HomeMy WebLinkAboutAgenda Report - December 7, 2022 H-03CITY OF
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AGENDA ITEM R
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi
and AFSCME — Maintenance & Operators for the Period January 1, 2023 through
December 31, 2025
MEETING DATE: December 7, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution approving the Memorandum of Understanding between
the City of Lodi and AFSCME — Maintenance & Operators for the period
January 1, 2023 through December 31, 2025.
BACKGROUND INFORMATION: Representatives from the City of Lodi and AFSCME Maintenance &
Operators (M&O) have been bargaining over the terms of a successor
MOU over the past four months.
Staff is requesting the following wage and benefit changes for the AFSCME M&O employees as follows:
• Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City's contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and
o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits
for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Increase the annual boot allowance from $250 to $350.
• Additional classifications eligible for Bio Hazardous/Waste incentive.
• Addition of one fixed holiday in observance of Juneteenth.
Staff recommends that the Council approve the revisions to compensation and other benefits for AFSCME M&O
employees.
FISCAL IMPACT: City wide, the total long-term annual cost of the proposed agreement is estimated
to be $1,115,740. The total cost of the term of the agreement is $2,530,490.
Stephen Schwabauer, City Manager
CITY WIDE COST ALL FUNDS
Calendar Year 2023
$ 555,000
Calendar Year 2024
$ 859,750
Calendar Year 2025
$ 1,115,740
Total Cost 3 Year
$2,530,490
In the General Fund, total long-term annual cost of the proposed agreement is
estimated to be $234,305. The total General Fund cost over the term of the
agreement is $531,402.
GENERAL FUND COST
Calendar Year 2023 $116.550
_
Calendar Year 2024 $ 180.547
Calendar Year 2025 $ 234,305
Total Cost (3 Year) , $ 531
FUNDING AVAILABLE; Budget adjustments for these and other compensation increases for City
employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings
are the first source for funding the increases for this and future employee contract
changes in the coming Fiscal Year. `these savings have been significant in the
past three years allowing the City to build up substantial reserves. These reserves
may be necessary to finance a portion of salary increases. Staff will first seek to
prioritize Pension Stabilization Reserves held at PARS to pay eligible pension
costs in order to preserve locally held economic and catastrophic reserves should
actual reserves be needed. Staff will seek Council input prior to any use of
reserves.
Adele Post
Human Resources Manager
Q
Andrew Keys
Deputy City Manager/Internal Services Director
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1, 20230 — December 31, 20252022
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TABLE OF CONTENTS
CHAPTER I — SALARIES AND OTHER COMPENSATION Page #
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
4
Article IV
Overtime
5
Article V
Meals
6
Article VI
Temporary Upgrade
7
Article VII
Shift Differential
7
Article VIII
Standby Pay — Call -Out Pay
7
Article IX
Tools and Uniform Allowance
8
Article X
Safety/Safety Boot Provisions
10
Article XI
Class A License
11
Article XII
Education Incentives
11
Article XIII
Bio Hazardous/Waste Incentive
12
Article XIV
Bilingual Pay
12
Article XV
Tuition Reimbursement
12
Article XVI
Court Appearances
12
Article XVII
Mileage Compensation
13
CHAPTER 2 — LEAVES
Article XVIII
Catastrophic Leave
13
Article XIX
Bereavement Leave
13
Article XX
Holidays
14
Article XXI
Leaves of Absence
14
Article XXII
Sick Leave
15
Article XXIII
Vacation Leave
15
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
Article XXIV
Medical Insurance
16
Article XXV
Dental Insurance
16
Article XXVI
Vision Insurance
17
Article XXVII
Chiropractic Insurance
17
Article XXVII I
Life Insurance
17
Article XXIX
Long Term Disability
17
Article XXX
Workers' Compensation
17
Article XXXI
Flexible Spending Account
18
Article XXXII
Deferred Compensation Plan
18
Article XXXII I
PERS
18
Article XXXIV
Sick Leave Conversion
20
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CHAPTER 4 — UNION 1 CITY ISSUES
Article XXXV
Union Leave
21
Article XXXVI
Demotion And Layoff
21
Article XXXVII
Changes in Memorandum
21
Article XXXV III
City Rights
22
Article XXXIX
Employee Representation
22
Article XL
Grievance Procedure
24
Article XLI
Mutual Consent Contingency
27
Article XLII
No Strikes
27
Article XLIII
Probationary Period
27
Article XLIV
Promotion
28
Article XLV
Seniority
28
Article XLVI
Shop Stewards
28
Article XLVII
Status
28
Article XLVIII
Term
29
Exhibit A — Salary Schedule effective February 10, 2020
Exhibit B — Certification Requirements and Incentive Chart
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Chapter 1— Salaries and Other Compensation
ARTICLE I — SALARY
1.1 °
ftallppa5eriod in la.,..afy 2021 and _1,..,i.aff 2022 the City _shall.
The City shall provide wage increases
over the term of the contract as follows:
6% effective January 9, 2023,
5% effective January 8.2024• and
4% effective January 6. 2025.
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
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. Wastewater/Water 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
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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. An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
3.3 No more than two hundred (200) hours of compensatory time may be carried on the books
at any time. Employee's may cash out any amount of the compensatory time at the
employee's straight time hourly rate of pay each April, June, and October. A request to
cash out leave must be in writing and submitted to the Finance Division.
3.4 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 (1'/z), 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 2.1 and 2.2; 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 12:00 a.m. and 12:00 a.m. on any given day, any work performed between the
hours of 12:00 a.m. 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.
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4.4 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 The City and AFSCME mutually agree to engage in further discussion to incorporate
clarifying language for Article V — Meals.
5.2 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
$25 meal allowance, payable through payroll. 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.
5.3 When the City requires employees to work on non -work days, the City shall provide a meal
allowance 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.
5.4 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 a meal allowance in accordance with other provisions of this MOU.
5.5 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 allowance on
the job and the City shall provide other meal allowances as required by the duration of the
work period. The meal allowances 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.
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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, for four (4) hours, shall receive a 10% wage
increase while in this status. However, in no event shall the upgrade pay per hour exceed
the top 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 12:00 p.m. to 10:00 p.m. 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:
A. Standby Pay: All employees in the Maintenance and Operators Bargaining Unit,
except Waste Water 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
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 12:00 a.m. Time worked between 12:00 a.m.
and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m.
and 12:00 a.m. 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
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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.
8.3 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 (1) hour minimum. Only one call out between the hours of 12:00 a.m. and 12:00
a.m. shall be compensated at the minimum three (3) hour period. Phone calls lasting less
than ten (10) minutes, text messages and/or emails that do not require substantive work
would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10)
minutes, text messages and/or emails that require substantive work would receive the
standard three (3) hour callback at the appropriate overtime rate.
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:
9.2
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
Service Writer
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker I/II/III
Street Supervisor
Sr. Facilities Maintenance Worker
Sr. Storekeeper
W/WWMaintenanceWorker I/II/I1I
W/WW Supervisor
W/WW Plant Operator I/II/III
Water Plant Operator VII/III
Welder -Mechanic
Building Services Supervisor
Coveralls, but no more than 3, are provided per calendar year to the following Maintenance
and Operators classifications:
Chief Wastewater Plant Operator
Wastewater Plant Operator I, II, III
Sr. Plant and Equipment Mechanic
Maintenance Workers 1/II assigned to
Plant and Equipment Mechanic
Environmental Compliance Inspector
Water Plant Operators I/II/III
White Slough
9.3 Smocks, but no more than 3, are provided per calendar year to Laboratory Technician I/II
classifications.
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9.4 The City agrees to provide prescription safety glasses up to a maximum cost of $500 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 The employee shall pay directly to the optometrist any fees for prescription examination or
related charges if needed. The employee shall submit receipts for the prescription safety
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.
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 employee's 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.
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.
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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 employee's claim.
d. Items replaced shall be of similar, or the same quality as the item being replaced.
The City may require the employee to forfeit the damaged 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 quality 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
Insurance Pays $100
Reimbursed to employee $ 50
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 $350 X50, paid semi-annually as
part of the last biweekly payroll in the months of April 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.
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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 shoelboot 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. A $40.00 per month
incentive shall be paid for each grade at or above the minimum grades shown. An
employee can earn education incentive pay to a combined maximum of $250 per month.
(The certificate pays on Exhibit C chart are not included in this cap)
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 per month to two (2) Wastewater Plant Operators, two (2)
Surface Water Plant Operators, and two (2) Plant and Equipment Mechanics for the
possession of a Qualified Applicators Certificate. In the event of the separation of one of
the two Wastewater or Surface Water Plant Operators or Plant and Equipment Mechanics,
the remaining employee in each classification shall receive $40 per month.
12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in
Exhibit C.
12.5 Equipment Mechanics are eligible to receive incentive pay of either $25 or $50 per month
for possession of Automotive Service Excellence Technician Certificates on the following
basis:
a. Only courses listed in Exhibit C will qualify towards this incentive.
b. Employees will not be paid for both certificates in cases where one is a prerequisite of
the other. For example, ASE certifications A-6, A-8 and L-1 are required by BAR in
order to obtain a smog certificate. An employee having a BAR smog certificate will
receive $50 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 per month for possession of a minimum of three
(3) certificates.
d. Employees will receive a total of $50 per month for possession of a minimum of eight
(8) certificates.
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ARTICLE XIII — BIO HAZARDOUS/WASTE INCENTIVE
13.1 Employees in the following classifications who are assigned to clean up bio hazardous
materials will receive $100 per month, paid bi-weekly:
Building Services Supervisor
Facilities Maintenance Worker
Senior Facilities Maintenance Worker
Facilities Supervisor
Plant and Equipment Maintenanceeehasie Technician
Parks Maintenance Worker I/II/III
Parks Supervisor
Maintenance Worker II
Street Maintenance Worker I/II/III
Street Supervisor
Water/Wastewater Maintenance Worker I/II/III
Water/Wastewater Supervisor
Wastewater Plant Operator I/II/III
Wastewater Operations Supervisor
Laboratory Technician I/II
Laboratory Supervisor
Environmental Compliance Inspector
13.2 All bargaining unit members who receive this incentive shall complete appropriate Bio
Hazard training offered by the City.
ARTICLE XIV — BILINGUAL PAY
14.1 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, paid bi-weekly. The City Manager has the
discretion in determining the languages that will be recognized.
ARTICLE XV — TUITION REIMBURSEMENT
15.1 Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not reduce the maximum reimbursement amount of
$3,000 or eliminate this policy during the term of this MOU.
ARTICLE XVI — COURT APPEARANCES
16.1 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.
16.2 If jury duty attendance is less than one-half (1/2) of a normal working day, the employee is
expected to return to work.
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16.3 If an employee has had jury duty of six (6) 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.
16.4 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 (1%) 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 (72) hours after the employee is
subpoenaed or otherwise notified of the required court appearance.
ARTICLE XVII — MILEAGE COMPENSATON
17.1 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, not to exceed 20
miles (each direction) 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 a change by the IRS.
Chapter 2 - Leaves
ARTICLE XVIII — CATASTROPHIC LEAVE
18.1 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.
18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of
Short Term Disability
ARTICLE XIX — BEREAVEMENT LEAVE
19.1 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:
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Spouse/domestic partner Parent/step-parent/foster parent Parent -in-law
Child/step-child Son or Daughter -in -Law Grandparent
Grandparent -in-law Brother/half-brother/step-brother Grandchild
Sister/half-sister/step-sister
or a more distant relative who was a member of the employee's immediate household at the
time of death.
19.2 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 XX — HOLIDAYS
20.1 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
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1" 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 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.
Employees hired after the first pay period of the year are credited with fixed holidays plus a
prorated share of floating holidays for the remainder of the calendar year. Employees
separating from employment shall be debited the fixed holidays and the prorated share of
floating holidays for the remainder of the 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.
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Employees in the Operator classifications listed below may elect to bank the fixed holidays
that occur on their regularly scheduled da off in lieu of observing the holiday on the
preceding workday or the next regularly scheduled workday as described in the above
paragraph. The banked hours must be used by the end of the calendar year and will not
rollover into the next calendar year, with the exception of the last four holida s of the
calendar year (Thanksgiving, the da after Thanksiziving,Christmas Eve 4 hours), and
Christmas Da these holida s ma be carried over to no later than March 31St of the next
calendar year. Holiday hours not used within the described timeframes will be forfeited.
Operator Classifications subiect to the immediately preceding paiAgraph:
Water Plant Operator I/II/III:
Wastewater Plant Operator I/II/III• and
Wastewater Operations Supervisor only when assigned to shift work)
20.2 Holiday time shallmay be taken in no less than quarter hour increments.
ARTICLE XXI — LEAVES OF ABSENCE
21.1 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 XXII — SICK LEAVE
22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate
of 3.70 hours per pay period.
22.2 Sick leave may be accumulated up to an unlimited amount.
22.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave
Policy as revised in September 2010.
ARTICLE XXIII -- VACATION LEAVE
23.1 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
23.2 If conflict arises in the scheduling of vacation of employees in the same classification,
the conflict shall be resolved in favor of the employee with the greatest City seniority. The
senior employee shall receive first choice in any scheduling period.
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23.3 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.
23.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be
6.16 hours per pay period.
Chapter 3 - Insurance and Retirement
ARTICLE XXIV — MEDICAL INSURANCE
24.1 All employees are offered medical insurance for themselves and dependents through
Ca1PERS-Medical Plans. Effective January 1, 20238, the City will contribute the
following amounts toward the medical premium:
Ste'_ $2,005.52 per month for family
899 $1,542.71 per month for employee +1 dependent
$690.20 $771.35 per month for employee only
The employee will pay one hundred percent (100%) of the difference between the City's
contribution and the monthly premium for the plan elected.
24.2 If an employee waives medical insurance through the City of Lodi, the employee may at
their option take the following in cash or deposited into their deferred compensation
account (Cash in lieu):
$692.81 per month for family
$532.92 per month for employee + 1 dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided to the
City.
24.3 Effective January 1, 20230 and through December 31, 20252, 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$47,000.
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Percentage increases shall be based upon the amounts paid by City ($771.35$690.20 for
Employee only, $1,542.71'r t ,�, 3" for Employee + 1 and $2,005.52$4;794:51 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.
24.5 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 XXV — DENTAL INSURANCE
25.1 Employees re provided itilly-paid fiamily dental iinsufanve.—The City will pav the full cost
for dental premiums for employee and eligible dependents.
25.2 N4aKimuni benefits aFe $1000 feF eaeb famRy inernbeF effelled in the def" plan pe
ea endar- The annual maximum benefit is $1,250 for each family member enrolled in the
dental plan per calendar year. There is a $25 deductible plus co-insurance features.
25.3 Effective January 1, 2023, the City shall provide orthodontia benefits, up to a lifetime cap
of $1,250 for each person covered under the plan.
ARTICLE XXVI — VISION INSURANCE
26.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a
$25 deductible for the employee and dependents. The entire premium shall be paid by the
City.
ARTICLE XXVII — CHIROPRACTIC INSURANCE
27.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXVIII — LIFE INSURANCE
28.1 The City agrees to provide a life insurance program providing $25,000 term life insurance
which includes $25,000 of 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.
28.2 The City will provide an additional $10,000 of Accidental Death and Dismemberment
insurance for each member in the Maintenance & Operators Unit.
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ARTICLE XXIX — LONG TERM DISABILITY
29.1 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.
29.2 The maximum length of coverage is three years from date of disability.
ARTICLE XXX — WORKER'S COMPENSATION
30.1 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 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 XXXI — FLEXIBLE SPENDING ACCOUNT
31.1 The City will maintain a pre-tax "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. Effective in plan year 20234-8, the Medical Flexible Spending
Account (FSA) will includes a carryover provision which allows an active participant to
automatically carryover up to the IRS limit ($550 for plan year 2023)to the new plan
year. Carryover allowance may increase year to year depending, on IRS limit. However,
amounts over $500 would be forfeited after the final filing date, if left unclaimed.
ARTICLE XXXII — DEFERRED COMPENSATION PLAN
32.1 The City and AFSCME agree to the implementation of the following program effective
July 1, 1977.
32.2 The City shall match contributions by Maintenance and Operators employees to a deferred
compensation program up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXIII — PERS
33.1 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)
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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. (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.
i. Employee shall pay employee share of retirement at 7% effective December 31, 2013.
33.2 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 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.
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.
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i. Employee shall pay employee share of retirement as calculated by PERS in its annual
actuarial valuation.
33.3 Effective May 20, 2019, in accordance with California Government Code §20516 contract
amendment process requirements, each employee in the unit shall pay three percent (3%)
towards the employer's share of Ca1PERS normal pension cost (cost-sharing). Effective
July 13, 2020, each employee in this unit shall pay an additional one percent (1%) towards
the employer's share of Ca1PERS normal pension cost (cost-sharing). Effective January
11, 2021, each employee in this unit shall pay an additional one percent (1%) towards the
employer's share of CalPERS normal pension cost (cost-sharing). Effective January 10,
2022, each employee in this unit shall pay an additional one percent (1%) towards the
employer's share of Ca1PERS normal pension cost (cost-sharing).
ARTICLE XXXIV — SICK LEAVE CONVERSION
34.1 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 '/Z% 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 XXIV. 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 '/z % 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).
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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 — PERS CREDIT
34.2 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.
34.3 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 and 2. The only option
available to these employees is Option #3, PERS credit.
34.5 Option #3 is available to all represented employees meeting PERS eligibility requirements.
34.6 If an employee opts to utilize the provisions of Option #1, or Option #2, the City will report
to PERS they have zero hours of unused sick leave.
Chapter 4. Union/City Issues
ARTICLE XXXV — UNION LEAVE
35.1 Whenever any employee is absent from work as a result of a formal request by the
AFSCME to send an employee 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.
35.2 The City agrees to provide storage space to AFSCME for union materials.
ARTICLE XXXVI — DEMOTION AND LAYOFF
36.1 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.
36.2 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXVII -- CHANGES IN MEMORANDUM
37.1 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
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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 XXXVIII — CITY RIGHTS
38.1 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 XXXIX — EMPLOYEE REPRESENTATION
39.1 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.
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39.2 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.
39.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership — All employees covered by this Agreement shall have the
opportunity to be a member of AFSCME. The CITY will inform all new hires and
employees promoting into the bargaining unit of the existence of this Collective
Bargaining Agreement. 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. Membership status shall remain in effect per the terms set forth in the AFSCME
Membership Application. Only AFSCME members are afforded exclusive UNION
membership rights.
c. 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.
d. 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.
e. Payroll deductions shall be limited to the following choices:
• Union Membership Dues
• AFSCME Voluntary Political Action Check Off (PEOPLE)
f. 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.
39.4 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
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date, location, time and general purpose of such meeting. The City may establish
reasonable regulations governing the use of such facilities.
39.5 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.
39.6 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 XL — GRIEVANCE PROCEDURE
40.1 This grievance procedure shall be used to process and resolve disputes regarding the
interpretation or application of any of the terms and conditions of this MOU, letters of
understanding, formal interpretation or application of any of the terms and conditions of
this MOU, letters of understanding, formal interpretations and clarification executed
by AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest possible level
and to provide an orderly procedure for reviewing and resolving grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute between
the City and AFSCME involving the interpretation, application, or enforcement of the
express terms of the MOU and other terms and conditions of employment and matters of
discipline which includes demotion, suspension or discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City or the
authorized representative of any party. The employee is entitled to representation through
all steps in the grievance procedure.
40.2 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 i.e., pay reduction of an individual
employee. Enipleyees
Depe&Et?iem Dir-estoF or designee is- Awil xrrsi--v'r'n"ding and not subject to hirthe
c. Disputes as to whether a matter is proper subject for the Grievance Procedure.
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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.
d e.Em to ees shall have the right to grieve letters of reprimand through the chain of
command up to the City Manager or designee. The decision of
the DevaFtment QiFee4of City Manager or designee is final and binding and not subject
to further grievance.
40.3 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.
40.4 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.
40.5 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.
40.6 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:
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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.
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
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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.
40.7 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.
40.8 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.
40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to
Step 3.
40.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XLI — MUTUAL CONSENT CONTINGENCY
41.1 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 XLII — NO STRIKES
42.1 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 XLIII — PROBATIONARY PERIOD
43.1 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.
43.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XXIII for vacation schedule.
27
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20229 - 20252
b. The use of the Grievance Procedure to grieve termination.
The City and the employee may mutually agree to extend the probationary period in
increments up to 6 months. The total extended probationary period shall not exceed
twelve (12) months. AFSCME must be notified of all extensions by Human Resources.
43.3 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 XLIV — PROMOTION
44.1 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.
ARTICLE XLV — SENIORITY
45.1 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 injury,
d. on leave of absence, or
e. absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLVI — SHOP STEWARDS
46.1 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 XLVII — STATUS
47.1 Employees shall be designated as regular or probationary.
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 X (Probationary Period).
28
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS iUNIT
20220 - 20252
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, and satisfactory
performance, a probationary employee shall be given the status of a regular
employee.
ARTICLE XLVIII — TERM
48.1 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, 2020 to December 31, 2022.
29
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20228 - 2025-2
CLASSIFICATION PLAN
Maintenance & Operators
Effective January 9, 2023
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
1 20220 - 20252
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
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32
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
Thomas Gabriel, M&O Representative
Date:
Derrick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
CITY OF LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney el�'
Attest:
Olivia Nashed, City Clerk
RESOLUTION NO. 2022-302
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
MEMORANDUM OF UNDERSTANDING WITH THE AFSCME —
MAINTENANCE AND OPERATORS UNIT FOR THE PERIOD
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
------------------------------------------------------------------------
WHEREAS, representatives from the City and the AFSCME — Maintenance and
Operators Unit have bargained in good faith and reached a tentative agreement on a successor
MOU; and
WHEREAS, it is recommended that Council approve revisions to the Memorandum of
Understanding with AFSCME — Maintenance and Operators Unit to include the following:
• Term: January 1, 2023 to December 31, 2025;
• Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City's contribution towards medical premiums and remain over the term
of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and
o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition
of orthodontia benefits for the employees and eligible dependents with a lifetime
maximum benefit of $1,250.
• Increase in annual boot allowance from $250 to $350.
• Additional positions eligible for Bio Hazardous/Waste Incentive.
• Addition of one fixed holiday in observance of Juneteenth.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME
— Maintenance and Operators, effective January 1, 2023 through December 31, 2025.
Date: December 7, 2022
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2022-302 was passed and adopted by the Lodi City
Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES'. COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-302
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
A.F.S.C.M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
MAINTENANCE & OPERATORS UNIT
January 1, 20232 — December 31, 20252822
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION Pau#
Article I
Salary
4
Article II
Hours
4
Article III
Compensatory Time
4
Article IV
Overtime
5
Article V
Meals
6
Article VI
Temporary Upgrade
7
Article VII
Shift Differential
7
Article VIII
Standby Pay — Call -Out Pay
7
Article IX
Tools and Uniform Allowance
8
Article X
Safety/Safety Boot Provisions
10
Article XI
Class A License
11
Article XII
Education Incentives
11
Article XIII
Bio Hazardous/Waste Incentive
12
Article XIV
Bilingual Pay
12
Article XV
Tuition Reimbursement
12
Article XVI
Court Appearances
12
Article XVII
Mileage Compensation
13
CHAPTER 2 — LEAVES
Article XVIII
Catastrophic Leave
13
Article XIX
Bereavement Leave
13
Article XX
Holidays
14
Article XXI
Leaves of Absence
14
Article XXII
Sick Leave
15
Article XXIII
Vacation Leave
15
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
Article XXIV
Medical Insurance
16
Article XXV
Dental Insurance
16
Article XXVI
Vision Insurance
17
Article XXVII
Chiropractic Insurance
17
Article XXVII I
Life Insurance
17
Article XXIX
Long Term Disability
17
Article XXX
Workers' Compensation
17
Article XXXI
Flexible Spending Account
18
Article XXXII
Deferred Compensation Plan
18
Article XXXII I
PERS
18
Article XXXIV
Sick Leave Conversion
20
2
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
CHAPTER 4 -- UNION 1 CITY ISSUES
Article XXXV
Union Leave
21
Article XXXVI
Demotion And Layoff
21
Article XXXVII
Changes in Memorandum
21
Article XXXV III
City Rights
22
Article XXXIX
Employee Representation
22
Article XL
Grievance Procedure
24
Article XLI
Mutual Consent Contingency
27
Article XLII
No Strikes
27
Article XLIII
Probationary Period
27
Article XLIV
Promotion
28
Article XLV
Seniority
28
Article XLVI
Shop Stewards
28
Article XLVII
Status
28
Article XLVIII
Term
29
Exhibit A — Salary Schedule effective February 10, 2020
Exhibit B — Certification Requirements and Incentive Chart
MOU ITY OF LODI AND AFSCME MAINTENANCE AND OPERATOR i]NIT
20220 - 20252
Chapter I — Salaries and Other Compensation
ARTICLE I — SALARY
1.1 iu-1�f''f�-i•Fist'--�'+r�'rFl}Hi'Y�--��•�-�laC'-��-'��'lEii�-fi'1£t1"i'E3�iL'�-:i—FflH��j'�i•i'4--f����v}:
t:�-�e-twe-v�rtl�-Flee--tam-f�lil l?E►�+et.��.� �n� t .a 1. �t+��i3e-I-'•icy whefl-1
iii -rhe City shall provide wa a increases
over the terns of the contract as follows:
6%effective Januilfy 1), 2023;
5% effective January 8, 2024Land
4% effective January 6. 2025.
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
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. Wastewater/Water 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.
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—COMPENSATO11Y TIME
4
MOV --CITY OF LODI AND AI:SCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
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. An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
3.3 No more than two hundred (200) hours of compensatory time may be carried on the books
at any time. Employee's may cash out any amount of the compensatory time at the
employee's straight time hourly rate of pay each April, June, and October. A request to
cash out leave must be in writing and submitted to the Finance Division.
3.4 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 (1%), 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 2.1 and 2.2; 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 12:00 a.m. and 12:00 a.m. on any given day, any work performed between the
hours of 12:00 a.m. 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.
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20229 - 20252
4.4 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 The City and AFSCME mutually agree to engage in further discussion to incorporate
clarifying language for Article V — Meals.
5.2 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
$25 meal allowance, payable through payroll. 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.
5.3 When the City requires employees to work on non -work days, the City shall provide a meal
allowance 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.
5.4 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 a meal allowance in accordance with other provisions of this MOU.
5.5 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 allowance on
the job and the City shall provide other meal allowances as required by the duration of the
work period. The meal allowances 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.
IN
MO — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UN I
20220 - 20252
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, for four (4) hours, shall receive a 10% wage
increase while in this status. However, in no event shall the upgrade pay per hour exceed
the top step of the classification to which the employee is temporarily upgraded.
AR'T'ICLE 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 12:00 p.m. to 10:00 p.m. Shift assignments shall be
made by the City at its sole discretion consistent with this MOU.
ARTICLE VllI -- 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:
A. Standby Ilay: All employees in the Maintenance and Operators Bargaining Unit,
except Waste Water 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
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 12:00 a.m. Time worked between 12:00 a.m.
and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m.
and 12:00 a.m. 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
7
MOU — QrrY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20229 - 20252
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.
8.3 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 (1) hour minimum. Only one call out between the hours of 12:00 a.m. and 12:00
a.m. shall be compensated at the minimum three (3) hour period. Phone calls lasting less
than ten (10) minutes, text messages and/or emails that do not require substantive work
would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10)
minutes, text messages and/or emails that require substantive work would receive the
standard three (3) hour callback at the appropriate overtime rate.
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
Service Writer
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker MI/III
Street Supervisor
Sr. Facilities Maintenance Worker
Sr. Storekeeper
W/WWMaintenanceWorker I/II/III
W/WW Supervisor
W/WW Plant Operator I/II/III
Water Plant Operator 1/II/III
Welder -Mechanic
Building Services Supervisor
9.2 Coveralls, but no more than 3, are provided per calendar year to the following Maintenance
and Operators classifications:
Chief Wastewater Plant Operator Plant and Equipment Mechanic
Wastewater Plant Operator I, II, III Environmental Compliance Inspector
Sr. Plant and Equipment Mechanic Water Plant Operators I/II/III
Maintenance Workers I/II assigned to White Slough
9.3 Smocks, but no more than 3, are provided per calen(lar. year to Laboratory Technician I/II
classifications.
MOU — CITY Ur• LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
9.4 The City agrees to provide prescription safety glasses up to a maximum cost of $500 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 The employee shall pay directly to the optometrist any fees for prescription examination or
related charges if needed. The employee shall submit receipts for the prescription safety
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:
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.
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 employee's 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.
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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 employee's claim.
d. Items replaced shall be of similar, or the same quality as the item being replaced.
The City may require the employee to forfeit the damaged 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 quality 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
Insurance Pays $100
Reimbursed to employee $ 50
ARTICLE X — SAFETYISAFETY 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 $350 X58, paid semi-annually as
part of the last biweekly payroll in the months of April 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.
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M_U- CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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 KI - 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 X1I - EDUCATION INCENTIVES
12.1 The City shall make available incentive pay as shown in Exhibit C. A $40.00 per month
incentive shall be paid for each grade at or above the minimum grades shown. An
employee can earn education incentive pay to a combined maximum of $250 per month.
(The certificate pays on Exhibit C chart are not included in this cap)
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 per month to two (2) Wastewater Plant Operators, two (2)
Surface Water Plant Operators, and two (2) Plant and Equipment Mechanics for the
possession of a Qualified Applicators Certificate. In the event of the separation of one of
the two Wastewater or Surface Water Plant Operators or Plant and Equipment Mechanics,
the remaining employee in each classification shall receive $40 per month.
12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in
Exhibit C.
12.5 Equipment Mechanics are eligible to receive incentive pay of either $25 or $50 per month
for possession of Automotive Service Excellence Technician Certificates on the following
basis:
a. Only courses listed in Exhibit C will qualify towards this incentive.
b. Employees will not be paid for both certificates in cases where one is a prerequisite of
the other. For example, ASE certifications A-6, A-8 and L-1 are required by BAR in
order to obtain a smog certificate. An employee having a BAR smog certificate will
receive $50 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 per month for possession of a minimum of three
(3) certificates.
d. Employees will receive a total of $50 per month for possession of a minimum of eight
(8) certificates.
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—CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE XM -- BIO HAZARDOUSIWASTE INCENTIVE
13.1 Employees in the following classifications who are assigned to clean up bio hazardous
materials will receive $100 per month, paid bi-weekly:
Building Services Supervisor
Facilities Maintenance Worker
Senior Facilities Maintenance Worker
Facilities Supervisor
Plant and Equipment Maintenancefthmie Technician
Parks Maintenance Worker I/II/III
Parks Supervisor
Maintenance Worker II
Street Maintenance Worker I/II/III
Street Supervisor
Water/Wastewater Maintenance Worker I/II/1II
Water/Wastewater Supervisor
Wastewater Plant ❑ orator I/II/III
Wastewater Operations Su ervisor
Laboratory Technician I/II
Laboratory Supervisor
Environmental Compliance Inspector
13.2 All bargaining unit members who receive this incentive shall complete appropriate Bio
Hazard training offered by the City.
ARTICLE XIV - BILINGUAL PAY
14.1 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, paid bi-weekly. The City Manager has the
discretion in determining the languages that will be recognized.
ARTICLE XV -TUITION REIMBURSEMENT
15.1 Tuition Reimbursement will be provided as stated in the City's current Tuition
Reimbursement Policy. The City will not reduce the maximum reimbursement amount of
$3,000 or eliminate this policy during the term of this MOU.
ARTICLE XVI - COURT APPEARANCES
16.1 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.
16.2 If jury duty attendance is less than one-half (1/2) of a normal working day, the employee is
expected to return to work.
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MOU CITY OP LQl]I AND AFSCME MAINTENANCE AND OPERATORS 11NIT
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16.3 If an employee has had jury duty of six (6) 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.
16.4 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 (1'/Z) 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 (72) hours after the employee is
subpoenaed or otherwise notified of the required court appearance.
AIJMCLE XVII —MILEAGE COMPENSATON
17.1 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, not to exceed 20
miles (each direction) 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 a change by the IRS.
Cha ter 2 - Leaves
ARTICLE XVIII — CATASTROPHIC LEAVE
18.1 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 MDU. 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.
18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of
Short Term Disability
ARTICLE XIX — BEREAVEMENT LEAVE
19.1 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:
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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Spouse/domestic partner Parent/step-parent/foster parent Parent -in-law
Child/step-child Son or Daughter -in -Law Grandparent
Grandparent -in-law Brother/half-brother/step-brother Grandchild
Sister/half-sister/step-sister
or a more distant relative who was a member of the employee's immediate household at the
time of death.
19.2 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 XX — HOLIDAYS
20.1 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
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
January 1
311 Monday in January
3rd Monday in February
Last Monday in May
June 19
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 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.
Employees hired after the first pay period of the year are credited with fixed holidays plus a
prorated share of floating holidays for the remainder of the calendar year. Employees
separating from employment shall be debited the fixed holidays and the prorated share of
floating holidays for the remainder of the 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.
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MOU -- CITY OV LODI AND AFSCME _ MAINTFNANCL AND OPERATORS UNIT
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E`mployces in dic 013enitor classifications listed below inay elect to bank the fixed holidays
that occur_nn their re ular scheduled day off in lieu or observing the holiday n the
preceding` workday or the next r�iltirly scheduled workday as described ill the above
paragraph. The banked hours must be used by the end of the calendar year and will not
rollover into the next calendar year, with -the exception of the last four holidayaf the
calendar Year ffhanksgiving, the day after Thanksgiving, Christmas Eve 4 hours and
Christmas Da these holida s may be carried over to no later than March 3151 of the next
calendar Year. ilclliday_hours not used within the described timeframes will be forfeited.
Operator C lassificatlons stlhiect to [lie i minediate ly precedin ara ,i-aph:
Water Plant Operator I/II/III:
Wastewater Platil Operator I/II/III; and
Wastewater ❑ erations Supervisor (only when assigned to shill work)
20.2 Holiday time shallmay be taken in no less than quarter hour increments.
ARTICLE XXI — LEAVES OF ABSENCE
21.1 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 ZOM — SICK LEAVE
22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate
of 3.70 hours per pay period.
22.2 Sick leave may be accumulated up to an unlimited amount.
22.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave
Policy as revised in September 2010.
ARTICLE XXIII — VACATION LEAVE'
23.1 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
23.2 If conflict arises in the scheduling of vacation of employees in the same classification,
the conflict shall be resolved in favor of the employee with the greatest City seniority. The
senior employee shall receive first choice in any scheduling period.
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23.3 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.
23.4 For all persons hired after September 1, 1995 the maximum vacation accrual rate will be
6.16 hours per pay period.
Chapter 3 - Insurance and Retirement
ARTICLE XXIV — MEDICAL INSURANCE
24.1 All employees are offered medical insurance for themselves and dependents through
Ca1PERS-Medical Plans. Effective January 1, 202349, the City will contribute the
following amounts toward the medical premium:
$1;794-54- $2.005.52 per month for family
$ 6389 3 $U-.542.7 1per month for employee +1 dependent
W. 0 20 $771.35 per month for employee only
The employee will pay one hundred percent (100%) of the difference between the City's
contribution and the monthly premium for the plan elected.
24.2 If an employee waives medical insurance through the City of Lodi, the employee may at
their option take the following in cash or deposited into their deferred compensation
account (Cash in lieu):
$692.81 per month for family
$532.92 per month for employee + 1 dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided to the
City.
24.3 Effective January 1, 20230 and through December 31, 20252, 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$47,000.
IV
MOU — CITY OF LODI AND AVSCME MAINTENANCE AND OPERA'FORS QN1
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Percentage increases shall be based upon the amounts paid by City ($771.35 69��#] for
Employee only, $1.542.711"(4-3-9 for Employee + 1 and $2,005.52$4—,794-.54 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.
24.5 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 XXV — DENTAL INSURANCE
25.1 1'�Ieyees aj-e-prt,r Med ftdly���tic# c�mil y -d ��taa race. = i'lie City will the full cost
for dental prcnaiunjs for employee and eli aid ble dependents.
25.2 ee,,).:.. uni he ,-W-e-&Wk] 4*r-ewrl+-R+ni.ily niein enFoii let! j.j
ealeiiz.;; year. The annual madimint benefit is $1,250 for each family niena6er enrolled in the
dental plaii per calendar year. There is a $25 deductible plus co-insurance features.
25.3 Effective Januar 1 2023 the Cit shall rovide orthodontia benefits. up to a lifetime cao
of f $1,250 ror each person covered under the plaii,
ARTICLE XXVI — VISION INSURANCE
26.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a
$25 deductible for the employee and dependents. The entire premium shall be paid by the
City.
ARTICLE XXVII — CFITROPRACTIC INSURANCE
27.1 The City agrees to pay all costs of premiums for employees and dependents for a
chiropractic plan equivalent to the Landmark chiropractic plan.
AR'T'ICLE XXVIII — LIFE INSURANCE
28.1 The City agrees to provide a life insurance program providing $25,000 term life insurance
which includes $25,000 of 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.
28.2 The City will provide an additional $10,000 of Accidental Death and Dismemberment
insurance for each member in the Maintenance & Operators Unit.
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MOU --CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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ARTICLE
0252
ARTICLE XXIX — LONG TERM DISABILITY
29.1 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.
29.2 The maximum length of coverage is three years from date of disability.
ARTICLE XXX — WORKER'S COMPENSATION
30.1 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 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 XXXI — FLEXIBLE SPENDING AC99XNT
31.1 The City will maintain a pre-tax "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. Effective in plan year 2023, the Medical Flexible Spending
Account (FSA) will includes a carryover provision which allows an active participant to
automatically carryover up to the IRS l imit ($550 00 lo�year_ 2023to the new plan
year. Carryover allowance tray .increaseyear to year doending on IRS limit. However,
amounts over $500 would be forfeited after the final filing date, if left unclaimed.
ARTICLE XXXII — DEFERRED COMPENSATION PLAN
32.1 The City and AFSCME agree to the implementation of the following program effective
July 1, 1977.
32.2 The City shall match contributions by Maintenance and Operators employees to a deferred
compensation program up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXHI — PERS
33.1 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)
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MOU -- CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNFr
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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. (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.
i. Employee shall pay employee share of retirement at 7% effective December 31, 2013.
33.2 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 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.
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.
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MOU — CITY OF LODI AND A.FSCME MAINTENANCE AND OPERATORS UNIT
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i. Employee shall pay employee share of retirement as calculated by PERS in its annual
actuarial valuation.
33.3 Effective May 20, 2019, in accordance with California Government Code §20516 contract
amendment process requirements, each employee in the unit shall pay three percent (3%)
towards the employer's share of CalPERS normal pension cost (cost-sharing). Effective
July 13, 2020, each employee in this unit shall pay an additional one percent (1%) towards
the employer's share of CalPERS normal pension cost (cost-sharing). Effective January
11, 2021, each employee in this unit shall pay an additional one percent (1%) towards the
employer's share of CalPERS normal pension cost (cost-sharing). Effective January 10,
2022, each employee in this unit shall pay an additional one percent (1%) towards the
employer's share of CalPERS normal pension cost (cost-sharing).
ARTICLE XXXIV — SICK LEAVE CONVERSION
34.1 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:
Q )tion 91 -- 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 ''/z% 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 XXIV. 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 '/z % 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).
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MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
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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 43 — PERS CREDIT
34.2 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.
34.3 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 and 2. The only option
available to these employees is Option #3, PERS credit.
34.5 Option #3 is available to all represented employees meeting PERS eligibility requirements.
34.6 If an employee opts to utilize the provisions of Option #1, or Option #2, the City will report
to PERS they have zero hours of unused sick leave.
Chapter 4. Union/Cit, Ids
ARTICLE XXXV — UNION LEAVE
35.1 Whenever any employee is absent from work as a result of a formal request by the
AFSCME to send an employee 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.
35.2 The City agrees to provide storage space to AFSCME for union materials.
ARTICLE XXXVI — DEMOTION AND LAYOFF
36.1 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.
36.2 Bargaining unit has the ability to appeal a layoff decision made by Human
Resources to the City Manager.
ARTICLE XXXVII — CHANGES IN MEMORANDUM
37.1 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
21
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
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 XXXVIII — CITY RIGHTS
38.1 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 XXXIX — EMPLOYEE REPRESENTATION
39.1 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.
22
MOU — CITE' OF LODI AND AFSCME MAIN: i'F NANCE AND OPERA"[_OILS UN ET
20220 - 20252
39.2 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.
39.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership — All employees covered by this Agreement shall have the
opportunity to be a member of AFSCME. The CITY will inform all new hires and
employees promoting into the bargaining unit of the existence of this Collective
Bargaining Agreement, 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. Membership status shall remain in effect per the terms set forth in the AFSCME
Membership Application. Only AFSCME members are afforded exclusive UNION
membership rights.
c. 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.
d. 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.
e. Payroll deductions shall be limited to the following choices:
Union Membership Dues
AFSCME Voluntary Political Action Check Off (PEOPLE)
f. 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.
39.4 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
23
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS -UNIT
20220 - 20252
date, location, time and general purpose of such meeting. The City may establish
reasonable regulations governing the use of such facilities.
39.5 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.
39.6 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 XL —GRIEVANCE PROCEDURE
40.1 This grievance procedure shall be used to process and resolve disputes regarding the
interpretation or application of any of the terms and conditions of this MOU, letters of
understanding, formal interpretation or application of any of the terms and conditions of
this MOU, letters of understanding, formal interpretations and clarification executed
by AFSCME and the City.
The intent of this procedure is to resolve grievances informally at the lowest possible level
and to provide an orderly procedure for reviewing and resolving grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute between
the City and AFSCME involving the interpretation, application, or enforcement of the
express terms of the MOU and other terms and conditions of employment and matters of
discipline which includes demotion, suspension or discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City or the
authorized representative of any party. The employee is entitled to representation through
all steps in the grievance procedure.
40.2 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 (i.e.. pay reduction). of an individual
employee. 1- raj-ilo-yees shall have the Fight t.. ,., :' �� x�i tk�r�►EEgla i
cl-u �3epanflle,,. r W--or--d Hign�'e— ;, .:i i�3�
Del+artt�er�t __L�ire�4c��-rix--desi�r�ee— �:,�--��—art�i•--l�Ei+���-frail--fte�--mfr}er�t---lc��r-O�er
c. Disputes as to whether a matter is proper subject for the Grievance Procedure.
24
MOU —CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
u_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.
4-.e.Employees sliall have the right to grieve letters of reprimand through the chain of
cottmmantl tip to the anoneiit Dire City Matigger or desigiiee. _ he decision of
the ItaA•4;1A•4' F,:P^'s... City Maitaaer or. clesi nec is final and binding and not stibiect
to further grievamce.
40.3 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.
40.4 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.
40.5 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.
40.6 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:
25
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
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.
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
26
MDU --- CITY OP LOBI AND Al!SCMk'_s MAINTENANCE AND OPERATORS UNIT
20229 - 20252
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.
40.7 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.
40.8 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.
40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to
Step 3.
40.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE ?CLI -- MUTUAL CONSENT CONTINGENCY
41.1 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 XLII — NO STRIKE, S
42.1 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 XLIII — PROBATIONARY PERIOD
43.1 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.
43.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
a. Vacation Leave — See Article XXIII for vacation schedule.
27
MOU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
b. The use of the Grievance Procedure to grieve termination.
c. The City and the employee may mutually agree to extend the probationary period in
increments up to 6 months. The total extended probationary period shall not exceed
twelve (12) months. AFSCME must be notified of all extensions by Human Resources.
43.3 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 XLIV — PROMOTION
44.1 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.
ARTICLE XLV — SENIORITY
45.1 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 injury,
d. on leave of absence, or
e. absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLVI — SHOP STEWARDS
46.1 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 XLVII — STATUS
47.1 Employees shall be designated as regular or probationary.
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 X (Probationary Period).
28
MOU — CITY DF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 20252
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, and satisfactory
performance, a probationary employee shall be given the status of a regular
employee.
ARTICLE XLVIII — TERM
48.1 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, 2020 to December 31, 2022.
29
MDU — CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT
20220 - 2025-2
CLASSIFICATION PLAN
Maintenance & Operators
Effective January 9, 2023
EXHIBIT A
Mail - CITY N LODI AND AFSCME MAINTENANCE AND DPEF ATORS UNIT
1 20220 - 20252
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20220 - 20252
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32
A.F.S.C,M.E. COUNCIL 57
LOCAL 146 -AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
CITY OF LODI
A MUNICI PAL CORPO11AT[ON
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney
Attest:
Thomas Gabriel, M&O Representative
Date:
Olivia Nashed, City Clerk
Derrick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date: