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Home My WebLink AboutAgenda Report - May 7, 2003 E-11CITY OF LODI COUNCIL COMMUNICATION AGI^ N DA TITL : Adopt Viernorand= of Understanding betNveen Cite of L odi. and Lodi -N/111d- Managc3.l'ient. Assoc i'Mion (LCMMA) MEVI` N DATE: Wednesday. May 7, 2003 SUBMITTED BY: Human Resources Director RECOMMENDED ACTION: That the City Council accept the Mezxaorandum of Understanding or Lhe I_.odi City ��l.id-Nl anagement Association (LCMNIA). BACKGROUND INFORMATION: The City has recently completed zacgotiations with theN;Iid- Nlzmagt zmt :t bargaining unit, represented by the Lodi City Mid -Management Association (LCMM.A). hi Februan�s the, City Comncii accepted the tentative agreement with the LCMMA. I`Iae agr��z��nt was subsc.qu zatly ratificd. by the i.. -CMM A, A Mem.orLmdum.. of Understmiding has been prepared and is zao%ly° broz.ght hash: to th� City C'c;�rzcil for I:orzaaa! adoption. FUNDING- c " ,A Respectfully submitted, to arzrz T. ? larloch, Human RcsourcEs Director c€ : C.ily Attorjl?'- CUF .11-11-18, LC" vile, A PrIesident 111 c Marc d By: Tina Pederse «, Admimstrati.vc Secretary . d ixc t fl"n -- City Manager er RESOLUTION NO, 2003-77 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve and accept the Memorandum of Understanding f9r the Lodi City Mid - Management Association, as shown on Exhibit A attached hereto; and BE IT FURTHER RESOLVED that said Memorandum of Understanding shall be effective January 1, 2003 through December 31, 2005. Dated, May 7, 2003 I hereby certify that Resolution No. 2003-77 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 7, 2003, by the following vote- AYES- COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock NOES- COUNCIL MEMBERS — None City Clerk J -BETWEEN CITY OF LODI �, k Table of Contents Page. Salary and Tenn 3 Article 11 Uniform Allowance 3 Article III Deferred Compensation 4 Article IV Flexible Spending Account 4 Article V Chiropractic 4 -Article V1 Education Incentive 5 Article V11 Overtime 5 Article Vill Retirement 6 Axticle Ix Vacation Leave 7 Article X Administrative Leave 7 Article X1 Holidays 8 Article X11 Sick Leave 9 Article X111 Sick Leave Conversion 9 Article X1V Executive Physical Examination 11 Article XV Medical Insurance I I Article XV1 Dental Insurance 12 Ailicle XIVII Vision Insurance 12 Article WHI Life Insurance 12 Article XIX Long -Term Disability Insurance Aiticle XX Leaves and Leaves of Absence 13 Article XXT Tuition Reimbursement 14 Article XXII Probation 15 Article XX_111 Personal Liability 15 Article XXIV Grievance Procedure 16 Article XXV Disciplinary Procedure 17 Article XXVI City Rights 22 Axticle XXV11 Employee Representation 22 Article XXVIII Severability 23 i - GEMENT City of Lodi Lodi City Mid -Management Association 1.1 Effective the first pay period in which January 1, 2003 falls, all classifications shall receive an equity adjustment as shown in Schedule A. Effective the first pay period in which January 1, 2004 falls, all classifications shall receive the general wage increase as shown in Schedule B. The cost of living increase that is to be received on this date will be added to the arriounts shown on Schedule B, Effective the first pay period in which July 1, 2003 falls, employees will receive a cost of living adjustment based upon the consumer price index (CP I - W), San Francisco -Oakland - San Jose. The increase will be no less than 2% and no greater than 4% and calculated using the most recent twelve month average that is available- and issued by the Department of Labor as of June 15, 200-1, Effective the pay period in which January 1, 2004 and 2005 occur, cost of living adjustments will be adjusted using the same methodology and a reference date of December 15". 13 The terms and conditions of this MOU shall continue in effect during the ten n of this MOUB The parties agree the term is as follows. Three years commencing January 1, 2003 thro ugh December 3 1, 2045. 1.4 The parties mutually agree to commence negotiations no later than three (3) months prior to the expiration of the MOO. 2.1 The City agrees to provide the Police VolunWer Supervisor with an allowance of S825M per year. 3 s OCIATION -MOU 2003.200 2.2 The uniform allowance shall be paid quarterly in conjunction with regular pay checks in the months of March, June, September, and December and shall be for the previous three months, 23 The, City agrees to repair or replace uniforms damaged or destroyed on duty unless gross negligence can be shown on the hart of the employee. Receipts shall be required prior to rei burserne L 3.1 Eniployees may participate in the City's Deferred Compensation Flan 12 City matches up to a rnaximu.m of 10% of base salary, The City will match up to maximum of 10% of base salmi effective the pay period in which I/l/04 falls. _ARTIQI_XIVL-_EL,EXI13LE SPENDING ACCOUNT 4.1 Employees shall have the option of participating in the ,Flexible Spending account (Section 125 Plan). Employees may elect to participate in, a) Premium Conversion b) Non -reimbursed Halth Care C) Dependent endent Care Reimbursement 4e2 Elections for the calendar year will be made each December, or if a change in family status occum, Money not used by the end of each calendar year will be forfeited by the employee. 5.1 Chiropractic services may be received. by employees and dependents through a chiropractic insurance plan. 4 CITY OF LDI AND COAT CrF D -MANAGEMENT ASSOCIATION IATION - MOU 2LO3-2€ 05 ARTICLE .l Education incentives will be available to eligible employees for specified degrees, certifications, and licenses. U Pn i k The ciassi cations listed below shall receive $40.00 per month (maximum $150.00 per month) for each grade at or above the grades shown: Assistant Wastewater Treatment Superintendent Wastewater Treatment dant Operator Certification, Grade V Indic €rial Waste Inspector Certification, Grade II Laboratory A n lyst Certification, Grade II Mechanical aint nano Certification, Grade 11 6.3 The Parks Superintendent will receive education incentive in accordance with the following schedule: Pest ` ntrol. vicar°s License. e............ $50.00 per month Certified r°borist. a . , .. > ... a .............. . . 50.00 per month ` ` - OVERTIME ?.l Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime requirements of the Fair Labor Standards Act ( SA), the following special provisions for the payment of overtime will apply. Employees shalt be compensated for overtime at the time and orae -Ralf rate for time worked due to emergencies. Emergencies shall be determined by the appropriate department head and include .but ate not limited to such everts as. Major stop -n damage requiring the dispatching of additional crews; The necessity to cover scheduled shifts; Direct supervision of crews assigned to work during normal days off to accommodate the pudic: 5 I� c`� ��t �� I Iii-T�s;iv��i'r .A.C�Ct�RT2C) _ �t3L1 2�it33�2C�Q5. Break down of equipment and/or systems requiring the presence of the raid-mana er in order to restore service. 7.2 Overtime pay shall not be paid for the following: Staff meetings Special projects Conferences and seminars - except as noted below Appearances before City Council and commissions, Public information presentations, Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labor negotiations, and recreation programs. 73 All overtime must be approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Manager, 7A Upon promotion into a Mid -Management position only previously accrued compensatory time must be paid or used prior to the promotion. ,1. Thi City of Lodi provides retirement benefits through the Public Employees Retirement System, Employees shall receive the following retirement benefits. Miscellaneous 2% @ 55 plan W 1957 Survi'voTs Benefit 0 1959 (Plus 25%) Survivors Benefit Ordinary disability vested at 30% at years increasing 1% per year to maximum of 50% 50% survivors continuation Employee's 7% paid by City Credit for Unused Sick Leave Military Service Credit as Public Service $.11 Duringthe term of this agreement, the City agrees to meet and confer with the L CM A over proposed CalPERS plan amendzriems. I ARTICLE IN - V 4CATION WE 9,1 Employees hired prior to July 1, 1994 shall receive the following vlacation.bonefits: Beginning with: 108 hours per pay period (10 days per year) Date of Hire, 3.08 hours per pay period (10 days per year) 6th year 4,62 hours per pay period (15 days per year) 12th year 5,23 hours per pay period (17 days per year) 15th year 6.16 hours per pay period (20 days per year) 21st year 6.47 hours per pay period (21 days per year) 22nd year 6.78 hours per pay period (22 days per year) 23rd year 7.09 hours per pay period (23 days per year) 24th year 7,40 hours pe -r pay period (24 days per year) 25th year 7,71 hours per pay period (25 days per year) 9,2 Frnployees hired after July 1, 1994 shall receive the following vacation benefits. Beginning with: D.ate olHire: 108 hours per pay period (10 days per year) 6th year 4.62 hours per pay period (15 days per year) 12th year 5.23 hours per pay period (17 days per year) 15th year/above 6.16 hours per pay period (20 days per year) 9,3 Binployees promoting into a Mid -Management position will follow the vacation schedule referenced in articles 9.1., or 92, depending on their initial employment with the City of Lodi 9A Vacation leave shall be used in increments of not less than quarter hours, Vacation may not be carried over to the subsequent year in excess of the amount eamed in a calendar year unless authorized by the City Manager. -ARTICLE X - -ADMINISTRATIVE LEAVE 10A Employers will be given 80 hours of administrative leave per calendar year. Leave shall be taken in increments of not less than quarter hours. Balances must be used prior to December 30 or they will be losL 10,2 New employees or employees becoming eligible due to a promotion receive , a I I I I 4ministrative leave on a prorated basis, with eight hours granted for each full calendar month remaining in the calendar year with a maximum of 80 hours. 7 I i3 I ANI7 t €7 I IT IT -MANAGEMENT ASSOCIATION 20ti3a2QQ.5 1.0.3 Employees separating mid -year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with 1€1.2. 10.E Employees are eligible to cash out up to 40 hours of their current Administrative Leave balance in any calendar year except in the months of May and June. A request to cash out :administrative Leave rest be in writing and submitted to the Finance Department.. ARTICLEX11 - HOLIDAYS l i,l All employees shall receive fou' floating holidays and the followinig eight and one-half fixed holidays. New Year's Day President's Day Memorial Day Independence Day Labor. Day Thanksgiving Day ® Day after Thanksgiving Day luistx as Eve (4 hours) ;htistw s Day January I 3rd Monday in February. Last Monday in May July 4 I st Monday in September 4th Thursday in November Friday after- Thanksgiving Day December 2 Effective January 20, 2004, Martin Lutknf,�r King, Jr. birthday will be observed as a fixed holiday, i l Fixed holidays occurring on Saturdays shall be observed on the preceding Fridays; Sunday holidays will be observed on the following Mondays, with the exception, that if the, following Monday were a holiday, the Sunday holiday would be taken on the preceding Friday. 1103 Electric Utility Mid -Management employees shall receive five floating holidays and the following seven and € ne-half fixed holidays: New ear's Day Memorial Day Independence Day Labor Day w Thanksgiving Day January I Last Monday in May July 4 1"Monday in September 4" Thursday in November 0 * Day after Thanksgiving Day * Christmas Even (4 hours) * Christmas Day Friday after Thanksgiving Day December 24 December 25 11.4 Holiday hours shall betaken in increments of not less than quarter hours and may not be camed into the following calendar year, 11.5 If hired or, separated mid -year, employee shall be credited or debited with fixed hc,lidays remaining plus floating holidays per the following schedule: Four Floating Holidays, .Month-1-1—ired or SeaaratedpAyLadded DAys Subtracted Jan Feb March 4 April May June 3 2 July Aug Sept .2 1 Oct Nov Dec 1 0 ,ARTICLE XII - AICK LL AVE 12 ,1 Sick Leave is earned at the rate of 3,70 hotirs per pay period with no limit on the amount that can be accumulated, Total sick leave accrued is 12 days per year. Sick leave shall be ,Uiken in increments of not less.than quarter hours. 13.1 Employees hired prior to July 1, 1994, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums or cash under the following options. (LPIIQIN P-1 - _"&qnk" The number of accumulated hours shall be reduced by 16-2/3% and the remaining balance converted into days. The days are then multiplied by the current Monthly pnmiium being paid for the employee and, if applicable, his/her dependents, Fifty percent of that dollar amount will be placed into a "bank" to be used for medical insiurance prerniurns for the employee, and if applicable, his/her dependents. For each vear of employment over 10 years, 2.5% will be added to the 5011/o used in determining, 9 "bank" amount, Total premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops. Employees may also use their banks money to purchase Dental and/or Vision Insurance at the current premiums until their bank is depleted, _OPTIONT #2 - 'fQn-yersion" I lie number of accumulated hours shall be multiplied by 50% and converted to days. The City sliall pay one month's premium for employee and dependents for each day after conversion.. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The arnount of premium paid shall be the same as the Premium paid by the City at the time of retirement, Any differences created by an increase in premiums must be paid for by the employee, QP�TIQN#3 - "Cgsh--Cut" A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the, rate of _30% of base pay per hour. A retirika employee will be able to convert unused sick leave to service credit for Cal PERS retirement purposes. 13,2 Employees hired after July 1, 1994 will not have the option of converting unused sick leave time into medical insurance premiums or cash as referenced in OPTION 1-3, The only option available to these employees is OPTION #4 "PERS CREDIT". 133 In the event an active employee dies before retirement and That employee is vested in the Sick Leave Conversion program (to years) the surviving dependents have an interest in one-half (1/2) the value of the bank as calculatQd in section 13.1. 13A J'he City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion program to purchase medical insurance at the employee only premium for the same period as if the retiree had not died, 13.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any,. has the option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time, 1.16 Out of area retirees may receive reimbursement for medical insurance prenu . ums up to the City's liability as specified in Section 13.1; Option #2, 10 13.7 Only one City of Lodi employee may carry dependent coverage for another City employee, therefore, upon retirement the employee may re -enroll as ars individual into the health plan in order to take advantage of the Sick Leave Conversion program. 13,8 A retiree or surviving dependent may purchase dental and vision insurance at the City roup rate through the Sick Leave Conversion Bank option, . 14.1 mployms may elect to receive an executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee's physician. A complete office examination Urinalysis :pap smear Eli (resting) An executive blood panel mammogram ani Chest -ray 14,2 Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in 14.1 only. Any additional tests judged ri cessary shall be the responsibility of the employee, Employees must submit all related receipts, attached to a claira voucher, to the Finance Department for reimbursement, ARTICLY- l .L NS NICE, 15,1 All employees are offered medical insurance for themselves and dependents through Cal P S -Medical Plans. City shall pays 100% premium for employee only up to the highest HMO available its our geographical area. Effective as soon as administratively possible, employees shall contribute $80.00 per month for Employee Plus One and 104,00 per month for full family coverage. Should an employee decide to elect single medical coverage, the City of Lodi will deposit $25.00 per Pay period into the employees deferred compensation account. if no coves e is elected $71,15 per pay period will be deposited into the employees deferred compensation account. ��'�'� �3 �.,�.3� � �I�I �"�'� ii�i�M�.1��.G�I�iT .�5�3�IA��f�� --• �Q�3 E��3-�t��S 15e2 Only one City of Lodi employee may cagy dependent coverage for another City employee, Co -payments incurred due to the loss of drat coverage will be reimbursed by the City of Lodi on a quarterly basis. 16,1 ffiployees are provided fully paid family dental insurance. 16.2 lqaxirnunn benefits are $1,000 for each family member enrolled into the dental plans per calendar year, Where is a 25 deductible plus co-insurance features. _ARTICLE d VISION l NSURANCE 1.7,1 Employees are provided with family vision care insurance through Vision Service Plan, Services and amount of coverage are outlined in. the VSP Sw=ary of Benefits, 1 • l Employees are provided with term life and accidental deathf ismerrab r ent insurance. In general, this benefits will be effective as scan as administratively possible to 2 times the annual salary to a maximum of $250,0W The amount of insurance to reduce to 5% after the 701" birthday but before the 75" birthday. The amount of life insurance after the 75"' birthday is reduced to 5M In addition, a spouse will be covered for $1,500, Dependent children between the ages of birth through the 20"' birthday will be covered for $1,500 insurance. M2 Employees are provided with $100,000 of accident insurance while traveling on City business outside the City limits, Spouses are only covered while acro p nying the City employee can City business, or while conducting business can behalf of the City. 183 Employees are also provided with a $25,000 accidental elecath policy in the evert of death resulting from a line -of -duty injury. M 19,1 Employees are covered under a long term disability plan as follows'. Monthly LTD Benefit Amounts would. be-, 0 66 2i3 of your basic monthly ea iD s a To a maximum of $10,000 per month 'in some instances based on the determined date of disability, your LTD benefit may be governed by the terms of the previous policy; R Two-thirds of the first $3,000 of monthly gross salary ($2,000) plus One half of the next S2,000 of monthly gross salary.( 1,000) The total monthly benefit carrot exceed ($3,004) Augmentation with sick leave or other paid leave may be made to bring an employee's payrnent up to usual net pay, to include provisions for the employee's regular payroll ll deduction. s. 19,2 Employees qualifying for coverage shall receive long -tear disability benefits commencing on the 61st calendar day following the last day worked. Medical insurance coverage will remain in effect until the last day of the month in which the employee was placed in a leave without pay status. The City will continue the employees medical coverage for 90 days thereafter and life insurance for 1 year. Other benefits and obligations must be met by the employee, Lon -teat disability benefits are coordinate with other benefits received during disability, such as Workers` Compensation tenipor°ary disability payments or PERS unmodified retirement allowances. l9,,, Employees must submit a physician's c ertifig4te prior to retuming to normal work duties. 20.1 Employees shall receive ali leaves and leaves of absence in accordance with Federal and State mandates .and City policies. N CIS 20()I-mni 20.2 Family Medical Leave a) Family Medical Leave is available to employees upon reasonable request unless such request qualifies and an exception to eligibility for family medical leave, or that granting the leave would cause undue hardship. b) Family Medical Leave is leave of absence up to a total of four (4) months from the date leave commenced within a 12 -month period for the following, reasons-, 1) Birth of a child of the employee and in order to care for such child or the placement of a child with an crnployee in connection with the adoption or foster care of child by an employee (such leave must be taken within. the 12-nionth period following the child's birth or placement with employee); or 2) To care for a child, parent or spouse of the employee who has a serious health condition, or 3) Because of a serious health condition that makes. the employee unable to perform the functions of his/her position, C) The terms and conditions for leaves of absence without pay pertaining to the medical benefits are applicable to Family Medical Leave in accordance with the City of Lodi Administrative Policy and Procedure. 21e1 Employees shall receive the following: !) Tuition costs, Lip to a maximum of $1,804 per fiscal year, to be paid upon the satisfactory completion of course work. 2) The full co-st of books required for courses taken. The maxiin um amount reimbursed is based on fees for two courses of study at California State University Sacramento. This maximum amount will be updated annually. A. fiscal year is the period betwcen July I and June 30. The final date of class shall determine the fiscal year in which that course falls, This section will be applied toward registration fees at an accredited College or University. Course work must be part of a program of study toward obtaining an Associate of Arts, Bachtlors, or any higher degree. El gIlY OF LQI Ami L I I T3.Y - t A C I TIQ�% T1IC3U ;Q362fi(JS 22.1 Employees have a probation.ary period of one year, During.probation, new hires have the same rights and privileges as regular employees, exci�-lat that: City and employee may mutually agree to an t tension of the probationary period up to six additional months. Termination cannot be grieved. New hires and promotio a. appointments shall be eligible for a .merit increase at the completion of probation. A Employees shall be indemnified and held harmless by the City against all, costs, legal expenses, and liability arising out of decisions made in their capacity for the City of Lodi and/or from any cause of action for property damages or damages for personal injury, including death, sustained byperson(s) as a result of a decision made in their capacity, except that: A, The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the City determines Haat: l . The act or omissions was not within the scope of their employment; or . They acted or failed to act because of actual fraud, corruption, or actual malice; or 3. The dQfense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former, employee - B. . The City is not required to but may pay any claim of judgme t for punitive or exemplary damages winder the following circumstances'. i, The judgment is basad on an actor omission of an employee or former ernplovee actin- within the course and scope of their employment as aro employee of the City. �S 2, At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City, 3, payment of the claim of judgment would be in the best interests of the City. 24.11 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: A, interpretation or application of any of the tenris of this agreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifications executed by the Association and City. Disputes as to whethex. a matter is proper subject for the Grievance Procedure. e� Disputes which may be of a "class action" nature filed on behalf of the Association or the City. 24,2 Class action Grievances shall be submitted in writing from the LCMMA's President to the City Manager or vice versa. 243 STEP ONE Discussion between the employee, the Association Representative and the Department Read, who will. answer within fifteen work days. This step shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 24.4 STEP TWO If -a grievance is not resolved in the initial step, the Step Two shall be a discussion between the employee, and the Association Representative and the Department Head who shall answer within fificen work days. This step shall be taken within fifteen work- days of the date of the Immediate Supervisor's answer in Step One. 16 if a grievance is not resolved in Step Two, Step Three shall be the presentation of the grievance, in writing, by the Association Representative to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance, The City Manager's decision. shall be final and binding, Step Three shall be taken within fifteen work days of the date of the answer in Step Two. 2 253 Basis, The City may discipline any employee in City service. Discipline, may include discharge, demotion, suspension, reduction in pay, or oral or wiitten reprimand, Only regular employees shall have the right to hearing and appeal as described in this section, 25,2 FLS A Exempt Employees: With respect to employees in classification deemed exempt from the ovQrfime requirements of the Fair Labor Standards Act (" FLS A) disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the FLS 's governing regulations. 253 Cause: Causes for discipline of any regular employee may include, but shall not be limited to, the following: A, Improper or unauthorized use or abuse of sick leave, B. Excessive absenteeism that prevents reasonable availability for assigned duties. C. Absence without authorized leave; repeated tardiness to assigned work, station; ieavinc, assigned work without aut�orization; failure to report to work after a leave of CL absence has expired, or after a,leave of absence has expired, or after a leave has been disapproved or revoked. D, Misconduct; willful or negligent violation of the personnel rules, resolutions, and/or other related ordinances inciuding written departmental rules, regulations, and policies, E. Insutvrdination; F. Acceptance of gifts or gratuities'in connection with or relating to the employee's duties, a G. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude in deemed to be a conviction. 1. Fraud or the submission of false information. related to employment application, payroll, or any work-related record or report. to Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely affects the employee's City work performance, or conducting personal business on City time. J. Discourteous treatment of the public or City employees or disorderly Oonduct on City property or on City business including fighting, or using profanity, intimidation, abusive or threatening language. K. Conduct that interferes with the reasonable management, operation and discipline of the City or any of its departments or divisions or failure to cooperative with superiors or fellow employees. L. Engaging in political activities on duty, in uniform or using the authority associated with City employment. M. Violation or neglect of safety rules or practices. N_ Behavior, either during or outside the duty hours, which is of sAiieh a nature that it causes discredit to the City or one of its operating services. . Discrimination, including harassment, against tether employees or members of the public, on the basis of race, coker, national origin, religious creed, ancestry, sex, sexual preferenQe, marital status, age or physical handicap. P, Inefficiency, incompetence, or negligence in the performance of dirties, including failure to perform or complete assigned tasks or training, in a prompt, competent, and reasonable manncra e Refusal or inability to improve }cab performance in accordance Nvith written or verbal direction after a reasonable trial period. R. Refusal to accept and carry out reasonable acid proper assignment from an authorized supervisor. S. Possession or use of controlled substances or alcohol on City property andifor at the worksite. 18 T. Intoxication, intemperance, or incapacity due to. the use of controlled substances or. . alcohol while on duty. U. Failure to obtain or maintain possession of the minimum qualifications for the position. V. Careless, negligent, or improper use of City property, equipment or funds, incl ding unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property. W. Unautborized release or use of confidential information or official records. X, Participation in an illegal strike, work stoppage, slowdown, or other job action against the City. Y, Inability to perform the duties of his[her job. Z. Dishonesty. ..AA, Possession of firearms on the job. BB, Sleeping on the job. DD, Retaliation for actions protected by law. F - F-, Failure to report loss of or damage caused to city equipment and/or facilities for which the employee was responsible. FF, Threats of violence against City employees and/or City property. 25,4 Persons Authorized to Take Disciplinary Action. Employee discipline may be initiated by the City department head for cause against any employee under his/her supervision, Disciplinary actions in the form of termination or discharge shall be subject to final approval of the City Manager. 25,5 Notice (except in the case of oral or written reprimand). Notice of Intended Disciplinary fiction shall be prepared in writing by the department head proposing the discipline and shall be served on the employee in person or by registered or certified mail. Notice shall be served prior to thQ action becoming effective; however, where circumstances require immediate removal of the employee from the workplace, notice shall be provided within two (2) working days from the date the employee is removed from the workplace. 19 Employees so removed shall be placed on paid leave pending imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also be filed with the Human Resources Director. The written Notice of intended Disciplinary Action shall contain the following information, I L The specific type of disciplinary action; 1 The effective date of the action; 3, The specific reason(s) or cause(s) for the actions: 4. Notice that the employee may inspect copies of all materials upon which the action is based, and 5 Notice that the employee has the right to respond orally or in writing within tern (10) days to the department head initiating the disciplinary action. No hearing before tho City Manager is available to review oral or written reprimands. An employees who responds orally or in writing to the department head shall be entitled to meet in an informal conference with the department head and shall be given the opportunity to -rebut the charges against him/her or to state any mitigating circumstances. Ili the case of oral or written reprimand, the department head's decision shall be final. In the case of discharge, dcmotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose,, rescind or modify the proposed disciplinary action. The recommended proposed disciplinary action shall also be served on the employee. The recommendation shall contain: 6. The specific type of disciplinary action; 7. The specific rcason(s) or cause(s) for the actions; 25.6 Final Notice of Disciplinary Action: Following review of the department head's recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective date, and the employee's appeal rights, Disciplinary action shall become effective on the date stated in the Final Notice of Disciplinary Action, unless the date is otherwise extended by the City Manager. 2, The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally to the employee or shall be sent by registered ear certifted mail.. 20 .... .. ...... QITy 2003-2005 25,7 appeal of DisciplinaryAction: In the event of a demotion, suspension or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision, The employee may appeal disciplinary decisions by filing a written appeal with the Human resources Director within fifteen (15) work days following service of the Final Notice of Disciplinary fiction. The written appeal shall contain a written reply to the charges against the employee and a^written request for an appeal hearing. The employee shall submit a copy of the appeal to the City Manager. 25.8 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer to hear the appeal and submit an advisory decision to the City Manager. The hearing officer shall adhere to the following standard of review and hearing procedures - t.. The appeal hearing shall be informal and strict rules of evidence shall not apply 2, The parties will have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation. 3, The hearing officer may exclude testimony or evidence which be/she determines irrelevant or unduly repetitious. 4, Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at tile hearing only while testifying and should be pennitted to testify only in the presence of the employee or his/her representatives and the City's representatives 5, The. appeal hearing will be held on the City's premises. , in conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual.. Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decisioar€g he,/she may not substitute his/her judgment for that of management's as to the level of discipline imposed. Should the hearing officer not affim, the factual basis for the discipline, the normal remedy will be to remand the ratter to the decision level where the error occurred for reevaluation and/oar correction consistent with the hearing officer's findings. In such a case, the hearing.,- officer earingofficer will have. the authority- to retain jurisdiction over the appeal to ensure compliance with the remand decision. . The coast of the hearing officer shall be borne by the City. The parties -v ill share equally the cost of the court reporter and each side will bear their respective casts of repmscn t tj onr 21 I`r`k OF L I AND 3-2005 25.9 Any decision of the City Manager shall be kraal and binding. 25.10 Judicial review of any decision rendered under this section shall be governed icy Gude of Civil Procedure section 1094.5 25.11 For employees covered by the requirements of California Government Code section 3.300 eta sett., the appeal procedures in this section shalt be deemed to comply with and Willy satisfy the, right to azo administrative appeal under Goverment Code section 3344. 26It is further understood and agree 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 beards Set standards of service Detenuine the procedures and standards of selection for employment Direct its employees Maintain the efficiency of governmental operations ® Determine the methods, means, and personnel by which gov.ernrta.ent operations are conducted Tale all necessary actions to carry out its mission in emergencies Exercise complete control and discretion and the technology of perforrning its work. City fights also include the right to determine the procedures and standards of selection for prolnotion , to relieve employees from duty because of lacy of work or other legitimate reasons, to rake and enforce standards of conduct an discipline, and to determine the content of job classifications; provides, however, that nothing herein may be read to extend the terra of the MOU nor to supplement ntegotiatiorts as a means for arriving at terms for a successor MOU, rtlKle X XYI EMIT TATION ?.l ""his Memorandu ,of Understanding (MOU) is entered into betwt,-en representatives of the amity of Lodi (City) and representatives of the Lodi Mid -Management Association (LA). The parties hereto acknowledge and agree Haat this MOU constitutes the result of meeting and confeming in good faith as contemplated by Section 3500 et seq., of the Government Cade of the 22 I`1 t I 1 C I rai CS I Y II3- A Cx i i 5 3 �4 I I�i�i - MOU 2€ 03®2005 State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth herein. Both parties each certify without reservation that ars adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject ratter during the course of collective bargaining preparatory to signing this agreement. The City will meet and confer before changing a policy or rule that is subject to meet and confer under the ey ers-Mi zas-roAct i A . The terms and conditions of this MMU shall continue in effect during the term of this MOU. The City and the LC .1 A agree and understand that if any section of the MOTS conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure, city resolutions, or city ordinances, etc, any ambiguity will e resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document (i.e, policy manual or rules for personnel administration) is controlling. Stag arid Federal laws will be adhered to. The City agrees to recognize LCMMA representatives forthe purpose of representing members of the M MA on all matters relating to the administration of this MMU, and upon the request of an employee, on adverse actions and other natters which may be or are on appeal in accordance with the discipline article of this MOU. Article XY' - SE�VERABILITY 28.1 In the event that any provision of this M U is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shalt continue in full force and effect. 23 P ,,- i - e-ff,,ptive '11112003 Accountant I Accountant 11 Sr. Accountant tic ng Manager Arts Coordinator 1 Assistant Wastewater Treatment Superintendent Assistant 'A' 'ater/Wastewater Superintendent Chief Building Official City Engineer 7 City Planner I Conununity improvement Manager construction Project Manager ICustomerS nd Revenue Manager crvice a ------------ Bata processing Manager Electric Systems SU-pLrn-sor- Electrir Utility Rate Analyst Electric UtilitY SuPerintendent lectri al E2n_gineor 'r4 Fleet and Facilities Manager -- iformation Systems Coordiz�-ator Info,-mation systems Manager rM---a�ra-gem-ent -Ani=lyst I Manage mentnt An Analyst 11 -lee Fral' anagement a:lyst Trainee M M al �! Ma-nager,Business Planning & M arketing lana tric services 1 L. Manager Fngineering, and Operations---- ATTACHMENT A 24 te B 46 t 3732,82 3919.46 4115.44 432111 4537.27 4106,11 4311.41 4526-98 4753,33 4991.00 4516.72 4742.55 4579.68 5228.67 S490JO 5502. . 73 5777.87 . . . . . . . . . . . . . 6066.76 870.10 6698.61 3548.55 3725.97 3912.27 4107.89 4313,28 4904,29 5149,50 5406.98 5677.33 5961,19 4904.29 5149.50 5406.98 5677.33 5961-19 5512,64 6313.09 5.78917 662V5 60770 6960.19 , 6381.57 7308.20 67. 0.6 7673,61 5812.74 610338 6408,55 6728.98 7065.43 5219.05 5490.00 5754.00 6041.70 6343.79. 4376,82 5003.47 4595,66 5253,64 4825,44 5516.32 5066.72 .5792-14 5320,05 6081.74 4530.09 4156,59 4994.42 550635 5219.64 5480.62 5754.65 ..5244.15 6042,39 6344.51 4712.63 4948,26 5195.67 5455,46 5729.23 6449.51 51 6771.98 7110.59 7466.11 7939,42 584166 6135.84 644163 6764.16 71. 03-00 4799.34 5039-30 5291.27 5555.83 5933,63 4313.20 4528.86 4755-31 4993.07 524233 5543.64 5820.82 6111.86 1 64177.45 6738.33 3483.00 3657.16 3840.01 4032.01 4233.61 r'3-91245 4108.07 4313,48 4529,15 1 _4755.61 3166,37 3324.69 3490,92 i 3665�7 3848.74 6597.83 6927,72 7274.11 7637.81 80! 9.70 6944.95 7292,20 7656-81 8039,65 8441.63 .6782,46 7121.58 7477.66 7851.54 8244,12 24 X1.1 CSF i T?a �N 1.C�i1T' iIIT�-�iA�N1 �S$C?CI.1IC31�k m CBLi 2t}Q3-20(15 Dollars to be added to Accountant schedule effective January 1, 2004 Accountant It Sr. Accountant Accounting Manager �e Arts Cs zcacr dina€or �ssistat�t �ste��atr `1"r�7t�t�nt sista t aterl , to grater OF Chief Building Official City Planner Construction FrQ3ect ivia-0 U, Eustonler Service and Revenge Data Processing Manager Electric systems Supervisor Electric Uffl ty Eate Analyst Electric Utility Superintendent Fleet and Facilities Manager ii Information Systems Coordinator _ Information Systems Manager Management Analyst I Management Analyst II .�.�.. �.®�.,�.._. Management Analyst Trainee ii Manager, Busiaess'Planning & Marketing Manager, electric Services _ V anager, Engineering and operatiolis kmager, Rates and Resources Network Administrator Park- uperinter dent Police Volunteer Supervisor Parc asing Officer 12ecreation Supervisor SesriorCivil Engineer Senior Electric Utility 1Zatc final rSemor Plann r Scni cr Pt-agratt mer analyst j Senior services Coordinator eniczr Traffic EngmeeF Street Conttacts AdrniniWmtor j Street Superintendent Supervising Librarian ra�sa�€rrtac"snn Manager 1.1€ility 1�peratacans �` water/wastewater S ATTACHMENT -- yst „ - I $ 193.65 $ 272.51 $ 493.99 $ 2(33.3:3 $ 296,13 a 518.69 � 213.J[ff 1 $ 3013,44 $ 544.62 � zz'o-. t 6 $ 315.46 ; $ 571.$6 $ _ $ - - 247.59 $259. 7 S 272.97 S 2$6x61 $ 497,86 $ 522.75 $ 548.89 $ 576.33 $ 212.31 S 222,99' $ 234.14 S245,8 1 ` $ 317.28 .$ 333.14 1z 349.8(3 S367.29 P - - - - $ " S 235.39 S 170.38 $ 178.90 S 187.85 S 197°24 $ 2(37.10 j 193.65 S 203.33 $ 308.84 $ 324.28 $340.49 $ 357.52 375,413 $ 267.97. $ 250,12 $ 281.37 $ 262.53 $ 295.44 $ 275.761 310,21 $ 2$9.55 $ 325.72 $ 304.03 $ 250.22 $ 389.43 $ 262.63 $ 408.90. S 275.75 $ 42935 S 283.55 _$ 45(1.$1 $ 304.03 $ 473.36 1 82 6 $439.1'1 $ 461,13. $ 484.19 $ 508.40 _!S4 21$,49 $ 229.41 $ 2413,88 $ 2,52.93 $ 265.58 0$:691.82 $.726.4.1 $762,74 $ 80Q.&7 $ RAO 97 261,84 S,169,93 $ 178.43 $ 187.35 196.72 -$2'79.75S 293.74 $ 308.42 $ 323.85 $ 340.01 $ 53.16 m $ 55.76 $ .5$.54 $ 61.47 $ 64.54 $ 343.41 $ 36(1,75. $ 378.68 $ 397.61 $ 417.49 $ 548.96+ $ 576.41 $ 045.23 $ 635,49 $ 667,27 $ 621.55 $ 652.63 $ 685.26 _S7 -19-.5-2 $ 755.50 $ 193.64 $ 203.33 $ 213,49 $ 224.17 $ 235.37 $ 276.49 $ 290.32 $ 304.83 $ 320..47 $ 259,71 $ 272.69 $ 286.33 S300.64 $ 315x6$ S 239.32 $ 251.29 $ 263,85 $ 277.134 $ 294.89 $ 179.67 S 18$.65 $ 198.09 $ 21}7,99 $ 218,39 $ 217.56 $ 22.$.44 $ 239.86 $ 251.85 $ 2&.4.45 $ 336.16 S 352.97 $ 370.62. $ 389.15 $ 4(18.61 $ 691.81 $ 726.40 $ 762.73 $ 8110.86 $ 840.90 $520,00 $ 546.00 $ 57330 $ 601.97 $ 632.116 $ 722.15 $ 758.26 $ 796.17 $ 835.98 i S 877.78 $ 51114 $ 537.75 $ 564,63 $ 592.86 S 622.51 -- yst „ - I $ 193.65 $ 272.51 $ 493.99 $ 2(33.3:3 $ 296,13 a 518.69 � 213.J[ff 1 $ 3013,44 $ 544.62 � zz'o-. t 6 $ 315.46 ; $ 571.$6 a) I $ 331.24 $ 6013.45 267.97 $ 281.37 $ 295.44 $ 310.21 1 $ 325.7 247.59 $259. 7 S 272.97 S 2$6x61 $ 497,86 $ 522.75 $ 548.89 $ 576.33 $ 212.31 S 222,99' $ 234.14 S245,8 1 ` $ 317.28 .$ 333.14 1z 349.8(3 S367.29 S 3013.97 $ fa{i5.l $258-14 T385,65 S268.28 $ 2$1,69 $ 2?5.77 $ 31().56 ! �$ 247.59 S 259.97 $ 272,97 $ 286,61 ', $ 326.091 S 300-95 S 168.39 S 176.81 $ 185.65 S 194.93 S 204.6$ S 193.65 $203.33 $ 213:513 $ 224.18: S 235.39 S 170.38 $ 178.90 S 187.85 S 197°24 $ 2(37.10 j 193.65 S 203.33 $ 213.56 S 224.18 $ 235.39 11 ®� rltry �� $ 7613.55 S 901.73 $ 841.81 S 883.96 ; $ 928.10 1 $ 2$7.57 $ 3131.95 $ 317,Q5 S 332.90 $ 349.55 25 NODI j'jpAN -ASSOC Curt Juran President Joseph Wood Conjmuytv Improvement t Manager Date Cory Wadlow ra Accountant Date: Jeanie BiqkuP Police Volunteer Supervisor Date: - ---� Wally Sandelin city Engineer Date; — Mel Brandi Electric Services Manager Date: �.__.. CITE' OF LORI A MUNICIPAL CORPO ATI Rick Bolanos City of Lodi Date: Joanne N rloch Human Resources Director Date: Richard Pnma Public Warks Director Date: