall be used in increments of not less than quarter hours. Vacation may
not be carried over to the subsequent year in excess of the amount earned in two calendar
years unless authorized by the City Manager.
ARTICLE IX - ADMINISTRATIVE LEAVE
9.1 Employees will be given eighty (80) hours of administrative leave per calendar year.
Balances must be used prior to December 30 or they will be lost.
9.2 New employees or employees becoming eligible due to a promotion receive
administrative leave on a prorated basis, with six point six seven (6.67) hours granted for
each full calendar month remaining in the calendar year with a maximum of 80 hours.
9.3 Employees separating mid -year will receive a cash payout for unused Administrative
Leave on a prorated basis in accordance with 9.2.
9.4 Employees are eligible to cash out up to €ert (Q)six 60 hours of their current
Administrative Leave balance in any calendar year except in the months of May and
June. A request to cash out Administrative Leave must be in writing and submitted to the
Finance Division.
ARTICLE X — HOLIDAYS
10.1 All employees shall receive 36 floating hours and the following nine and one half fixed
holidays:
• New Year's Day January 1
• Martin Luther King Jr. Day 3rd Monday in January
• President's Day 3rd Monday in February
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
• Memorial Day Last Monday in May
• Independence Day July 4
• Labor Day 1st Monday in September
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving Day Friday after Thanksgiving Day
• Christmas Eve (half working day) December 24
• Christmas Day December 25
10.2 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.
10.3 Electric Utility Mid -Management employees shall receive 45 floating hours and the
following eight and one-half fixed holidays:
• New Year's Day January 1
• Martin Luther King Jr. Day 3rd Monday in January
• Memorial Day Last Monday in May
• Independence Day July 4
• Labor Day I 5 Monday in September
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving Day Friday after Thanksgiving Day
• Christmas Eve (half working day) December 24
• Christmas Day December 25
10.4 Holiday hours may not be carried into the following calendar year.
10.5 If hired or separated mid -year, employee shall be credited or debited with floating hours
per the following schedule:
Four Floating Holidays:
Month Hired or Separated
Jan Feb March
April May June
July Aug Sept
Oct Nov Dec
ARTICLE XI - SICK LEAVE
Hours Added Hours Subtracted
36 27
27 18
18 9
9 0
11.1 Sick Leave is earned at the rate of 3.70 hours per pay period with no limit on the amount
that can be accumulated. Sick leave shall be taken in increments of not less than quarter
hours.
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION - MOU 20142-20ia4
ARTICLE XII - SICK LEAVE CONVERSION
12.1 Employees 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 for the employee and, if applicable, his/her dependents, subject to
the cap shown in Article XIII. Fifty percent of that dollar amount will be placed into a
"bank" to be used for medical insurance premiums 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
Employees may also use their banks money to purchase Dental, Vision, and/or
Chiropractic Insurance at the current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days. The
City shall pay one month's premium for employee and dependents for each day after
conversion. For each year of employment in excess of 10 years, 2.5% shall be added to
the 50% before conversion. The amount of premium paid shall be the same as the
premium paid by the City at the time of retirement, subject to the cap in Article XIII. Any
differences created by an increase in premiums must be paid for by the employee.
OPTION #3 - "Cash -Out"
A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the
rate of 30% of base pay per hour.
OPTION #4 — "Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for Cal
PERS retirement purposes.
12.2 Employees hired after July 1, 1994 will not have the option of converting unused sick
leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The
only option available to these employees is OPTION #4 "PERS SERVICE CREDIT".
12.3 In the event an active employee dies before retirement and that employee is vested in the
Sick Leave Conversion program (10 years) the surviving dependents have an interest in
one-half (1/2) the value of the bank as calculated in Section 12.1.
12.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave
Conversion program to purchase medical insurance at the employee only premium for the
same period as if the retiree had not died.
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION - MOU 20142-20184
12.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the
option of purchasing at the prevailing rate additional medical insurance for an unlimited
amount of time.
12.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 12.1; Option #2.
12.7 Only one City of Lodi employee may carry dependent coverage for another City
employee, therefore, upon retirement the employee may re -enroll as an individual into the
health plan in order to take advantage of the Sick Leave Conversion program.
12.8 A retiree or surviving dependent may purchase dental, vision, and/or Chiropractic
insurance at the City group rate through the Sick Leave Conversion Bank option.
ARTICLE XIII — MEDICAL INSURANCE
13.1 All employees are offered medical insurance for themselves and dependents through Cal
PERS-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 Porac) as of January 1 20124. The City wil waive the
euffen4 employee medieal eontribu4ion effeetive the first pay period that begins
weeks ..ao. this agreement i oa by Counei . 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 or $532.92 for employee + 1 dependent will be added to either the
employee's deferred compensation account or cash. A single employee who can show
proof of group insurance will be eligible for this provision at the rate of alle half (1,12)
euffePA amount ($305.22). In order to qualify for this provision, proof of group insurance
must be provided to the City.
Employees will pav all medical costs in excess of the cap reference above.
0
baseline will be the januar-y 2012 lowest eost PERS HMO for the employee's ftwAily
eategory (Family, $1597.14; Employee*l, $1220.88; Single, $610.44).
13.2 Only one City of Lodi employee may carry dependent coverage for another City
employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by
the City of Lodi on a quarterly basis.
13.3 The City intends to propose a Cafeteria -based benefit program in 20142 with an effective
date of January 1, 20153. 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.
ARTICLE XIV - DENTAL INSURANCE
14.1 Employees are provided fully paid family dental insurance.
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
14.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per
calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XV - VISION INSURANCE
15.1 Employees are provided with family vision care insurance through Vision Service Plan.
Services and amount of coverage are outlined in the VSP Summary of Benefits.
ARTICLE XVI - LIFE INSURANCE
16.1 Employees are provided with a life insurance program providing for 2 times the annual
salary to a maximum of $250,000. The amount of insurance to reduce to 65% after the
70th birthday but before the 75th birthday. The amount of life insurance after the 751,
birthday is reduced to 50%. In addition, a spouse will be covered for $1,500. Dependent
children between the ages of birth through the 20th birthday will be covered for $1,500.
ARTICLE XVII - LONG-TERM DISABILITY INSURANCE
17.1 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
disabili!N, -cil-will --evide E"leyee r-efeffal te a long teFm disability plan pr -e-,4
A4+y instimnee eever-age pwohased shall be at empleyee's e"ense.A bene
benefit-.
ARTICLE XVIII - LEAVES AND LEAVES OF ABSENCE
18.1 A leave of absence may be granted for a specified period of time (not to exceed one year)
with or without pay, for an employee to be absent from duty for a specified purpose. No
such leave shall be granted except upon written request of the employee, setting forth the
reason for the request and the duration of such leave.
The granting of a leave of absence provides the employee the right to return to the same
position or a position similar to the one vacated.
Requests for leave of absences for medical reasons must be accompanied by the
appropriate health care practioner's documentation.
A leave of absence shall not constitute a break in service for purposes of the City of
Lodi's service award, nor shall it impair an employee's status as a regular full-time
employee. An employee returning to employment after a leave of absence shall retain the
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
same status and shall be placed at the same salary step in the pay range in effect for the
class as the employee received when the leave of absence commenced.
Employees shall not be entitled to a leave of absence as a matter of right (except as
provided by Federal or State law), but only upon the determination of the City that it is in
the best interest of public service and that there is a presumption that the employee
intends to return to work upon the expiration of the leave of absence. Failure on the part
of the employee on leave to report promptly at its expiration, or at a reasonable time after
notice to return to duty, shall be considered abandonment of position.
The approval of a leave of absence is subject, but not limited to a number of
considerations such as length of employment, performance record, reasons for the leave
of absence, the effect of the absence on the department, and duration of the leave of
absence.
P.E.R.S. contributions will continue to be made as long as an employee continues to
receive compensation from his/her accumulated leave balances. The amount of the
contributions will vary according to the amount of compensation being received from the
accumulated leave balances.
While an employee is on a leave of absence, he/she may receive compensation from
his/her accumulated leave balances in accordance with applicable City policies. The
amount of compensation received from these balances determines the employee's pay
status.
18.2 An employee is on pay status when they are receiving compensation from his/her
accumulated leave balances. To be eligible for City benefits, a regular, full-time
employee must be on pay status at the rate equivalent to hours worked in at least one half
of a pay period. The only exception to this condition pertains to the receipt of
compensation from accumulated leave balances while receiving Workers' Compensation
payments. Such employee must use all his/her accumulated leave balances until
exhausted.
18.3 A leave of absence with pay is when an employee is considered to be in a pay status. An
employee in a pay status will continue to receive all benefits including leave accruals.
18.4 A leave of absence without pay is determined as such when an employee is no longer in a
pay status or has exhausted all accumulated leave balances (according to applicable City
policies).
A leave of absence without pay shall constitute a break in service for the purposes of
determining benefit eligibility, performance evaluation and subsequent merit increase
eligibility time frames if the employee is not on pay status at the rate equivalent to hours
worked in at least one half of a pay period. The length of such leave to the nearest pay
period shall be deducted from service credit.
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
Failure of an employee to return to his/her employment upon the termination of any leave
of absence may result in the employee being required to reimburse the City for health
insurance premiums paid by the City during the leave. For reasons other than disability,
employees and their dependents may continue their health/medical insurance by paying
the premiums for such time as the employee is in a leave without pay status.
All employees granted a leave of absence without pay may have his/her personnel action
date extended by the amount of the leave of absence, if such absence is greater than one
pay period
18.5 All leaves of absence shall be requested in writing by the employee and shall require
written approval by the Department Head. In addition to Department Head approval,
leaves of absence without pay shall be approved by the City Manager. All requests shall
be routed through the Human Resources Division and must include the following
information:
(1) Employee identification information such as employee number, class title, etc.;
(2) Dates of commencement and expiration; and
(3) Reason for absence.
18.6 A Personnel Action Form shall be submitted by the respective department to the Human
Resources Division for all leaves of absence without pay with a duration greater than one
full pay period. The form should be submitted prior to the commencement of such leave
and immediately upon or prior to the employee's return to work.
18.7 All employees must have timesheets/cards submitted to payroll during leaves of absence
indicating the type and amount of accumulated leave balance(s) to be charged. An
employee on a leave of absence without pay should submit his/her timesheet/card
indicating such status.
ARTICLE XIX — TUITION REIMBURSEMENT
19.1 Participation is limited to full-time regular employees of the City of Lodi.
19.2 City shall reimburse employees the cost of tuition and books (including software) upon
the satisfactory completion of job related coursework.
Employees must maintain continuous service from the date a course begins to the date of
its completion.
Employees shall not be eligible for reimbursement when a course is paid for by another
source.
1) Employees shall receive up to a maximum of $3,000 per fiscal year (including
books and software), to be paid upon the satisfactory completion of course work.
Page 11
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
A fiscal year is the period between July 1 and June 30; the final date of class shall
determine the fiscal year in which that course falls. You cannot request reimbursement
for a course in a fiscal year that the course did not end. For example: if you complete a
class in June, but not request reimbursement until August, funds for your reimbursement
would be derived from the previous fiscal year.
Course work must be part of a program of study towards obtaining an Associate of Arts,
Bachelor's, or any higher degree. The college or university must be accredited from one
of the eight regional accredited associations listed below:
• Middle States Association of Colleges and Schools Middle States Commission on
Higher Education
• New England Association of Schools and Colleges Commission on Institutions of
Higher Education
• New England Association of Schools and Colleges Commission on Technical and
Career Institutions
• North Central Association of Colleges and Schools The Higher Learning Commission
• Northwest Commission on Colleges and Universities
• Southern Association of Colleges and Schools Commission on Colleges
• Western Association of Schools and Colleges, Accrediting Commission for
Community and Junior Colleges
• Western Association of Schools and Colleges, Accrediting Commission for Senior
Colleges and Universities
19.3 Courses should pertain to an employee's career field, thus enhancing his/her career
advancement opportunities and job skills. Courses related to an employee's job duties and
responsibilities must exceed the educational level required to qualify for the employee's
current classification.
19.4 Prior to enrollment in a course, the employee shall submit an application for participation
in this program to his/her Department Head.
The Department Head shall review the application and determine eligibility according to
the Tuition Reimbursement policy and the appropriate memorandum of understanding. If
the application is denied, a letter shall be sent by the Department Head to the employee
explaining why it has been disapproved. If the application is approved, the Department
Head shall sign the application and return it to the employee, who shall be responsible to
retain it until the course is completed.
Upon completion of the course of instruction, the employee shall submit to the
Department Head evidence of satisfactory completion (grade of "C" or equivalent or
better). For ungraded courses, a statement from the school or the instructor must indicate
successful completion of the course. This shall be accomplished within 60 calendar days
of the completion of the course. In the event that such cannot be furnished within this
time period, the employee shall provide a written statement explaining the reason for the
delay.
Page 12
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
The Department Head shall then authorize payment of the appropriate reimbursement.
The completed application, receipts, and evidence of grade shall be forwarded to Human
Resources for approval. Once approved by Human Resources the packet will be
forwarded to the Finance Division and a reimbursement check shall be issued to the
employee.
19.5 Participation in courses must not be during regular work hours and must not result in
reducing either the normal work week of the employee or the quality and quantity of
his/her services to the City; except that the City may grant time off for attendance at
courses during working hours if the course is given at no other times and if such time off
does not disturb normal City operations. The best interests of the City shall at all times be
the determining factor in the consideration of such time off.
Employees must complete courses within the regulation period of time allowed for them
by the school or professional organization.
Participation in this program is to be considered a privilege rather than a right of the
employee.
The City reserves the right to disapprove reimbursement for courses if the course
requested is available at a substantially lower cost at a local school or college.
ARTICLE XX — PROBATION
20.1 Employees have a probationary period of one year. During probation, new hires have the
same rights and privileges as regular employees, except that:
• City and employee may mutually agree to an extension of the probationary period up
to six additional months.
• Termination cannot be grieved.
New hires and promotional appointments shall be eligible for a merit increase at the
completion of probation.
ARTICLE XXI - PERSONAL LIABILITY
21.1 Employees shall be indemnified and held harmless by the City against all costs, legal
expenses, and liability arising out of decisions made in their capacity for the City of Lodi
and/or from any cause of action for property damage, or damages for personal injury,
including death, sustained by person(s) as a result of a decision made in their capacity,
except that:
A. The City is not required to but may provide for the defense of an action or
proceeding brought against an employee or former employee if the City
determines that:
Page 13
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
1. The act or 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 apparent best interests of the City.
3. Payment of the claim of judgment would be in the best interests of the
City.
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
A. Interpretation or application of any of the terms of this agreement, including
Exhibits thereto, Letter of Agreement, and formal interpretations and
clarifications executed by the Association and City.
B. Disputes as to whether a matter is proper subject for the Grievance Procedure.
C. Disputes which may be of a "class action" nature filed on behalf of the
Association or the City.
22.2 Class action Grievances shall be submitted in writing from the LCMMA's President to
the City Manager or vice versa.
22.3 STEP ONE
Discussion between the employee, the Association Representative and the Department
Head, who will answer within fifteen work days. This step shall be taken within thirty
days of the date of the action complained of, or the date the grievant became aware of the
incident which is the basis of the grievance.
22.4 STEP TWO
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CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
If a grievance is not resolved in Step One, Step Two shall be the presentation of the
grievance, in writing, by the Association Representative to the City Manager, who shall
answer, in writing, within fifteen work days of receipt of the grievance. The City
Manager's decision shall be final and binding. Step Two shall be taken within fifteen
work days of the date of the answer in Step One.
ARTICLE XXIII - DISCIPLINARY PROCEDURE & PROCEEDINGS
23.1 In order to establish employee standards of conduct and work performance that are
consistent with the efficient and effective delivery of public services, this section outlines
those circumstances under which disciplinary action may be required.
23.2 The following may be causes for disciplinary action including, but not limited to, written
reprimand, demotion, suspension, or discharge of any employee. The purpose of
specifying these causes is to alert employees to the more common types of disciplinary
issues. However, this list is not all inclusive and there may arise instances of
unacceptable behavior not included in this list.
A. Improper or unauthorized use or abuse of sick leave.
B. Inability to maintain regular and consistent attendance, which prevents the
reasonable availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work, leaving
assigned work without authorization; failure to report to work after a leave of
absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of any City rule or policy.
E. Insubordination.
Acceptance of gifts or gratuities in connection with or relating to the employee's
duties.
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge
of a felony or any offense involving moral turpitude is deemed to be a conviction.
H. Fraud or the submission of false information related to employment application,
payroll, or any work-related record or report.
Soliciting outside work for personal gain during the conduct of City business;
engaging in outside employment for any business under contract with the City; or
participating in any outside employment that adversely affects the employee's
City work performance; or conducting personal business on City time.
Page 15
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION - MOU 20142-20ia4
J. Discourteous treatment of the public or City employees or disorderly conduct on
City property or on City business; for example, fighting, using profanity,
intimidation, or abusive and threatening language.
K. Conduct that interferes with the reasonable management, operation and discipline
of the City or any of its departments or divisions or failure to cooperate with
superiors or fellow employees.
L. Engaging in political activities while on duty, in uniform or using the authority
associated with City employment.
M. Violation or neglect of safety rules or practices.
N. Behavior, either during or outside duty hours, which is of such a nature that it
causes discredit to the City or one of its operating practices.
O. Refusal or inability to improve job performance in accordance with written or
verbal direction after a reasonable trial period.
P. Inefficiency, incompetence, or negligence in the performance of duties, including
failure to perform or complete assigned tasks or training in a prompt competent
and reasonable manner.
Q. Refusal to accept and carry out reasonable and proper assignment from an
authorized supervisor.
R. Intoxication, incapacity or possession or use of controlled substances or alcohol
on City property and/or at the worksite.
S. Failure to obtain or maintain possession of the minimum qualifications for the
position.
T. Careless, negligent, or improper use of City property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
U. Unauthorized release or use of confidential information or official records.
V. Participation in an illegal strike, work stoppage, slowdown, or other job action
against the City.
W. Inability to perform the duties of his/her job.
X. Dishonesty.
Y. Possession of firearms on the job (except for law enforcement personnel).
Z. Sleeping on the job.
Page 16
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
AA. Theft.
BB. Retaliation for actions protected by law.
CC. Failure to report loss of or damage caused to City equipment and/or facilities for
which the employee was responsible.
DD. Threats of violence against City employees and/or City property.
EE. Violation of the Fair Political Practices Act.
23.3 PERSONS WHO MAY TAKE DISCIPLINARY ACTION. The City Manager or any
Department Director or designee may take disciplinary action against an employee.
23.4 CONSIDERATIONS IN THE DETERMINATION OF TYPE OF DISCIPLINARY
ACTION. Where appropriate, the City practices a progressive disciplinary process. The
considerations used in determining the type of disciplinary action shall be considered on
a case-by-case basis. Such considerations shall include, but not be limited to: the
employee's work history and performance record; the nature and severity of the
infraction; aggravating and mitigating circumstances associated with the offense; and any
extenuating factors.
23.5 TYPES OF DISCIPLINARY ACTION. The types of disciplinary action that may be
taken shall include but not be limited to oral reprimand, written reprimand, demotion,
suspension, reduction in pay and dismissal.
23.6 NOTICE OF DISCIPLINARY ACTION. Those disciplinary actions beyond an oral
reprimand shall be in writing and include the following:
A. The causes/reasons for the disciplinary action, which may include the
performance expectations, rules, regulations or policies that have been violated.
B. The effective date(s) of the disciplinary action.
C. Any rights of appeal.
23.7 APPEAL OF DISCIPLINARY ACTION. An employee shall have the right to appeal any
disciplinary action through the appropriate chain of command. The appeal process shall
be composed of the following steps:
A. An appeal shall be submitted in writing to the person who proposed and enacted
the discipline within fifteen (15) business days of the date of notification for
disciplinary action.
Page 17
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
B. The person who proposed and enacted the discipline shall respond in writing
within fifteen (15) business days of the date of receipt of the employee's appeal.
C. If resolution is not achieved at that level, the employee may submit an appeal in
writing to the Department Director within fifteen (15) business days of the date of
the supervisor's response.
D. The Department Director shall respond in writing within fifteen (15) business
days of the date of receipt of the appeal.
E. If resolution is not achieved with the Department Director, the employee may
submit an appeal in writing to the City Manager within fifteen (15) business days
of the date of the Department Director's response.
F. The City Manager shall respond in writing within fifteen (15) business days of the
date of receipt of the appeal.
G. If resolution is not achieved with the City Manager, the employee may submit a
request in writing to the City Clerk for the Personnel Board of Review to hear a
review of the case within fifteen (15) business days of the date of the City
Manager's response.
H. A hearing by the Personnel Board of Review shall be scheduled within fifteen
(15) business days of the date of receipt of the request by the City Clerk. The
hearing by the Board shall be a public hearing, unless the employee desires a
closed hearing.
I. The Personnel Board of Review shall have the ability to rule on the factual basis
of the offense and the severity of the punishment
J. The Personnel Board of Review shall submit a statement of opinion to the
employee, City Manager, and the employee's Department Director in writing
within fifteen (15) business days of the hearing. The decision of the Board shall
be advisory to the City Manager.
K. Final Notice of Disciplinary Action: Following review of the Personnel Board of
Review's recommendation and the determination by the City Manager, the City Manager
shall prepare a Final Notice of Disciplinary Action, advising the employee of the action
to be taken and the employee's appeal rights. The Final Notice of Disciplinary Action
shall be provided to the employee in writing within 15 days of receipt of the Personnel
Board of Review's Statement of Opinion. The City Manager shall file a copy of the Final
Notice of Disciplinary Action with the Human Resources Manager. The Final Notice of
Disciplinary Action shall be delivered personally to the employee or shall be sent by
registered or certified mail.
L. Failure, by either party to respond in a timely manner would result in judgment
for the opposing party.
Page 18
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20M
23.8 Judicial review of any decision rendered under this section shall be governed by Code of
Civil Procedure section 1094.5
23.9 For employees covered by the requirements of California Government Code Section
3300 et. seq., the appeal procedures in this section shall be deemed to comply with and
fully satisfy the right to an administrative appeal under Government Code section 3304.
23.10 FLSA Exempt Employees: With respect to employees in classification deemed exempt
from the overtime requirements of the Fair Labor Standards Act ("FLSA") disciplinary
suspensions pursuant to this policy shall be administered in accordance with the salary
basis test under the FLSA's governing regulations.
ARTICLE XXIV — CITY RIGHTS
24.1 It is further understood and agreed between the parties that nothing contained in this
MOU shall be construed to waive or reduce any rights of the City, which include but are
not limited to, the exclusive rights to:
• Determine the mission of its constituent departments, commissions, and boards
• Set standards of service
• Determine the procedures and standards of selection for employment
• Direct its employees
• Maintain the efficiency of governmental operations
• Determine the methods, means, and personnel by which government operations are
conducted
• Take all necessary actions to carry out its mission in emergencies
• Exercise complete control and discretion and the technology of performing its work.
City Rights also include the right to determine the procedures and standards of selection
for promotion, to relieve employees from duty because of lack of work or other
legitimate reasons, to make and enforce standards of conduct and discipline, and to
determine the content of job classifications; provides, however, that nothing herein may
be read to extend the term of the MOU nor to supplement negotiations as a means for
arriving at terms for a successor MOU.
ARTICLE XXV — EMPLOYEE REPRESENTATION
25.1 This Memorandum of Understanding (MOU) is entered into between representatives of
the City of Lodi (City) and representatives of the Lodi Mid -Management Association
(LCMMA).
The parties hereto acknowledge and agree that this MOU constitutes the result of meeting
and conferring in good faith as contemplated by Section 3500 et seq., of the Government
Code of the State of California, and further acknowledge and agree that all matters upon
which the parties reached agreement are set forth herein.
Page 19
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
Both parties each certify without reservation that an adequate opportunity has been
afforded its bargaining representatives to propose and vigorously advocate all negotiable
subject matter during the course of collective bargaining preparatory to signing this
agreement. The City will meet and confer before changing a policy or rule that is subject
to meet and confer under the Meyers-Milias-Brown Act (MMBA).
The terms and conditions of this MOU shall continue in effect during the term of this
MOU.
The City and the LCMMA agree and understand that if any section of the MOU conflicts
with any ambiguity will policy manual or rules for personnel administration) is
controlling. State and Federal laws will be adhered to). The terms and conditions of
employment stated in other authorities, such as personnel rules, administrative policy and
procedure, city resolutions, or city ordinances, etc. be resolved in favor of the MOU
language. If the MOU is silent on any issue, the applicable document (i.e. policy manual
or rules for personnel administration) is controlling. State and Federal laws will be
adhered to.
The City agrees to recognize LCMMA representatives for the purpose of representing
members of the LCMMA on all matters relating to the administration of this MOU, and
upon the request of an employee, on adverse actions and other matters which may be or
are on appeal in accordance with the discipline article of this MOU.
ARTICLE XXVI — SEVERABILITY
26.1 In the event that any provision of this MOU is found by a court of competent jurisdiction
to be invalid, all other provisions shall be severable and shall continue in full force and
effect.
Page 20
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION - MOU 20142-20134
ATTACHMENT A
t Formatted Table
OGG Step A Step B Step G Step P step -E
349 4797.90 5037.73 5299.69 5554.18 5431.4
66 5813.22 6193:88 6409.07 672933 7066.
65 4744.09 4981.30 3230.36 3491.88 3766.
5-7 6983:39 7229.59 7591.09 7978.59 8369.1
439 7841.86 7393.95 7763.64 5131-83 93394
44 4897.43 5142.30 3399.42 5669.39 595278
65 5813.22 6193,89 6409.07 6729.53 7966.
443 3219.02 5563.97 5842.16 6134.28 6440.
46 9065.32 934838 9994.499 lnn�4 11912
47 9065.32 9515.59 9994.49 110494 2424 11012
163 8227.03 8635:38 9878:38 9523.81 18000
418 6012.43 631343 6628.75 6960.13 7308.
13 6774.18 7112.89 7468.54 7841.96 5334.8
396 6130-97 6426..83 6748.22 7083-64 7439.�J
Librarian 338 4103:43 4312.89 4335-44 4754.86 4992.61
Librarian 1 333 4318:18 4744:09 4951.9 5230.36 3491.87
r :1........, ee.wiees Manage 2-P 540933 567936 5963.69 6261.99 6374.93
Management A+ialys 43.8 4776r.43 5015.25 525-96 332936 5805.78
143 6744.66 708189 7435.99 7907.79 5198:18
Ne;,.,.1.,.r,,ee Serviees ,,,1..«,.,.e_ 155 6897.27 7231.54 7393.17 79712.82 8371.47
Network Administrate 133 399181 6186.7 649334 6538.41 7161.47
Parkvuperifftene11I 385 3-911.63 6207.21 6517.57 6543:45 7183-.62
D...,.,...«,1 Res eiu. e „>,,1,.«,.ger 137 5227:03 563835 907038 932381 18000.09
Reereation Manager 334 4452.16 4674.80 490839 5154:01 3411.68
Deereatie« C..«e«.«4e«.le«t 338 4Q� 51� S2� 5669.380 5952.95
133 6538.36 6886:48 7230.74 3393:48 0
Seftior Power E _' 149 7356.09 7723.79 9109.36 9515.055 6509 59`4101:5^6
Cie«, D......,.,.«.«.e«/A«..1.,.,♦ 434 5355.35 SLS cn� 619 40 1
343 5647.31 5929.67 633616 6537.47 696434
T....«.,«,.......ief l.,r. nage..ic . Tra ffie Engi«ee 43 6559.00 6987.15 731:44 7593.20 7972.46
S..«,._:«.,.«a,.«. 433 618634 6493:-17 6930.77 7161.81 3319:90
Page 1
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 20142-20134
CITY OF LODI
a Municipal corporation
KONRADT BARTLAM
City Manager
Date:
DEAN N G r n r CO ordan Avers
HDeputy Ci Manager
Date:
Attest:
RANDI JOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
Page 1
Formatted: Left: 1", Right: 1", Suppress
LODI CITY MID -MANAGEMENT ASSN. Endnotes
vENIP! BE rr Gary Wiman
President
Date:
3OSEPH CHRIS BoverWOOD
Vice -President
KATHRYN GARCIA
Secretary/Treasurer
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1, 2014 - December 31, 2014
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION Pie #
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 XIX
Holidays
11
Article XX
Leaves of Absence
12
Article XXI
Sick Leave
12
Article XXII
Vacation Leave
12
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
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 XXXIII
Sick Leave Conversion
17
2
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CHAPTER 4 — UNION / CITY ISSUES
Article XXXIV
Union Leave
19
Article XXXV
Demotion And Layoff
19
Article XXXV
Changes in Memorandum
19
Article XXXV II
City Rights
19
Article XXXVIII
Employee Representation
20
Article XXXIX
Grievance Procedure
22
Article XL
Mutual Consent Contingency
25
Article XLI
No Strikes
25
Article XLII
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 — Salary Schedule effective 03/21/2012
Exhibit B — Salary 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
2014
Chapter 1— Salaries and Other Compensation
ARTICLE I — SALARY
1.1 Bar -gaining Unit member -s agree to aeeept the following fuf4ough houfs dufing the
All employees in the bargaining unit shall be issued a one-time restoration payment.
The base payment will be $2,300 per AFSCME employee `Base Pam)
distributed as set forth below. The total distribution shall be calculated as the
number of AFSCME employees eligible for the one time payment on the date of
ratification times the $2,300. Employees hired on or after January 1, 2012 shall
receive a $1,150 one time payment. Employees hired before January 1, 2012 shall
receive $2,300 plus a pro rata share of $1,150 times the number of people eligible
for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU by
resolution by the Lodi Citv Council.
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, bargaining group, executive management as a group,
Upointees as a group or City Council (exeept for- MEN) receives a salary
increase or a one time restoration payment that is greater than the Base Payment of
$2,300.00 received by AFSCME per Article 1.1 of this MOU (excluding step
increases or the equivalent), or a higher value medical and/or retirement benefit
(except IBEW retirement) annlicable to all members of the aroun for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on Peeembe
3-INovember 30,_2013 or 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
0
N. aN
•
■_
._
_
5
All employees in the bargaining unit shall be issued a one-time restoration payment.
The base payment will be $2,300 per AFSCME employee `Base Pam)
distributed as set forth below. The total distribution shall be calculated as the
number of AFSCME employees eligible for the one time payment on the date of
ratification times the $2,300. Employees hired on or after January 1, 2012 shall
receive a $1,150 one time payment. Employees hired before January 1, 2012 shall
receive $2,300 plus a pro rata share of $1,150 times the number of people eligible
for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU by
resolution by the Lodi Citv Council.
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, bargaining group, executive management as a group,
Upointees as a group or City Council (exeept for- MEN) receives a salary
increase or a one time restoration payment that is greater than the Base Payment of
$2,300.00 received by AFSCME per Article 1.1 of this MOU (excluding step
increases or the equivalent), or a higher value medical and/or retirement benefit
(except IBEW retirement) annlicable to all members of the aroun for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on Peeembe
3-INovember 30,_2013 or 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
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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opportunity to move to a lower cost plan upon the next available open enrollment
period.
1.4 In the event that the modifications to the incentive structure in the 2013 MOU
(rolling incentives into the salary for new hires) iMpede recruitment and retention,
the parties agree to meet and confer in good faith to resolve the impediment.
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
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 a.m.
d. 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 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.
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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
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 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, as part 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
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:
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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. On 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 (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, 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 job 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
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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 — 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 DUYPAY — CALL -OUT PAY
employees are required to be plaeed in standby status for- a shift.
8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit
shall be eligible for standby pay as noted below:
A. Standby Pay: All employees in the Maintenance and Operators Bargaining
Unit, except Waste Water Plant Operators and Water Plant Operators, shall
receive compensation of three (3) hours of straight pay when said
employees are in standby status.
B. Standby Pay: All Wastewater Plant Operators and Water Plant Operators
shall receive compensation at straight time pay when said employees are in
standby status, as shown below.
On work days 3 hours
On non -work days 4 hours
On observed holidays 8 hours
8.2 CALL -OUT: All employees in the Maintenance and Operators Bargaining Unit
shall be paid call -out pay as follows:
A. In addition to the "Standby Duty Pay" (above) the employees on standby
shall be paid at the rate of one and one half times the straight time rate of
pay for time worked on emergency calls before 12 midnight. Time worked
between 12 midnight and 6:00 am, or in excess of twelve (12) consecutive
hours between 12 midnight and 12 midnight on M given day, shall be paid
at double time.
B. The first call -out will be paid at three (3) hours minimum at the appropriate
overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent
calls on the same calendar day will be paid for actual time worked at the
Upropriate overtime rate as defined in Article 8.2(A) of this Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 8.2(A) of this Agreement.
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
D. Phone calls lasting less than ten (10) minutes, that do not require substantive
work to be performed, will be paid one 1) hour at the appropriate over time
rate as defined in Article 8.2(A) of this Agreement. Calls lastinglonge
onger
than ten(10) minutes will receive the standard three (3) hour minimum at
the appropriate overtime rate as defined in Article 8.2(A) of this Agreement
and pay for any additional hours worked as defined in Article 8.2(C) of this
Agreement.
ARTICLE IX — TOOLS AND UNIFORM ALLOWANCE
9.1 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
Heavy Equipment Mechanic
Maintenance Worker I & II
Park Maintenance Worker I /II/III
Park Supervisor
Chief Wastewater Plant Operator
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker I/II/III
Street Supervisor
Sr. Facilities Maintenance Worker
Sr. Storekeeper
W/WW-Maintenance-Worker I/II/111
W/WW Supervisor
W/WW Plant Operator I/II/III
Water Plant Operator I/II/III
Welder -Mechanic
9_2 Coveralls as needed, but no more than 3, are provided to:
Chief Wastewater Plant Operator Plant and Equipment Mechanic
Wastewater Plant Operator I, II, III Environmental Compliance Inspector
Sr. Plant and Equipment Mechanic Maintenance Workers I and II
assigned to White Slough
Water Plant Operator I/II/III
9_3 Smocks as needed, but no more than 3, are provided to Laboratory Technician I/II_
9.4 The City agrees to provide prescription safety glasses up to a maximum cost of
$251.00 per pair as required. A maximum of two pair of prescription safely glasses
will be provided by the City during employment except as indicated in 9.6 and 9.7
below.
9.5 All prescription safety glasses shall be purchased or serviced within the City of
Lodi. Employees shall have their choice of any local optometrist. The employ
shall pay directly to the optometrist any fees for prescription examination or related
charges. The employee shall submit receipts for the frames and lenses to the City
for reimbursement.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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9.6 Prior to issuance of a replacement pair of prescription safety glasses for payment by
the City, the employee shall discuss with and receive approval from the immediate
supervisor and department head. The criteria for issuance of a replacement pair of
safety glasses are as follows:
1. If safety glasses are damaged due to an accident on the job, the safety
glasses will be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the
total amount for replacement.
3. If an employ. esquires a change of prescription for safety glasses, the
employee must submit a written statement from the eye doctor stating that
the prescription change is necessary
4. If safety glasses are unsafe due to normal wear and tear, the Ci . shall
approve a replacement pair as specified above.
9.7 The following conditions on the part of any applicable employee shall berog unds
for the cost of the employee's issued safety glasses to be deducted from the
employees pUroll check after a determination of cost has been made by the City.
1. Where the city would be required to replace issued safety glasses due to
abuse by the employ
2. Failure on the part of an applicable employee to wear or utilize safety
glasses unless agreed to in writing_
3. Failure on the part of an applicable employee to return issued safetyglasses,
regardless of condition, upon separation from City service.
9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
9.9 Employees who are not required to wear a uniform, whose personal clothing is
damaged in the line of duty, may request to have the item replaced or repaired at the
Cit..�pense.
A. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
B. The City shall have the sole discretion to approve or deny the request and its
denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the repair
identified in the employees claim.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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D. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damagd item for
inspection.
E. All requests for reimbursement shall be accompanied b.. receipts.
9.10 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing thelag sses.
A. Requests shall be submitted to the Department Director and shall be
accompanied by an eLcplanation of the event(s) that led to the damage.
B. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
the amount reimbursed to the employee by the amount paid by the insurance
provider.
Example:
Cost of Eyewear/Repair $150.00
Insurance Pays $100.00
Reimbursed to employee $ 50.00
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 $2050, paid quat4eflysemi-
annually as part of the last biweekly payroll in the months ofMar-eh
April and October of each, for all
classifications in this unit. exeept T ,,borate,= , To..haie;.,.-, T/TT
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.
10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance
to purchase water resistant shoes.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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 XII — EDUCATION INCENTIVES
12.1 The City shall make available incentive pay as shown in Exhibit BC & 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 successfully passing the test procedures.
12.3 The City agrees to pay $20.00 per 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
outlined in Exhibit ED.
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 -D 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 exeei•fie of this
{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.
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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.
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-two hours 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.
Chapter 2 - Leaves
ARTICLE XVII — CATASTROPHIC LEAVE
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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
January 1
Martin Luther King, Jr. Day
3rd Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4
Labor Day
1St Monday in September
Thanksgiving Day
4th Thursday in November
Day after Thanksgiving
Friday following Thanksgiving Day
Christmas Eve (4 hours)
December 24
Christmas Day
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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 may be accumulated up 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 LEAVE
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
12th year:
5.24 hrs per pay period
15th year:
6.16 hrs per pay period
21 st year:
6.47 hrs per pay period
22nd year:
6.78 hrs per pay period
23rd year:
7.09 hrs per pay period
24th year:
7.40 hrs per pay period
25th year & over:
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.
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
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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
maximum 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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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Chapter 3 - Insurance and Retirement
ARTICLE XXIII — 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 PORAC) as of January 1, 20124.
Employees will pay all costs for plans costing more than the amount paid by City.
23.2
pay period that begins two weeks after- this agr-eement is approved by Getmeil. 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.
23.3 Employees will pay one hundred percent (100%) of the change in medical costs
beginning January 201-34. The baseline will be the January 20124 lowest cost PERS
HMO for the employee's family category ($657.33 for Single, $1,314.66 for
Employee +1, $1709.06 for Family.)
Effective January 1, 20125, the maximum amount the City will pay towards
medical premiums will be increased by the lower of three percent (3%) or the actual
cost increase (for the employee's applicable cap),.evigea fella s for employees
whose annual base salary, , is less than $40,000.
Fer- these tAing Siogle
eever-age, C=4y
ffla*iffWffl
affleW4
paid
will inefease by -the
For- these taking Employee
* I or- Family
eover-age,
City
ma-xifiluffl
amotint pai
• if
iner-e-ase is
6.551%
-less,
City
rc�e� inn
uEtual premium
or
will
amotint paid
i y the lessor of aetua
r -ease,.
ti 550
.
0
and less
than er- equal
0
ti 550 „ tofna-ximtimof
30
(9.559%).
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Percentage increases shall be based upon the amountsshown evepaid by City
($610:44657.33 for single, $',''01,314.66 for Employee + 1 and
$4$1,709.06 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, unmarried 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
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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.
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' Compensation payment 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 20124 with an
effective date of January 1, 201-35. 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. Cit.. shall its plan to
AFSCME by August 1, 2014. AFSCME is not bound to accept City's proposed
plan during the term of this MOU.
ARTICLE XXXI — DEFERRED COMPENSATION PLAN
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 anGeneral Service employees to a deferred
compensation program up to a maximum 3.0% of the employee's gross salary
the pay period that Rily 1, 2012 falls.
ARTICLE XXXII — PERS
32.1 The City agrees to provide the following PERS retirement program and to pay the
employers cost for employees deemed to be "classic" employees by PERS:
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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)
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
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 Section 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).
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.
lei. Employee shall pay employee share of retirement at 7% effective December 31,
2013.
32.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employ. e�y PERS under the
Public Employee Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" 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.
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 Benefit before retirement.
D. Post-retirement Survivor Allowance which provides a surviving spouse with
an allowance upon the event of death after retirement.
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�
n �
32.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employ. e�y PERS under the
Public Employee Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" 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.
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 Benefit before retirement.
D. Post-retirement Survivor Allowance which provides a surviving spouse with
an allowance upon the event of death after retirement.
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E. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
F. Military Service Credit as Public Service.
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.
I. Employee shall pay employee share of retirement as calculated by PERS in
its annual actuarial valuation.
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:
Option #1— CONVERSION
After ten years of employment with the
unused sick leave shall be converted to
City, 50% of the represented employee's
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 1/2% to the 50% before converting
the unused sick leave to months of insurance.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
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 subject to the cap shown in Article XXIII.
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.
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, 2 1/2% will be added to the
50% before valuing the size of the bank. Each hour of sick leave is valued at
$20.00.
EXAMPLE:
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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 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 393.1.
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 393.1 of this Article.
106- 1 1101,1411M P.M.
PERS they have zer-e hews of ufmsed siek leave.
•• •Credit
33.5 Per California Government Code, employees may receive credit for unused sick
leave. It is agreed that eight (8) hours equals one (1) dampurposes of
determining days creditable.
33.6 Employees hired after July 1, 1995 will not have the option of converting sick leave
time into medical insurance premiums or cash as referenced in options 1-3. The
only ption available to these employees is Option #4, PERS credit.
33.7 Option #4 is available to all represented employees meeting PERS eli _ ig bility
requirements.
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33.8 If an employee opts to utilize the provisions of Option #1, Option #2, or Option #3,
the Cil. 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 XXXVII — 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. 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
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 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 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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• Fair Share donations to the United Way Campaign
• Fair 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 subject to 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 affiliations, 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 parry. 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.
39.3 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.
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 STEP FOUR: 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
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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 a joint 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 parry.
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
affects job 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
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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 job 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.
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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 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, 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
full time position (at least 32 hours per week). Temporary employees shall attain
regular status after being 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, 20124 to December 31, 201-34.
32
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CLASSIFICATION PLAN
Maintenance Operators
Employees hired before 3/21/12
ATTACHMENT A
Occupation Title
OCC
Step A
Step B
Step C
Step D
Step E
Building Services Coordinator
85
3674.67
3858.40
4051.32
4253.89
4466.59
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
Laboratory Technician 1
212
3304.12
3469.33
3642.80
3824.94
4016.18
Laboratory Technician II
213
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 1
252
2893.11
3037.84
3189.68
3349.15
3516.76
Maintenance Worker II
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 Maintenance Worker II
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 Storekeeper
77
3426.06
3597.36
3777.23
3966.09
4164.40
Street Maintenance Worker III
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 11
360
3958.50
4156.43
4364.25
4582.46
4811.58
Wastewater Plant Operator III
362
4354.36
4572.07
4800.67
5040.71
5292.74
Water Plant Operator 11
364
3958.50
4156.43
4364.25
4582.46
4811.58
Water Plant Operator 111
365
4354.36
4572.07
4800.67
5040.71
5292.74
Water/Wastewater Maintenance Worker
III
431
3500.47
3675.48
3859.27
4052.23
4254.84
Water/Wastewater Supervisor
429
4770.83
5009.52
5259.78
5522.93
5799.13
Welder - Mechanic
171
3647.63
3830.15
4021.68
4222.75
4433.87
33
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CLASSIFICATION PLAN
Maintenance Operators
Employees hired after 3/21/12
ATTACHMENT B
Occupation Title
OCC
Step A
Step B
Step C
Step D
Step E
Environmental Compliance Inspector
425A
4181.11
4390.16
4609.67
4840.15
5082.16
Equipment Service Worker
166A
3080.58
3234.61
3396.34
3566.16
3744.47
Heavy Equipment Mechanic
264A
3812.26
4002.88
4203.02
4413.17
4633.83
Lead Equipment Mechanic
266A
4177.03
4385.88
4605.18
4835.44
5077.21
Plant & Equipment Mechanic
430A
4094.41
4299.13
4514.09
4739.79
4976.78
Street Maintenance Worker I
256A
2967.29
3115.65
3271.44
3435.01
3606.76
Street Maintenance Worker II
257A
3255.94
3418.73
3589.67
3769.15
3957.61
Street Maintenance Worker III
258A
3607.42
3787.79
3977.18
4176.04
4384.84
Street Supervisor
381A
4576.80
4805.64
5045.92
5298.22
5563.13
Water/Wastewater Maintenance Worker
443A
2992.25
3141.86
3298.96
3463.90
3637.10
Water/Wastewater Maintenance Worker
II
444A
3319.57
3485.55
3659.83
3842.82
4034.96
Water/Wastewater Maintenance Worker
III
431A
3747.43
3934.81
4131.55
4338.12
4555.03
Water/Wastewater Supervisor
429A
5167.48
5425.85
5697.14
5982.00
6281.10
34
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
EXHIBIT C
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
III
• Environmental Compliance Inspector
III
Minimum Grade Level
2. Laboratory Analyst 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
II
• 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 & II
I
• Water/ Wastewater Maintenance Worker
I, II, III II
• 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
II
(Streets or Water/ Wastewater)
• Plant and Equipment Mechanic
II
• Sr. Plant and Equipment Mechanic
II
• Street Supervisor, Water/ Wastewater
III
Supervisor
35
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Minimum Grade Level
5. Wastewater Treatment Plant Opr. Certification to Earn Incentive
(CSWRCB — 5 Grade Levels)
• Wastewater Plant Operator I II
• Wastewater Plant Operator II III
• Chief Wastewater Plant Operator IV
Minimum Grade Level
6. Water Distribution Operator Certification
to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer ( Water/ Wastewater)
I
• Maintenance Worker I, II, III
II
(Water/Wastewater)
• Laboratory Services Supervisor
II
• Environmental Compliance Inspector
II
• Plant and Equipment Mechanic
III
• Sr. Plant & Equipment Mechanic
III
• Water/ Wastewater Supervisor
III
Minimum Grade Level
7. Water Treatment Plant Opr. Certification to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker I, II I
(Water/ Wastewater)
• Maintenance Worker III II
(Water/ Wastewater)
• Laboratory Services Supervisor II
• Environmental Compliance Inspector II
• Plant and Equipment Mechanic III
• Sr. Plant and Equipment Mechanic III
• Water/ Wastewater Supervisor III
8. Qualified Applicators Certificate
(State of California)
• Street Supervisor
• Parks Maintenance Worker III
• Parks Supervisor
• Streets Maintenance Worker I, II, III & Laborer
• Wastewater Plant Operator I
• Senior Facilities Maintenance Worker
36
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
9. Pest Control Advisor License
(State of California)
• Street Supervisor
• Parks Supervisor
• Laborer
• Parks Maintenance Worker I, II, III
• Street Maintenance Worker I, II, III
Notwithstanding the provisions of Article 3XII, the amount for the Pest Control Advisor
License incentive will be $50 per month.
37
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
EXHIBIT D
INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES
Mechanic Oualifications 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 Adiustment License issued by BAR $12.50
Equipment Service Worker
Heavy Equipment Mechanic
Welder -Mechanic
Lead Equipment Mechanic
Aluminum Welding Proficiency 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
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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 Compressed Natural 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
P-4 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
39
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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:
Brian Longpre
M &O Representative
Date:
Kari Chadwick
GS Representative
Date:
Sandy Smith
Treasurer
Date:
.o
CITY OF LODI
A MUNICIPAL CORPORATION
Konradt Bartlam
City Manager
Date:
Jordan Ayers
Deputy City Manager
Date:
Attest:
Randi Johl-Olson
City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
GENERAL SERVICES UNIT
January 1, 2014 - December 31, 2014
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
TABLE OF CONTENTS
PPa e �#
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
Sick Leave
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 XXXIII
Article XXXIV
Union Leave
Layoff
Changes in Memorandum
City Rights
2
13
14
14
14
14
15
15
15
15
15
16
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
Article XXXV
Employee Representation
19
Article XXXVI
Grievance Procedure
21
Article XXXVII
Mutual Consent Contingency
24
Article XXXVIII
No Strikes
24
Article XXXIX
Probationary Period
24
Article XL
Promotion
25
Article XLI
Seniority
25
Article XLII
Shop Stewards
25
Article XLIII
Status
25
Article XLIV
Term
26
Attachment A — Salary Schedule effective 01/01/14
3
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
Chapter 1 - Salaries and Other Compensation
ARTICLE I – SALARY
1.1
Mem U-91-
■
•
92!11;1__1111 ■ �� ��wv RM ���w::.:w w� ��wu w�iffl-
All emDlovees in the bargaininiz unit shall be issued a one-time restoration
payment. The base payment will be $2,300 per AFSCME emplo e ("Base
Pam) distributed as set forth below. The total distribution shall be calculated
as the number of AFSCME employees eligible for the one time payment on the
date of ratification times the $2,300. Employees hired on or after January 1, 2012
shall receive a $1,150 one time payment. Employees hired before January 1,
2012 shall receive $2,300 plus a pro rata share of $1,150 times the number of
people eligible for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU
by resolution by the Lodi City Council.
1 1.2 Fixed fiffletigh days will be in aeeer-danee with Exhibit D Fur -lough Calendan
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, bargaining _group, executive management as a groin
appointees as a _group or City Council (e receives a salary
increase or a one time restoration Davment that is greater than the Base Pavment
of $2,300.00 received by AFSCME per Article 1.1 of this MOU (excluding step
increases or the equivalent), or a higher value medical and/or retirement benefit
(except IBEW retirement) aDplicable to all members of the arouD for the MOU
negotiated (or last/best/final offer imposed) that otherwise expired on November
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
30, 2013 or 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 (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.
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 appropriate rate 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.
5
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
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.
4.3 REST PERIOD
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.
4.54 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.
IN
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on
an on call basis on a weekly basis and shall be compensated $200 per week for
weeks they serve on call.
4.6 Call Out
A. The emDlovees called out shall be Daid at the rate of one and one half
times the straight time rate of pay for time worked on emergency_ _ calls before 12
midnight. Time worked between 12 midnight and 6:00 am, or in excess of twelve
(12) consecutive hours between midnight and 12 midnight on any ivg en dqy, shall
be paid at double time.
B. The first call -out will be paid at three (3) hours minimum at the
appropriate overtime rate as defined in Article 4.6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time worked at
the appropriate overtime rate as defined in Article 4.6(A) of this Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 4.6(A of this Agreement.
D. Phone calls lastiniz less than ten (10) minutes. that do not reauire
substantive work to be performed, will be paid one (1) hour at the appropriate
overtime rate as defined in Article 4.6(A) of this Agreement. Calls lasting longer
than ten (10) minutes will receive the standard three (3) hour minimum at the
appropriate overtime rate as defined in Article 4.6(A) of this Agreement and anX
additional hours worked as defined in Article 4.6(C) of this Agreement.
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
7
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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 job 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. The uniform allowance shall be paid quarterly as part
of the last bi-weekly payroll in the months of March, June, September, and December.
(exeept to Senior- Storekeeper-)!
• Administrative Clerk — Community Improvement
• Animal Services Supervisor
• Assistant Animal Services Officer
•_
• Code Enforcement Officer
• Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
• Supervising Code/Community Improvement Officer
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
A. The Field Services Representative and the Field Services Supervisor shall
be provided with uniforms that meet the requirements for flame retardant
clothing. Uniforms provided by the City shall include a jacket, pants, and shirts,
and appropriate rain gear. Jackets shall be replaced as needed. Uniform service,
including rental and cleaning of one uniform (shirts and pants) per work day, will
be provided to the Field Services Representative and the Field Services
Supervisor.
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.
7.3 The Cityagrees to provide prescription safety glasses up to a maximum cost of
$251.00 per pair as required. A maximum of two pair of prescription safetX
glasses will be provided by the City during employment except as indicated in 7.5
and 7.6 below.
7.4 All prescription safety glasses shall be purchased or serviced within the City of
Lodi. Employees shall have their choice of any local optometrist. The employee
shall pay directly to the optometrist any fees for prescription examination or
related charges. The employee shall submit receipts for frames and lenses to the
City of Lodi for reimbursement.
7.5 Prior to issuance of a replacement pair of prescription safetyglasses for payment
by the City, the employee shall discuss with and receive approval from the
immediate supervisor and department head. The criteria for issuance of a
replacement pair of safety glasses are as follows:
1. If safety glasses are damaged due to an accident on the job, the safety
glasses will be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the
total amount for replacement.
3. If an employeequires a change of prescription for safety glasses, the
employee must submit a written statement from the eye doctor stating that
the prescription change is necessary.
4. If safety glasses are unsafe due to normal wear and tear, the Cites
Uprove a replacement pair as specified above.
7.6 The following conditions on the part of any applicable employee shall berog unds
for the cost of the employee's issued safety glasses to be deducted from the
employees payroll check after a determination of cost has been made by the City.
1. Where the City would be required to replace issued safely glasses due to
abuse by the employ
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
2. Failure on the part of an applicable employee to wear or utilize safety
glasses unless agreed to in writing_
3. Failure on the part of an applicable employee to return issued safety
glasses, regardless of condition, upon separation from City service.
7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
7.8 When an employee's personal clothing is damaged in the line of duty, the
employeey request to have the item replaced or repaired at the Ci . 's expense.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. The City shall have the sole discretion to approve or deny the request, and
its denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the
repair identified in the employees claim.
d. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damaged item
to the Cil. for inspection.
e. All requests for reimbursement shall be accompanied b.. receipts.
7.9 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing glasses.,
a. Requests shall be submitted to the Department Director and shall be
accompanied by an g�planation of the event(s) that led to the damage.
b. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
the amount reimbursed to the employ. eeby the amount paid by the
insurance provider.
Example:
Cost of Eyewear/Repair $150.00
Insurance Pays $100.00
Reimbursed to employee $ 50.00
d. All requests for reimbursement shall be accompanied b.. receipts.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
ARTICLE VIII — SAFETY/SAFETY BOOT PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $2050, paid
^"—semi-annually as -part of the last biweekly payroll in the months of
J-1ine, September- and Deeembef- falls April and October of each year, for the
following classifications:
Building Inspector I/II
Community Improvement Officer I/II
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
Records Clerk
Animal Services Supervisor
Assistant Animal Services Officer
Parking Enforcement Assistant
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.
8.2.1 EmDlovees who are assigned to a Lodi Police Department iob site. or are
supervised by Lodi Police Department personnel, and who are required to wear a
uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi
Police Department Policy and Procedure Section 210.1C mandate. This includes
Upropriate foot wear for Class B and Class A uniforms.
8_3 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
additionally may be sttbjeet to diseiplinafy aetion.
8.4 Employees who are required to wear specific boots or shoes per any City of Lodi
Polilcy and Procedures mandate, must wear the appropriate footwear when
performing the duties/tasks of the assigned classification.
8.5 Employees performing duties/tasks without the prescribed appropriate footwear
may b�quired to vacate the job site until such time as they can return wearing
the required footwear for the classification/duties/tasks. Time spent awa. fro
the job site for this purpose shall not be paid City of Lodi time.
ARTICLE IX — EDUCATION INCENTIVES
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
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.
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 any 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
12
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
duty appearance within seventy-two (72) hours after the employee is subpoenaed
or otherwise notified of the required court appearance.
ARTICLE XIII — MILEAGE 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.
Chapter 2 - 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 foster parents
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
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MOU - CITY OF LODI AND AFSCME
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve (4 hours)
Christmas Day
GENERAL SERVICES UNIT
2014
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1St Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday.
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 may be 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:
14
MOU - CITY OF LODI AND AFSCME
Beginning with:
Date of Hire:
6th year
12th year
15thyear
21 st year
22nd year
23rd year
24th year
25th year & over
3.08 hours per pay period
4.62 hours per pay period
5.24 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
GENERAL SERVICES UNIT
2014
19.2 If 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
2014
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 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 PORAC) as of
January 1, 20124. Employees will pay all costs for plans costing more than the
amount paid by City.
20.2 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
begi ffi*gafter January 1,201-34. The baseline will be the January 1 20124 lowest
cost PERS HMO for the employee's family category (Family, $1587.14;
$657.33 for single, $1,314.66 for
Employee +1, $1,709.06 for Family).
20.23 Effective January 1, 20125, the maximum amount the City will pay towards
medical premiums will be reivise f llewsincreased by the lower of three
percent (3%) or the actual cost increase (for the employee's applicable cap) for
employees whose annual base salary, , is less than $40,000.
0
,; ef less, G4y will ine t+m a-melffit Paid
by the lessef of aetual premium inefease or- 6.550%.
16
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Percentage increases shall be based upon the amounts sh,,.,,,, abovepaid by Cijy
($610nn for- sin , $1,220.88 for- Employee 4= 1 a $1,597.14 -fAr- Famly($657.33for
Single, $1,314.66 for Employee +1, $1,709.06 for Family).
20.34 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.
20.5 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 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 XXI - 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 - 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 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.
17
9.551%,
.*.
Percentage increases shall be based upon the amounts sh,,.,,,, abovepaid by Cijy
($610nn for- sin , $1,220.88 for- Employee 4= 1 a $1,597.14 -fAr- Famly($657.33for
Single, $1,314.66 for Employee +1, $1,709.06 for Family).
20.34 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.
20.5 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 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 XXI - 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 - 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 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.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
The City will provide an additional $25,000 of Accidental Death and Dismemberment
insurance for each member in the General Services Unit.
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.
ARTICLE XVI — WORKERS' 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 Workers' 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 employees upon receiving said benefits such paid by
Workers' Compensation shall also receive compensation from the City in an amount that
when added to the Workers' Compensation payment shall equal the employees 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 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 20124 with an
effective date of January 1, 20125. 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. City shall present its plan to AFSCME by
August 1, 2014. AFSCME is not bound to accept Ci y's proposed plan during the term of
this MOU.
ARTICLE XXVIII — DEFERRED COMPENSATION
The City shall match contributions by General Service employees to a deferred
compensation program up to a maximum of 3.0% of the employee's gross salary
MOU - CITY OF LODI AND AFSCME
ARTICLE XXIX — PERS
GENERAL SERVICES UNIT
2014
29.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "classic" employ, e�y PERS:
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).
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 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 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).
£ 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.
lei. Employee shall pay employee share of retirement at 7% effective
December 31, 2013.
29.2
0
employees hired after- the Git-y transitions to 0
plan of 0 ate,memer-srema0
@ 55 r-etir-efneH4 plan.
The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employ. e�y PERS under the Public
Employees Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" full formula retirement benefits Dlus the fo
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_
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies Drior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement.
19
._111111 Am 9111,
0
employees hired after- the Git-y transitions to 0
plan of 0 ate,memer-srema0
@ 55 r-etir-efneH4 plan.
The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employ. e�y PERS under the Public
Employees Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" full formula retirement benefits Dlus the fo
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_
C. Third level of 1959 Survivor Benefit which provides for survivors of a
member who dies Drior to retirement. This benefit is in addition to the
Basic Death Benefit before retirement.
19
MOU — CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
D. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement.
E. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
F. Military Service Credit as Public Service.
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.
I. Employee shall pay employee share of retirement as calculated by PERS
in its annual actuarial valuation.
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 1800 hours 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 subject to the cap shown in Article XX. 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.
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, 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.
20
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
F.X A MPT .F.
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 X30.1.
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
sufficient to 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 2-6430.1 of this Article.
Option #4 — PERS Credit
30.5 Per the California Government Code, employees may receive credit for unused
sick leave. It is agreed that eight (8) hours equals one l) d4Y for purposes of
determining days creditable.
30.6 Employees hired after July 1, 1995 will not have the option of converting sick
leave time into medical insurance premiums or cash as referenced in options 1-3.
The only ption available to these employees is Option #4, PERS credit.
21
IM��.e.sse!esrs��rs
IMM,
I'll
AM
Option #4 — PERS Credit
30.5 Per the California Government Code, employees may receive credit for unused
sick leave. It is agreed that eight (8) hours equals one l) d4Y for purposes of
determining days creditable.
30.6 Employees hired after July 1, 1995 will not have the option of converting sick
leave time into medical insurance premiums or cash as referenced in options 1-3.
The only ption available to these employees is Option #4, PERS credit.
21
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
30.7 Option #4 is available to all represented employees meeting PERS eli ig bility
requirements.
30.8 If an employee opts to utilize the provisions of Option #1, Option #2, or Option
#3, the Cil, will report to PERS they have zero hours of unused sick leave.
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 XXXII — 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
22
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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 Lodi harmless against any
claims made and against any suit instituted against the City of Lodi 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, MEMBERSHIP AND DUES CHECK OFF
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
23
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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 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
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 submitted by 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
Fair Share donations are limited to employees with religious objections.
24
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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:
25
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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 STEP FOUR: 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.
26
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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 joint 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.
27
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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 job 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.
W.
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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.
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 job 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).
29
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
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/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 AFSCME.
The parties agree as follows:
TERM: Covering the period from January 1, 20124 through December 31,
201-34
30
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
ATTACHMENT A
SALARY SCHEDULE - GS
Effective January 1, 2014
Occupation Title
OCC
Step A
Step B
Step C
Step D
Step E
Accounting Clerk
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
3414.27
3584.99
3764.24
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
3193.57
3353.25
3520.91
Building Inspector 1
74
3942.37
4129.79
4336.28
4553.10
4780.75
Building Inspector II
75
4326.45
4542.77
4769.91
5008.41
5258.83
Code Enforcement Officer
107
4120.43
4326.45
4542.77
4769.91
5008.41
Customer Service Representative 1
354
2576.81
2705.65
2840.93
2982.97
3132.12
Customer Service Representative II
353
2834.48
2976.20
3125.01
3281.26
3445.33
Engineering Technician 1
157
3970.52
4169.04
4377.49
4596.37
4826.19
Engineering Technician II
159
4367.57
4585.94
4815.24
5056.00
5308.80
Field Services Representative
36
3504.16
3679.37
3863.34
4056.51
4259.33
Field Services Supervisor
35
4033.72
4235.41
4447.18
4669.53
4903.01
Finance Technician
355
3429.72
3601.21
3781.27
3970.34
4168.85
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
Library Assistant
228
2695.14
2829.89
2971.39
3119.96
3275.95
Meter Reader
267
3188.71
3348.14
3515.55
3691.33
3875.89
Network Technician
426
4671.51
4905.09
5150.34
5407.86
5678.26
Parking Enforcement Assistant
288
2918.97
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
Program Coordinator
286
2999.32
3149.28
3306.74
3472.08
3645.69
Public Works Inspector 1
320
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
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
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 11
428
5130.82
5387.36
5656.73
5939.57
6236.55
31
MOU - CITY OF LODI AND AFSCME
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Nancy Vinson
Chief Negotiator
Date:
GENERAL SERVICES UNIT
2014
CITY OF LODI
A MUNICIPAL CORPORATION
Konradt Bartlam
City Manager
Date:
Sherry Moroz Jordan Ayers
President Deputy City Manager
Date: Date:
Linda Tremble
Vice President
Date: Attest:
Donnie Sanford
Vice President
Date:
Brian Longpre
M&O Representative
Date:
Kari Chadwick
GS Representative
Date:
Sandy Smith
Treasurer
Date:
32
Randi Johl-Olson
City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer
1. AA#
2. JV#
6E'QESTADJASTMEtTOAPPf2OPRIATIONASLSTEDBE
TO:
Internal Services Dept. - Budget Division
BUS. UNIT#
3. FROM:
liordan Ayers
15. DATE: 1/15/14
4. DEPARTMENT/DIVISION:
A.
SOURCE OF
6E'QESTADJASTMEtTOAPPf2OPRIATIONASLSTEDBE
FUND #
BUS. UNIT#
ACCOUNT#
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
100
3205
Fund Balance
$
285,272.00
160 3205 Fund Balance $
45,968.00
FINANCING
170
3205
Fund Balance
$
157,034.00
180 3205 Fund Balance $
12,566.00
210
3205
Fund Balance
$
6,956.00
210 4210 Operating Transfers In $
25,300.00
260 3205 Fund Balance $
21,896.00
321 3205 Fund Balance $
35,965.00
340
3205
Fund Balance
$
28,740.00
347
3205
Fund Balance
$
43,472.00
347 4210 Operating Transfers In $
36,800.00
1250
3205
Fund Balance
$
10,000.00
B.
USE OF
FINANCING
100
100241
7101
Regular employee salaries
$
223,172.00
160 160601 7101 Regular employee salaries $
45,968.00
170 170401 7101 Regular employee salaries $
157,034.00
180
180451
7101
Regular employee salaries
$
12,566.00
210 210801 7101 Regular employee salaries $
32,256.00
260 260561 7101 Regular employee salaries $
21,896.00
321
3215011
7101
Regular employee salaries
$
35,965.00
340
340450
7101
Regular employee salaries
$
28,740.00
347
347001
7101
Regular employee salaries
$
80,272.00
1250 125053 7101 Regular employee salaries $
10,000.00
100
4220
Operating Transfers Out
$
62,100.00
iTE'QIESlS I9D,EfOUNDif�EOL1=`OYNtNGQROJECT_ tOTINCL�JDEDEIt� THEyCURtZENT,BU,D,GET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Appropriation increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 1/15/14 Res No: Attach copy of resolution to this form.
Department Head Signature: r
Submit completed form to the Budget Division with any required documentation.
RESOLUTION NO. 2014-09
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
2014 MEMORANDUM OF UNDERSTANDING
WITH THE LODI CITY MID -MANAGEMENT ASSOCIATION AND
FURTHER APPROPRIATING FUNDS
WHEREAS, representatives from the City of Lodi and the Lodi City Mid -
Management Association have bargained in good faith for the purpose of approving the
2014 Memorandum of Understanding (MOU); and
WHEREAS, it is recommended that Council approve the attached 2014 MOU
(Exhibit A) with the Lodi City Mid -Management Association, including the following:
• Base one-time payment of $2,300;
• Increase to the January 2014 Medical Cap (as defined in detail below):
• An ability to cash out an additional 20 hours of administrative leave, and
changes to retirement provisions necessary to comply with the Pension
Reform legislation.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Memorandum of Understanding (Exhibit A) between the City
of Lodi and the Lodi City Mid -Management Association, including the one-time
amendments as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
I hereby certify that Resolution No. 2014-09 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
biGH L-OLSON
City Clerk
2014-09
Current
Pro osked,'' _Werence`':
Single
$610.44
$657.33
$46.80
Employee + 1
$1,220.88
$1,314.66
$93.76
Family
$1,587.14
$1,709.06
$121.92
• An ability to cash out an additional 20 hours of administrative leave, and
changes to retirement provisions necessary to comply with the Pension
Reform legislation.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Memorandum of Understanding (Exhibit A) between the City
of Lodi and the Lodi City Mid -Management Association, including the one-time
amendments as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
I hereby certify that Resolution No. 2014-09 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
biGH L-OLSON
City Clerk
2014-09
1. AA#
2. JV#
i oaf a{
k Y1 . Lei 9
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. if you need more space, use an additional sheet and attach to this form.
Appropriation increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including Increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
if Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 1/15/14 Res No: Attach co of resolution to this form.
Department Head Signature:
Ii -W V _ � ...Ai5 RAS
ud et Division with an uired documentation.
Submit completed form to the B g Y req
`FUND#
i00
BUS. UNIT# ACCOUNT#
3205
ACCOUNT TITLE
Fund Balance
$
AMOUNT
285,272.00
A
SOURCE OF
FINANCING
160
3205
Fund Balance
$
45 968.00
170 3205 Fund Balance $
180 3205 Fund Balance $
2103205 Fund Balance $
157,034.00
12,566.00
6,956.00
210
260
3213205
4210
3205
Operating Transfers in
Fund Balance
Fund Balance
$
$
$
25,300.00
21,896.00
35,965.00
340 3205 Fund Balance $
28,740.00
347 3205 Fund Balance $
43,472.00
347 4210 operating Transfers In $
361800.00
1250
3205
Fund Balance
$
10,000.00
B.
100
100241
7101
Regular employee salaries
$
223,172.00
USE OF
FINANCING
160
160601
7101
Re ular em to ee salaries
$
45,968.00
170 170401 7101 Regular employee salaries $
157,034.00
180 180451 7101 Regular emto eesalaries $
12,566.00
210 210801 7101 Re ular em to ee salaries $
32,256.00
260 260561 7101 Regular em to ee salaries $
21,896.00
321
3215011
7101
Reqular em to ee salaries
$
35,965.00
340 340450 7101 Regular employee salaries $
28,740.00
347
347001
7101
Regular em to ee salaries
$
80,272.00
1250
125053
7101
Regular employee salaries
$
10,000.00
100
4220
O eratin Transfers Out
$
62,100.00
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. if you need more space, use an additional sheet and attach to this form.
Appropriation increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including Increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
if Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 1/15/14 Res No: Attach co of resolution to this form.
Department Head Signature:
Ii -W V _ � ...Ai5 RAS
ud et Division with an uired documentation.
Submit completed form to the B g Y req
5
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF LODI
FEW
LODI CITY MID -MANAGEMENT ASSOCIATION
JANUARY 19 2014 - DECEMBER 319 2014
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
MID MANAGEMENT
ASSISTANT ENGINEER
ASSISTANT ENGINEER/PLANS EXAMINER
ASSISTANT PLANNER
ASSOCIATE CIVIL ENGINEER
ASSOCIATE PLANNER
BUILDING OFFICIAL
CHIEF WATER PLANT OPERATOR
COMMUNITY CENTER MANAGER
COMPLIANCE ENGINEER
CONSTRUCTION PROJECT MANAGER
DEPUTY PUBLIC WORKS DIRECTOR — CITY ENGINEER
DEPUTY PUBLIC WORKS DIRECTOR — UTILITIES
ELECTRIC SUPERINTENDENT
ELECTRIC UTILITY RATE ANALYST
INFORMATION SYSTEMS MANAGER
LIBRARIAN I/II
LITERACY/VOLUNTEER MANAGER
MANAGEMENT ANALYST
MANAGER, ENGINEERING & OPERATIONS
NEIGHBORHOOD SERVICES MANAGER
NETWORK ADMINISTRATOR
PARK SUPERINTENDENT
RATES & RESOURCES MANAGER
RECREATION MANAGER
RECREATION SUPERINTENDENT
SENIOR CIVIL ENGINEER
SENIOR PLANNER
SENIOR POWER ENGINEER
SENIOR PROGRAMMER/ ANALYST
SUPERVISING ACCOUNTANT
TRANSPORTATION MANAGER/ SR. TRAFFIC ENGINEER
UTILITY SUPERINTENDENT
WASTEWATER PLANT SUPERINTENDENT
Page i
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
TABLE OF CONTENTS
ARTICLEI - SALARY AND TERM.......................................................................................................... l
A RTTf T F TT - nPF.R ATOR D-5 INCENTIVE............................................................................................ I
ARTICLE III - DEFERRED COMPENSATION........................................................................................1
ARTICLE IV - FLEXIBLE SPENDING ACCOUNT.................................................................................
2
ARTICLEV - CHIROPRACTIC.................................................................................................................
2
ARTICLEVI — OVERTIME........................................................................................................................
2
ARTICLEVII - RETIREMENT...................................................................................................................3
ARTICLEVIII - VACATION LEAVE........................................................................................................3
ARTICLEIX - ADMINISTRATIVE LEAVE.............................................................................................4
ARTICLEX — HOLIDAYS.........................................................................................................................
4
ARTICLEXI - SICK LEAVE......................................................................................................................5
ARTICLEXII - SICK LEAVE CONVERSION..........................................................................................6
ARTICLEXIII — MEDICAL INSURANCE...........................................................................I....................
7
ARTICLEXIV - DENTAL INSURANCE..................................................................................................7
ARTICLEXV - VISION INSURANCE......................................................................................................
8
ARTICLEXVI - LIFE INSURANCE..........................................................................................................
8
ARTICLE XVII - LONG-TERM DISABILITY INSURANCE..................................................................
8
ARTICLE XVIII - LEAVES AND LEAVES OF ABSENCE.....................................................................8
ARTICLE XIX — TUITION REIMBURSEMENT.....................................................
I.............................. 10
ARTICLEXX — PROBATION..................................................................................................................
12
ARTICLEXXI - PERSONAL LIABILITY...............................................................................................
12
ARTICLE XXII - GRIEVANCE PROCEDURE.......................................................................................
13
ARTICLE XXIII - DISCIPLINARY PROCEDURE & PROCEEDINGS .................................................
14
ARTICLEXXI V — CITY RIGHTS............................................................................................................
18
ARTICLE XXV — EMPLOYEE REPRESENTATION.............................................................................
18
ARTICLEXXVI — SEVERABILITY........................................................................................................
19
ATTACHMENT A — SALARY SCHEDULE.......................................................................20
Page ii
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-201
ARTICLE I - SALARY AND TERM
1.1 If any City bargaining unit, bargaining group, executive management as a group,
appointees as a group or City Council receives a salary increase, or a one time restoration
payment that is greater than the Base Payment of $2,300 received by LCMMA per
Article 1.5 of this MOU (excluding step increases or the equivalent) or a higher value
medical and/or retirement benefit (except IBEW EMPLOYEE SHARE OF retirement
and IBEW MEDICAL CAP IMPLEMENTATION) applicable to all members of the
group for the MOU negotiated (or last best and final offer imposed) that otherwise
expired on November 30, 2013 or December 31, 2013, or by resolution adopted by
council, this unit will receive the same benefit.
1.2 Salary shall be as noted in Attachment A.
1.3 Employees designated by the Department Head and approved by the City Manager who
have passed a bilingual proficiency examination administered by the City shall receive a
monthly bilingual supplement of $150.00. The City Manager has the discretion in
determining eligible languages.
1.4 The terms and conditions of this MOU shall continue in effect until such time as they are
superseded by a signed agreement/MOU between the City of Lodi and the LCMMA or
by other means permitted by the Meyers Milias Brown Act. The term of the MOU shall
be January 1, 2014 through December 31, 2014.
Negotiations will commence no later than October 31, 2014.
1.5 City shall provide a one-time payment of $2,300 to each member of this bargaining unit
who is employed by the City on the date of approval of this MOU by the City Council.
Payment will be made in a lump sum manner along with a regularly scheduled pay check
within two pay periods of the approval of this MOU by the City Council.
ARTICLE II - OPERATOR D-5 INCENTIVE
2.1 The City agrees to provide the Utility Superintendent an incentive of $40.00 per month in
recognition of his possession of Water Distribution Operator, Grade D-5 certificate. This
incentive is limited to employees hired prior to February 2, 2012.
ARTICLE III - DEFERRED COMPENSATION
3.1 Employees may participate in the City's Deferred Compensation Plan.
3.2 . City matches up to a maximum of 3.0% of base salary.
Page 1
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
ARTICLE IV - FLEXIBLE SPENDING ACCOUNT
4.1 Employees shall have the option of participating in the Flexible Spending Account
(Section 125 Plan). Employees may elect to participate in:
a) Premium Conversion
b) Non -reimbursed Health Care
c) Dependent Care Reimbursement
4.2 Elections for the calendar year will be made each December, or if a change in family
status occurs. Money deposited into the Plan will be forfeited as required by the plan and
or applicable law.
ARTICLE V - CHIROPRACTIC
5.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan.
ARTICLE VI — OVERTIME
6.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the
overtime requirements of the Fair Labor Standards Act (FLSA), the following special
provisions for the payment of overtime will apply. Employees shall be compensated for
overtime at the time and one-half rate for time worked due to emergencies. Emergencies
shall be determined by the appropriate department head and include but are not limited to
such events as:
• Major storm damage requiring the dispatching of additional crews;
• The necessity to cover scheduled shifts;
• Direct supervision of crews assigned to work during normal days off to accommodate
the public:
• Break down of equipment and/or systems requiring the presence of the mid -manager
in order to restore service.
6.2 Overtime pay shall not be paid for the following:
• Staff meetings
• Special projects
• Conferences and seminars - except as noted below
• Appearances before City Council and commissions,
• Public information presentations,
• Activities involved with the completion of normal activities or programs such as
budgets, inventory, annual financial closings, labor negotiations, and recreation
programs.
Page 2
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2014-2014
6.3 All overtime must be approved by the department head. Any deviations from these
guidelines must be approved in advance by the department head and the City Manager.
6.4 Upon promotion into a Mid -Management position all previously accrued compensatory
time must be paid or used prior to the promotion.
ARTICLE VII - RETIREMENT
7.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Employees shall receive the following retirement benefits for employees deemed
to be "classic" employees by PERS:
Miscellaneous 2% @ 55 plan
• 1957 Survivors Benefit
• 1959 (Plus 25%) Survivors Benefit
• Ordinary disability vested at 30% at 5 years increasing 1% per year to maximum
of 50%
• 50% survivors continuation
• Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Employee shall pay the full employee share of retirement costs as calculated by PERS
(7%) in its annual actuarial valuation
7.2 Employees shall receive the following retirement benefits for employees deemed to be
"new" employees under the Public Employee's Pension Reform Act of 2013 (PEPRA):
Miscellaneous 2% @ 62 plan
• 1957 Survivors Benefit
• 1959 (Plus 25%) Survivors Benefit
• Ordinary disability vested at 30% at 5 years increasing 1% per year to maximum of
50%
• 50% survivors continuation
• Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Employee shall pay the full employee share of retirement costs as calculated by PERS
in its annual actuarial valuation
ARTICLE VIII - VACATION LEAVE
8.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
Page 3
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION —MOT 2014-2014
15th year 6.16 hours per pay period
21st year 6.47 hours per pay period
22nd year 6.78 hours per pay period
23rd year 7.09 hours per pay period
24th year 7.40 hours per pay period
25th year 7.71 hours per pay period
8.2 Employees hired after July 1, 1994 shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
15th year/above 6.16 hours per pay period
8.3 Employees promoting into a Mid -Management position will follow the vacation schedule
referenced in articles 8. 1, or 8.2, depending on their initial employment with the City of
Lodi.
8.4 Vacation leave shall be used in increments of not less than quarter hours. Vacation may
not be carried over to the subsequent year in excess of the amount earned in two calendar
years unless authorized by the City Manager.
ARTICLE IX - ADMINISTRATIVE LEAVE
9.1 Employees will be given eighty (80) hours of administrative leave per calendar year.
Balances must be used prior to December 30 or they will be lost.
9.2 New employees or employees becoming eligible due to a promotion receive
administrative leave on a prorated basis, with six point six seven (6.67) hours granted for
each full calendar month remaining in the calendar year with a maximum of 80 hours.
9.3 Employees separating mid -year will receive a cash payout for unused Administrative
Leave on a prorated basis in accordance with 9.2.
9.4 Employees are eligible to cash out up to sixty (60) hours of their current Administrative
Leave balance in any calendar year except in the months of May and June. A request to
cash out Administrative Leave must be in writing and submitted to the Finance Division.
ARTICLE X — HOLIDAYS
10.1 All employees shall receive 36 floating hours and the following nine and one half fixed
holidays:
• New Year's Day January 1
• Martin Luther King Jr. Day 3,a Monday in January
• President's Day 3rd Monday in February
Page 4
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-201
• Memorial Day Last Monday in May
• Independence Day July 4
• Labor Day 1 st Monday in September
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving Day Friday after Thanksgiving Day
• Christmas Eve (half working day) December 24
• Christmas Day December 25
10.2 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.
10.3 Electric Utility Mid -Management employees shall receive 45 floating hours and the
following eight and one-half fixed holidays:
• New Year's Day January 1
• Martin Luther King Jr. Day 3rd Monday in January
• Memorial Day Last Monday in May
• Independence Day July 4
• Labor Day I st Monday in September
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving Day Friday after Thanksgiving Day
• Christmas Eve (half working day) December 24
• Christmas Day December 25
10. 4 Holiday hours may not be carried into the following calendar year.
10.5 If hired or separated mid -year, employee shall be credited or debited with floating hours
per the following schedule:
Four Floating Holidays:
Month Hired or Separated Hours Added Hours Subtracted
Jan Feb March 36 27
April May June 27 18
July Aug Sept 18 9
Oct Nov Dec 9 0
ARTICLE XI - SICK LEAVE
11.1 Sick Leave is earned at the rate of 3.70 hours per pay period with no limit on the amount
that can be accumulated. Sick leave shall be taken in increments of not less than quarter
hours.
Page 5
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
ARTICLE XII - SICK LEAVE CONVERSION
12.1 Employees 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 for the employee and, if applicable, his/her dependents, subject to
the cap shown in Article XIII. Fifty percent of that dollar amount will be placed into a
"bank" to be used for medical insurance premiums 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.
Employees may also use their banks money to purchase Dental, Vision, and/or
Chiropractic Insurance at the current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days. The
City shall pay one month's premium for employee and dependents for each day after
conversion. For each year of employment in excess of 10 years, 2.5% shall be added to
the 50% before conversion. The amount of premium paid shall be the same as the
premium paid by the City at the time of retirement, subject to the cap in Article XIII. Any
differences created by an increase in premiums must be paid for by the employee.
OPTION #3 - "Cash -Out"
A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the
rate of 30% of base pay per hour.
OPTION #4 — "Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for Cal
PERS retirement purposes.
12.2 Employees hired after July 1, 1994 will not have the option of converting unused sick
leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The
only option available to these employees is OPTION #4 "PERS SERVICE CREDIT".
12.3 In the event an active employee dies before retirement and that employee is vested in the
Sick Leave Conversion program (10 years) the surviving dependents have an interest in
one-half (1/2) the value of the bank as calculated in Section 12.1.
12.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave
Conversion program to purchase medical insurance at the employee only premium for the
same period as if the retiree had not died.
Page 6
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
12.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the
option of purchasing at the prevailing rate additional medical insurance for an unlimited
amount of time.
12.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 12.1; Option #2.
12.7 Only one City of Lodi employee may carry dependent coverage for another City
employee, therefore, upon retirement the employee may re -enroll as an individual into the
health plan in order to take advantage of the Sick Leave Conversion program.
12.8 A retiree or surviving dependent may purchase dental, vision, and/or Chiropractic
insurance at the City group rate through the Sick Leave Conversion Bank option.
ARTICLE XIII — MEDICAL INSURANCE
13.1 All employees are offered medical insurance for themselves and dependents through Cal
PERS-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 Porac) as of January 1 2014. 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 or $532.92 for employee + 1 dependent will be added to either the
employee's deferred compensation account or cash. A single employee who can show
proof of group insurance will be eligible for this provision at the rate of $305.22. In order
to qualify for this provision, proof of group insurance must be provided to the City.
Employees will pay all medical costs in excess of the cap reference above.
13.2 Only one City of Lodi employee may carry dependent coverage for another City
employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by
the City of Lodi on a quarterly basis.
13.3 The City intends to propose a Cafeteria -based benefit program in 2014 with an effective
date of January 1, 2015. 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.
ARTICLE XIV - DENTAL INSURANCE
14.1 Employees are provided fully paid family dental insurance.
14.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per
calendar year. There is a $25 deductible plus co-insurance features.
Page 7
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
ARTICLE XV - VISION INSURANCE
15.1 Employees are provided with family vision care insurance through Vision Service Plan.
Services and amount of coverage are outlined in the VSP Summary of Benefits.
ARTICLE XVI - LIFE INSURANCE
16.1 Employees are provided with a life insurance program providing for 2 times the annual
salary to a maximum of $250,000. The amount of insurance to reduce to 65% after the
70th birthday but before the 75th birthday. The amount of life insurance after the 751h
birthday is reduced to 50%. In addition, a spouse will be covered for $1,500. Dependent
children between the ages of birth through the 20th birthday will be covered for $1,500.
ARTICLE XVII - LONG-TERM DISABILITY INSURANCE
17.1 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.
ARTICLE XVIII - LEAVES AND LEAVES OF ABSENCE
18.1 A leave of absence may be granted for a specified period of time (not to exceed one year)
with or without pay, for an employee to be absent from duty for a specified purpose. No
such leave shall be granted except upon written request of the employee, setting forth the
reason for the request and the duration of such leave.
The granting of a leave of absence provides the employee the right to return to the same
position or a position similar to the one vacated.
Requests for leave of absences for medical reasons must be accompanied by the
appropriate health care practitioner's documentation.
A leave of absence shall not constitute a break in service for purposes of the City of
Lodi's service award, nor shall it impair an employee's status as a regular full-time
employee. An employee returning to employment after a leave of absence shall retain the
same status and shall be placed at the same salary step in the pay range in effect for the
class as the employee received when the leave of absence commenced.
Employees shall not be entitled to a leave of absence as a matter of right (except as
provided by Federal or State law), but only upon the determination of the City that it is in
the best interest of public service and that there is a presumption that the employee
intends to return to work upon the expiration of the leave of absence. Failure on the part
of the employee on leave to report promptly at its expiration, or at a reasonable time after
notice to return to duty, shall be considered abandonment of position.
Page 8
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
The approval of a leave of absence is subject, but not limited to a number of
considerations such as length of employment, performance record, reasons for the leave
of absence, the effect of the absence on the department, and duration of the leave of
absence.
P.E.R.S. contributions will continue to be made as long as an employee continues to
receive compensation from his/her accumulated leave balances. The amount of the
contributions will vary according to the amount of compensation being received from the
accumulated leave balances.
While an employee is on a leave of absence, he/she may receive compensation from
his/her accumulated leave balances in accordance with applicable City policies. The
amount of compensation received from these balances determines the employee's pay
status.
18.2 An employee is on pay status when they are receiving compensation from his/her
accumulated leave balances. To be eligible for City benefits, a regular, full-time
employee must be on pay status at the rate equivalent to hours worked in at least one half
of a pay period. The only exception to this condition pertains to the receipt of
compensation from accumulated leave balances while receiving Workers' Compensation
payments. Such employee must use all his/her accumulated leave balances until
exhausted.
18.3 A leave of absence with pay is when an employee is considered to be in a pay status. An
employee in a pay status will continue to receive all benefits including leave accruals.
18.4 A leave of absence without pay is determined as such when an employee is no longer in a
pay status or has exhausted all accumulated leave balances (according to applicable City
policies).
A leave of absence without pay shall constitute a break in service for the purposes of
determining benefit eligibility, performance evaluation and subsequent merit increase
eligibility time frames if the employee is not on pay status at the rate equivalent to hours
worked in at least one half of a pay period. The length of such leave to the nearest pay
period shall be deducted from service credit.
Failure of an employee to return to his/her employment upon the termination of any leave
of absence may result in the employee being required to reimburse the City for health
insurance premiums paid by the City during the leave. For reasons other than disability,
employees and their dependents may continue their health/medical insurance by paying
the premiums for such time as the employee is in a leave without pay status.
All employees granted a leave of absence without pay may have his/her personnel action
date extended by the amount of the leave of absence, if such absence is greater than one
pay period
Page 9
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
18.5 All leaves of absence shall be requested in writing by the employee and shall require
written approval by the Department Head. In addition to Department Head approval,
leaves of absence without pay shall be approved by the City Manager. All requests shall
be routed through the Human Resources Division and must include the following
information:
(1) Employee identification information such as employee number, class title, etc.;
(2) Dates of commencement and expiration; and
(3) Reason for absence.
18.6 A Personnel Action Form shall be submitted by the respective department to the Human
Resources Division for all leaves of absence without pay with a duration greater than one
full pay period. The form should be submitted prior to the commencement of such leave
and immediately upon or prior to the employee's return to work.
18.7 All employees must have timesheets/cards submitted to payroll during leaves of absence
indicating the type and amount of accumulated leave balance(s) to be charged. An
employee on a leave of absence without pay should submit his/her timesheet/card
indicating such status.
ARTICLE XIX — TUITION REIMBURSEMENT
19.1 Participation is limited to full-time regular employees of the City of Lodi.
19.2 City shall reimburse employees the cost of tuition and books (including software) upon
the satisfactory completion of jab related coursework.
Employees must maintain continuous service from the date a course begins to the date of
its completion.
Employees shall not be eligible for reimbursement when a course is paid for by another
source.
1) Employees shall receive up to a maximum of $3,000 per fiscal year (including
books and software), to be paid upon the satisfactory completion of course work.
A fiscal year is the period between July 1 and June 30; the final date of class shall
determine the fiscal year in which that course falls. You cannot request reimbursement
for a course in a fiscal year that the course did not end. For example: if you complete a
class in June, but not request reimbursement until August, funds for your reimbursement
would be derived from the previous fiscal year.
Page 10
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-201
Course work must be part of a program of study towards obtaining an Associate of Arts,
Bachelor's, or any higher degree. The college or university must be accredited from one
of the eight regional accredited associations listed below:
• Middle States Association of Colleges and Schools Middle States Commission on
Higher Education
• New England Association of Schools and Colleges Commission on Institutions of
Higher Education
• New England Association of Schools and Colleges Commission on Technical and
Career Institutions
• North Central Association of Colleges and Schools The Higher Learning Commission
• Northwest Commission on Colleges and Universities
• Southern Association of Colleges and Schools Commission on Colleges
• Western Association of Schools and Colleges, Accrediting Commission for
Community and Junior Colleges
• Western Association of Schools and Colleges, Accrediting Commission for Senior
Colleges and Universities
19.3 Courses should pertain to an employee's career field, thus enhancing his/her career
advancement opportunities and job skills. Courses related to an employee's job duties and
responsibilities must exceed the educational level required to qualify for the employee's
current classification.
19.4 Prior to enrollment in a course, the employee shall submit an application for participation
in this program to his/her Department Head.
The Department Head shall review the application and determine eligibility according to
the Tuition Reimbursement policy and the appropriate memorandum of understanding. If
the application is denied, a letter shall be sent by the Department Head to the employee
explaining why it has been disapproved. If the application is approved, the Department
Head shall sign the application and return it to the employee, who shall be responsible to
retain it until the course is completed.
Upon completion of the course of instruction, the employee shall submit to the
Department Head evidence of satisfactory completion (grade of "C" or equivalent or
better). For ungraded courses, a statement from the school or the instructor must indicate
successful completion of the course. This shall be accomplished within 60 calendar days
of the completion of the course. In the event that such cannot be furnished within this
time period, the employee shall provide a written statement explaining the reason for the
delay.
The Department Head shall then authorize payment of the appropriate reimbursement.
The completed application, receipts, and evidence of grade shall be forwarded to Human
Resources for approval. Once approved by Human Resources the packet will be
Page 11
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-201
forwarded to the Finance Division and a reimbursement check shall be issued to the
employee.
19.5 Participation in courses must not be during regular work hours and must not result in
reducing either the normal work week of the employee or the quality and quantity of
his/her services to the City; except that the City may grant time off for attendance at
courses during working hours if the course is given at no other times and if such time off
does not disturb normal City operations. The best interests of the City shall at all times be
the determining factor in the consideration of such time off.
Employees must complete courses within the regulation period of time allowed for them
by the school or professional organization.
Participation in this program is to be considered a privilege rather than a right of the
employee.
The City reserves the right to disapprove reimbursement for courses if the course
requested is available at a substantially lower cost at a local school or college.
ARTICLE XX — PROBATION
20.1 Employees have a probationary period of one year. During probation, new hires have the
same rights and privileges as regular employees, except that:
• City and employee may mutually agree to an extension of the probationary period up
to six additional months.
• Termination cannot be grieved.
New hires and promotional appointments shall be eligible for a merit increase at the
completion of probation.
ARTICLE XXI - PERSONAL LIABILITY
21.1 Employees shall be indemnified and held harmless by the City against all costs, legal
expenses, and liability arising out of decisions made in their capacity for the City of Lodi
and/or from any cause of action for property damage, or damages for personal injury,
including death, sustained by person(s) as a result of a decision made in their capacity,
except that:
A. The City is not required to but may provide for the defense of an action or
proceeding brought against an employee or former employee if the City
determines that:
1. The act or 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
Page 12
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
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 apparent best interests of the City.
3. Payment of the claim of judgment would be in the best interests of the
City.
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
A. Interpretation or application of any of the terms of this agreement, including
Exhibits thereto, Letter of Agreement, and formal interpretations and
clarifications executed by the Association and City.
B. Disputes as to whether a matter is proper subject for the Grievance Procedure.
C. Disputes which may be of a "class action" nature filed on behalf of the
Association or the City.
22.2 Class action Grievances shall be submitted in writing from the LCMMA's President to
the City Manager or vice versa.
22.3 STEP ONE
Discussion between the employee, the Association Representative and the Department
Head, who will answer within fifteen work days. This step shall be taken within thirty
days of the date of the action complained of, or the date the grievant became aware of the
incident which is the basis of the grievance.
22.4 STEP TWO
If a grievance is not resolved in Step One, Step Two shall be the presentation of the
grievance, in writing, by the Association Representative to the City Manager, who shall
answer, in writing, within fifteen work days of receipt of the grievance. The City
Manager's decision shall be final and binding. Step Two shall be taken within fifteen
work days of the date of the answer in Step One.
Page 13
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-201A
ARTICLE XXIII - DISCIPLINARY PROCEDURE & PROCEEDINGS
23.1 In order to establish employee standards of conduct and work performance that are
consistent with the efficient and effective delivery of public services, this section outlines
those circumstances under which disciplinary action may be required.
23.2 The following may be causes for disciplinary action including, but not limited to, written
reprimand, demotion, suspension, or discharge of any employee. The purpose of
specifying these causes is to alert employees to the more common types of disciplinary
issues. However, this list is not all inclusive and there may arise instances of
unacceptable behavior not included in this list.
A. Improper or unauthorized use or abuse of sick leave.
B. Inability to maintain regular and consistent attendance, which prevents the
reasonable availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work, leaving
assigned work without authorization; failure to report to work after a leave of
absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of any City rule or policy.
E. Insubordination.
F. Acceptance of gifts or gratuities in connection with or relating to the employee's
duties.
G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge
of a felony or any offense involving moral turpitude is deemed to be a conviction.
H. Fraud or the submission of false information related to employment application,
payroll, or any work-related record or report.
I. Soliciting outside work for personal gain during the conduct of City business;
engaging in outside employment for any business under contract with the City; or
participating in any outside employment that adversely affects the employee's
City work performance; or conducting personal business on City time.
J. Discourteous treatment of the public or City employees or disorderly conduct on
City property or on City business; for example, fighting, using profanity,
intimidation, or abusive and threatening language.
K. Conduct that interferes with the reasonable management, operation and discipline
of the City or any of its departments or divisions or failure to cooperate with
superiors or fellow employees.
Page 14
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
L. Engaging in political activities while on duty, in uniform or using the authority
associated with City employment.
M. Violation or neglect of safety rules or practices.
N. Behavior, either during or outside duty hours, which is of such a nature that it
causes discredit to the City or one of its operating practices.
O. Refusal or inability to improve job performance in accordance with written or
verbal direction after a reasonable trial period.
P. Inefficiency, incompetence, or negligence in the performance of duties, including
failure to perform or complete assigned tasks or training in a prompt competent
and reasonable manner.
Q. Refusal to accept and carry out reasonable and proper assignment from an
authorized supervisor.
R. Intoxication, incapacity or possession or use of controlled substances or alcohol
on City property and/or at the worksite.
S. Failure to obtain or maintain possession of the minimum qualifications for the
position.
T. Careless, negligent, or improper use of City property, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
U. Unauthorized release or use of confidential information or official records.
V. Participation in an illegal strike, work stoppage, slowdown, or other job action
against the City.
W. Inability to perform the duties of his/her job.
X. Dishonesty.
Y. Possession of firearms on the job (except for law enforcement personnel).
Z. Sleeping on the job.
AA. Theft.
BB. Retaliation for actions protected by law.
CC. Failure to report loss of or damage caused to City equipment and/or facilities for
which the employee was responsible.
DD. Threats of violence against City employees and/or City property.
Page 15
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2014-2014
EE. Violation of the Fair Political Practices Act.
23.3 PERSONS WHO MAY TAKE DISCIPLINARY ACTION. The City Manager or any
Department Director or designee may take disciplinary action against an employee.
23.4 CONSIDERATIONS IN THE DETERMINATION OF TYPE OF DISCIPLINARY
ACTION. Where appropriate, the City practices a progressive disciplinary process. The
considerations used in determining the_ type of disciplinary action shall be considered on
a case-by-case basis. Such considerations shall include, but not be limited to: the
employee's work history and performance record; the nature and severity of the
infraction; aggravating and mitigating circumstances associated with the offense; and any
extenuating factors.
23.5 TYPES OF DISCIPLINARY ACTION. The types of disciplinary action that may be
taken shall include but not be limited to oral reprimand, written reprimand, demotion,
suspension, reduction in pay and dismissal.
23.6 NOTICE OF DISCIPLINARY ACTION. Those disciplinary actions beyond an oral
reprimand shall be in writing and include the following:
A. The causes/reasons for the disciplinary action, which may include the
performance expectations, rules, regulations or policies that have been violated.
B. The effective date(s) of the disciplinary action.
C. Any rights of appeal.
23.7 APPEAL OF DISCIPLINARY ACTION. An employee shall have the right to appeal any
disciplinary action through the appropriate chain of command. The appeal process shall
be composed of the following steps:
A. An appeal shall be submitted in writing to the person who proposed and enacted
the discipline within fifteen (15) business days of the date of notification for
disciplinary action.
B. The person who proposed and enacted the discipline shall respond in writing
within fifteen (15) business days of the date of receipt of the employee's appeal.
C. If resolution is not achieved at that level, the employee may submit an appeal in
writing to the Department Director within fifteen (15) business days of the date of
the supervisor's response.
D. The Department Director shall respond in writing within fifteen (15) business
days of the date of receipt of the appeal.
E. If resolution is not achieved with the Department Director, the employee may
submit an appeal in writing to the City Manager within fifteen (15) business days
of the date of the Department Director's response.
Page 16
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2014-2014
F. The City Manager shall respond in writing within fifteen (15) business days of the
date of receipt of the appeal.
G. If resolution is not achieved with the City Manager, the employee may submit a
request in writing to the City Clerk for the Personnel Board of Review to hear a
review of the case within fifteen (15) business days of the date of the City
Manager's response.
H. A hearing by the Personnel Board of Review shall be scheduled within fifteen
(15) business days of the date of receipt of the request by the City Clerk. The
hearing by the Board shall be a public hearing, unless the employee desires a
closed hearing.
I. The Personnel Board of Review shall have the ability to rule on the factual basis
of the offense and the severity of the punishment
J. The Personnel Board of Review shall submit a statement of opinion to the
employee, City Manager, and the employee's Department Director in writing
within fifteen (15) business days of the hearing. The decision of the Board shall
be advisory to the City Manager.
K. Final Notice of Disciplinary Action: Following review of the Personnel Board of
Review's recommendation and the determination by the City Manager, the City Manager
shall prepare a Final Notice of Disciplinary Action, advising the employee of the action
to be taken and the employee's appeal rights. The Final Notice of Disciplinary Action
shall be provided to the employee in writing within 15 days of receipt of the Personnel
Board of Review's Statement of Opinion. The City Manager shall file a copy of the Final
Notice of Disciplinary Action with the Human Resources Manager. The Final Notice of
Disciplinary Action shall be delivered personally to the employee or shall be sent by
registered or certified mail.
L. Failure, by either party to respond in a timely manner would result in judgment
for the opposing party.
23.8 Judicial review of any decision rendered under this section shall be governed by Code of
Civil Procedure section 1094.5
23.9 For employees covered by the requirements of California Government Code Section
3300 et. seq., the appeal procedures in this section shall be deemed to comply with And
fully satisfy the right to an administrative appeal under Government Code section 3304.
23.10 FLSA Exempt Employees: With respect to employees in classification deemed exempt
from the overtime requirements of the Fair Labor Standards Act ("FLSA") disciplinary
suspensions pursuant to this policy shall be administered in accordance with the salary
basis test under the FLSA's governing regulations.
Page 17
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-2014
ARTICLE XXIV — CITY RIGHTS
24.1 It is further understood and agreed between the parties that nothing contained in this
MOU shall be construed to waive or reduce any rights of the City, which include but are
not limited to, the exclusive rights to:
• Determine the mission of its constituent departments, commissions, and boards
• Set standards of service
• Determine the procedures and standards of selection for employment
• Direct its employees
• Maintain the efficiency of governmental operations
• Determine the methods, means, and personnel by which government operations are
conducted
• Take all necessary actions to carry out its mission in emergencies
• Exercise complete control and discretion and the technology of performing its work.
City Rights also include the right to determine the procedures and standards of selection
for promotion, to relieve employees from duty because of lack of work or other
legitimate reasons, to make and enforce standards of conduct and discipline, and to
determine the content of job classifications; provides, however, that nothing herein may
be read to extend the term of the MOU nor to supplement negotiations as a means for
arriving at terms for a successor MOU.
ARTICLE XXV — EMPLOYEE REPRESENTATION
25.1 This Memorandum of Understanding (MOU) is entered into between representatives of
the City of Lodi (City) and representatives of the Lodi Mid -Management Association
(LCMMA).
The parties hereto acknowledge and agree that this MOU constitutes the result of meeting
and conferring in good faith as contemplated by Section 3500 et seq., of the Government
Code of the State of California, and further acknowledge and agree that all matters upon
which the parties reached agreement are set forth herein.
Both parties each certify without reservation that an adequate opportunity has been
afforded its bargaining representatives to propose and vigorously advocate all negotiable
subject matter during the course of collective bargaining preparatory to signing this
agreement. The City will meet and confer before changing a policy or rule that is subject
to meet and confer under the Meyers-Milias-Brown Act (MMBA).
The terms and conditions of this MOU shall continue in effect during the term of this
MOU.
The City and the LCMMA agree and understand that if any section of the MOU conflicts
with any ambiguity will policy manual or rules for personnel administration) is
controlling. State and Federal laws will be adhered to). The terms and conditions of
Page 18
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION — MOU 2014-201A
employment stated in other authorities, such as personnel rules, administrative policy and
procedure, city resolutions, or city ordinances, etc. be resolved in favor of the MOU
language. If the MOU is silent on any issue, the applicable document (i.e. policy manual
or rules for personnel administration) is controlling. State and Federal laws will be
adhered to.
The City agrees to recognize LCMMA representatives for the purpose of representing
members of the LCMMA on all matters relating to the administration of this MOU, and
upon the request of an employee, on adverse actions and other matters which may be or
are on appeal in accordance with the discipline article of this MOU.
ARTICLE XXVI — SEVERABILITY
26.1 In the event that any provision of this MOU is found by a court of competent jurisdiction
to be invalid, all other provisions shall be severable and shall continue in full force and
effect.
Page 19
CITY OF LODI AND LODI CITY MID MANAGEMENT ASSOCIATION - MOU 2014-2014
ATTACHMENT A
Mid -Management Positions
Occupation Title
OCC
Step A
Step B
Step C
Step D
Step E
Assistant Engineer
51
5284.75
5548.99
5826.44
6117.76
6423.64
Assistant Engineer/Plans Examiner
52
5284.75
5548.99
5826.44
6117.76
6423.64
Assistant Planner
56
4312.81
4528.45
4754.87
4992.61
5242.24
Associate Civil Engineer
66
5813.22
6103.88
6409.07
6729.53
7066.00
Associate Planner
68
4744.09
4981.30
5230.36
5491.88
5766.47
Building Official
87
6885.38
7229.59
7591.09
7970.59
8369.18
Chief Water Plant Operator
363
5009.46
5259.93
5522.93
5799.07
6089.03
Community Center Manager
11
4897.43
5142.30
5399.42
5669.39
5952.85
Compliance Engineer
65
5813.22
6103.88
6409.07
6729.53
7066.00
Construction Project Manager
442
5299.02
5563.97
5842.16
6134.28
6440.99
Deputy Public Works Director -City Engineer
46
9065.32
9518.58
9994.49
10494.24
11012.40
Deputy Public Works Director- Utilities
47
9065.321
9518.58
9994.49
10494.24
11012.40
Electric Superintendent
173
8227.03
8638.38
9070.30
9523.81
10000.00
Electric Utility Rate Analyst
418
6012.43
6313.13
6628.75
6960.15
7308.23
Information Systems Manager
15
6774.18
7112.89
7468.54
7841.96
8234.06
Librarian 1
220
4107.43
4312.80
4528.44
4754.86
4992.61
Librarian II
222
4518.18
4744.09
4981.29
5230.36
5491.87
Literacy/Volunteer Manager
229
3624.41
3805.63
3995.92
4194.49
4405.49
Management Analyst
438
4776.43
5015.25
5265.96
5529.36
5805.78
Manager, Engineering & Operations
63
9461.08
9934.13
10430.84
10952.38
11500.00
Neighborhood Services Manager
158
6887.27
7231.54
7593.17
7972.82
8371:47
Network Administrator
122
5891.81
6186.37
6495.64
6820.41
7161.47
Park Superintendent
285
5911.63
6207.21
6517.57
6843.45
7185.62
Rates and Resources Manager
167
8227.03
8638.38
9070.30
9523.81
10000.00
Recreation Manager
334
4452.161
4674.80
4908.59
5154.01
5411.68
Recreation Superintendent
338
4897.42
5142.30
5399.41
5669.38
5952.85
Senior Civil Engineer
155
6558.36
6886.48
7230.74
7592.48
7971.70
Senior Planner
209
5777.98
6066.91
6370.20
6688.77
7023.19
Senior Power Engineer
1491
7356.09
7723.79
8109.36
8515.05
8940.86
Senior Programmer/Analyst
134
5355.35
5623.09
5904.20
6199.40
6509.41
Supervising Accountant
342
5647.31
5929.671
6226.16
6537.47
6864.34
Transportation Manager/Sr. Traffic Engineer
43
6559.00
6887.15
7231.44
7593.20
7972.46
Utility Superintendent
384
6495.98
6820.78
7161.81
7519.90
7895.90
Wastewater Plant Superintendent
3851
6120.87
6426.83
6748.22
7085.64
7439.90
Page 20
CITY OF LODI AND LODI CITY MID -MANAGEMENT ASSOCIATION — MOU 2014-2014
CITY OF LODI,
a Municipal corporation
KONRADT BARTLAM
City Manager
Date:
JORDAN AYERS
Deputy City Manager
Date:
Attest:
RANDI JOHL-OLSON
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
Page 21
LODI CITY MID -MANAGEMENT ASSN.
GARY WIMAN
President
Date:
JULIA TYACK
Secretary
Date:
RESOLUTION NO. 2014-10
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
ADJUSTMENTS TO EXECUTIVE MANAGEMENT STATEMENT OF
BENEFITS AND BENEFIT MODIFICATIONS FOR CONFIDENTIAL
EMPLOYEES AND FURTHER APPROPRIATING FUNDS
WHEREAS, it is recommended that Council approve the adjustments to
Executive Management Statement of Benefits, excluding Council Appointees (Deputy
City Manager, Electric Utility Director, Fire Chief, Library Director, Parks, Recreation and
Cultural Services Director, Police Chief, and Public Works Director), and approve benefit
modifications for Confidential employees (Mid Managers/General Services) on a one-
time basis as follows:
EXECUTIVE MANAGEMENT:
• Base one-time payment of $2,300;
• Increase to the January 2014 Medical Cap (as defined in detail below):
� �� _�� =C inn kh }�• x�GP:C: as - . � �. � �n
Single $610.44 $657.33 $46.80
Employee + 1 $1,220.88 $1,314.66 $93.76
Family $1,587.14 $1,709.06 $121.92
• An ability to cash out an additional 20 hours of administrative leave, and
changes to retirement provisions necessary to comply with the Pension
Reform legislation.
CONFIDENTIAL EMPLOYEES (Mid Managers):
• Base one-time payment of $2,300;
• Increase to the January 2014 Medical Cap (as defined in detail below):
Single M1 $610.44 $657.33 $46.80
Employee + 1 $1,220.88 $1,314.66 $93.76
Family $1,587.14 $1,709.06 $121.92
• An ability to cash out an additional 20 hours of administrative leave, and
changes to retirement provisions necessary to comply with the Pension
Reform legislation.
CONFIDENTIAL (General Services):
• Base one-time payment of $2,300 (employees with less than two years of
service shall receive payment of $1,150 per employee and the other half
shall be redistributed among members with over two years of service);
• Increase to the January 2014 Medical Cap (as defined in detail below):
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the adjustments to Executive Management Statement of Benefits, excluding
Council Appointees (Deputy City Manager, Electric Utility Director, Fire Chief, Library
Director, Parks, Recreation and Cultural Services Director, Police Chief, and Public
Works Director), and approve benefit modifications for Confidential employees (Mid
Managers/General Services) on a one-time basis as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
I hereby certify that Resolution No. 2014-10 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — Non;&HL-OLSON
City Clerk
2014-10
Single
$610.44
$657.33
$46.80
Employee + 1
$1,220.88
$1,314.66
$93.76
Family
$1,587.14
$1,709.06
$121.92
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the adjustments to Executive Management Statement of Benefits, excluding
Council Appointees (Deputy City Manager, Electric Utility Director, Fire Chief, Library
Director, Parks, Recreation and Cultural Services Director, Police Chief, and Public
Works Director), and approve benefit modifications for Confidential employees (Mid
Managers/General Services) on a one-time basis as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
I hereby certify that Resolution No. 2014-10 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — Non;&HL-OLSON
City Clerk
2014-10
1. AA#
2. JV#
AR
•
P• a. Q' S NP ..+. oi= "QeT I O 0- . GL; DED J� �. • Uf;., E'jtT @ DG.F
_ �. n.R_ _. _....
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. if you need more space, use an additional sheet and attach to this form.
Appropriation Increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 1/15114 Res No: Attach coof resolution to this form.
Department Head Signature:
0r�Es
Submit completed form to the Budget Division with any required documentation.
FUND # _
.
BUS. UNIT# ACCOUNT# ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
100
3205
Fund Balance
$
285,272.00
160 3205 ' Fund Balance $
45 968.00
170 3205 Fund Balance $
157,034.00
180
3205
Fund Balance
$
12,566.00
210
3205
Fund Balance
$
6,956.00
210
4210
Operating Transfers in
$
25 300.00
260 3205 Fund Balance $
___21,896.00
321 3205 Fund Balance $
35,965.00
340 3205 Fund Balance S
28,740.00
347 3205 Fund Balance $
43,472.00
347
4210
operating Transfers In
$
36,800.00
1250 3205 Fund Balance $
10,000.00
B,
USE OF
FINANCING
100
100241
7101
Regular employee salaries
$
223,172.00
160 160601 7101 Regular employee salaries $
45,968.00
170 170401 7101 Regular employee salaries $
157,034.00
180
180451
7101
Regular emto eesalaries
$
12,566.00
210
210801
7101
Regular employee salaries
$
32,256.00
260
260561
7101
Regular employee salaries
$
21,896.00
321
3215011
7101
Regular emi to ee salaries
$
35,965.00
340 340450 7101 Regular em to ee salarles $
28,740.00
347
347001
7101
Regular employee salaries
$
80,272.00
1250
125053
7101
Regular employee salaries
$
101000.00
100
4220
operating Transfers Out
$
62,100.00
P• a. Q' S NP ..+. oi= "QeT I O 0- . GL; DED J� �. • Uf;., E'jtT @ DG.F
_ �. n.R_ _. _....
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. if you need more space, use an additional sheet and attach to this form.
Appropriation Increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 1/15114 Res No: Attach coof resolution to this form.
Department Head Signature:
0r�Es
Submit completed form to the Budget Division with any required documentation.
RESOLUTION NO. 2014-11
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
2014 MEMORANDUM OF UNDERSTANDING WITH AFSCME
(MAINTENANCE AND OPERATORS AND GENERAL SERVICES
UNITS) AND FURTHER APPROPRIATING FUNDS
WHEREAS, representatives from the City of Lodi and AFSCME (Maintenance
and Operators and General Services Units) have bargained in good faith for the purpose
of approving the 2014 Memorandum of Understanding (MOU); and
WHEREAS, it is recommended that Council approve the attached 2014 MOUs
(Exhibits A and B) with AFSCME (Maintenance and Operators and General Services
Unit), including the following:
• Base one-time payment of $2,300 (employees with less than two years of
service shall receive payment of $1,150 per employee and the other half
shall be redistributed among members with over two years of service);
• Increase to the January 2014 Medical Cap (as defined in detail below):
• Revisions to Standby Pay, Tools and Uniforms, and other changes as
reflected in Exhibits A and B.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Memorandum of Understanding (Exhibits A and B) between
the City of Lodi and AFSCME (Maintenance and Operators and General Services Unit),
including the one-time amendments as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
I hereby certify that Resolution No. 2014-11 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RA L-OLSON
City Clerk
2014-11
Single
$610.44
$657.33
$46.80
Employee + 1
$1,220.88
$1,314.66
$93.76
Family
$1,587.14
$1,709.06
$121.92
• Revisions to Standby Pay, Tools and Uniforms, and other changes as
reflected in Exhibits A and B.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Memorandum of Understanding (Exhibits A and B) between
the City of Lodi and AFSCME (Maintenance and Operators and General Services Unit),
including the one-time amendments as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: January 15, 2014
I hereby certify that Resolution No. 2014-11 was passed and adopted by the Lodi
City Council in a regular meeting held January 15, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — Nakanishi
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RA L-OLSON
City Clerk
2014-11
1, AA#
2. JV#
Y V G� 1F
°T,
provide a description of the project, the total cost of the project, as well as justification for the
ed adjustment. If you need more space, use an additional sheet and attach to this form.
Appropriation increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including Increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
tl has authorized the appropriation adjustment, complete the following:
Date: 1/15114 Resp o: _n� Attach cop(of resolution to this form.
Department Head Signature:
Submit completed form to the Budget Division with any required documentation.
FUND#
BUS. UNIT#
ACCOUNT#
ACCOUNT TITLE
AMOUNT
A
SOURCE OF
FINANCING
100
3205
Fund Balance
$
285,272.00
160 3205 Fund Balance $
45 968.00
170 3205 Fund Balance $
457,034.00
180 3205 Fund Balance $
12,566.00
P10
3205
Fund Balance
$
61956-00
210
4210
Operating Transfers In
$
25 300.00
260 3205 Fund Balance $
21,896.00
321 3205 Fund Balance $
35,965.00
340 3205 Fund Balance $
28,740.00
347
3205
Fund Balance
$
43 472.00
347 4210 operating Transfers In $
36,800.00
1250 3205 Fund Balance $
10,000.00
B.
USE OF
FINANCING
100
100241
7101
Regular employee salaries
$
223,172.00
160 160601 7101 Re ular em to ee salaries $
45,968.00
170 170401 7101 Regular em to ee salaries $
157,034.00
180 180451 7101 Regular em to ee salaries $
12,566.00
210 210801 7101 Regular em to ee salaries $
32,256.00
260
260561
7101
Re ular em to ee salaries
$
21,896.00
321 3215011 7101 Regular employee salaries $
35,965.00
7101
Re ular em to ee salaries
$
28,740.00
347001
7101
Re ularem to eesalaries
$
80,272.00
125053 7101 Re ular em to ee salaries $10,000.00
P340340450
4220
operating Transfers Out
$
62,100.00
provide a description of the project, the total cost of the project, as well as justification for the
ed adjustment. If you need more space, use an additional sheet and attach to this form.
Appropriation increases associated with MOU/Statement of Benefit adjustments for AFSCME-General Services, AFSCME-
Maintenance & Operators, Mid -Management, Confidential General Services, Confidential Mid -Management and Executive
approved by Council on January 15, 2014; including Increases to Operating Transfers for PRCS and Library to fund one-time
payment amount for staff supported by General Fund transfers
tl has authorized the appropriation adjustment, complete the following:
Date: 1/15114 Resp o: _n� Attach cop(of resolution to this form.
Department Head Signature:
Submit completed form to the Budget Division with any required documentation.
ET�lT A]
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
:�
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1, 2014 - December 31, 2014
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
TABLE OF CONTENTS
CHAPTER I — 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
8
Article X
Safety/Safety Boot Provisions
11
Article XI
Class A License
11
Article XII
Education Incentives
11
Article XIII
Bilingual Pay
12
Article XIV
Tuition Reimbursement
12
Article XV
Court Appearances
12
Article XVI
Mileage Compensation
13
CHAPTER 2 — LEAVES
Article XVII
Catastrophic Leave
13
Article XVIII
Bereavement Leave
13
Article XIX
Holidays
14
Article XX
Leaves of Absence
14
Article XXI
Sick Leave
15
Article XXII
Vacation Leave
15
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
Article XXIII
Medical Insurance
16
Article XXIV
Dental Insurance
17
Article XXV
Vision Insurance
17
Article XXVI
Chiropractic Insurance
17
Article XXVII
Life Insurance
17
Article XXVIII
Long Term Disability
17
Article XIX
Workers' Compensation
17
Article XXX
Flexible Spending Account
18
Article XXXI
Deferred Compensation Plan
18
Article XXXII
PERS
18
Article XXXIII
Sick Leave Conversion
19
2
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CHAPTER 4 — UNION / CITY ISSUES
Article XXXIV
Union Leave
21
Article XXXV
Demotion And Layoff
21
Article XXXVI
Changes in Memorandum
21
Article XXXV II
City Rights
22
Article XXXVIII
Employee. Representation
22
Article XXXIX
Grievance Procedure
25
Article XL
Mutual Consent Contingency
28
Article XLI
No Strikes
28
Article XLII
Probationary Period
28
Article XLIII
Promotion
28
Article XLIV
Seniority
29
Article XLV
Shop Stewards
29
Article XLVI
Status
29
Article XLVII
Term
30
Exhibit A — Salary Schedule effective 03/21/2012
Exhibit B — Salary 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
2014
Chapter 1— Salaries and Other Compensation
ARTICLE I — SALARY
1.1 All employees in the bargaining unit shall be issued a one-time restoration payment.
The base payment will be $2,300 per AFSCME employee ("Base Payment")
distributed as set forth below. The total distribution shall be calculated as the
number of AFSCME employees eligible for the one time payment on the date of
ratification times the $2,300. Employees hired on or after January 1, 2012 shall
receive a $1,150 one time payment. Employees hired before January 1, 2012 shall
receive $2,300 plus a pro rata share of $1,150 times the number of people eligible
for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU by
resolution by the Lodi City Council.
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, bargaining group, executive management as a group,
appointees as a group or City Council receives a salary increase or a one time
restoration payment that is greater than the Base Payment of $2,300.00 received by
AFSCME per Article 1.1 of this MOU (excluding step increases or the equivalent),
or a higher value medical and/or retirement benefit (except IBEW retirement)
applicable to all members of the group for the MOU negotiated (or last/best/final
offer imposed) that otherwise expired on November 30, 2013 or 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.
1.4 In the event that the modifications to the incentive structure in the 2013 MOU
(rolling incentives into the salary for new hires) impede recruitment and retention,
the parties agree to meet and confer in good faith to resolve the impediment.
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.
11
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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
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 a.m.
d. 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 proposed change in
the work days or work hours 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 appropriate rate of 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 (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 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
5
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
between the hours of 12 midnight and 6:00 a.m., and any work performed on
holidays.
Hours worked on a holiday, as part 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
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. On 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 (1 ``/z) hours
immediately following quitting time, or if any employee is called in more than two
no
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
(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, 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 job 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
6.1 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 — SHIFT DIFFERENTIAL
7.1 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 12 Noon to 10 pm. Shift
assignments shall be made by the City at its sole discretion consistent with this
MOU.
ARTICLE VIII — STANDBY PAY — CALL -OUT PAY
8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit
shall be eligible for standby pay as noted below:
%I
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
receive compensation of three (3) hours of straight pay when said
employees are in standby status.
B. Standby Pay: All Wastewater Plant Operators and Water Plant Operators
shall receive compensation at straight time pay when said employees are in
standby status, as shown below.
On work days 3 hours
On non -work days 4 hours
On observed holidays 8 hours
8.2 CALL -OUT: All employees in the Maintenance and Operators Bargaining Unit
shall be paid call -out pay as follows:
A. In addition to the "Standby Duty Pay" (above) the employees on standby
shall be paid at the rate of one and one half times the straight time rate of
pay for time worked on emergency calls before 12 midnight. Time worked
between 12 midnight and 6:00 am, or in excess of twelve (12) consecutive
hours between 12 midnight and 12 midnight on any given day, shall be paid
at double time.
B. The first call -out will be paid at three (3) hours minimum at the appropriate
overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent
calls on the same calendar day will be paid for actual time worked at the
appropriate overtime rate as defined in Article 8.2(A) of this Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 8.2(A) of this Agreement.
D. Phone calls lasting less than ten (10) minutes, that do not require substantive
work to be performed, will be paid one (1) hour at the appropriate over time
rate as defined in Article 8.2(A) of this Agreement. Calls lasting longer
than ten (10) minutes will receive the standard three (3) hour minimum at
the appropriate overtime rate as defined in Article 8.2(A) of this Agreement
and pay for any additional hours worked as defined in Article 8.2(C) of this
Agreement.
ARTICLE IX — TOOLS AND UNIFORM ALLOWANCE
9.1 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
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker I/II/III
Street Supervisor
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Heavy Equipment Mechanic
Maintenance Worker I & II
Park Maintenance Worker I /II/III
Park Supervisor
Chief Wastewater Plant Operator
Sr. Facilities Maintenance Worker
Sr. Storekeeper
W/WWMaintenanceWorker I/II/III
W/WW Supervisor
W/WW Plant Operator UII/III
Water Plant Operator UII/III
Welder -Mechanic
9.2 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
Water Plant Operator 1/II/III
9.3 Smocks as needed, but no more than 3, are provided to Laboratory Technician UII.
9.4 The City agrees to provide prescription safety glasses up to a maximum cost of
$251.00 per pair as required. A maximum of two pair of prescription safety glasses
will be provided by the City during employment except as indicated in 9.6 and 9.7
below.
9.5 All prescription safety glasses shall be purchased or serviced within the City of
Lodi. Employees shall have their choice of any local optometrist. The employee
shall pay directly to the optometrist any fees for prescription examination or related
charges. The employee shall submit receipts for the frames and lenses to the City
for reimbursement.
9.6 Prior to issuance of a replacement pair of prescription safety glasses for payment by
the City, the employee shall discuss with and receive approval from the immediate
supervisor and department head. The criteria for issuance of a replacement pair of
safety glasses are as follows:
1. If safety glasses are damaged due to an accident on the job, the safety
glasses will be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the
total amount for replacement.
3. If an employee requires a change of prescription for safety glasses, the
employee must submit a written statement from the eye doctor stating that
the prescription change is necessary.
4. If safety glasses are unsafe due to normal wear and tear, the City shall
approve a replacement pair as specified above.
0
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
9.7 The following conditions on the part of any applicable employee shall be grounds
for the cost of the employee's issued safety glasses to be deducted from the
employees payroll check after a determination of cost has been made by the City_
1. Where the city would be required to replace issued safety glasses due to
abuse by the employee.
2. Failure on the part of an applicable employee to wear or utilize safety
glasses unless agreed to in writing.
3. Failure on the part of an applicable employee to return issued safety glasses,
regardless of condition, upon separation from City service.
9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
9.9 Employees who are not required to wear a uniform, whose personal clothing is
damaged in the line of duty, may request to have the item replaced or repaired at the
City's expense.
A. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
B. The City shall have the sole discretion to approve or deny the request and its
denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the repair
identified in the employees claim.
D. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damagd item for
inspection.
E. All requests for reimbursement shall be accompanied by receipts.
9.10 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing the glasses.
A. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
B. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
the amount reimbursed to the employee by the amount paid by the insurance
provider.
Example:
Cost of Eyewear/Repair $150.00
Insurance Pays $100.00
Reimbursed to employee $ 50.00
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 $250, paid semi-annually as
part of the last biweekly payroll in the months ofApril and October of each year, for
all classifications in this unit.
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.
10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance
to purchase water resistant shoes.
ARTICLE XI - CLASS A LICENSE
11.1 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 XII — EDUCATION INCENTIVES
12.1 The City shall make available incentive pay as shown in Exhibit C & 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 successfully passing the test procedures.
12.3 The City agrees to pay $20.00 per 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.
11
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as
outlined in Exhibit D.
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 D 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 March 21,
2012.
ARTICLE XIII — BILINGUAL PAY
13.1 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
14.1 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.
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
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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-two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
ARTICLE XVI — MILEAGE COMPENSATON
16.1 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.
Chapter 2 - Leaves
ARTICLE XVII — 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
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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
January 1
3`d Monday in January
3`a Monday in February
Last Monday in May
July 4
1" Monday in September
4"' Thursday in November
Friday following Thanksgiving Day
December 24
December 25
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
20.1 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
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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 may be accumulated up 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 LEAVE
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
12th year:
5.24 his per pay period
15th year:
6.16 hrs per pay period
21 st year:
6.47 hrs per pay period
22nd year:
6.78 hrs per pay period
23rd year:
7.09 hrs per pay period
24th year:
7.40 hrs per pay period
25th year & over:
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.
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
maximum 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 XXIII — 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 PORAC) as of January 1, 2014.
Employees will pay all costs for plans costing more than the amount paid by City_
23.2 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.
23.3 Employees will pay one hundred percent (100%) of the change in medical costs
beginning January 2014. The baseline will be the January 2014 lowest cost PERS
HMO for the employee's family category ($657.33 for Single, $1,314.66 for
Employee +l, $1709.06 for Family.)
Effective January 1, 2015, the maximum amount the City will pay towards medical
premiums will be increased by the lower of three percent (3%) or the actual cost
increase (for the employee's applicable cap) for employees whose annual base
salary is less than $40,000.
Percentage increases shall be based upon the amounts paid by City ($657.33 for
single, $1,314.66 for Employee + 1 and $$1,709.06 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
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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
25.1 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
26.1 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
27.1 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,
unmarried 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.
ARTICLE XXIX — WORKER'S COMPENSATION
29.1 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' Compensation payment shall
equal his or her regular salary. The amount paid by the City shall, after the period
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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 2014 with an
effective date of January 1, 2015. 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. City shall present its plan to
AFSCME by August 1, 2014. AFSCME is not bound to accept City's proposed
plan during the term of this MOU.
ARTICLE XXXI — DEFERRED COMPENSATION PLAN
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 General Service employees to a deferred
compensation program up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXII — PERS
32.1 The City agrees to provide the following PERS retirement program and to pay the
employers cost for employees deemed to be "classic" employees by PERS:
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)
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
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 Section 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).
g. Final retirement compensation based on the average monthly pay during the
highest 36 consecutive months of service.
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h. 50% survivor continuation in the event of death after retirement.
i. Employee shall pay employee share of retirement at 7% effective December 31,
2013.
32.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under the
Public Employee Pension Reform Act of 2013 (PEPRA):
A. PERS "2% at 62" full formula retirement benefits plus the following
additional options:
B. The increased ordinary disability benefits which provide under PERS a 3 O%
benefit after five years of service increasing to a maximum 50% benefit.
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 Benefit before retirement.
D. Post-retirement Survivor Allowance which provides a surviving spouse with
an allowance upon the event of death after retirement.
E. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
F. Military Service Credit as Public Service.
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.
I. Employee shall pay employee share of retirement as calculated by PERS in
its annual actuarial valuation.
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:
Option #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 %2% to the 50% before converting
the unused sick leave to months of insurance.
EXAMPLE:
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ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 1800 HOURS
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 subject to the cap shown in Article XXIII.
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.
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, 2 Y2% 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 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 33.1.
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 33.1 of this Article.
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Option#4 — PERS CREDIT
33.5 Per California Government Code, employees may receive credit for unused sick
leave. It is agreed that eight (8) hours equals one (1) day for purposes of
determining days creditable.
33.6 Employees hired after July 1, 1995 will not have the option of converting sick leave
time into medical insurance premiums or cash as referenced in options 1-3. The
only option available to these employees is Option #4, PERS credit.
33.7 Option #4 is available to all represented employees meeting PERS eligibility
requirements.
33.8 If an employee opts to utilize the provisions of Option #l, Option #2, or Option 43,
the City will report to PERS they have zero hours of unused sick leave.
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
36.1 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.
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ARTICLE XXXVII — CITY RIGHTS
37.1 'It is further understood and agreed between the parties that nothing contained in this
MOU shall be construed to waive or reduce any rights of the City, which include
but are not limited to the exclusive rights to:
• Determine the mission of its constituent departments, commissions, and
boards; 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.
• 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.
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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
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. 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
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.
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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 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 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)
• Fair Share donations to the United Way Campaign
• Fair 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 subject to 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 affiliations, 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
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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 Ior
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.
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.
39.3 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.
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
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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 STEP FOUR: 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
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 a joint letter, the parties may submit separate letters.
Wei
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20 14
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 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.
27
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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
40.1 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
41.1 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 job 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
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
43.1 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.
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
ARTICLE XLIV — SENIORITY
44.1 Seniority is defined as the total length of continuous service with the C ity.
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
45.1 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 job
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.
ARTICLE XLVI — STATUS
46.1 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, 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
29
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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 full time position (at least 32 hours per week). Temporary
employees shall attain regular status after being employed for twelve (12)
continuous months.
ARTICLE XLVII --TERM
47.1 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, 2014 to
December 31, 2014.
30
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
201
CLASSIFICATION PLAN
Maintenance Operators
Employees hired before 3/21/12
EXHIBIT A
Oc�upatipn; Tifle
QCC S'tep3i
Sp BterG.
Step D
Step E
Building Services Coordinator
85 3674.67
3858.40
4051.32
4253.89
4466.59
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
Laboratory Technician 1
212 3304.12
3469.33
3642.80
3824.94
4016.18
Laboratory Technician II
213 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 1
252 2893.11
3037.84
3189.68
3349.15
3516.76
Maintenance Worker II
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 Maintenance Worker 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
Senior Facilities Maintenance Worker
430 3771.02
73 3674.67
3959.50
3858.40
4157.37
4051.32
4365.17
4253.89
4583.44
4466.59
Senior Storekeeper
77 3426.06
3597.36
3777.23
3966.09
4164.40
Street Maintenance Worker III
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 III
362 4354.36
4572.07
4800.67
5040.71
5292.74
Water Plant Operator II
364 3958.50
4156.43
4364.25
4582.46
4811.58
Water Plant Operator III
365 4354.36
4572.07
4800.67
5040.71
5292.74
Water/Wastewater Maintenance Worker
III
431 3500.47
3675.48
3859.27
4052.23
4254.84
Water/Wastewater Supervisor
429 4770.83
5009.52
5259.78
5522.93
5799.13
Welder - Mechanic
171 3647.63
3830.15
4021.68
1 4222.75
1 4433.87
31
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
CLASSIFICATION PLAN
Maintenance Operators
Employees hired after 3/21/12
EXHIBIT B
Occ patiQn T YIe
OCC,
Sfep. A .
Ste 4g ...
$ e JCA.
Step D ...::
,Step; li
Environmental Compliance Inspector
425A
4181.11
4390.16
4609.67
4840.15
5082.16
Equipment Service Worker
166A
3080.58
3234.61
3396.34
3566.16
3744.47
Heavy Equipment Mechanic
264A
3812.26
4002.88
4203.02
4413.17
4633.83.
Lead Equipment Mechanic
266A
4177.03
4385.88
4605.18
4.835.44
5077.21
Plant & Equipment Mechanic
430A
4094.41
4299.13
4514.09
4739.79
4976.78
Street Maintenance Worker I
256A
2967.29
3115.65
3271.44
3435.01
3606.76
Street Maintenance Worker II
257A
3255.94.
3418.73
3589.67
3769.15
3957.61
Street Maintenance Worker III
258A
3607.42
3787.79
3977.18
4176.04
4384.84
Street Supervisor
381A
4576.80
4805.64
5045.92
5298.22
5563.13
Water/Wastewater Maintenance Worker
1
443A
2992.25
3141.86
3298.96
3463.90
3637.10
Water/Wastewater Maintenance Worker
11
444A
3319.57
3485.55
3659.83
3842.82
4034.96
Water/Wastewater Maintenance Worker
III
431A
3747.43
3934.81
4131.55
4338.12
4555.03
Water/Wastewater Supervisor
429A
5167.48
5425.85
5697.14
5982.00
6281.10
32
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
EXHIBIT C
INCENTIVE PAY SCHEDULE
Minimum Grade Level
1. Industrial Waste Inspector Certification to Earn Incentive
(CWEA-4 Grade Levels)
• Laboratory Technician I & II 1
• Water/ Wastewater Supervisor I
• Chief Wastewater Plant Operator I
• Laboratory Services Supervisor III
• Environmental Compliance Inspector III
Minimum Grade Level
2. Laboratory Analyst Certification to Earn Incentive
(CWEA or AWWA — 4 Grade Levels)
• Laboratory Technician I I
• Laboratory Technician II II
• Wastewater Plant Operator I & II 1
• Environmental Compliance Inspector II
• Chief Wastewater Plant Operator II
• 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 & II 1
• Water/ Wastewater Maintenance Worker I, II, III II
• 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 & Il 1
(Streets or Water/ Wastewater)
• Maintenance Worker III II
(Streets or Water/ Wastewater)
• Plant and Equipment Mechanic II
• Sr. Plant and Equipment Mechanic II
• Street Supervisor, Water/ Wastewater III
Supervisor
33
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
Minimum Grade Level
5. Wastewater Treatment Plant Opr. Certification to Earn Incentive
(CSWRCB — 5 Grade Levels)
• Wastewater Plant Operator I II
• Wastewater Plant Operator II III
• Chief Wastewater Plant Operator IV
Minimum Grade Level
6. Water Distribution Operator Certification
to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer ( Water/ Wastewater)
I
• Maintenance Worker I, II, III
II
(Water/Wastewater)
• Laboratory Services Supervisor
II
• Environmental Compliance Inspector
II
• Plant and Equipment Mechanic
III
• Sr. Plant & Equipment Mechanic
III
• Water/ Wastewater Supervisor
III
Minimum Grade Level
7. Water Treatment Plant Opr. Certification to Earn Incentive
(State of California — 5 Grade Levels)
• Laborer, Maintenance Worker I, II 1
(Water/ Wastewater)
• Maintenance Worker III II
(Water/ Wastewater)
• Laboratory Services Supervisor II
• Environmental Compliance Inspector II
• Plant and Equipment Mechanic III
• Sr. Plant and Equipment Mechanic III
• Water/ Wastewater Supervisor III
8. Qualified Applicators Certificate
(State of California)
• Street Supervisor
• Parks Maintenance Worker III
• Parks Supervisor
• Streets Maintenance Worker I, II, III & Laborer
• Wastewater Plant Operator I
• Senior Facilities Maintenance Worker
34
MOU — CITY OF LODI AND AESCME MAINTENANCE AND OPERATORS UNIT
2014
9. Pest Control Advisor License
(State of California)
• Street Supervisor
• Parks Supervisor
• Laborer
• Parks Maintenance Worker I, II, III
• Street Maintenance Worker I, II, III
Notwithstanding the provisions of Article XII, the amount for the Pest Control Advisor
License incentive will be $50 per month.
35
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
EXHIBIT D
INCENTIVE PAY FOR EQUIPMENT MAINTENANCE EMPLOYEES
Mechanic Qualifications 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 Proficiency 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
Im
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
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 Compressed Natural 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
P-4 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
37
Exhibit E
CITY op LODT
COUNCILL COMMUNICATION
iM
AGENDA TITLE: Adopt Resolution Amending Memorandums of Understanding with
Maintenance and Operators and General Services Bargaining Units of thco
Association of 1_,odi City Employees to Provide Additional Pay for Stater
Required Certifications of Distribution Operators i and 11 (CM)
Ml ETtNG DATE: July 18,2007
C REPARED BY: Deputy City Manager
RECOMMENDED ACTON: Approve Resolution to amend Memorandums cxf
Understanding (MOU) with Maintenance and Operators
and General Services Bargaining units c( The
Association of Lodi City Employees (ALOE) to provide additional pay for State -required
certifications of Distribution Operators I and H.
BACKGROUND INFORMATION: Various employees who work in the Public Workfi
Department Water and Wastewater operations aro
required to have certifications as either a Distribution
Operators I or 11 lever These certifications are required
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 pay level for employees who
are required to obtain certifications was not adjusted at the same time as the requirement for
certifcationwas enacted.
The City of Lodi and members of the Maintenance and Operators and General Service.
bargaining units have met, conferred and tentatively agreed to amend the MOUS to allow for
additional compensation for employees for which the certification requirements apply.
The attached agreements with these bargaining units indicate the terms of these tentative
agreements as follows:
Q 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%.
0 Base pay for the employees as indicated in attachments A and D who are required to
obtain a level two certification will be increased by 4%.
o Any employee in the General Services bargaining unit of ALCE who is required to obtain
a level one certification but obtains a level two certification will receive an $ 60 incentive
pay.
o Any employee in the General Services bargaining unit of ALCE who is required to obtain
a level one certification but obtains a level two certification will receive an additional $ GQ
per month in incentive pay.
APPROVED:.. _f ---
Blair t , City Manager
c:
ur,n li nn Rh
/V-1 UI'91 Gnn7;)1/IA
m Any employee in the Maintenance and Operators bargaining unit of ALCM who is required
to obtain a level one certification but obtains a level two certification will receive acrid
additional 2% incentive pay.
It was tentatively agreed that this would be implemented retroactively to July 1, 2006.
FISCAL. IMPACT., The additional annual expenditurefor both of the amendments to t1he
MOUS totais approximately $50,000 per year.
FUNDING AVAILABLE., The additional casts for certification pay of preparing and mailing tthe
supplemental assessment will be borne by the f=inance and City
Attorney's bpaes
R.. Krueger, Deputy City Manager
Attachment: Attachment A- Amendment to General Services MOU
Attachment 13- Amendment to Maintenance& OperatorsMOU
39
900/ZUU �J
RESOLUTION NO. 2007-134
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AMENDMENT TO MEMORANDUMS OF UNDERSTANDING
WITH THE MAINTENANCEAND OPERATORSAND GENERAL
SERVICES BARGAINING UNITS OF THE ASSOCIATION OF
LODI CITY EMPLOYEES TO PROVIDEADDITIONAL PAY FOR
STATE REQUIRED CERTIFICATIONS OF DISTRIBUTION
OPERATORS i AND II
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an amendment to the Memorandums of Understanding with the Maintenance and
Operators and General Services bargaining units of the Association of Lodi City
Employees to provide additional pay for State required certifications of Distribution
Operators I and II, as shown on Exhibits A and B as attached hereto; and
BE IT FURTHER RESOLVED that the amendment to the Memorandums of
Understanding shall be effectivefor the period July 1, 2006 through June 30, 2008,
Dated: July 18,2007
I hereby certify that Resolution No. 2007-134 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 18, 200'7, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS — Hansen, Katzakian, Mouncs, and
Mayor Johnson
COUNCIL MEMBERS --None
COC;11 OR: MEMBERS -- Hitchcock
COUNCIL MEMBERS— None
4 pz� - ��9
2007-134
City Clerk
,e
Vj 81.:1?1 GOOM.1/LO
s00/f:OO P
Side letter to the Current Maintenance & Operators MOU between the City of Lo an
.AFSCME Council 67, Vocal 7.46, AFL-CIO and its ALCE Chapter .
Whereas, the City received a letter from the State of California dated April 2002 mandating that
employeeswho perl'onn certainwater system related tasks obtain Distribution Operatorl or
Distribution Operator i1 certification Some of these employees are in the AFSCME Bargaining
unit (Maintenance & Operators).
Whereas, A.FSCME Council 57, Local 146, AFL -M ALOE Chapter and the City of Lodi have
resolved the this issue amicably.
Now, Therefore, be it resolved that AFSCME and the City of Lodi agree to the following
adjustment to basepay (MRS reportable),retroactiveto July 1,2006 upon approval of the
AFSCME membership and the City of Lodi:
Employees in the following classifications aasigncd to the water services ('Watcr/WastewateT)
division ofthe Public Works Department shall receive supplemental certification pay as listed
below for the 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%A
Senior Plaint & Equipment
D2
4%
Mechanic
Plant & Equipment Mechanic
D2
4%
VuterlWst+�wsttor Maintenance
D1
Worker M
Maintenance Worker 11
D7.
2q�
Maintenance Worker S
DI
2%
Laboratory Services Supervisor
DS orT14'
2%
Environmental Compliance Inspector
D1 or Ti*
2%
''Per regulation may posses either a treatment: operator certificate or a distribution operator
certificate.
Any current W MV MW 1 employees required to obtain the D1 certification x'M continue to be
employed in his/her current classification. Once lielshe obtains the regji 4certificationhis/har
salary will be adjusted upon verification.
100 41
annlcnnf�i
Any employee, wiio obtains aoertification higher that required, shall have blather pay adjusted In
accordance, with Article TV — Education Incentive of tileMOU except as follows:
Personnel listed above who are required to obtain a A I (Qr- Tl # certificate), who obtain a D2
(pj T20) cortificate shall receive an additional incentive of 2% (instead of $40 as stated in
Article 4, 1),
The City will pay for the training to obtain the certificute for current and future employees per
Article 4,2 of the MO U.
Verification for eurmnt and futaim employees can he by letter froth the State verifying obtainingthe
required certificate or a copy of the certificate upon presentation to the City of Lodi. The lncreaseto
the base pay shall commence on the day the certificate or letter is presented to the City.
The City wi11 modify the respect:ivejob descriptionsto reflect the new requirements for the above
job titles within 60 days to ensure that all new hire employees are aware oftbe requirements.
By their. signature below, ATSCME and the city agree that the resoiu6.011 contained herein resolves
this issue.
AGREED TO BY AFS Wf ,
COUNCIT, 57
Felix Mario 7Huertu Jr,, ,
Mark Ruggiero, Chapter President
141
goo/goo Vi
AGREED TO 13Y THE
CITY OF LODI
.names R. Krueger, Depufy, City Manager
Richard Prima, Public Works Director
42
xVJ o f . t' 4 Gooz 11[1 2.0
Side letter to the Current General Services MOU between the City of Lodi and AFSCME
Council 57, Local 146, A,I+I..--CIO and its ALCE Chapter
Whereas, the City received a letter from the State of California dated April 2002 mandating that
employees who perform certain water system related tasks obtain Distribution Operator 1 or
Distribution Operator U certification. Some ofthese employees are in the AFSCME Bargaining unit
(General Services).
Whereas, APSCME Council 57, Local 146, AFL-CIO ALCE Chapter and the City of Lodi 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), retroactive to July 1,2006 upon approval of the
AFSCME membership and the City of Lodi:
Employees in the following classifications assigned to the Public Works Department shall receive
supplementalcertification pay as listed below for the required certifications:
City of Lodi Public
Works Department Job Title
Public Works lnspector1).
Public Works inspector z
Senior Engineering Technician`
Distribution Operator
Certification. Grade
Required
D1
D!
D2 and T1
Certification Pay
Added to Base Pay
2%
2%
4%
* Applies to one inccnnbent in this classification (Kevin Gaither) who c4rrcntly has these
certifications, but are not required for this classification.
Any current employees required to obtain the D I certification will continue to be employed in
his/her current classification. Once he/she obtains the required certification his/her salarywill be
adjusted upon verification, __........ �_. _.
The City will continue to pay for the training to obtain the certificate for current and future
employees.
Verification fbr o= -eat and future etxaployees can be by Lath froth the State verifyinobtaining the
required certificate or a copy of the certificate upon presentation to The City of Lodi. Cie 11IC=Seto
tic base pay shall commence on the day the Certificate cc letter is presented to the City.
The City will modify the respectivejob descriptions to reflect the new requirements for the above
job titles within 60 days to ensure that. all new hire employees are aware of the mquiroments.
By their signature below, AFSCME and the city agree that Ole resolution contained herein resolves
this issue.
AGREED TO BY AFSCME,
COUNCIL 57
Felix Mario uertq Jr.,
Hark Rugglero, Chapter President
99
ornir.nnf?1
AGREED TO BY THE
CITY 01r, LODL
James R, Krlieger, Deputy, City Manager
Richard Prima, Public Works Director
43
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2012-2013
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Nancy V` son
Chief Ne otiator
Date: 9 - 7- a01-:2-
dkh A I
Sherry Mor
President
Date:_
Linda Tremble
Vice President
Date:I )4�
c�• o}�
Donnie Sanford
Vice President
Date: 3 42-7/1 2-
%�-�4LAba-
Terri Lovell
MO Repres ntat• e
Date: /2
Brian Longpre
MO Repreenta ive
Date: 312-11 12
CITY OF LODI.
A MUNICIPAL CORPORATION
*.onradtartlam
City Manager
Date:
Dean Gualco
Human )'eso ces 1vlanager
Date: 7A
AttEJo
Ra
City Clerk
APPROVED AS TO FORM:
D. Step en Sc wab
City Attorney
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS NI 3
GS
Date:
Chris Boyer
GS Representative
Date: 3/Z�/�
Sand Smith`
Treasurer
(!a
435
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
2014
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Nancy Vinson, Chief Negotiator
Date:
Sherry Moroz, President
Date:
Donnie Sanford, Exec.Vice President
Date:
Linda Tremble, Vice President
Date:
Sandra Smith, Treasurer
Date:
Kari Chadwick, GS Representative
Date:
Brian Longpre, M&O Representative
Date:
Matt Rempfer, M&O Representative
Date:
Patsy Tucker, GS Representative
Date:
Denise Wiman, GS Representative
Date:
46
CITY OF LODI
A MUNICIPAL CORPORATION
Konradt Bartlam, City Manager
Date:
Jordan Ayers, Deputy City Manager
Date:
Attest:
Randi Johl-Olson, City Clerk
Approved As To Form:
D. Stephen Schwabauer, City Attorney
EXH I B -11T B
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
GENERAL SERVICES UNIT
January 1, 2014 - December 31, 2014
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
Catastrophic Leave
12
2014
Bereavement Leave
TABLE OF CONTENTS
Article XVI
Holidays
13
Page #
CHAPTER I
— SALARIES AND OTHER COMPENSATION
Article XVIII
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
5
Article IV
Overtime
5
Article V
Meals
7
Article VI
Temporary Upgrade
7
Article VII
Tools and Uniform Allowance
7
Article VIII
Safety/Safety Boot Provisions
10
Article IX
Education Incentives
11
Article X
Bilingual Pay
11
Article XI
Tuition Reimbursement
11
Article XII
Court Appearances
11
Article XIII
Mileage Compensation
12
CHAPTER 2 — LEAVES
Article XIV
Catastrophic Leave
12
Article XV
Bereavement Leave
12
Article XVI
Holidays
13
Article XVII
Leave of Absence
13
Article XVIII
Sick Leave
13
Article XIX
Vacation Leave
14
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 XXXIII
Article XXXIV
Union Leave
Layoff
Changes in Memorandum
City Rights
2
14
15
15
16
16
16
16
16
17
17
18
20
20
20
20
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Article XXXV
Employee Representation
21
Article XXXV I
Grievance Procedure
23
Article XXXVII
Mutual Consent Contingency
26
Article XXXVIII
No Strikes
26
Article XXXIX
Probationary Period
26
Article XL
Promotion
27
Article XL1
Seniority
27
Article XL11
Shop Stewards
27
Article XLIII
Status
27
Article XLIV
Term
28
Attachment A — Salary Schedule effective 01/01/14
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Chapter 1- Salaries and Other Compensation
ARTICLE I —SALARY
1.1 All employees in the bargaining unit shall be issued a one-time restoration
payment. The base payment will be $2,300 per AFSCME employee ("Base
Payment") distributed as set forth below. The total distribution shall be calculated
as the number of AFSCME employees eligible for the one time payment on the
date of ratification times the $2,300. Employees hired on or after January 1, 2012
shall receive a $1,150 one time payment. Employees hired before January 1,
2012 shall receive $2,300 plus a pro rata share of $1,150 times the number of
people eligible for the $1,150 payment.
This payment shall be issued within two pay periods after approval of the MOU
by resolution by the. Lodi City Council.
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, bargaining group, executive management as a group,
appointees as a group or City Council receives a salary increase or a one time
restoration payment that is greater than the Base Payment of $2,300.00 received
by AFSCME per Article 1.1 of this MOU (excluding step increases or the
equivalent), or a higher value medical and/or retirement benefit (except IBEW
retirement) applicable to all members of the group for the MOU negotiated (or
last/best/final offer imposed) that otherwise expired on November 30, 2013 or
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 (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.
rd
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
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 appropriate rate 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
2014
4.3 REST PERIOD
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 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.
4.5 The Animal Services Supervisor, and Assistant Animal Services Officer serve on
an on call basis on a weekly basis and shall be compensated $200 per week for
weeks they serve on call.
4.6 Call Out Pay:
A. The employees called out shall be paid at the rate of one and one half
times the straight time rate of pay for time worked on emergency calls
before 12 midnight. Time worked between 12 midnight and 6:00 am, or
in excess of twelve (12) consecutive hours between midnight and 12
midnight on any given day, shall be paid at double time.
B. The first call -out will be paid at three (3) hours minimum at the
appropriate overtime rate as defined in Article 4.6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time
worked at the appropriate overtime rate as defined in Article 4.6(A) of this
Agreement.
C. All subsequent hours worked on a call -out shall be paid at the appropriate
overtime rate per Article 4.6(A) of this Agreement.
D. Phone calls lasting less than ten (10) minutes, that do not require
substantive work to be performed, will be paid one (1) hour at the
appropriate overtime rate as defined in Article 4.6(A) of this Agreement.
6
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
Calls lasting longer than ten (10) minutes will receive the standard three
(3) hour minimum at the appropriate overtime rate as defined in Article
4.6(A) of this Agreement and any additional hours worked as defined in
Article 4.6(C) of this Agreement.
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
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 job 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
6.1 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. The uniform allowance shall be paid quarterly as part
7
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
of the last bi-weekly payroll in the months of March, June, September, and
December.
• Administrative Clerk — Community Improvement
• Animal Services Supervisor
• Assistant Animal Services Officer
• Code Enforcement Officer
• Parking Enforcement Assistant
• Police Records Clerk
• Police Records Clerk Supervisor
• Supervising Code/Community Improvement Officer
A. The Field Services Representative and the Field Services Supervisor shall
be provided with uniforms that meet the requirements for flame retardant
clothing. Uniforms provided by the City shall include a jacket, pants, and
shirts, and appropriate rain gear. Jackets shall be replaced as needed.
Uniform service, including rental and cleaning of one uniform (shirts and
pants) per work day, will be provided to the Field Services Representative
and the Field Services Supervisor.
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.
7.3 The City agrees to provide prescription safety glasses up to a maximum cost of
$251.00 per pair as required. A maximum of two pair of prescription safety
glasses will be provided by the City during employment except as indicated in 7.5
and 7.6 below.
7.4 All prescription safety glasses shall be purchased or serviced within the City of
Lodi. Employees shall have their choice of any local optometrist. The employee
shall pay directly to the optometrist any fees for prescription examination or
related charges. The employee shall submit receipts for frames and lenses to the
City of Lodi for reimbursement.
7.5 Prior to issuance of a replacement pair of prescription safety glasses for payment
by the City, the employee shall discuss with and receive approval from the
immediate supervisor and department head. The criteria for issuance of a
replacement pair of safety glasses are as follows:
If safety glasses are damaged due to an accident on the job, the safety
glasses will be replaced and paid for by the City.
2. If safety glasses are lost or damaged off the job, the employee will pay the
total amount for replacement.
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
3. If an employee requires a change of prescription for safety glasses, the
employee must submit a written statement from the eye doctor stating that
the prescription change is necessary.
4. If safety glasses are unsafe due to normal wear and tear, the City shall
approve a replacement pair as specified above.
7.6 The following conditions on the part of any applicable employee shall be grounds
for the cost of the employee's issued safety glasses to be deducted from the
employees payroll check after a determination of cost has been made by the City.
1. Where the City would be required to replace issued safety glasses due to
abuse by the employee.
2. Failure on the part of an applicable employee to wear or utilize safety
glasses unless agreed to in writing.
3. Failure on the part of an applicable employee to return issued safety
glasses, regardless of condition, upon separation from City service.
7.7 Uniforms and safety equipment damaged in the line of duty shall be replaced or
repaired by the City.
7.8 When an employee's personal clothing is damaged in the line of duty, the
employee may request to have the item replaced or repaired at the City's expense.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
b. The City shall have the sole discretion to approve or deny the request, and
its denial shall not be grievable.
C. Repair costs shall not exceed ordinary costs and shall be limited to the
repair identified in the employees claim.
d. Items replaced shall be of similar, or the same value as the item being
replaced. The City may require the employee to forfeit the damaged item
to the City for inspection.
e. All requests for reimbursement shall be accompanied by receipts.
7.9 Employees whose prescription glasses are damaged in the line of duty shall be
entitled to reimbursement for the cost of replacing or repairing glasses.
a. Requests shall be submitted to the Department Director and shall be
accompanied by an explanation of the event(s) that led to the damage.
0
MOU - CITY OF LODI AND AFSCME
GENERAL SERVICES UNIT
2014
b. Glasses replaced shall be of an equal or similar value to the glasses that
were damaged.
C. Any insurance benefit paid to the employee or paid by the insurance
provider toward the replacement/repair costs shall result in a reduction to
the amount reimbursed to the employee by the amount paid by the
insurance provider.
Example:
Cost of Eyewear/Repair $150.00
Insurance Pays $100.00
Reimbursed to employee $ 50.00
d. All requests for reimbursement shall be accompanied by receipts.
ARTICLE VIII — SAFETY/SAFETY BOOT PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $250, paid semi-annually
as part of the last biweekly payroll in the months of April and October of each
year, for the following classifications:
Building Inspector I/II
Code Enforcement Officer I/II
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/II
Sr. Engineering Technician (1) (who do inspection/survey work)
Supervising Code/Community Improvement Officer
Records Clerk
Animal Services Supervisor
Assistant Animal Services Officer
Parking Enforcement Assistant
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.
8.2.1 Employees who are assigned to a Lodi Police Department job site, or are
supervised by Lodi Police Department personnel, and who are required to wear a
uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi
Police Department Policy and Procedure Section 210.1C mandate. This includes
appropriate foot wear for Class B and Class A uniforms.
8.3 The City reserves the right to determine if a boot is appropriate to the job class,
work hazards, and work conditions.
l l;
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
8.4 Employees who are required to wear specific boots or shoes per any City of Lodi
Policy and Procedures mandate, must wear the appropriate footwear when
performing the duties/tasks of the assigned classification.
8.5 Employees performing duties/tasks without the prescribed appropriate footwear
may be required to vacate the job site until such time as they can return wearing
the required footwear for' the classification/duties/tasks. Time spent away from
the job site for this purpose shall not be paid City of Lodi time.
ARTICLE IX — EDUCATION INCENTIVES
9.1 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
9.2 The incentive in this subsection is limited to employees hired prior to the
execution of this MOU.
ARTICLE X — BILINGUAL PAY
10.1 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
11.1 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 XII — COURT APPEARANCES
12.1 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.
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.
11
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
12.5 If an employee covered by this agreement is required by subpoena issued by am
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 — MILEAGE COMPENSATION
13.1 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.
13.2 Allowance increases shall be effective the first day of the month following the
determination of an increase by the IRS.
Chapter 2 - 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 foster parents
or a more distant relative who was a member of the employee's immediate
household at the time of death.
12
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
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
3`d Monday in January
President's Day
3rd Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4
Labor Day
1" Monday in September
Thanksgiving Day
4`h Thursday in November
Day after Thanksgiving Day
Friday following Thanksgiving Day
Christmas Eve (4 hours)
December 24
Christmas Day
December 25
Employees receive holiday pay if/when they work on the above City -recognized
national holiday.
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
17.1 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.
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18.2 Sick leave may be 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
6th year
4.62 hours per pay period
12th year
5.24 hours per pay period
15thyear
6.16 hours per pay period
21 st year
6.47 hours per pay period
22nd year
6.78 hours per pay period
23`d year
7.09 hours per pay period
24th year
7.40 hours per pay period
25th year & over
7.71 hours per pay period
19.2 If 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.
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 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 PORAC) as of
January 1, 2014. Employees will pay all costs for plans costing more than the
amount paid by City.
20.2 If employee selects a higher cost plan, employee will pay the difference as a
payroll deduction.
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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
after January 1, 2014. The baseline will be the January 1, 2014 lowest cost PERS
HMO for the employee's family category ($657.33 for single, $1,314.66 for
Employee +1, $1,709.06 for Family).
20.3 Effective January 1, 2015, the maximum amount the City will pay towards
medical premiums will be increased by the lower of three percent (3%) or the
actual cost increase (for the employee's applicable cap) for employees whose
annual base salary is less than $40,000.
Percentage increases shall be based upon the amounts paid by City ($657.33 for
Single, $1,314.66 for Employee +1, $1,709.06 for Family).
20.4 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.
20.5 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 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 XXI — 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 — VISION INSURANCE
22.1 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.
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ARTICLE XXIII — CHIROPRACTIC
23.1 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
24.1 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 23`d 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.
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.
ARTICLE XXVI — WORKERS' COMPENSATION
26.1 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 Workers' 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 employees upon
receiving said benefits such paid by Workers' Compensation shall also receive
compensation from the City in an amount that when added to the Workers'
Compensation payment shall equal the employees 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 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 2014 with an
effective date of January 1, 2015. This program would incorporate, but not be
limited to: medical, vision, dental, chiropractic, and life insurance. The above
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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. City shall present its plan to
AFSCME by August 1, 2014. AFSCME is not bound to accept City's proposed
plan during the term of this MOU.
ARTICLE XXVIII — DEFERRED COMPENSATION
28.1 The City shall match contributions by General Service employees to a deferred
compensation program up to a maximum of 3.0% of the employee's gross salary.
ARTICLE XXIX — PERS
29.1 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "classic" employees by PERS:
a. PERS 112% 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 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 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 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).
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.
i. Employee shall pay employee share of retirement at 7% effective
December 31, 2013.
29.2 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under
the Public Employees Pension Reform Act of 2013 (PEPRA):
A. PERS 112% at 62" 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.
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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 Benefit before retirement.
D. Post-retirement Survivor Allowance which provides a surviving spouse
with an allowance upon the event of death after retirement.
E. Credit for unused sick leave which provides additional service credit for
unused accumulated sick leave at time of retirement.
F. Military Service Credit as Public Service.
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.
I. Employee shall pay employee share of retirement as calculated by PERS
in its annual actuarial valuation.
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 1800 hours 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 subject to the cap shown in Article XX. 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.
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, 2.5% will be added to
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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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 30.1.
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
sufficient to 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 30.1 of this Article.
Option #4 — PERS Credit
30.5 Per the California Government Code, employees may receive credit for unused
sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of
determining days creditable.
30.6 Employees hired after July 1, 1995 will not have the option of converting sick
leave time into medical insurance premiums or cash as referenced in options 1-3.
The only option available to these employees is Option #4, PERS credit.
30.7 Option #4 is available to all represented employees meeting PERS eligibility
requirements.
30.8 If an employee opts to utilize the provisions of Option #l, Option #2, or Option
#3, the City will report to PERS they have zero 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 XXXII — LAYOFF
32.1 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXIII — CHANGES IN MEMORANDUM
33.1 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
34.1 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
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consequences that decisions on such matters may have on wages, hours or other
terms and conditions of employment.
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 Lodi harmless against any
claims made and against any suit instituted against the City of Lodi 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 MEMBERSHIP AND DUES CHECK OFF
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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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 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
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 submitted by 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
Fair 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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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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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 STEP FOUR: 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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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 couxt
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 joint 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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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
37.1 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
38.1 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 job 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.
26
MOU — CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
d. Probation shall be extended for the same time as any leaves of absence.
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
40.1 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
41.1 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
42.1 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
job 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
43.1 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
27
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
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, 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.
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
44.1 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 parties agree as follows:
TERM: Covering the period from January 1, 2014 through December 31, 2014
WN
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2014
ATTACHMENT A
SALARY SCHEDULE - GS
Effective January 1, 2014
Occupation Title
Step B Step°C
Step [._'
Step E
Accounting Clerk
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
3414.27
3584.99 3764.24
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 3193.57
3353.25
3520.91
Building Inspector 1
74
3942.37
4129.79 4336.28
4553.10
4780.75
Building Inspector II
75
4326.45
4542.77 4769.91
5008.41
5258.83
Code Enforcement Officer
107
4120.43
4326.45 4542.77
4769.91
5008.41
Customer Service Representative 1
354
2576.81
2705.65 2840.93
2982.97
3132.12
Customer Service Representative II
353
2834.48
2976.20 3125.01
3281.26
3445.33
Engineering Technician 1
157
3970.52
4169.04 4377.49
4596.37
4826.19
Engineering Technician II
159
4367.57
4585.94 4815.24
5056.00
5308.80
Field Services Representative
36
3504.16
3679.37 3863.34
4056.51
4259.33
Field Services Supervisor
35
4033.72
4235.41 4447.18
4669.53
4903.01
Finance Technician
355
3429.72
3601.21 3781.27
3970.34
4168.85
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
Library Assistant
228
2695.14
2829.89 2971.39
3119.96
3275.95
Meter Reader
267
3188.71
3348.14 3515.55
3691.33
3875.89
Network Technician
426
4671.51
4905.09 5150.34
5407.86
5678.26
Parking Enforcement Assistant
288
2918.97
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
Program Coordinator
286
2999.32
3149.28 3306.74
3472.08
3645.69
Public Works Inspector 1
320
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
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 1
3459.88
3632.88
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 1
5130.82 i
5387.36 5656.73
5939.57 1
1
6236.55
29
MOU — CITY OF LODI AND AFSCME
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Nancy Vinson, Chief Negotiator
Date:
Sherry Moroz, President
Date:
Donnie Sanford, Exec.Vice President
Date:
Linda Tremble, Vice President
Date:
Sandra Smith, Treasurer
Date:
Kari Chadwick, GS Representative
Date:
Brian Longpre, M&O Representative
Date:
Matt Rempfer, M&O Representative
Date:
Patsy Tucker, GS Representative
Date:
Denise Wiman, GS Representative
Date:
30
GENERAL SERVICES UNIT
2014
CITY OF LODI
A MUNICIPAL CORPORATION
Konradt Bartlam, City Manager
Date:
Jordan Ayers, Deputy City Manager
Date:
Attest:
Randi Johl-Olson, City Clerk
Approved As To Form:
D. Stephen Schwabauer, City Attorney