2000 - Rosemead Employee Association - Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING
between
THE CITY OF ROSEMEAD
and
Rosemead Employee Association, AFSCME Local 321
Representing City of Rosemead General Service Employees
July 1, 2023 through June 30, 2025
Today's Small Town America
TABLE OF CONTENTS
ARTICLE1
PREAMBLE.............................................................................................................................4
ARTICLE 2
RECOGNITION & EFFECTIVE DATES.............................................................................................4
ARTICLE3
UNION RIGHTS........................................................................................................................4
ARTICLE
SEVERABILITY..........................................................................................................................7
ARTICLE 5
IMPLEMENTATION....................................................................................................................7
ARTICLE 6
NON-DISCRIMINATION.............................................................................................................7
ARTICLE7
TERMS...................................................................................................................................7
COMPENSATION
ARTICLE8
SALARY..................................................................................................................................7
ARTICLE 9
PROBATIONARY PERIOD............................................................................................................9
ARTICLE 10
PERFORMANCE EVALUATION.....................................................................................................9
ARTICLE11
PROMOTION.........................................................................................................................
10
ARTICLE 12
RECLASSIFICATION..................................................................................................................
11
ARTICLE 13
ACTING PAY..........................................................................................................................
11
ARTICLE 14
UNIFORM/CLEANING ALLOWANCE...........................................................................................
12
ARTICLE 15
BOOT REIMBURSEMENT..........................................................................................................
12
ARTICLE16
BILINGUAL PAY......................................................................................................................
12
ARTICLE 17
OVERTIME / COMPENSATORY TIME..........................................................................................
13
ARTICLE 18
HOLIDAY PAY........................................................................................................................
13
ARTICLE 19
STAND-BY / CALL-BACK PAY....................................................................................................
14
BENEFITS
ARTICLE 20
HEALTH INSURANCE PROVIDER................................................................................................
14
ARTICLE 21
CAFETERIA -STYLE HEALTH, WELFARE, AND & SAVINGS BENEFIT ....................................................
15
ARTICLE 22
CHANGES TO HEALTHCARE LAWS... ..........................................................................................
15
ARTICLE 23
RETIREMENT HEALTH PLAN.....................................................................................................
15
ARTICLE 24
RETIREMENT PROGRAM (CALPERS).........................................................................................
16
ARTICLE 25
ENHANCED RETIREMENT PROGRAM: PUBLIC AGENCY RETIREMENT SERVICES (PARS) .......................
17
ARTICLE 26
SOCIAL SECURITY...................................................................................................................
17
ARTICLE 27
DEFERRED COMPENSATION PROGRAM (401A)..........................................................................
17
ARTICLE 28
DEFERRED COMPENSATION PROGRAM (457)............................................................................
17
ARTICLE 29
FLEXIBLE SPENDING ACCOUNT (SECTION 125)...........................................................................
17
ARTICLE 30
SHORT-TERM DISABILITY/LONG TERM DISABILITY.......................................................................
18
ARTICLE31
LIFE INSURANCE.....................................................................................................................
18
ARTICLE 32
TUITION REIMBURSEMENT......................................................................................................
19
ARTICLE 33
WELLNESS PROGRAM.............................................................................................................
19
ARTICLE 34
COMPUTER PURCHASE PROGRAM............................................................................................
20
ARTICLE 35
EMPLOYEE ASSISTANCE PROGRAM (EAP)..................................................................................
20
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 2
SCHEDULES/LEAVES
ARTICLE 36
VACATION ACCRUAL AND ACCRUAL CAP....................................................................................
20
ARTICLE 37
VACATION BUYBACK...............................................................................................................
21
ARTICLE38
SICK LEAVE...........................................................................................................................
22
ARTICLE 39
CITY -RECOGNIZED HOLIDAYS...................................................................................................
25
ARTICLE 40
TEMPORARY MODIFIED WORK SCHEDULE..................................................................................
25
ARTICLE 41
FLEXIBLE SCHEDULING DUE TO SPECIAL EVENTS..........................................................................
26
ARTICLE 42
BEREAVEMENT LEAVE.............................................................................................................
26
ARTICLE 43
JURY DUTY LEAVE...................................................................................................................
26
OTHER
ARTICLE 44
DIRECT DEPOSIT....................................................................................................................
27
ARTICLE 45
CITY RIGHTS..........................................................................................................................
27
ARTICLE 46
EMERGENCY WAIVER PROVISION.............................................................................................
28
APPENDIX A
SALARY SCHEDULE.................................................................................................................
30
APPENDIX
CATASTROPHIC LEAVE PROGRAM..............................................................................................
31
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 3
ARTICLE 1: PREAMBLE ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding (MOU) to promote and provide for
harmonious relations, cooperation, and communication between the City and the Rosemead
Employee Association, Local 321 of the American Federation of State, County, and Municipal
Employees (AFSCME). As a result of good faith negotiations between the City and Association
representatives, this MOU sets forth the Agreement regarding wages, hours and otherterms and
conditions of employment for employees covered by this Memorandum. This Memorandum
provides for an orderly means of resolving differences which may arise from time to time during
its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This MOU is made and entered into between the City of Rosemead, herein referred to as the
"City" and the Rosemead Employee Association AFSCME Local 321, herein referred to as the
"Union". Full consideration has been given to salaries, employee benefits, and other terms and
conditions of employment. Pursuant to the provisions of Section 3505.1 of the Government Code
of the State of California, said parties agree to this MOU effective July 1, 2023 upon approval of
the City Council.
Except as otherwise specified, this MOU is effective July 1, 2023 and will continue in effect until
June 30, 2025. The Union is officially recognized as the sole collective bargaining agent for all
full-time General Services Unit employees of the City. This MOU represents the full and complete
understanding between the parties related to the subject matter set forth herein and all
preliminary negotiations of whatever kind or nature are merged herein.
Full-time employees in the following classifications are covered by this agreement:
General Services
Accounting Specialist, Senior
Maintenance Worker
Administrative Assistant
Maintenance Lead Worker
Assistant Planner
Plan Checker
Building Inspector
Permit Technician
Code Enforcement Officer
Public Works Inspector
Facilities Technician
Recreation Coordinator
If the classifications of Accounting Specialist, Housing Project Coordinator, Office Specialist, or
Public Safety Coordinator are reflected in future budgets, the positions shall be automatically
added to the bargaining unit.
ARTICLE 3: UNION RIGHTS
Union Officer, Representatives and Stewards: A written list of the union officers,
representatives and stewards shall be furnished to the City on July 1 of each year and
promptly following any time there is a change.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 4
Dues Deductions: During the term of this MOU, the City agrees to deduct from the pay of each
employee a bi-weekly sum certified to him/her by Union as the regular dues of AFSCME, to the
extent permitted by law. The City shall not deduct any pay for initiation fees, fines, or other
special assessments. Dues deduction shall be a specified uniform amount for each employee and
any change in the amount of dues deducted shall be provided to the City's Human Resources
Manager and/or Finance Director from AFSCME. AFSCME will maintain records of employee
authorizations for dues deductions. AFSCME will provide the City with information regarding the
amount of dues deductions and the list of bargaining unit employees who have authorized dues
deduction, COPE and other deductions and the deduction amounts. The City shall not request
AFSCME to provide a copy of any member employees' authorization unless a dispute arises about
the existence or terms of the authorization. To the extent required by the Government Code, or
otherwise required by law, the City will rely on the information provided by the Union in
processing dues deductions for AFSCME. The Union is responsible for providing the City's Human
Resources Manager and/or Finance Director with timely information regarding changes to
member employees' dues deductions.
Remittance of the aggregate amount of all membership dues and benefits deductions covered
hereby shall be made as designated in writing by the Union within fifteen (15) days after the
conclusion of the pay period in which said membership dues and benefits deductions were
withheld.
If employees' earnings during a particular payroll period designated bythe City are insufficient to
permit full deductions, no deduction will be made. All other legal and required deductions have
priority over employee organization dues.
Committee on Political Education (COPE): Employees wishing to make voluntary political
contributions to the Union's Committee on Political Education (COPE) shall provide written
authorization to the Union indicating the amount to be deducted. The City shall make the
deduction of the voluntary contributions in the same manner as the dues deduction process.
The Union will abide by all federal and state laws regulating such contributions.
Indemnification: AFSCME shall indemnify, defend, hold the City harmless against any claims
made, and against any suit instituted against the City on account of employee organization
payroll deductions. In addition, the Union shall refund to the City any amounts paid to it in
error, upon presentation of supporting evidence
Employee Data: Human Resources will inform the Union when an employee has been hired into
a position represented by AFSCME within 10 days of the employee's hire date and shall provide
the Union with the employee's name, employee number, hire date, job title, department, work
location, wage rate, address, and telephone number. Personal cellular phone numbers and
personal email addresses will be provided by the City if they are on file with the City, and to the
extent required by, and consistent with, law. The City will provide this information to the Union
by any existing media. Any additional information requests must be submitted in writing to the
Human Resources Manager or City Manager.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 5
New Employee Orientation: Human Resources will advise the Union of the employee's start date
and their scheduled orientation date and coordinate a meeting between the new unit employee
and the Union. Human Resources will provide notice at least 5 days in advance of the new
employee scheduled orientation. AFSCME is responsible for providing the City the current list of
contacts for the relevant Union representatives.
Access to Worksite: Union representatives, after advance notice is given to the City Manager,
Department Director or designee, may enter worksites for the purpose of transacting business of
the Union; provided, however, that such business does not excessively interfere with the work
of the employees, City operations, or with established City safety or security standards.
Communications: Space shall be provided on City bulletin boards for the posting of notices
of concern to union members including, but not limited to, the following:
• Union meetings
• Union elections and results
• Recreational and social events
• Official union business
The Union is responsible for posting and removing material on its bulletin boards and for
maintaining the same in an orderly and neat fashion. Any posting that interferes with the
efficient operation of the City's business and/or violates the provisions of this MOU or City
rules/policies will be subject to removal.
Use of City Facilities: The Union may, with the approval of the City Manager, hold meetings with its
members on City property during non -working hours. The City Manager agrees to not
unreasonably withhold approval of the Union's request for use of City facilities. Prior approval
from Human Resources or designated management staff of the department where the facility is
located is required forthe use of City facilities that are designed for employee use only. Such use
is subject to applicable City regulations and availability.
Release Time: The City shall provide reasonable time off without loss of pay or other fringe
benefits to up to three (3) duly authorized Union representatives, but not more than one (1)
employee from any one division, for the purpose of meeting and conferring with City
representatives provided that no employee shall leave their duties, workstation or assignment
without specific approval by an authorized department management official. Additionally,
scheduling of any such meeting is subject to approval by an authorized department management
official so as to avoid excessive interference with, or interruption of, assigned work schedules or
work performance. The Union shall provide the City with a list of said authorized personnel on
July 1 of each year and any time the list changes. Any release from duty for said purpose shall
have prior approval of the City. Such designated Union representatives shall be released for
engaging in the meet and confer process one (1) hour before the scheduled time for
commencement of the meeting and shall return to the performance of their duties not later than
one (1) hour after conclusion of the meet and confer session. No Union representative shall be
compensated by payment of overtime for participation in any meet and confer session.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 6
ARTICLE 4: SEVERABILITY
It is understood that this MOU is subject to all applicable present and future Federal; State, and
Local laws and regulations, and the provisions hereof shall be effective and implemented only to
the extent permitted by such laws and regulations. If any part of this MCU is in conflict with such
applicable provisions of Federal, State, or Local laws or regulations or otherwise held to be invalid
or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be
suspended and superseded by such applicable laws and regulations and the remainder of this
MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE S: IMPLEMENTATION
This MOU constitutes a mutual recommendation by the parties to the City Council that one or
more resolution be adopted accepting this MOU and effecting the changes enumerated herein
relative to wages, benefits, and other terms and conditions of employment for the employees of
the City. It is expressly intended that the duties, responsibilities, and functions of the City in the
operation of its functions will in no manner be impaired, subordinated, or negated by any
provisions of this agreement.
ARTICLE 6: NON-DISCRIMINATION
Neither the Union nor the City will discriminate against any employee based upon race, religious
creed, color, national origin, age (40 and over), ancestry, sexual orientation, sex, gender identity,
gender expression, military and veteran status, disability (physical or mental), sexual orientation,
marital status, pregnancy, childbirth or related medical condition, genetic
information/characteristics, or any other legally protected characteristics.
ARTICLE 7: TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this MOU will be effective upon
ratification by the City Council with a term effective July 1, 2023 and ending June 30, 2025, unless
otherwise specified.
COMPENSATION
ARTICLE 8: COMPENSATION
Year One
Effective July 1, 2023, all employees shall receive an across-the-board increase of four percent
(4%).
Year Two
Effective July 1, 2024, all employees shall receive an across-the-board increase of three percent
(3%).
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 7
Salary Ranges/Steps: As reflected in Appendix A, each salary range consists of ten (10) salary
steps. Steps are set as a monthly rate, at approximately three percent (3%) intervals, rounded to
the nearest whole dollar. Hourly rates shall be determined by multiplying the monthly rate by
12 (months) and dividing by 2080 (hours).
Salary Advancement: Each employee will be placed within the ten (10) step salary range of their
respective position's classification. Pay increases shall not be automatic but shall depend upon
the merit and performance of the employee, as determined by the Department Director. The
first opportunity for a merit increase would beat the end of the probationary period. Subsequent
merit step increase opportunities will occur annually, on the anniversary date of the employee's
hire date or transfer to their current position.
Salary Placement for New Appointments: The first salary step level will be the minimum rate
and normally the hiring rate. In special cases when, in the sole discretion of the Department
Director, it is merited by experience, education, training, or other qualification, the City may
approve the hiring of a candidate for employment at a higher step. However, no newly appointed
person shall be hired above Step 4 without prior approval of the City Manager.
Performance Evaluation Requirements: Recommendations for a one-step increase, two-step
increase, continuing pay for performance, or denied eligibility for a step increase must be
accompanied by a performance evaluation to substantiate performance. Performance
evaluations for consideration of a step increase shall be due annually based upon the employee's
anniversary date of appointment to their current classification. An employee on a leave of
absence (paid or unpaid) for more than thirty (30) consecutive workdays in a rating period shall
have their annual review date adjusted accordingly.
Two -Step Increases: An employee receiving an overall rating of Substantially Exceeds
Expectations, shall be advanced two salary steps. No merit step increases shall exceed
two steps.
Continuing Pay for Performance: Each general employee who has achieved and
maintained step 10 of their classification salary range for one (1) full year, will be eligible
to receive a one-time lump sum payment for continuing exceptional performance. For
purposes of eligibility under this provision, "continuing exceptional performance," means
that the employee has earned an overall performance rating of "Substantially Exceeds
Expectations" on their annual performance review. The lump sum payment amount will
be equal to 3% of the approved step 10 annual rate for the employee's classification in
effect at the time of the employee's anniversary date. The City will issue the one-time
payment in the next pay period following the employee's receipt of their annual
performance evaluation. For each subsequent year in which the employee remains on
step 10 of the same classification and demonstrates continuing exceptional performance
as defined by this section, the employee will receive a payment under the terms of this
section. Each year shall stand alone in determining the employee's eligibility and in
determining the amount of the payment.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 8
Effective Date of Step Increase: Any recommended step increase will be effective the first day
of the pay period immediately following the employee's anniversary or annual review date.
Step Advancement: Advancement from Step 1 through Step 10 will be contingent upon
receiving an overall performance rating of "meets expectations" or higher on the performance
evaluation.
Evaluation Appeals: Upon receipt of a performance evaluation, an employee may appeal the
results of that evaluation within seven (7) calendar days following the delivery of the evaluation.
The performance evaluation shall be appealed in writing to the City Manager who shall provide
a written response within fourteen (14) days of the appeal being properly submitted. If the
original performance evaluation rating is reaffirmed by the City Manager, then they shall state
the reason for the denial of the appeal in the written response to the employee. There shall be
no appeal of a performance evaluation beyond the City Manager. The City Manager shall have
the discretion to consider all factors including — but not limited to —additional workload assigned
during the evaluation period in determining whether the overall rating is appropriate.
ARTICLE 9: PROBATIONARY PERIOD
The probationary period, of one year (2080 supervised hours), shall be an integral part of the
employment examination process and shall be utilized as an opportunity to closely observe the
employee's work, to provide special training, to assist the employee in adjusting to the new
position, and to reject any employee whose work performance, adaption, or personal conduct
fails to meet required standards. A probationary employee shall have no right of tenure and may
be dismissed with or without cause, at any time, during the probationary period without right of
appeal, grievance, or hearing. Probationary employees do not have property or vested rights in
their positions with the City.
All employees shall receive an interim performance report after completion of six (6) months of
the probationary period. Satisfactory completion of probation is based on total performance
during the entire probationary period. The City Manager may, in his/her sole discretion, extend
the probationary period an additional 1040 hours (six (6) months).
If an employee is out on an extended leave of absence, the probationary period will be extended
out by the equal amount of time/duration the employee is out on the leave of absence.
The probationary period for an employee promoted to a higher classification is defined in Article
11.
ARTICLE 10: PERFORMANCE EVALUATION
All employees will receive an annual performance evaluation. The City recognizes the importance
of conducting timely evaluations. Supervisors, managers, and department directors must submit
and conduct performance evaluations in a timely manner on the date the evaluations are due.
Every effort must be made by the supervisors, managers, and department directors to submit
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 9
timely evaluations. However, the City recognizes that when an emergency or an unforeseen
circumstance arises, the expectation is to submit -the evaluations as soon as practicable.
In the event a step increase is denied for an employee due to a below standards
(unsatisfactory/needs improvement) evaluation, a subsequent review will be performed six
months after the review for reevaluation of the denied step increase. If a step increase is granted
based on the six-month review, the increase will become effective with the next pay period, it
will not be retroactive to the initial review period. The receipt by any employee of two (2)
consecutive unsatisfactory performance ratings shall be grounds for disciplinary action, up to and
including dismissal, in accordance with City policy 30-21 (Corrective Action).
If an employee is out on an extended leave of absence, the performance evaluation will be
extended by the equal amount of time/duration the employee is out on the leave of absence. An
extended leave of absence is defined as thirty (30) days or longer.
A probationary employee will receive an interim performance evaluation at six months from the
date of hire. Interim performance evaluations are not linked to any merit adjustments or
increases.
Impact of Late Evaluations on Step Increases: If an employee, who is due a performance
evaluation that includes a possible merit increase, does not receive their performance evaluation
within sixty (60) calendar days after the date of their annual evaluation date, the merit increase
shall process retroactive to the date of the employee's anniversary date for merit increase
consideration.
ARTICLE 11: PROMOTIONS
The City may promote any employee to a different job classification within the City service having
more responsible duties, and/or higher job qualifications, and/or a higher salary scale level.
Upon promotion any employee shall receive a minimum salary increase equivalent to one (1)
salary step in the employee's current (pre -promotional) job classification, provided however that
such increase shall be at least equivalent to the minimum of the salary scale established for the
new job classification. A promotion shall establish a new Evaluation Date for purposes of
performance evaluation.
Employees promoted to a higher position shall also serve a six (6) month (1040 hours)
promotional probationary period beginning on the effective date of the promotion. Any regular
employee rejected during the probationary period following a promotional appointment, by
reason of failure to satisfactorily complete the probationary period shall be reinstated to the
position from which the employee was promoted unless there is a basis for dismissing the
employee for just cause. Promotional probationary employees shall have no tenured rights to
appeal such actions. Dismissal from City employment during the promotional probationary
period may be made for just cause in accordance with City policy 30-21 (Corrective Action).
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 10
If an employee had not attained regular status in the class to which the employee reinstates, the
employee shall then be required to complete the normal probationary period, less any service
previously accrued in such lower class.
ARTICLE 12: RECLASSIFICATIONS
The City may reclassify any position within City service as provided below and in compliance with
applicable meet and confer obligations associated with reclassification of positions.
Determination of appropriate bargaining unit for reclassified positions will be in accordance with
the criteria in the City's Employer -Employee Relations Resolution and the Fair Labor Standards
Act.
Reclassification Defined. A reclassification is a change injob description and/or job title of a position
within the City service to accommodate materially changed job duties not anticipated in the
original classification and assigned or directed to be performed by the City. Such changed duties
do not include duties voluntarily assumed by, and not assigned to, an employee or temporary
duties assigned for purposes of training for the employee.
Impact of Reclassification. Position reclassification is neither a promotion nor demotion. A
reclassification may result in the salary range being increased, decreased, or staying the same.
Typically, an employee will be placed on the step that includes the salary rate closest to his/her
current salary rate, not to exceed the top of the salary range. The salary rate may be increased
at the time of the reclassification at the discretion of the City. If the salary range is decreased as
a result of the reclassification, the employee may be Y -rated at the discretion of the City. A
reclassification shall not alter an employee's Evaluation Date.
Employee Request for Classification Study. An employee may request a classification study by
submitting a written statement to the Department Director through the employee's immediate
supervisor and chain of command detailing the reasons for said request. The Department
Director shall review, comment, and forward the request to Human Resources within 30 days of
receiving the request. If the Department Director does not forward the request to Human
Resources within 30 days, the employee may then submit the request directly to Human
Resources. Human Resources shall make the determination as to classification study need and so
inform the Department and employee of said determination. The employee may appeal the
determination to the City Manager within ten (10) working days from receipt of notification. The
City Manager's decision shall be the final determination. In the event a classification study is
undertaken, final reclassification determination shall be made by the Human Resources
Manager.
ARTICLE 13: ACrING PAY
The City may, at its discretion, appoint an employee in an acting capacity to fill a position vacant
due to separation, extended illness, or extended leave in a job classification higher than the one
held by the employee. Employees may choose to decline an acting appointment. In the absence
of eligible volunteers, the City may contract with a third party to perform the work of the vacant
position.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 11
The selection of an employee for an acting assignment shall be at the sole discretion of the
Department Director or designee, taking into'consideration the requirements of the position
to be filled and the qualifications, job performance, and seniority of those employees eligible
for the acting assignment. The selected employee must, however, possess the minimum
qualifications established for higher classification.
A bargaining unit employee serving an acting assignment for a minimum of eight (8)continuous
workdays shall receive acting pay in the amount of a salary increase that is the higher of five
percent (5%) of the employee's base salary or the first step of the salary range applicable to the
position being filled, paid retroactive to the first day of the acting assignment. An employee who
is serving an acting assignment for less than eight (8) continuous workdays shall not receive acting
pay. No employee may serve an acting assignment for more than 960 hours per fiscal year.
ARTICLE 14: UNIFORM CLEANING ALLOWANCE
Employees required to wear uniforms, that are provided but not cleaned by the City, shall receive
$6.25 per pay period (24 pay periods), $150 per year for cleaning/maintenance of said uniform.
ARTICLE IS: BOOT REIMBURSEMENT
Maintenance Lead Worker, Maintenance Worker, Facilities Technician, or Code Enforcement
Officers shall be reimbursed up to $275 per fiscal year for the purchase of safety shoes/boots.
The footwear must meet ASTM or other industry -approved standards appropriate for the
employee's work assignment and classification, as determined by the Department Director and
Human Resources Manager. Any employee reimbursed for or issued protective footwear shall
wear such shoes at all times during work hours.
The City may authorize direct bill payment for shoes purchased at a vendor of the City's choice
or the employee may request reimbursement up to the allowed amount. If the employee
purchases shoes for an amount (including tax) greater than the annual limit provided herein, the
employee shall pay the difference to the vendor at the time of purchase.
ARTICLE 16: BILINGUAL PAY
The City offers a bilingual pay program for eligible employees who consistently utilize other
languages to translate during the normal course of work. To qualify, employees must pass the
test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, Mandarin, American Sign Language, or any other language determined
by the City Manager. A maximum of fifteen (15) employees may be certified to receive bilingual
pay by the City. It will be applicable at all primary sites (City Hall, Rosemead Community
Recreation Center (RCRC), Garvey Community Center, Public Safety and Public Works). In the
event that more fifteen (15) employees wish to apply for it, management will determine the top
fifteen (15) based upon positional need. Once certified, employees will receive a bilingual stipend
of $100 per month.
Any employee who is not certified bythe City is not required to use a language otherthan English.
However, when a member of the public, requests assistance in a language other than English,
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 12
employees must make a reasonable effort to accommodate and assist in a polite and professional
manner.
The City reserves the right to suspend bilingual pay if the employee is out on an extended leave
of absence of more than 80 consecutive hours and/or is otherwise not physically present at work
to provide bilingual services.
ARTICLE 17: OVERTIME / COMPENSATORY TIME
Employees may be required to work additional hours outside of their regular schedule by their
supervisor or department director. The City agrees to provide notice of such additional hours as
soon as practically possible, especially with pre -planned events. Only time worked in excess of
forty (40) hours in a given workweek will be paid at 1'/: times the FLSA regular rate of pay. For
employees on a 9/80 schedule (consisting of alternate calendar weeks of four 9 -hour days in one
calendar week and four 9 -hour days, plus one 8 -hour day in the other calendar week), the
workweek shall be forty (40) hours. This is achieved by defining the first workweek as ending
four hours into the start of the 8 -hour day, and the second workweek starting four hours and one
minute into the 8 -hour day.
With the exception of Holiday Pay as provided in Article 18, all other hours worked shall be paid
at straight time. Vacation, sick leave, holidays, floating holidays, and other time not actually
worked will not be counted towards the forty (40) hours. All overtime must be pre -authorized
by the department director. Exceptions for pre -authorization of overtime for emergency or
unforeseen events/circumstances may be determined on a case-by-case basis by the supervisor
or department director.
On July 1, 2007, Compensatory Time -Off (CTO) was eliminated. Instead, non-exempt employees
who work overtime will be paid for those overtime hours at a rate of one and one-half (1.5) times
their regular pay rate for all hours worked in excess of forty (40) hours in a workweek.
Employees who accrued CTO prior to July 1, 2007 are authorized to keep those hours. Use of
CTO earned is granted but may not unduly disrupt the operations of the City. Terminating
employees will be compensated for accrued compensatory hours. Furthermore, employees who
have accrued CTO may elect to have the City buy back any hours of CTO per year if an irrevocable
request is made by December 101h in the year prior to the year in which the buyback is to occur
unless provisions under Article 37D have occurred. Said buy back will take place during the
second pay period in December of each year and will be paid at the employee's hourly rate at
the time the CTO is sold back. In addition, accrued CTO for any terminating employee will be
paid out at the employee's hourly rate at the time of termination.
ARTICLE 18: HOLIDAY PAY
Irrespective of Article 22, full-time, non-exempt employees receive straight time for the holiday
plus 1% time for any hours worked on the holiday or the day observed as the holiday.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 13
ARTICLE 19: STAND -By / CALL-BACK PAY
Any employee assigned to be on stand-by/on-call status shall receive $150 per week.
An employee who is on stand-by/on-call, is called out and physically departs , but is called off
before reporting back to work, shall be paid for the equivalent of one (1) hour of time. This pay
is not for hours worked, which are not measured until the employee's report back to work.
An employee who is on stand-by/on-call and is required to, and does, report back to work will be
paid for a minimum of two (2) hours of overtime at the overtime rate provided in Article 17,
regardless of the time of day or day of the week. Any time actually worked in excess of the
guaranteed two (2) hour minimum payments shall also be paid in accordance with Article 17.
When placed in standby status, the following duties and responsibility shall be borne by the
standby designee:
1. The designee shall at all times, be immediately accessible by telephone and/or
radio device.
2. The designee shall be required to be available to respond to a work site designated
bythe supervisor, within a reasonable time as is designated by a supervisor.
3. At all times while in an on-call status, the designee shall maintain themself in
reasonable physical and mental condition by which to both respond to a call for
service and to thereafter reasonably perform the required assignment.
4. Employees designated as being on standby, shall be available for call back on
holidays, Saturdays, Sundays, and Fridays that are not regularly scheduled as
workdays.
Call back is defined as a circumstance where an employee is called back to work for unscheduled
hours after completion of the Team Member's regular workday or workweek, and departure
from the worksite. Employees who are not on standby but are called back to work after their
regular hours will receive overtime pay at the appropriate rate defined under Article 17 for any
resulting hours worked over 40 in the employee's workweek. For example, for employees
assigned to a 9/80 workweek, the 40th hour falls four 4) hours after the start of the eight-hour
workday. Hours actually worked starting one minute past the 401h hour will be paid at the
overtime rate defined under Article 17.
BENEFITS
ARTICLE 20: HEALTH INSURANCE PROVIDER
The City contracts with California Public Employees' Retirement System (CaIPERS) pursuant to
the Public Employees' Medical and Hospital Care Act (PEMHCA) to serve as the health insurance
provider for the City.
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ARTICLE 21: CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
The City will provide each full-time employee with $1,700 per month for use towards enrolling in
any of the City offered health plans, dental plans, and vision plans. Effective July 1, 2023, the City
will provide an additional $200 per month for excess 'out of pocket' health care premium costs.
The additional $200 per month has no cash out value.
A) Unused Contribution. For employees hired on or before October 26, 2021, any unused
remainder of the $1,700 cafeteria -style benefit may be put into a deferred compensation
plan, taken as a taxable cash disbursement, or used for the purchase of any City sponsored
insurance, long-term care, or long-term savings program. Employees hired after October
26, 2021 will not be eligible for cash back of any unused portion of the cafeteria -style
benefit.
B) Excess Premiums. Employees shall be required to pay any cost of the health, dental, and
vision premiums for their selected plans that exceeds the amount of the Citys monthly
contribution.
C) Opt -Out. Employees hired on or before October 26, 2021 may also choose to waive
coverage and take the entire $1,700 monthly benefit as deferred compensation ortaxable
cash, but must first show proof of group health insurance coverage through an individual,
a spouse or family member's coverage through their employer and complete the
Voluntary Decline of Health Care Offered under the City of Rosemead Group Plan form.
Employees hired after October 26, 2021 choosing to opt -out of medical coverage offered
by the City, under the same conditions, will receive $500 per month.
ARTICLE 22: CHANGES To HEALTHCARE LAWS
The parties recognize that certain changes to State or Federal laws, programs, taxes or regulation
including, but not limited to, the Affordable Care Act (ACA), may impact future medical plan
offerings. In the event that such reform measures or resulting changes in the ACA altering the
healthcare coverage, options, costs or other elements, either party may request to reopen Article
20, 21, and 29 regarding medical insurance to meet and confer over any changes to the medical
insurance/benefits.
ARTICLE 23: RETIREMENT HEALTH PLAN
A) For all full-time employees hired on or before July 1, 2007, who have 20 years or more of
service with the City, and who retire from the City, an allocation of up to $1,000/ month
will be given to pay for health care benefits for the duration of their retirement. If the
health insurance program selected by the employee costs more than $1,000/month, the
City will only cover the first $1,000/month of the cost of the selected program.
B) For all full-time employees hired on or before July 1, 2007, who have 12-19 years of
service with the City, and who retire from the City, an allocation of up to $500/month will
be given to pay for health care benefits for the duration of their retirement. If the health
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 15
insurance program selected by the employee costs more than $500/month, the City will
only cover the first $500/month of the cost of the selected program.
C) The above retirement health contributions will only be in effect for full-time employees
employed with the City as of July 1, 2007. When an employee reaches 65 years of age, or
becomes eligible for Medicare, said employee will transition to Medicare coverage and
the City will continue to contribute towards the cost of health care coverage during the
duration of the employees' retirement in the amounts defined in sections A and B of this
article. Furthermore, it is expressly noted that the retirement health contribution can be
used towards health coverage for the employee, their spouse, and/or any eligible
dependent.
D) Employees hired after July 1, 2007 will receive retiree health benefits in accordance with
public employees' retirement laws and CalPERS.
ARTICLE 24: RETIREMENT PROGRAM (CALDER$)
Employees will be enrolled in the City's retirement program through CalPERS.
On July 1, 2007, the City began providing the 2.7%@55 benefit formula with one-year final
compensation option with no cap.
On July 1, 2010, the City implemented a 2 -tier system with changes for new hires only. All full-
time new hires, hired on or after July 1, 2010, will be subject to the 2%@55 formula with one-
year final compensation option. All existing full-time employees hired prior to July 1, 2010 will
remain at the 2.7@55 formula.
Under the Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, all
.new members' will be subject to the 2.0% @ age 62 benefit formula which also requires a three-
year final compensation (the highest average annual pensionable compensation earned by a
member during a period of at least 36 months) with an early retirement age of 52.
A "New Member" is defined as:
1. A new hire that is brought into CalPERS membership for the first time on or after January
1, 2013, and who has no prior membership in any other California public retirement
system.
2. A new hire who is brought into CalPERS membership for the first time on or after January
1, 2013, and who is not eligible for reciprocity with another California public retirement
system.
3. A member who established CalPERS membership prior to January 1, 2013, and who is
hired by a different CalPERS employer after January 1, 2013, after a break in service of
greater than six months.
Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a "new
member's" member contribution rate. All non -classic, new CalPERS members must pay 50% of
total normal cost as employee contribution rate.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 16
CalPERS refers to all members that do not fit within the definition of a new member as "classic
members'. All existing CalPERS members as of December 31, 2012, will retain the existing benefit
levels for future service with the same employer.
All "classic members" are required to contribute their full share, up to 8%, of the employee
contribution of the CalPERS rate.
ARTICLE 25: ENHANCED RETIREMENT PROGRAM: PUBLIC AGENCY RETIREMENT SERVICES (PARS)
For full-time employees hired prior to July 1, 2010, the City offers an enhanced retirement
package through Public Agency Retirement Services (PARS). Covered full-time employees who
retire from Rosemead after working 20 years for the City will have their pension formula
enhanced to 3%@55, with the provision that the maximum pension allowance that employees
can accrue through PARS is 90% of final pay. The PARS retirement pension is limited to 90% of
final pay. Employees must be at least 55 years of age to qualify for PARS.
ARTICLE 26: SOCIAL SECURITY
The City deducts from each full-time employees' paycheck, an amount as determined by law for
the Federal Insurance Contributions Act (Social Security). In addition, the City contributes an
additional amount at least equal to the employee's contribution.
ARTICLE 27: DEFERRED COMPENSATION PROGRAM (401A)
For full-time employees hired prior to July 1, 2010, the City contributes into a deferred
compensation account a percentage of the employee's salary based on years of service. That
funding formula is as follows:
Years of Service
% of Salary Contributed into 401A
Deferred Compensation Program
0-4
1%
5-9
2%
10-14
3%
15-19
4%
20+
5%
ARTICLE 28: DEFERRED COMPENSATION 457
All employees may voluntarily participate in the available 457 deferred compensation plan. Any
voluntary contributions made to such plan must be made via automatic payroll deductions. The
amounts contributed to the plan are subject to the statutory limits outlined in the codes of the IRS.
ARTICLE 29: FLEXIBLE SPENDING ACCOUNT (SECTION 125)
The City offers employees a flexible benefit plan which will allow individuals to pay for certain
expenses (childcare, unreimbursed medical expenses, insurance premiums) with pre-tax dollars.
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ARTICLE 30: SHORT-TERM DISABILITY/LONG TERM DISABILITY
State Disability Insurance (SDI) is a partial wage replacement insurance in which the City does not
participate in. However, for non -work related employee disabilities, the City offers Short -Term
Disability (STD)/Long-Term Disability (LTD) to full-time employees. Workers' compensation
injuries are excluded from disability leave/insurance offered by the City.
The City provides employees with a short-term disability plan to protect against cases where a
non -work-related illness or injury is sustained which results in an inability to work for a short
period of time. Employees will receive 66.67% or 2/3 of their pre -disability base salary (1 year
average of W-2) with a waiting period of 15 calendar days before receiving benefits and can last
up to 11 weeks. Employees will receive continued payment until the employee is medically able
to return to work, or has to begin utilizing long term disability, or until the employee reaches the
age of 65, whichever comes first. The maximum short-term disability benefit amount will be
$2,400 per week. Family and Medical Leave Act (FMLA) will run concurrently with disability.
The City provides employees with a long-term disability plan to protect against cases where a
non -work-related illness or injury is sustained which results in an inability to work for a long
period of time. In these cases, LTD is received only after STD has expired and the employee
continues to be medically disabled. Employees will receive 66.67% or 2/3 of their pre -disability
base salary with a 90 -day waiting period. The employee will receive continued payment until the
employee is medically able to return to work, or until the employee reaches the age of 65,
whichever comes first. The maximum long-term disability benefit amount will be $10,400 per
month. Where applicable, Family and Medical Leave Act (FMLA) and/or California Family Rights
Act (CFRA) leave runs concurrently with disability.
Employees have the option of receiving a full paycheck by utilizing his/her own leave time to
subsidize the 1/3 while on disability. Disability will cover 2/3 or 66.67% of the pre -disability base
salary based off of the W-2 (1 year average). However, when on disability, employees may not
utilize sick leave. Employees may use vacation, floating holiday, holiday, and/or compensatory
time (if applicable). Leave Accrual rate will be based upon the hours utilized.
All disability claim forms must be submitted to Human Resources on a timely basis. As a
guideline, all claim forms should be submitted within 15 calendar days.
All medical certifications or modifications to the medical certification must be submitted to
Human Resources on a timely basis. Employees are required to submit a Fitness for Duty— Return
From Leave Certification at least 2 working days prior to the date of return to the Department
Director. Employees may not return to work without this certification.
ARTICLE 31: LIFE INSURANCE
Employees receive an accidental death and dismemberment and life insurance policy of
$100,000.
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ARTICLE 32: TUITION REIMBURSEMENT
The City will reinstate the tuition reimbursement program based upon availability of funding.
Subject to City Manager approval, employees may attend and be reimbursed for part or all of the
costs of educational and other training courses (up to $5,000 per fiscal year) which provide a
benefit to the City provided there are budgeted funds for such approval by the City Council. The
educational/training courses must be job-related leading towards a college or university degree
or certificate and the employee must remain with the City for three (3) years after the successful
completion of class/course or must reimburse the amount received to the City on a pro -rated
basis.
If an employee leaves employment (voluntarily or involuntarily) with the City, prior to the three
(3) years afterthe completion of class/course, the employee must reimburse the amount received
based upon the following pro -rated basis:
Pro -Rated Schedule of Refund
Years of Service After Completion
Refund Amount Due to the City
Less than one (1) year
Full Amount Received
Less than two (2) years
2/3 of Amount Received
Less than three (3) years
1/3 of Amount Received
Employees with prior approval by the City Manager, may be reimbursed for registration, cost of
books, tuition, lab fees and parking for classes or instruction, provided such classes or instruction
are related to the employee's assigned duties with the City.
Reimbursement will be made only after an employee has satisfactorily completed the class or
workshop with the grade of "C" or better or a "B" or better for graduate level courses and that
proof of completion has been submitted and approved by the City Manager.
In general, mandatory or required training time during working hours shall be considered part of
the job. If the City directs an employee to attend a specific, job-related training course during
non -working hours, employees may utilize flex time. All study time shall be considered
completely voluntary. No overtime pay, additional pay or compensatory time shall be given
unless advanced written approval is granted by the City Manager.
There is no mileage reimbursement for travel to and from educational classes. Required forms
must be completed and necessary documentation (receipts and grades) must be provided in
order to receive reimbursement. Final and conclusive determinations of the reimbursement
amount shall be made by the City Manager/Assistant City Manager after review of the request
and recommendations by the Department Director.
ARTICLE 33: WELLNESS PROGRAM
The City shall reimburse employees up to three -hundred dollars ($300) per fiscal year for
qualifying expenses of the City's Wellness Program. The form and information required to claim
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 19
reimbursement for this benefit, and the final determination of whether an expense qualifies for
this benefit, are left to the discretion of the City Manager.
ARTICLE 34: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full-time employees as outlined in the
Administrative Policy No. 30-09 approved by the City Manager. Full-time employees are eligible
for this program after the completion of the probationary period. Loans are due and payable in
full upon termination or separation of employment.
ARTICLE 35: EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City provides employees with access to the Employee Assistance Program (EAP)
SCHEDULES/ LEAVES
ARTICLE 36: VACATION ACCRUAL AND ACCRUAL CAP
Full-time employees will receive vacation accruals as follows:
Vacation Accumulation
Years of Service
Hours/Pay Period
Hours/Year
Days/Year
Maximum
Accumulated
Hours
Up to year 1
3.85
100
10
Year 1—Year 9
5.38
140
14
280
9+
6.15
160
16
320
All full-time employees accrue 100 hours of vacation leave during their first year of service. 140
hours are accrued for employees with one year of service, up to (but not over) 9 years. For
employees with over 9 years of service (9+) the accrual rate is 160 hours. Employees cease to
accrue vacation hours when, in any pay period, their balance exceeds two times their annual
accrual as determined by their anniversary date.
All vacation requests are to be pre -approved by the Department Director. Negative vacation
banks or borrowing from future accruals will not be allowed except under provisions of Article
39.
Vacation accruals will be determined by the percentage formula of actual hours in a paid status
by the City.
Example 1:
An employee (with 1-9 years of service) who works 80 hours on paid
status per pay period will accrue 5.38 hours/pay period.
An employee (with 1-9 years of service) who works 40 hours on paid
Example 2:
status per pay period will accrue 2.69 hours/pay period (50% of 5.38
hours/pay period).
Example 3:
An employee (with 1-9 years of service) who has a zero leave balance
and takes an extended leave of absence will not accrue any hours.
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On July 1, 2011, the City established two (2) vacation banks as follows:
Bank A: Vacation earned/accrued prior to June 30, 2011.
Bank B: Vacation earned/accrued after July 1, 2011 (Subject to a 2 -year cap).
ARTICLE 37: VACATION BUYBACK
In order to encourage employees to take regular vacations on an annual basis and to partially
limit the growth of the City's long-term liability of employee accrued vacation hours upon
separation of employment, the City has established the following criteria for vacation buyback.
A. Twice per calendar year, full-time employees are eligible to have the City buyback up to 100
combined hours of accumulated unused vacation time in June and/or December of the
following calendar year. Effective December 10, 2023, and continuing thereafter, employees
seeking buyback must submit an irrevocable election form, by no later than December 10th
of the preceding calendar year., With this form, employees can seek buyback of
accumulated unused vacation time in the following calendar year subject to the following
terms:
1. The employee may seek buyback of up to 50 hours in June. Employees receiving
any such June buyback may seek an additional buyback in December. Total maximum
buyback for any calendar year will be limited to 100 hours.
2. Employees seeking only a December buyback may receive up to 100 hours.
B. The payment shall be made via payroll with the last paycheck in the following June and/or
December after receipt of the irrevocable election form. In the event an employee has less
hours in their vacation bank at the time the cash -out is to be paid than they had previously
elected to cash -out, the employee shall only be paid for up to the amount remaining in their
vacation bank at the time of the actual cash -out. Employees who do not submit an
irrevocable election form by December 10th will be deemed as foregoing participation in the
optional annual leave buy-back program for that following calendar year. The buyback in
June and/or December may not reduce the vacation leave balance below the equivalent of
one year's accrual.
C. For the purposes of vacation buyback, all employees must utilize Bank A prior to utilizing Bank
B. However, if there are no hours accrued in Bank A, employees may utilize Bank B.
D. An employee who experiences an unforeseeable emergency may be permitted to make a
new irrevocable election and/or to increase the amount of the previous election, subject to
the same value that was permitted at the time the annual irrevocable election forms were
due. For these purposes, an "unforeseeable emergency" means a financial hardship to the
employee resulting from any of the following:
■ Accident, illness, injury or death of the employee or an immediate family member. For
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 21
this purpose, an "immediate family member" is restricted to a spouse, registered
domestic partner, child/legal dependent, or parent; or
■ Loss or extensive damage to the employee's property due to casualty; or
■ Other similar extraordinary and unforeseeable circumstances arising from events beyond
the control of the participant.
Whether an occurrence is an unforeseeable emergency shall be solely determined by the City
Manager or designee, but requests made under this provision shall not be unreasonably
denied.
The payment shall be made with the last paycheck in December of that same calendar year.
E. If it is subsequently determined by the City, the IRS, a court of competent jurisdiction or
another governing authority that the annual buyback provisions in place prior to December
10, 2021, or substantially similar, will not trigger constructive receipt of income from accrued
leave, the City will remove the irrevocable election process.
F. All buybacks shall be paid at the employee's base hourly rate of pay at the time of the
payment.
ARTICLE 38: SICK LEAVE
A full-time employee who is incapacitated from the performance of duties by reason of a non -
service related illness or injury, pregnancy, legal requirements of public health officials or for
reasons specified in the Family and Medical Leave (FMLA), California Family Rights Act (CFRA), or
other state of federal laws are eligible for sick leave.
1. Amount Earned: All full-time, regular, or probationary employees will accrue ten (10)
hours of sick leave per month. Sick leave will be earned, commencing on the first day of
employment as a probationary employee, and accrued on a bi-weekly basis. Employees
may accumulate up to a maximum of 120 hours of sick leave with pay per year. Sick leave
accruals will be determined by the percentage formula of actual hours in a paid status by
the City.
Example 1:
An employee who works 80 hours on paid status per pay period
will accrue 4.62 hours/pay period.
An employee who works 40 hours on paid status per pay period
Example 2:
will accrue 2.31 hour/pay period (50% of 4.62 hours/pay
period).
Example 3:
An employee who has a zero leave balance and takes an
extended leave of absence will not accrue any hours.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 22
Except for retirement, all unused sick leave hours will be forfeited when an employee
separates from employment, voluntarily or involuntary. Upon retirement, an employee's
unused sick leave hours will be converted to service credit as contracted with CaIPERS.
2. Sick Leave Cap: For employees hired after October 26, 2021, accrued sick leave balances
are capped at 500 hours.
3. Advanced Sick Leave: Sick leave time shall not be taken until such time has been accrued.
4. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein continues only during the period that the employee is employed by the
City. All benefits hereunder terminate upon the employee leaving City service. An
employee on military leave is not granted sick leave during the military leave period.
Employees are not eligible to utilize sick leave benefits within the first thirty (30) days of
employment.
Sick leave is not a leave which an employee may use at his/her discretion, but is allowed
only in cases of actual sickness or disability which make it impossible or inadvisable for
the employee to perform normal work assignments/functions. Sick leave may be utilized
for dental or medical appointments, medical assessments and/or due to a serious illness
in the immediate family. The City Manager/department director may deny or revoke sick
leave if the incapacitation for which it is taken is caused or substantially aggravated by
compensated outside employment. If an employee is absent from work for more than
three (3) working days without notifying his/her direct supervisor or department director,
the employee may be dismissed from City service for being absent without official leave.
Any abuse of sick leave usage is grounds for disciplinary action up to and including
dismissal.
5. Illness During Vacation Leave: Employees who become ill while on approved vacation
leave may request to use available sick leave in lieu of the approved vacation time for the
period of illness. Verification of illness may be required by the employee's supervisor
prior to approval.
6. Notification to Supervisor: Any employee needing to be absent because of sickness or
other physical disability must notify the appropriate department director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before or after the start of the regular shift when prior notice cannot be
given.
Sick Leave Authorized Due to Illness in Family: An employee is allowed sick leave due to
a serious illness in the immediate family. The definition of "family" defined under the
Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious
illness in the immediate family, a certificate of such illness and the need for the
employee's absence by the acceptable medical authority may be required by the
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 23
department director. In such case, the employee must be able to produce a verifying
certification upon request by the immediate supervisor or management.
8. Return to Work Following Illness: The department director may require an employee to
submit to a medical and/or psychiatric examination by a physician designated by the City
before permitting the employee to return to work after the employee has been on sick
leave. If the results of any such examination indicate that the employee is unable to
perform assigned duties, or if performance of those duties will expose others to infection,
the employee will be placed on sick leave, or leave without pay after all sick leave has
been used, until adequate medical evidence is submitted that the employee is competent
to perform assigned duties or will not subject others to the infection.
9. Medical Certificate Requirement: In order to be paid for sick leave, the employee must
make every good faith effort to notify his immediate supervisor prior to or within one
hour of the start of the employee's workday. The department director may request, for
cause, a certificate issued by a licensed physician or other satisfactory proof of illness
before sick leave is granted. The department director may also choose a licensed
physician to conduct a physical examination at City expense. Any employee who makes
application for sick leave may be required by either the department director or City
Manager to file a certificate signed by a duly and regularly licensed physician authorized
to practice medicine or may be required to submit a personal statement which states the
employee was incapacitated from performing the duties of the position for each day that
sick leave is requested. Authority will also be given to the physician signing the certificate,
to disclose to the City Manager or the department director, information relating to sick
leave. Sick leave will be granted when the application for sick leave is approved by the
department director or the City Manager.
10. Transfer of Sick Leave: New employees may be credited up to two hundred (200) hours
of sick leave from their previous employer provided the previous employer did not
otherwise compensate the employee for said hours. The new employee must provide a
letter or documentation from the previous employer verifying accrued but
uncompensated hours.
11. Sick Leave for Separating Employees: An employee will not receive any payment for
unused accumulated sick leave upon dismissal of employment or retirement (either disability or
regular). An employee may not use sick leave to extend a retirement (either disability or regular)
or dismissal date. This prohibition does not affect an employee's right to obtain sick leave credit
with CalPERS. Any other balances or if an employee resigns or is dismissed will be forfeited.
12. Sick Leave Donation: The City has adopted a sick leave donation policy, Policy 30-29
("Catastrophic Leave Program) for full-time employes who have completed their initial
probationary period. The parties agree that the policy was intended to be adopted in accordance
with IRS Revenue Ruling 90-29 and other applicable legal standards. A copy of the policy is
included in Appendix B to this MOU.
2023-2025 MOU City of Rosemead & AFSCME Local 321 Page 24
ARTICLE 39: CITY -RECOGNIZED HOLIDAYS
A) The following days are recognized and observed as paid holidays:
1. New Year's Day (January 111)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Cesar Chavez (March 31st)
5. Memorial Day (the last Monday in May)
6. Juneteenth (June 19th)
7. Independence Day (July 4th)
8. Labor Day (the first Monday in September)
9. Veteran's Day (November 11th)
10. Thanksgiving Day
11. Christmas Eve (December 24th)
12. Christmas Day (December 251h)
B) If one of the above listed City recognized holidays falls on a Friday or Saturday, the holiday
will be observed on the preceding Thursday. If the holiday falls on a Sunday, the holiday
will be observed on the following Monday.
C) Non-essential City services and facilities are closed from Christmas Eve through New
Year's Day. Employees are required to utilize their own time or may opt to take the time
off without pay during the holiday closure. Employees with less than 3 months of service
may use unearned vacation time with any resulting negative balances to be repaid from
future accruals, or in the event of separation prior to repayment, from direct repayment
of the outstanding balance to the City by the former employee. Employees assigned to
work during this period to provide essential services shall not be required to utilize leave
banks for time actually worked. If an employee is required by the employee's supervisor
or director to work during the holiday closure and works on a day being observed as a
holiday (either a Thursday, Friday or Monday), then the employee shall be compensated
at 1% overtime pay in accordance with Article 17 for hours worked on the day being
observed as the holiday.
ARTICLE 40: TEMPORARY MODIFIED WORK SCHEDULE
Depending on an employee's area of assignment, an alternate work schedule may be arranged
with Department Director approval. This could include the possibility of utilizing a flextime or
telecommuting from an offsite location. Any prolonged telecommuting arrangement must be
approved by the City Manager.
Any alternate workweek must be approved, in writing, by the City Manager.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 25
ARTICLE 41: FLEXIBLE SCHEDULING DUE To SPECIAL EVENTS
All full-time employees are required to work the 4th of July Parade/Carnival/Fireworks special
event. In addition, some employees are required to work special events in the course of their
regular duties. The City reserves the right to adjust the day's work hours to meet the staffing
needs of the 4th of July Parade/Carnival/Fireworks special event. Employees shall not be assigned
tasks during these events that exceed the physical demands of the employee's regular position.
For every work week in which there is a designated special event, the City Manager may authorize
the 'flexing' of all hours within the same workday or same workweek of the special event while
ensuring that appropriate staff coverage is maintained for operational needs and continued City
services. For purposes of this Article, a "special event" is a scheduled, pre -planned program,
activity, or other event that is offered by the City for attendance by one or more members of the
public. Events scheduled exclusively for and/or exclusively attended by appointed or elected City
officials, or other City employees, are not special events for purposes of this Article.
• If a special event falls on a City recognized holiday or a day being observed as a City
recognized holiday, employees will be paid the hours of the observed holiday at straight
time and for any hours worked consistent with Article 17 and Article 18. If the hours
worked for the special event are more than a normal workday, then any overtime will be
paid in accordance with Article 17.
• If the event falls on a day of the week that would have been a normal workday,
employees' work hours may be adjusted to accommodate the needs of the special event.
• If the event occurs on a normal non -workday, employees' workdays may be "flexed"
within the same workweek.
• If hours cannot be flexed within the same workweek due to operational needs of the City,
any overtime will be paid for excess hours worked in accordance with Article 17.
Emergency/disaster situations are not considered special events under this Article.
ARTICLE 42: BEREAVEMENT LEAVE
In the event of the death of an employee's immediate family (defined as spouse, parent, step-
parent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in-law,
brother-in-law, registered domestic partner or child of a registered domestic partner), employees
are entitled to forty (40) hours for bereavement leave per incident.
ARTICLE 43: JURY LEAVE
An employee of the City who is required to participate as a juror or required to participate in the
jury selection process, shall be paid upto and including 80 hoursof salary and benefits during each
fiscal year while engaged in such activities. Any employee called to serve as a juror shall receive
his/her regular compensation while on such leave, provided that the employee remits to the City
any payments or fees received as a juror, excluding mileage reimbursement. Employee shall
provide from the courts, certification of the amount of time served on jury duty each day for
which jury duty leave with pay is requested. Employees shall return to their regular job
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 26
assignment after being released from jury duty each day provided at least one-half (1/2) of their
shift remains.
Compensation shall extend beyond 80 hours only upon provision to the City of a certified court
document showing that trial counsel and/or the Court estimated the length of trial for which an
employee has been selected as juror, to be more than 80 hours.
The employee shall advise their Department Director and the Human Resources Manager upon
receiving a court order to appear beyond the 80 hours as a juror. The granting of such leave with
pay shall be subject to the approval of the City Manager or designee, consistent with the
requirements set forth herein.
OTHER
ARTICLE 44: DIRECT DEPOSIT
Employees are offered an option to authorize the automatic deposit of each paycheck into an
individual's checking, savings, or credit union account. Payroll checks will not be issued in
advance.
ARTICLE 45: CITY RIGHTS
It is understood and agreed that the City retains all exclusive rights and authority to manage
municipal services and the work force performing those services except those expressly limited
or modified by this Agreement. It is agreed that during the term hereof, the City shall not be
required to meet and confer on matters which are solely a function of management, including
the right to:
• Determine and modify the organization of City government and its constituent work units.
• Determine the nature, standards, levels, and mode of delivery of services to be offered
to the public.
• Determine the methods, means, and the number and kinds of personnel by which services
are to be provided.
• Determine whether goods or services shall be made or provided by the City, or shall be
purchased, or contracted for.
• Direct employees, including scheduling and assigning work, work hours, and overtime.
• Establish employee performance standards and to require compliance therewith.
• Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and
benefits, or otherwise discipline employees, subject to the requirement of applicable law.
• Relieve employee from duty because of lack of work or lack of funds or for other
legitimate reasons.
• Implement rules, regulations, and directives consistent with law and specific provisions
of this MOU.
• Take all necessary actions to protect the public and carry out its mission in emergencies.
• Determine the contents of job classifications.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 27
• Contract out and transfer work out of the bargaining unit.
• Exercise complete control and discretion over its organization and the technology of
performing its work.
However, the City will meet and confer regarding the impact consequences of the City Rights
matters and will be addressed with the Association as meet and confer.
ARTICLE 46: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
insurrection, civil disorder or national emergency, or similar circumstances, the provisions of this
Memorandum of Understanding or City's Human Resources Rules and Regulations, which restrict
the City's ability to respond to these emergencies, shall be suspended for the duration of such
emergency. The Union shall have the right to meet and confer with the City regarding the impact
on employees of the suspension of these provisions in the Memorandum of Understanding and any
City Human Resources Rules and Policies. The City agrees that this provision will not be used to
unilaterally eliminate any of its financial obligations or to reduce any of the economic benefits
provided to bargaining unit employees covered by this MOU.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 28
APPENDIX A
City of Rosemead
General Employees Monthly Salary Schedule
Effective July 1, 2023
Position Title
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Accounting Specialist
4,272
4,400
4,532
4,668
4,808
4,952
5,101
5,254
5,412
5,574
Administrative Assistant
4,200
4,326
4,456
4,590
4,728
4,870
5,016
5,166
5,321
5,481
Assistant Planner
5,244
5,401
5,563
5,730
5,902
6,079
6,261
6,449
6,642
6,841
BuildingInspector
5,717
5,888
6,065
6,247
6,434
6,627
6,826
7,031
7,242
7,459
Code Enforcement Officer
4,652
4,792
4,936
5,084
5,237
5,394
5,556
5,723
5,895
6,072
Facilities Technician
4,096
4,219
4,346
4,476
4,610
4,748
4,890
5,037
5,188
5,344
Maintenance Lead Worker
4,559
4,696
4,837
4,982
5,131
5,285
5,444
5,607
5,775
5,948
Maintenance Worker
3,971
4,090
4,213
4,339
4,469
4,603
4,741
4,883
5,030
5,181
Permit Technician
4,581
4,718
4,860
5,006
5,156
5,311
5,470
5,634
5,803
5,977
Plan Checker
6,317
6,506
6,701
6,902
7,109
7,322
7,542
7,768
8,001
8,241
Public Works Inspector
5,640
5,809
5,983
6,163
6,348
6,538
6,734
6,936
7,144
7,358
Recreation Coordinator
4,383
4,515
4,650
4,789
4,933
5,081
5,233
5,390
5,552
5,719
Senior Accounting Specialist
4,593
4,731
4,873
5,019
5,170
5,325
5,485
5,650
5,819
5,994
City of Rosemead
General Employees Monthly Salary Schedule
Effective July 1, 2024
Position Title
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Accounting Specialist
4,400
4,532
4,668
4,808
4,952
5,101
5,254
5,412
5,574
5,741
Administrative Assistant
4,326
4,456
4,590
4,728
4,870
5,016
5,166
5,321
5,481
5,645
Assistant Planner
5,401
5,563
5,730
5,902
6,079
6,261
6,449
6,642
6,841
7,046
Building Inspector
5,888
6,065
6,247
6,434
6,627
6,826
7,031
7,242
7,459
7,683
Code Enforcement Officer
4,792
4,936
5,084
5,237
5,394
5,556
5,723
5,895
6,072
6,254
Facilities Technician
4,219
4,346
4,476
4,610
4,748
4,890
5,037
5,188
5,344
5,504
Maintenance Lead Worker
4,696
4,837
4,982
5,131
5,285
5,444
5,607
5,775
5,948
6,126
Maintenance Worker
4,090
4,213
4,339
4,469
4,603
4,741
4,883
5,030
5,181
5,336
Permit Technician
4,718
4,860
5,006
5,156
5,311
5,470
5,634
5,803
5,977
6,156
Plan Checker
6,506
6,701
6,902
7,109
7,322
7,542
7,768
8,001
8,241
8,488
Public Works Inspector
5,809
5,983
6,163
6,348
6,538
6,734
6,936
7,144
7,358
7,579
Recreation Coordinator
4,515
4,650
4,789
4,933
5,081
5,233
5,390
5,552
5,719
5,891
Senior Accounting Specialist
4,731
4,873
5,019
5,170
5,325
5,485
5,650
5,819
5,994
6,174
2023 - 2025 MOU City of Rosemead & AFSCME Local 321 Page 30
ROSEMEAD EMPLOYEE ASSOCIATION
BY'
Ji on
AP resident
By: �-
Vicario
REA Vice -President
Amaren Rojsirivit
REA Treasurer
Russell Maitland
Business Representative — AFSCME
CITY OF ROSEMEAD
BY:
Ben Kim
City Manager
4 l
Bryan Chua
Finance Director
,E�,
Partner — Burke, Williams&SoF4en, P
The parties hereto have caused this memorandum of understanding to be executed this
12th day of September, 2023.
2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 29
r)
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding (MOU) to promote and provide for
harmonious relations, cooperation, and communication between the City and the Rosemead
Employee Association. As a result of good faith negotiations between the City and Association
representatives, this MOU sets forth the Agreement regarding wages, hours and other terms and
conditions of employment for Team Members covered by this Memorandum. This Memorandum
provides for an orderly, means of resolving differences which may arise from time to time during
its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This MOU is made and entered into between the City of Rosemead, herein referred to as the
"City" and the representatives of the Rosemead Team Member Association, herein referred to as
the "Association". Full consideration has been given to salaries, Team Member benefits, and
other terms and conditions of employment. Pursuant to the provisions of Section 3505.1 of the
Government Code of the State of California, said parties agree to this MOU effective July 1, 2020
upon approval of the City Council.
This MOU is effective July 1, 2020 and will continue in effect until June 30, 2021. The
Association is officially recognized as the representative body for all full-time General Services
Unit Team Members of the City. This MOU represents the full and complete understanding
between the parties related to the subject matter set forth herein and all preliminary negotiations
of whatever kind or nature are merged herein.
Full-time Team Members in the following classifications are covered by this agreement:
Accounting Specialist
Housing Project Coordinator
Accounting Specialist, Senior
Maintenance Worker
Administrative Assistant
Maintenance Lead Worker
Assistant Planner
Office Specialist
Code Enforcement Officer
Public Safety Coordinator
Facilities Technician
Recreation Coordinator
ARTICLE $: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this MOU is for any reason
held to be illegal or unconstitutional, such decision does not affect the validity of the remaining
portion of this MOU.
ARTICLE 4: IMPLEMENTATION
This MOU constitutes a mutual recommendation by the parties to the City Council that one or
more resolution be adopted accepting this MOU and effecting the changes enumerated herein
relative to wages, benefits, and other terms and conditions of employment for the Team Members
of the City. It is expressly intended that the duties, responsibilities, and functions of the City in the
operation of its functions will in no manner be impaired, subordinated, or negated by any
provisions of this agreement.
ARTICLE S: NON-DISCRIMINATION
The Association or the City will not discriminate against any Team Member based upon race,
religious creed, color, national origin, age (40 and over), ancestry, sexual orientation, sex, gender
identity, gender expression, military and veteran status, disability (physical or mental), sexual
orientation, marital status, pregnancy, child birth or related medical condition, genetic
information/characteristics, or any other legally protected characteristics.
0 0 -
ARTICLE G' TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this MOU will be effective upon
ratification by the City Council effective July 1, 2020 and ending June 30, 2021.
ARTICLE 7: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET
COMPARISONS
Based on the COVID-19 Pandemic and resulting uncertainty regarding its impact to the City's
overall budget, all provisions regarding labor market adjustments are suspended for fiscal year
2020-2021. The language below regarding labor market adjustments, salary surveys, and survey
cities was contained in the 2018-2020 MOU. The parties agree that none of those provisions are
in effect for the 2020-2021 MOU. The parties agree, however, that the language regarding merit
increases will be in effect, as modified, for the 2020-2021 MOU.
A basic tenet of the compensation system is that the City will not provide annual across-the-board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the survey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent (+/-5%)
constitutes a "competitive position" in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification -by -classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average (mean) base pay of the survey cities. The selected pay range will then be reduced by
five percent (5%) in recognition of the City's rich benefits allowance and the principle that +/-5%
of the average constitutes a "competitive" position in the labor market. On a bi-annual basis, the
non -benchmark to benchmark linkages will be reviewed. A designated REA member will review
the survey of the benchmark classifications for transparency.
If a Team Member's base salary is below the adjusted minimum salary range of his/her
classification, his/her salary will be adjusted to the minimum salary range in the range for that
classification.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a three -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; 2) full contract city status; and/or a sufficient number of
comparable positions. The following cities will be surveyed on a periodic basis for comparison
purposes:
Alhambra La Mirada Paramount Temple City
Diamond Bar La Puente Pico Rivera
Duarte Montebello San Dimas
EI Monte Monterey Park San Gabriel
SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE
The City's pay -for -performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his/her annual performance evaluation. All Team Member salary
increases, within the salary range, are based on merit through the annual performance
evaluations. Based on the Team Member's performance rating on his/her performance
(40, r)
evaluation, a Team Member is eligible for a merit increase. Team Members eligible for a merit
increase will be eligible to receive up to a 5% merit increase during the term of this agreement.
Team Member salaries may not exceed the maximum salary range within the respective job
classification. Current Team Members whose salaries exceed the maximum salary range for the
job classification will be y -rated (frozen) and will not receive any merit increases until the salary
ranges are adjusted based on the labor market survey comparisons.
The parties agree that the following language, which was contained in prior MOUs, is not in effect
for the 2020-2021 MOU: Effective July 1, 2014, the salary ranges of all positions that are "topped
out" or exceed the maximum salary range for the classification will be surveyed on an annual
basis. All other classifications will be surveyed bi-annually.
All full-time Team Members are part of the Merit Based Compensation System. All Team
Member salary increases, within the salary range, are based on merit through the annual
performance evaluations. Based on the Team Member's performance overall rating on the
performance evaluation, a Team Member is eligible for a merit increase. The following is the
performance rating categories and percentage increases that a Team Member may be eligible for
based upon funding for FY2020-2021.
Unsatisfactory
0.0-2.4
0%
Needs Development
2.5-2.9
0%
Meets Expectations
3.0-3.9
3%
Exceed Expectations
4.0-4.5
4%
Substantially Exceeds Expectations
4.6-5.0
5%
The City will provide for merit increases up to 5% for the FY 2020-2021.
The City recognizes that a situation may arise in which, as a result of personnel changes at the
supervisory or managerial level, the City Manager determines that there is no currently employed
supervisor or manager who has sufficient basis to evaluate an employee's performance in the
prior review period. In that limited circumstance, the employee will be provided with an increase
in the amount of 2.5% of base compensation.
ARTICLE 8: PERFORMANCE EVALUATION
All Team Members will receive an annual performance evaluation. The City recognizes the
importance of conducting timely evaluations. Supervisors, managers, and department directors
must submit and conduct performance evaluations in a timely manner on the date the evaluations
are due. Every effort must be made by the supervisors, managers, and department directors to
submit timely evaluations. However, the City recognizes that when an emergency or an
unforeseen circumstance arises, the expectation is to submit the evaluations as soon as
practicable.
Aside from an emergency or an unforeseen circumstance, in the event that a supervisor will not
be able to complete an employee performance evaluation report in a timely manner, the
supervisor shall notify the department director and request a time extension for completion of the
performance evaluation report. An extension of two (2) weeks will be permitted for the supervisor
to complete the evaluation. In addition, the supervisor must inform and notify the respective
Team Member if the evaluation will not be completed on time.
l,J
lJ
If a Team Member is out on an extended leave of absence, the performance evaluation will be
extended out by the equal amount of time/duration the Team member is out on the leave of
absence. An extended leave of absence is defined as thirty (30) days or longer.
A probationary Team Member will receive an interim performance evaluation at six months from
the date of hire. Interim performance evaluations are not linked to any merit adjustments or
increases.
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City contracts with California Public Employees' Retirement System (CaIPERS) to serve as
the health insurance provider for the City.
ARTICLE 10: CAFETERIA -STYLE HEALTH. WELFARE. & SAVINGS BENEFIT
Effective July 1, 2016, the City will provide each full-time Team Member with $1,700 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long-term care, or long-
term saving program. Team Members can also choose to waive coverage and take the entire
benefit as deferred compensation or cash, but must first show proof of group health insurance
coverage through an individual, a spouse or family member's coverage through their employer
and complete the Voluntary Decline of Health Care Offered under the City of Rosemead Group
Plan form.
ARTICLE 11: CHANGES TO HEALTHCARE LAWS
The parties recognize that certain changes to State or Federal laws, programs, taxes or
regulation including, but not limited to, the Affordable Care Act (ACA), may impact future medical
plan offerings. In the event that such reform measures or resulting changes in the ACA altering
the healthcare coverage, options, costs or other elements, either party may request to reopen
Article 9,10, and 37 regarding medical insurance to meet and confer over any changes to the
medical insurance/benefits.
ARTICLE 12: RETIREMENT HEALTH PLAN
For all full-time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City, and who retire from the City, an allocation of up to $1,000/ month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $1,000/month, the City will only cover
the first $1,000/month of the cost of the selected program. Once the Team Member reaches age
65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare
coverage, with the City picking up the remaining cost of health insurance coverage up to a
maximum of $1,000/month.
For all full-time Team Members hired on or before July 1, 2007, who have 12-19 years of service
with the City, and who retire from the City, an allocation of up to $500/month will be given to pay
for health care benefits for the duration of their retirement. If the health insurance program
selected by the Team Member costs more than $500/month, the City will only cover the first
$500/month of the cost of the selected program.
The above retirement health contributions will only be in effect for full-time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and/or any eligible dependent.
4
i"S t)
Team Members hired after July 1, 2007 will receive retiree health benefits in accordance with
public employees' retirement laws and CaIPERS.
ARTICLE 13: RETIREMENT PROGRAM (CALIPERS)
Team Members will be enrolled in the City's retirement program through CaIPERS.
On July 1, 2007, the City began providing the 2.7%@55 benefit formula with one-year final
compensation option with no cap.
On July 1, 2010, the City implemented a 2 -tier system with changes for new hires only. All full-
time new hires, hired on or after July 1, 2010, will be subject to the 2%@55 formula with one-year
final compensation option. All existing full-time Team Members hired prior to July 1, 2010 will
remain at the 2.7@55 formula.
Under the Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013,
all "new members' will be subject to the 2.0% @ age 62 benefit formula which also requires a
three year final compensation (the highest average annual pensionable compensation earned by
a member during a period of at least 36 months) with an early retirement age of 52.
A "New Member" is defined as:
1. A new hire that is brought into CaIPERS membership for the first time on or after January
1, 2013, and who has no prior membership in any other California public retirement
system.
2. A new hire who is brought into CalPERS membership for the first time on or after January
1, 2013, and who is not eligible for reciprocity with another California public retirement
system.
3. A member who established CalPERS membership prior to January 1, 2013, and who is
hired by a different CalPERS employer after January 1, 2013, after a break in service of
greater than six months.
Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a "new
member's" member contribution rate. All non -classic, new CalPERS members must pay 50% of
total normal cost as employee contribution rate.
CalPERS refers to all members that do not fit within the definition of a new member as "classic
members". All existing CalPERS members as of December 31, 2012, will retain the existing
benefit levels for future service with the same employer.
By January 1, 2018, all "classic members' were required to contribute their full share up to 8% of
the Team Member contribution of the CalPERS rate.
Effective July 1, 2014, all classic members enrolled in CalPERS began paying 2% of salary to
CalPERS towards retiree benefits. In consideration of the members 2% contribution towards
CaIPERS, all classic members received a 2% increase in pay on July 1, 2014.
Effective July 1, 2015, all classic members enrolled in CalPERS began paying an additional 2%
of salary to CalPERS towards retiree benefits for a total of 4%. In consideration of the member's
additional 2% contribution towards CalPERS, all classic members received another 2% salary
increase on July 1, 2015.
Effective July 1, 2016, all classic members enrolled in CalPERS began paying an additional 2%
of salary to CalPERS towards retiree benefit for a total of 6%. In consideration of the member's
additional 2% contribution towards CalPERS, all classic members received a 2% increase in pay
on July 1, 2016.
Effective July 1, 2017, Tier 1 classic members began contributing an additional 2% to CalPERS
for a total of 8% and Tier 2 classic members began contributing an additional 1% for a total of
7%. In consideration of the members' additional contribution towards CalPERS, Tier 1 classic
members received a 2% increase in pay and Tier 2 classic members received a 1% increase in
pay.
ARTICLE 14: ENHANCED RETIREMENT PROGRAM: PUBLIC AGENCY RETIREMENT SERVICES
PARS
The City offers an enhanced retirement package through Public Agency Retirement Services
(PARS) for all Team Members hired prior to July 1, 2010. Covered full-time Team Members who
retire from Rosemead after working 20 years for the City will have their pension formula
enhanced to 3%@55, with the provision that the maximum pension allowance that Team
Member's can accrue through PARS is 90% of their final pay. The PARS retirement pension is
limited to 90% of their final pay. Team Members must be at least 55 years of age to qualify for
PARS.
All Team Members hired on or after July 1, 2010 are ineligible for the Enhanced Retirement
Program through PARS in accordance with State law. PARS has been eliminated for all new full-
time Team Members.
ARTICLE 15: SOCIAL SECURITY
The City deducts from each full-time employee's paycheck, an amount as determined by law for
the Federal Insurance Contributions Act (Social Security). In addition, the City contributes an
additional amount at least equal to the employee's contribution.
ARTICLE 16: DEFERRED COMPENSATION PROGRAM (401A�
For all full-time Team Members, the City set-up and began contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula is as follows:
5-9
10-14
1%
4%
In accordance with State law, all Team Members hired on or after July 1, 2010 are ineligible for
the employer funded deferred compensation program. The employer funded deferred
compensation program has been eliminated for all new full-time Team Members.
ARTICLE 17: VACATION ACCRUAL AND ACCRUAL CAP
Full-time team members will receive vacation accruals as follows:
(4,111 r)
All full-time Team Members accrue 100 hours of vacation leave during their first year of service.
140 hours are accrued for Team Members with one year of service, up to (but not over) 13 years.
For Team Members with over 13 years of service (13+) the accrual rate is 160 hours. Team
members cease to accrue vacation hours when, in any pay period, they exceed two times their
annual accrual as determined by their anniversary date.
All vacation requests are to be pre -approved by the Department Director. Negative vacation
banks or borrowing from future accruals will not be allowed.
Vacation accruals will be determined by the percentage formula of actual hours in a paid status
by the City.
A Team Member (with 1-13 years of service) who works 80 hours on paid
status per pay period will accrue 5.38 hours/pay period.
A Team Member (with 1-13 years of service) who works 40 hours on paid
status per pay period will accrue 2.69 hours/pay period (50% of 5.38
A Team Member (with 1-13 years of service) who has a zero leave
balance and takes an extended leave of absence will not accrue any
hours.
ARTICLE 18: VACATION BUYBACK
In order to encourage Team Members to take regular vacations on an annual basis and to
partially limit the growth of the City's long-term liability of Team Member accrued vacation hours
upon separation of employment, the City has established the following criteria for vacation
buyback.
Once per calendar year, a full-time Team Member is eligible to have the City buyback up to 60
hours of accumulated unused vacation time. On July 1, 2011, the City established two (2)
vacation banks as follows:
Bank A: Vacation earned/accrued prior to June 30, 2011.
Bank B: Vacation earned/accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B.
ARTICLE 19: CITY -RECOGNIZED HOLIDAYS
The following days are recognized and observed as paid holidays:
1. New Year's Day (January 151)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 4'h)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 11'h)
8. Thanksgiving Day
9. Christmas Day (December 251")
Non-essential City services and facilities are closed from noon on Christmas Eve to New Year's
Day. If a Team Member elects to take the non -holidays off, he/she is required to utilize his/her
own time. If a holiday falls on a Friday or Saturday, Team Members will observe that holiday on
the preceding Thursday. If the holiday falls on a Sunday, Team Members will observe that holiday
on the following Monday.
At the discretion of the City Manager and based upon business needs, Team Members may be
released at 12:00 p.m. on December 241h.
ARTICLE 20: HOLIDAY PAY
Full-time, non-exempt Team Members receive straight time for the holiday plus 11/2 time for hours
worked on the holiday if the work schedule in the work period in which the holiday falls has not
been designated as an alternative work schedule as listed in Article 25 of this agreement.
ARTICLE 21: FLOATING HOLIDAYS
Team Members receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited. In case a Team Member
terminates employment with the City, he/she will forfeit any unused floating holidays.
ARTICLE 22: OVERTIME / COMPENSATORY TIME
Team Members may be required to work overtime by their respective department director. Only
time worked in excess of forty (40) hours in a given workweek will be considered overtime.
Vacation, sick leave, holidays, floating holidays, and other time not actually worked will not be
counted towards the forty (40) hours. All overtime must be pre -authorized by the department
director. Emergency or unforeseen events/circumstances will be determined on a case-by-case
basis by the department director.
On July 1, 2007, Compensatory Time -Off (CTO) was eliminated. Instead, non-exempt Team
Members who work overtime will be paid for those overtime hours at a rate of one and one-half
(1.5) times their regular pay rate for all hours worked in excess of forty (40) hours in a workweek.
Team Members who accrued CTO prior to July 1, 2007 are authorized to keep those hours. Use
of CTO earned is granted but may not unduly disrupt the operations of the City. Terminating
Team Members will be compensated for accrued compensatory hours. Furthermore, Team
Members who have accrued CTO may elect to have the City buy back any hours of CTO per
year. Said buy back will take place during the second pay period in December of each year and
will be paid at the Team Member's hourly rate at the time the CTO is sold back. In addition,
accrued CTO for any terminating Team Member will be paid out at the Team Member's hourly
rate at the time of termination.
ARTICLE 23: PROBATIONARY PERIOD
The probationary period, of one year (2080 supervised hours), shall be an integral part of the
employment examination process and shall be utilized as an opportunity to closely observe the
Team Member's work, to provide special training, to assist the Team Member in adjusting to the
new position, and to reject any Team Member whose work performance, adaption, or personal
conduct fails to meet required standards. A probationary Team member shall have no right of
tenure and may be dismissed with or without cause, at any time, during the probationary period
without right of appeal, grievance, or hearing. Probationary Team Members do not have property
or vested rights in their positions with the City.
All Team Members shall receive an interim performance report after completion of six (6) months
of the probationary period. Satisfactory completion of probation is based on total performance
during the entire probationary period. The City Manager may, in his/her sole discretion, extend
the probationary period an additional 1040 hours (six (6) months).
If a Team Member is out on an extended leave of absence, the probationary period will be
extended out by the equal amount of time/duration the Team member is out on the leave of
absence.
X11 n
Employees promoted to a higher position shall also serve a probationary period that is subject to
the provisions of this article.
ARTICLE 24: FLEXIBLE SCHEDULING
Depending on a Team Members area of assignment, an alternate work schedule may be
arranged with Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
must be approved by the City Manager.
Any alternate workweek must be approved, in writing, by the City Manager.
ARTICLE 25: FLEXIBLE SCHEDULING ON SPECIAL EVENTS
Based on economic or business necessity, all full-time Team Members are required to work
special events with the ability to "flex" their hours to meet the human resources demands of the
City's special events which include:
• 4th of July Parade/Carnival/Fireworks Show
• Fall Fiesta
This condition exists in every week in which there is a special event. If an unscheduled event
arises, the City Manager has the authority to implement an Alternative Work Schedule which
allows for the "flexing' of hours within the same work period of the special event. Supervisors
and department directors have the authority to approve/deny or reschedule "flex" hours so that
appropriate staff coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours worked
up to ten (10) will be banked which must be used by December 31". Those hours must be used
before the end of the calendar year or they will be forfeited.
In addition, an emergency disaster is exempt from a flexible scheduling and does not fall under
the definition of special events.
ARTICLE 26: SICK LEAVE
A full-time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non -service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
1. Amount Earned: All full-time, regular or probationary Team Members will accrue ten (10)
hours of sick leave per month. Sick leave will be earned, commencing on the first day of
employment as a probationary Team Member, and accrued on a bi-weekly basis. Team
Members may accumulate up to a maximum of 120 hours of sick leave with pay per year.
Sick leave accruals will be determined by the percentage formula of actual hours in a
paid status by the City.
Now�,+ij�+zt A Team Member who works 80 hours on paid status per pay period
will accrue 4.62 hours/pay period.
A Team Member who works 40 hours on paid status per pay period
will accrue 2.31 hour/Dav period (50% of 4.62 hours/Dav Deriod).
A Team Member who has a zero leave balance and takes an
extended leave of absence will not accrue any hours.
Except for retirement, all unused sick leave hours will be forfeited when a Team Member
separates from employment, voluntarily or involuntary. Upon retirement, a Team
Member's unused sick leave hours will be converted to service credit as contracted with
CaIPERS.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein continues only during the period that the Team Member is employed by
the City. All benefits hereunder terminate upon the Team Member leaving City service.
A Team Member on military leave is not granted sick leave during the military leave
period. Team Members are not eligible to utilize sick leave benefits within the first thirty
(30) days of employment.
Sick leave is not a leave which a Team Member may use at his/her discretion, but is
allowed only in cases of actual sickness or disability which make it impossible or
inadvisable for the Team Member to perform normal work assignments/functions. Sick
leave may be utilized for dental or medical appointments, medical assessments and/or
due to a serious illness in the immediate family. The City Manager/department director
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his/her direct
supervisor or department, the Team Member may be dismissed from City service for
being absent without official leave. Any abuse of sick leave usage is grounds for
disciplinary action up to and including dismissal.
4. Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his/her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability must notify the appropriate department director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before or after the start of his/her regular shift when prior notice cannot be
given.
6. Sick Leave Authorized Due to Illness in Family: A Team Member is allowed sick leave
due to a serious illness in the immediate family. The definition of "family" defined under
the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious
illness in the immediate family, a certificate of such illness and the need for the Team
Member's absence by the acceptable medical authority may be required by the
department director. In such case, the Team Member must be able to produce a
verifying certification upon request by the immediate supervisor or management.
Return to Work Following Illness: The department director may require a Team Member
to submit to a medical and/or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member will be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for sick leave, the Team Member
must make every good faith effort to notify his immediate supervisor prior to or within one
hour of the start of the Team Member's work day. The department director may request,
10
11011111 n.
for cause, a certificate issued by a licenses physician or other satisfactory proof of illness
before sick leave is granted. The department director may also choose a licensed
physician to conduct a physical examination at City expense. Any Team Member who
makes application for sick leave may be required by either the department director or City
Manager to file a certificate signed by a duly and regularly licensed physician authorized
to practice medicine or may be required to submit a personal statement which states the
Team Member was incapacitated from performing the duties of the position for each day
that sick leave is requested. Authority will also be given to the physician signing the
certificate, to disclose to the City Manager or the department director, information relating
to sick leave. Sick leave will be granted when the application for sick leave is approved
by the department director or the City Manager.
9. Transfer of Sick Leave: New Team Members may bring with them/transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member must provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member will not receive any payment for unused accumulated sick leave upon dismissal
of employment or retirement (either disability or regular). A Team Member may not use sick
leave to extend a retirement (either disability or regular) or dismissal date. This prohibition does
not affect a Team Member's right to obtain sick leave credit with CaIPERS. Any other balances
or if a Team Member resigns or is dismissed will be forfeited.
The parties agree that during the term of this MOU, the City will adopt a sick leave donation
policy. The parties agree that the policy is intended to be adopted in accordance with IRS
Revenue Ruling 90-29 and other applicable legal standards under which employees can donate
sick leave to another employee whose own medical condition, or family member's medical
condition, will require the prolonged absence of that other employee from duty and will result in a
substantial loss of income to the employee because the employee will have exhausted all paid
leave available, apart from the donated leave under the plan.
ARTICLE 27: BEREAVEMENT LEAVE
In the event of the death of a Team Member's immediate family (defined as spouse, parent, step-
parent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in-law,
brother-in-law, registered domestic partner or child of a registered domestic partner), Team
Members are entitled to forty (40) hours for bereavement leave per incident.
ARTICLE 28: JURY LEAVE
Team Members required to serve on a jury are entitled to their regular compensation for up to
eighty (80) hours provided that fees for jury service are deposited to the Finance Department.
ARTICLE 29: BILINGUAL PAY
The City offers a bilingual pay program for eligible Team Members who consistently utilize other
languages to translate during the normal course of work. To qualify, Team Members must pass
the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and Mandarin. A maximum of three (3) positions per language per site
may be certified to receive bilingual pay by the City. It will be applicable at all primary sites (City
Hall, Rosemead Community Recreation Center (RCRC), Garvey Community Center, Public
Safety and Public Works). In the event that more than three (3) Team Members wish to apply for
it, management will determine the top three (3) based upon positional need. Once certified, Team
Members will receive a bilingual stipend of $75 per month.
Any Team Member who is not certified by the City is not required to use a language other than
English. However, when a member of the public, requests assistance in a language other than
11
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English, our Team Members must make a reasonable effort to accommodate and assist in a
polite and professional manner.
The City reserves the right to suspend bilingual pay if the Team Member is out on an extended
leave of absence of more than 80 consecutive hours and is not physically present at work to
provide bilingual services.
ARTICLE 30: SNORT -TERM DISABILITY/LONG TERM DISABILITY
State Disability Insurance (SDI) is a partial wage replacement insurance in which the City does
not participate in. However, for non -work related Team Member disabilities, the City offers Short -
Term Disability (STD)/Long-Term Disability (LTD) to full-time Team Members. Workers
compensation injuries are excluded from disability leave/insurance offered by the City.
The City provides Team Members with a short-term disability plan to protect against cases where
a non -work-related illness or injury is sustained which results in an inability to work for a short
period of time. Team Members will receive 66.67% or 2/3 of their pre -disability base salary (1
year average of W-2) with a waiting period of 15 calendar days before receiving their benefits and
can last up to 11 weeks. Team Members will receive continued payment until the Team Member
is medically able to return to work, or has to begin utilizing long term disability, or until the Team
Member reaches the age of 65, whichever comes first. The maximum short-term disability benefit
amount will be $1,848 per week. Family and Medical Leave Act (FMLA) will run concurrently with
disability.
The City provides Team Members with a long-term disability plan to protect against cases where
a non -work-related illness or injury is sustained which results in an inability to work for a long
period of time. In these cases, LTD is received only after STD has expired and the Team
Member continues to be medically disabled. Team Members will receive 66.67% or 2/3 of their
pre -disability base salary with a 90 day waiting period. Team Member will receive continued
payment until the Team Member is medically able to return to work, or until the Team Member
reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount
will be $8,000 per month. Family and Medical Leave Act (FMLA) runs concurrently with disability.
Team Members have the option of receiving a full paycheck by utilizing his/her own leave time to
subsidize the 1/3 while on disability. Disability will cover 2/3 or 66.67% of the pre -disability base
salary based off of the W-2 (1 year average). However, when on disability, Team Members may
not utilize sick leave. Team Members may use vacation, floating holiday, holiday, and/or
compensatory time (if applicable). Leave Accrual rate will be based upon the hours utilized.
All disability claim forms must be submitted to Human Resources on a timely basis. As a
guideline, all claim forms should be submitted within 15 calendar days.
All medical certifications or modifications to the medical certification must be submitted to Human
Resources on a timely basis. Team Members are required to submit a Fitness for Duty — Return
From Leave Certification at least 2 working days prior to the date of return to the Department
Director. Team Members may not return to work without this certification.
ARTICLE 31: LIFE INSURANCE
Team Members receive an accidental death and dismemberment and life insurance policy of
$100,000.
ARTICLE 32: TUITION REIMBURSEMENT
The City will reinstate the tuition reimbursement program for FY 2020-2021 based upon
availability of funding.
12
Subject to City Manager approval, Team Members may attend and be reimbursed for part or all of
the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a
benefit to the City provided there are budgeted funds for such approval by the City Council. The
educational/training courses must be job-related leading towards a college or university degree or
certificate and Team Members must remain with the City for three (3) years after the successful
completion of class/course or must refund the amount received to the City on a pro -rated basis.
If a Team Member leaves employment (voluntarily or involuntarily) with the City, prior to the three
(3) years after the completion of class/course, the Team Member must refund the amount
received based upon the following pro -rated basis:
Team Members with prior approval by the City Manager, may be reimbursed for registration, cost
of books, tuition, lab fees and parking for classes or instruction, provided such classes or
instruction are related to the Team Member's assigned duties with the City.
Reimbursement will be made only after a Team Member has satisfactorily completed the class or
workshop with the grade of "C" or better or a "B" or better for graduate level courses and that
proof of completion has been submitted and approved by the City Manager.
In general, mandatory or required training time during working hours shall be considered part of
the job. If the City directs a Team Member to attend a specific, job-related training course during
non -working hours, Team Members may utilize flex time. All study time shall be considered
completely voluntary. No overtime pay, additional pay or compensatory time shall be given
unless advanced written approval is granted by the City Manager.
There is no mileage reimbursement for travel to and from educational classes. Required forms
must be completed and necessary documentation (receipts and grades) must be provided in
order to receive reimbursement. Final and conclusive determinations of the reimbursement
amount shall be made by the City Manager/Assistant City Manager after review of the request
and recommendations by the Department Director.
ARTICLE 33: WELLNESS PROGRAM
The City provided the Wellness Reimbursement Program at $300 per fiscal year for FY2018-
2020. The parties agree that based on the COVID-19 Pandemic and resulting uncertainty
regarding its impact to the City's overall budget, the Wellness Reimbursement Program is
suspended for fiscal year 2020-2021.
ARTICLE 34: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full-time Team Members as outlined in the
Administrative Policy No. 30-09 approved by the City Manager. Full-time Team Members are
eligible for this program after the completion of the probationary period. Loans are due and
payable in full upon termination or separation of employment.
ARTICLE 35: EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City provides Team Members with access to the Employee Assistance Program (EAP).
13
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ARTICLE 36: STAND-BY / CALL-BACK PAY
If a Team Member is on stand-by/on-call, he/she will receive $100 per week with a minimum of 3
hours of overtime pay regardless of the time of day or day of the week if required to report back to
work. Call back is defined as a circumstance where a Team Member is called back to work for
unscheduled hours after completion of the Team Member's regular workday or workweek, and
departure from the worksite.
ARTICLE 37: FLEXIBLE SPENDING ACCOUNT (SECTION 125)
The City offers Team Members a flexible benefit plan which will allow individuals to pay for certain
expenses (child care, unreimbursed medical expenses, insurance premiums) with pre-tax dollars.
ARTICLE 36: DIRECT DEPOSIT
Team Members are offered an option to authorize the automatic deposit of each paycheck into an
individual's checking, savings or credit union account. Payroll checks will not be issued in
advance.
ARTICLE 39: CITY RIGHTS
It is understood and agreed that the City retains all exclusive rights and authority to manage
municipal services and the work force performing those services. It is agreed that during the term
hereof, the City shall not be required to meet and confer on matters which are solely a function of
management, including the right to:
• Determine and modify the organization of City government and its constituent work units.
• Determine the nature, standards, levels and mode of delivery of services to be offered to
the public.
• Determine the methods, means, and the number and kinds of personnel by which
services are to be provided.
• Determine whether goods or services shall be made or provided by the City, or shall be
purchased, or contracted for.
• Direct Team Members, including scheduling and assigning work, work hours, and
overtime.
• Establish Team Member performance standards and to require compliance therewith.
• Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and
benefits, or otherwise discipline Team Members, subject to the requirement of applicable
law.
• Relieve Team Member from duty because of lack of work or lack of funds or for other
legitimate reasons.
• Implement rules, regulations, and directives consistent with law and specific provisions of
this MOU.
• Take all necessary actions to protect the public and carry out its mission in emergencies.
• Determine the contents of job classifications.
• Contract out and transfer work out of the bargaining unit.
• Exercise complete control and discretion over its organization and the technology of
performing its work.
However, the City will meet and confer regarding the impact consequences of the City Rights
matters and will be addressed with the Association as meet and confer.
14
Ll
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ROSEMEAD TEAM MEMBERS ASSOCIATION CITY OF ROSEMEAD
ARACELI D•
BY:
m
B'
RUM ra�L QL
GLORIA MOLLEDA
CITY MANAGER
ELIZA H OPESCU
HUMAN RES14URCES MANAGER
THE PARTIES HERETO HAVE CAUSED THIS MEMO NDUM OF UNDERSTANDING TO BE
EXECUTED THIS 2nd DAY OF d't I. V 12020.
15
RESOLUTION NO. 2017-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN
THE GENERAL SERVICES UNIT OF THE CITY OF ROSEMEAD
WHEREAS, THE FOLLOWING classifications in the General Service of the City of
Rosemead ("City") are critical to the efficient and effective operations of the City;
WHEREAS, employees in these classifications are non-exempt under the provisions of
the Federal Fair Labor Standards Act; and
WHEREAS, the City Council desires to establish the compensation levels for
classifications in General Service of the City;
NOW THEREFORE, BE IT RESOLVED that effective beginning July 1, 2017, the City
Council amend the existing Memorandum of Understanding to include the salary ranges and
benefits for the classifications covered by this Resolution.
SECTION 1: APPLICABILITY
Full-time Team Members in the following classifications are covered by this Resolution:
General Service Unit
Accounting Specialist Housing Project Coordinator
Accounting Specialist, Senior Human Resources Specialist
Administrative Assistant Maintenance Worker '
Assistant Planner Maintenance Lead Worker
Code Enforcement Officer Office Specialist
Facilities Technician Public Safety Coordinator
Recreation Coordinator
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Rosemead on the 81" day of August 2017.
q Polly Low, , a r
ATTEST: �4/
Marc Donohue, City f rk
APPROVVyASTOORM:
ache! 'Ichman,ty Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
1, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that
the foregoing City Council Resolution, No. 2017-38, was duly adopted by the City Council of the City of
Rosemead, California, at a special meeting thereof held on the 81h day of August, 2017, by the following
vote, to wit:
AYES: ARMENTA, CLARK, LOW, LY
NOES: NONE
ABSENT: ALARCON
ABSTAIN: NONE /f „-\\_
MarcoD no ue, ler'
THE CITY OF ROSEMEAD
AND
THE ROSEMEAD EMPLOYEE ASSOCIATION
1.�
KOS EMFAD
Today's Small Town America
MEMORANDUM OF UNDERSTANDING
JULY 192016 THROUGH JUNE 3092018
TABLE OF CONTENTS
ARTICLE 1. PREAMBLE
ARTICLE 2. RECOGNITION & EFFECTIVE DATES
ARTICLE 3. CONSTITUTIONALITY
ARTICLE 4. IMPLEMENTATION
ARTICLE 5. NON-DISCRIMINATION
ARTICLE 6. TERMS
ARTICLE 7. COMPENSATION
ARTICLE 8. PERFORMANCE EVALUATION
ARTICLE 9. HEALTH INSURANCE PROVIDER
ARTICLE 10. CAFETERIA-STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 11. CHANGES TO HEALTH CARE LAWS
ARTICLE 12. RETIREMENT HEALTH PLAN
ARTICLE 13. RETIREMENT PROGRAM (CALPERS)
ARTICLE 14. ENHANCED RETIREMENT PROGRAM: (PARS)
ARTICLE 15. DEFERRED COMPENSATION PROGRAM (401A)
ARTICLE 16. VACATION ACCRUAL AND ACCRUAL CAP
ARTICLE 17. VACATION BUYBACK
ARTICLE 18. CITY-RECOGNIZED HOLIDAYS
ARTICLE 19. HOLIDAY PAY
ARTICLE 20. FLOATING HOLIDAYS
ARTICLE 21. OVERTIME/COMPENSATORY TIME
ARTICLE 22. PROBATIONARY PERIOD
ARTICLE 23. FLEXIBLE SCHEDULING
ARTICLE 24. AMOEBA ORGANIZATION
ARTICLE 25. AMOEBA FLEX WEEKS
ARTICLE 26. SICK LEAVE
ARTICLE 27. BEREAVEMENT LEAVE
ARTICLE 28. JURY LEAVE
ARTICLE 29. BILINGUAL PAY
ARTICLE 30. SHORT-TERM DISABILITY(STD)/LONG-TERM DISABILITY(LTD)
ARTICLE 31. LIFE INSURANCE
ARTICLE 32. TUITION REIMBURSEMENT
ARTICLE 33. WELLNESS PROGRAM
ARTICLE 34. COMPUTER PURCHASE PROGRAM
ARTICLE 35. EMPLOYEE ASSISTANCE PROGRAM (EAP)
ARTICLE 36. STAND-BY/CALL-BACK PAY
ARTICLE 37. FLEXIBLE SPENDING ACCOUNT(SECTION 125)
ARTICLE 38. DIRECT DEPOSIT
ARTICLE 39. CITY RIGHTS
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding (MOU) to promote and provide for
harmonious relations, cooperation, and communication between the City and the Rosemead
Employee Association. As a result of good faith negotiations between the City and Association
representatives, this MOU sets forth the Agreement regarding wages, hours and other terms and
conditions of employment for Team Members covered by this Memorandum. This Memorandum
provides for an orderly, means of resolving differences which may arise from time to time during
its term.
ARTICLE 2: RECOGNITION a EFFECTIVE DATES
This MOU is made and entered into between the City of Rosemead, herein referred to as the
"City" and the representatives of the Rosemead Team Member Association, herein referred to as
the "Association". Full consideration has been given to salaries, Team Member benefits, and
other terms and conditions of employment. Pursuant to the provisions of Section 3505.1 of the
Government Code of the State of California, said parties agree to this MOU effective July 1, 2016
upon approval of the City Council.
This MOU is effective July 1, 2016 and will continue in effect until June 30, 2018. The
Association is officially recognized as the representative body for all full-time General Services
Unit Team Members of the City. This MOU represents the full and complete understanding
between the parties related to the subject matter set forth herein and all preliminary negotiations
of whatever kind or nature are merged herein.
Full-time Team Members in the following classifications are covered by this agreement:
•
General Services
•
Accounting Specialist Human Resources Specialist
Accounting Specialist, Senior Maintenance Worker
Administrative Assistant Maintenance Lead Worker
Assistant Planner Office Specialist
Code Enforcement Officer Public Safety Coordinator
Facilities Technician Recreation Coordinator
Housing Project Coordinator
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this MOU is for any reason
held to be illegal or unconstitutional, such decision does not affect the validity of the remaining
portion of this MOU.
ARTICLE 4: IMPLEMENTATION
This MOU constitutes a mutual recommendation by the parties to the City Council that one or
more resolution be adopted accepting this MOU and effecting the changes enumerated herein
relative to wages, benefits, and other terms and conditions of employment for the Team Members
of the City. It is expressly intended that the duties, responsibilities, and functions of the City in the
operation of its functions will in no manner be impaired, subordinated, or negated by any
provisions of this agreement.
ARTICLE 5: NON-DISCRIMINATION
The Association or the City will not discriminate against any Team Member based upon race,
religious creed, color, national origin, age (40 and over), ancestry, sexual orientation, sex, gender
identity, gender expression, military and veteran status, disability (physical or mental), sexual
1
orientation, marital status, pregnancy, child birth or related medical condition, genetic
information/characteristics, or any other legally protected characteristics.
ARTICLE 6:TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this MOU will be effective upon
ratification by the City Council effective July 1, 2016 and ending June 30, 2018.
ARTICLE 7: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET
COMPARISONS
A basic tenet of the compensation system is that the City will not provide annual across-the-board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the survey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent (+/-5%)
constitutes a 'competitive position" in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification-by-classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid-point base pay of the survey cities. The selected pay range will then be reduced by
five percent (5%) in recognition of the City's rich benefits allowance and the principle that +/-5%
of the average constitutes a "competitive" position in the labor market. On a bi-annual basis, the
non-benchmark to benchmark linkages will be reviewed. A designated REA member will review
the survey of the benchmark classifications for transparency.
If a Team Member's base salary is below the adjusted minimum salary range of his/her
classification, his/her salary will be adjusted to the minimum salary range in the range for that
classification.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a three-fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; 2) full contract city status; and/or a sufficient number of
comparable positions. The following cities will be surveyed on a periodic basis for comparison
purposes:
Alhambra La Puente San Dimas
Diamond Bar Montebello San Gabriel
Duarte Monterey Park Temple City
El Monte Pico Rivera
SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE
The City's pay-for-performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his/her annual performance evaluation. All Team Member salary
increases, within the salary range, are based on merit through the annual performance
evaluations. Based on the Team Member's performance rating on his/her performance
evaluation, a Team Member is eligible for a merit increase. Team Members eligible for a merit
increase will be eligible to receive up to a 5% merit increase during the term of this agreement.
Team Member salaries may not exceed the maximum salary range within the respective job
classification. Current Team Members whose salaries exceed the maximum salary range for the
job classification will be y-rated (frozen) and will not receive any merit increases until the salary
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ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2014, the salary ranges of all positions that are "topped out or exceed the
maximum salary range for the classification will be surveyed on an annual basis. All other
classifications will be surveyed bi-annually.
All full-time Team Members are part of the Merit Based Compensation System. All Team
Member salary increases, within the salary range, are based on merit through the annual
performance evaluations. Based on the Team Member's performance overall rating on the
performance evaluation, a Team Member is eligible for a merit increase. The following is the
performance rating categories and percentage increases that a Team Member may be eligible for
based upon funding for FY2016-2018.
Rating Percentage
Unsatisfactory 0%
Needs Development 0%
Meets Expectations 2%-3%
Exceed Expectations 4%
Substantially Exceeds Expectations 5%
The City will provide for merit increases up to 5% for the FY 2016-2018.
ARTICLE 8: PERFORMANCE EVALUATION
All Team Members will receive an annual performance evaluation. The City recognizes the
importance of conducting timely evaluations. Supervisors, managers, and department directors
must submit and conduct performance evaluations in a timely manner on the date the evaluations
are due. Every effort must be made by the supervisors, managers, and department directors to
submit timely evaluations. However, the City recognizes that when an emergency or an
unforeseen circumstance arises, the expectation is to submit the evaluations as soon as
practicable.
Aside from an emergency or an unforeseen circumstance, in the event that a supervisor will not
be able to complete an employee performance evaluation report in a timely manner, the
supervisor shall notify the department director and request a time extension for completion of the
performance evaluation report. An extension of two(2)weeks will be permitted for the supervisor
to complete the evaluation. In addition, the supervisor must inform and notify the respective
Team Member if the evaluation will not be completed on time.
If a Team Member is out on an extended leave of absence, the performance evaluation will be
extended out by the equal amount of time/duration the Team member is out on the leave of
absence. An extended leave of absence is defined as thirty (30) days or longer.
A probationary Team Member will receive an interim performance evaluation at six months from
the date of hire. Interim performance evaluations are not linked to any merit adjustments or
increases.
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City contracts with California Public Employees' Retirement System (CaIPERS) to serve as
the health insurance provider for the City.
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ARTICLE 10:CAFETERIA-STYLE HEALTH,WELFARE, &SAVINGS BENEFIT
Effective July 1, 2016, the City will provide each full-time Team Member with $1,700 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long-term care, or long-
term saving program. Team Members can also choose to waive coverage and take the entire
benefit as deferred compensation or cash, but must first show proof of group health insurance
coverage through an individual, a spouse or family member's coverage through their employer
and complete the Voluntary Decline of Health Care Offered Under City of Rosemead Group Plan
form.
ARTICLE 11:CHANGES TO HEALTHCARE LAWS
The parties recognize that certain changes to State or Federal laws, programs, taxes or
regulation including, but not limited to, the Affordable Care Act (ACA), may impact future medical
plan offerings. In the event that such reform measures or resulting changes in the ACA altering
the healthcare coverage, options, costs or other elements, either party may request to reopen
Article 9,10, and 37 regarding medical insurance to meet and confer over any changes to the
medical insurance/benefits.
ARTICLE 12: RETIREMENT HEALTH PLAN
For all full-time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City. and who retire from the City, an allocation of up to $1,000/ month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $1,000/month, the City will only cover
the first$1,000/month of the cost of the selected program. Once the Team Member reaches age
65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare
coverage, with the City picking up the remaining cost of health insurance coverage up to a
maximum of$1,000/month.
For all full-time Team Members hired on or before July 1, 2007, who have 12-19 years of service
with the City, and who retire from the City, an allocation of up to $500/month will be given to pay
for health care benefits for the duration of their retirement. If the health insurance program
selected by the Team Member costs more than $500/month, the City will only cover the first
$500/month of the cost of the selected program.
The above retirement health contributions will only be in effect for full-time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and/or any eligible dependent.
Team Members hired after July 1, 2007 will receive retiree health benefits in accordance with
public employees' retirement laws and CaIPERS.
ARTICLE 13: RETIREMENT PROGRAM (CALPERS)
Team Members will be enrolled in the City's retirement program through CaIPERS.
On July 1, 2007, the City began providing the 2.7%@55 benefit formula with one-year final
compensation option with no cap.
On July 1, 2010, the City implemented a 2-tier system with changes for new hires only. All full-
time new hires, hired on or after July 1, 2010, will be subject to the 2%@55 formula with one-year
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final compensation option. All existing full-time Team Members hired prior to July 1, 2010 will
remain at the 2.7 @55 formula.
Under the Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013,
all new members" will be subject to the 2.0% @ age 62 benefit formula which also requires a
three year final compensation (the highest average annual pensionable compensation earned by
a member during a period of at least 36 months) with an early retirement age of 52.
A New Member" is defined as:
1. A new hire that is brought into CaIPERS membership for the first time on or after
January 1, 2013, and who has no prior membership in any other California public
retirement system.
2. A new hire who is brought into CaIPERS membership for the first time on or after
January 1, 2013, and who is not eligible for reciprocity with another California public
retirement system.
3. A member who established CaIPERS membership prior to January 1, 2013, and who
is hired by a different CaIPERS employer after January 1, 2013. after a break in
service of greater than six months.
Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a new
member's' member contribution rate. All new members must pay 50% of total normal cost as
Team Member contribution rate.
CaIPERS refers to all members that do not fit within the definition of a new member as "classic
members". All existing CaIPERS members as of December 31, 2012, will retain the existing
benefit levels for future service with the same employer.
By January 1, 2018, all "classic members" will be required to contribute their full share up to 8%
of the Team Member contribution of the CaIPERS rate. In order to minimize the impact of this
change, the City will again implement a 2% contribution to a Team Member's salary ranges and
rates for all classic members for FY 2016/2017. For FY 2017/2018, the following will apply for
Tier 1 and Tier 2 Team Members:
Tier 1 Members 2.7@55 2%
Tier 2 Members 2@ 55 1%
Effective July 1, 2014, all classic members enrolled in CaIPERS began paying 2% of salary to
CaIPERS towards retiree benefits. In consideration of the member's 2% contribution towards
CaIPERS, all classic members received a 2% increase in pay on July 1, 2014 and another 2%
salary increase on July 1, 2015. Effective July 1, 2016, classic members enrolled in CaIPERS will
contribute an additional 2% to CaIPERS for a total of 6%.
Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a "new
member's" member contribution rate. All non-classic California Public Team Members'
Retirement System (CaIPERS) members must pay 50% of total normal cost as employee
contribution rate.
ARTICLE 14: ENHANCED RETIREMENT PROGRAM: PUBLIC AGENCY RETIREMENT SERVICES
(PARS)
The City offers an enhanced retirement package through Public Agency Retirement Services
(PARS) for all Team Members hired prior to July 1, 2010. Covered full-time Team Members who
retire from Rosemead after working 20 years for the City will have their pension formula
enhanced to 3%@55, with the provision that the maximum pension allowance that Team
Member's can accrue through PARS is 90% of their final pay. The PARS retirement pension is
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limited to 90% of their final pay. Team Members must be at least 55 years of age to qualify for
PARS.
All Team Members hired on or after July 1, 2010 are ineligible for the Enhanced Retirement
Program through PARS in accordance with State law. PARS has been eliminated for all new full-
time Team Members.
ARTICLE 15: DEFERRED COMPENSATION PROGRAM (401A)
For all full-time Team Members, the City set-up and began contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula is as follows:
%of Salary Contributed into 401A
Years of Service Deferred Compensation Program
0-4 1%
5-9 _._.— 2%
10-14 3%
15-19 4%
20+ 5%
In accordance with State law, all Team Members hired on or after July 1, 2010 are ineligible for
the employer funded deferred compensation program. The employer funded deferred
compensation program has been eliminated for all new full-time Team Members.
ARTICLE 16:VACATION ACCRUAL AND ACCRUAL CAP
Full-time team members will receive vacation accruals as follows:
Vacation Accumulation
Years of Service i, Hours/Pay Period Hours/Year Days/Year
Up to year 1 3.85 100 10
Year 1 –Year 13 5.38 • 140 14
13+ 6.15 160 16
All full-time Team Members accrue 100 hours of vacation leave during their first year of service.
140 hours are accrued for Team Members with one year of service, up to (but not over) 13 years.
For Team Members with over 13 years of service (13+) the accrual rate is 160 hours. Team
members cease to accrue vacation hours when, in any pay period, they exceed two times their
annual accrual as determined by their anniversary date.
All full-time Team Members are entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
Vacation accruals will be determined by the percentage formula of actual hours in a paid status
by the City.
Examplel: A Team Member (with 1-13 years of service) who works 80 hours on paid
status per pay period will accrue 5.38 hours/pay period.
A Team Member (with 1-13 years of service) who works 40 hours on paid
Example 2: status per pay period will accrue 2.69 hours/pay period (50% of 5.38
hours/pay period).
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A Team Member (with 1-13 years of service) who has a zero leave
Example 3: balance and takes an extended leave of absence will not accrue any
hours.
ARTICLE 17:VACATION BUYBACK
In order to encourage Team Members to take regular vacations on an annual basis and to
partially limit the growth of the City's long-term liability of Team Member accrued vacation hours
upon separation of employment, the City has established the following criteria for vacation
buyback.
Once per calendar year, a full-time Team Member is eligible to have the City buyback up to 40
hours (1 week) of accumulated unused vacation time. On July 1, 2011, the City established two
(2) vacation banks as follows:
Bank A: Vacation earned/accrued prior to June 30, 2011.
Bank B: Vacation earned/accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B.
ARTICLE 18: CITY-RECOGNIZED HOLIDAYS
The following days are recognized and observed as paid holidays:
1. New Year's Day (January 151)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day(July 41h)
6. Labor Day (the first Monday in September)
7. Veteran's Day(November 1101)
8. Thanksgiving Day
9. Christmas Day(December 251h)
Non-essential City services and facilities are closed from noon on Christmas Eve to New Year's
Day. If a Team Member elects to take the non-holidays off, he/she is required to utilize his/her
own time. If a holiday falls on a Friday or Saturday, Team Members will observe that holiday on
the preceding Thursday. If the holiday falls on a Sunday, Team Members will observe that holiday
on the following Monday.
At the discretion of the City Manager and based upon business needs, Team Members may be
released at 12.00p.m. on December 24'5
ARTICLE 19: HOLIDAY PAY
Full-time, non-exempt Team Members receive straight time for the holiday plus 1%time for hours
worked on the holiday if the holiday has not been designated as an "amoeba" holiday listed in
Article 25 of this agreement.
ARTICLE 20: FLOATING HOLIDAYS
Team Members receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited. In case a Team Member
terminates employment with the City, he/she will forfeit any unused floating holidays.
ARTICLE 21:OVERTIME/COMPENSATORY TIME
Team Members may be required to work overtime by their respective department director, subject
to City Manager approval. Only time worked in excess of forty (40) hours in a given workweek
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will be considered overtime. Vacation, sick leave, holidays, floating holidays, and other time not
actually worked will not be counted towards the forty (40) hours. All overtime must be pre-
authorized by the department director, subject to City Manager approval. Emergency or
unforeseen events/circumstances will be determined on a case-by-case basis by the City
Manager
On July 1, 2007, Compensatory Time-Off (CTO) was eliminated. Instead, non-exempt Team
Members who work overtime will be paid for those overtime hours at a rate of one and one-half
(1.5) times their regular pay rate for all hours worked in excess of forty (40) hours in a workweek.
Team Members who accrued CTO prior to July 1, 2007 are authorized to keep those hours. Use
of CTO earned is granted but may not unduly disrupt the operations of the City. Terminating
Team Members will be compensated for accrued compensatory hours. Furthermore, Team
Members who have accrued CTO may elect to have the City buy back any hours of CTO per
year. Said buy back will take place during the second pay period in December of each year and
will be paid at the Team Member's hourly rate at the time the CTO is sold back. In addition,
accrued CTO for any terminating Team Member will be paid out at the Team Member's hourly
rate at the time of termination.
ARTICLE 22: PROBATIONARY PERIOD
The probationary period, of one year (2080 supervised hours), shall be an integral part of the
employment examination process and shall be utilized as an opportunity to closely observe the
Team Member's work, to provide special training, to assist the Team Member in adjusting to the
new position, and to reject any Team Member whose work performance, adaption, or personal
conduct fails to meet required standards. A probationary Team member shall have no right of
tenure and may be dismissed without cause, at any time, during the probationary period without
right of appeal, grievance, or hearing. Probationary Team Members do not have property or
vested rights in their positions with the City.
All Team Members shad receive an interim performance report after completion of six (6) months
of the probationary period. Satisfactory completion of probation is based on total performance
during the entire probationary period. The City Manager may, in his/her sole discretion, extend
the probationary period an additional 1040 hours(six(6) months).
If a Team Member is out on an extended leave of absence, the probationary period will be
extended out by the equal amount of time/duration the Team member is out on the leave of
absence.
ARTICLE 23: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged with Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
must be approved by the City Manager.
Any alternate workweek must be approved, in writing, by the City Manager.
ARTICLE 24: AMOEBA ORGANIZATION
The City is an "amoeba organization". An amoeba is defined as a small single cell organism that
changes its shape in response to its environment. Rosemead is a small, fast-responding,
organizationally nimble, customer-focused city with the capability to make rapid and coordinated
organizational changes to accomplish service delivery objectives. We emphasize a customer
service culture within the organization where all full-time Team Members function as "front line
service-delivery" providers.
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ARTICLE 25: AMOEBA FLEX WEEKS
Based on economic or business necessity, all full-time Team Members are required to work
special events with the ability to "flex" their hours to meet the human resources demands of the
City's special events which include:
• 4th of July Parade/Carnival/Fireworks Show
• Fall Fiesta
This condition exists in every week in which there is a special event. If an unscheduled event
arises, the City Manager has the authority to implement an Amoeba Flex Week. The "flexing" of
hours must fall within the same work period of the special event. Supervisors and department
directors have the authority to approve/deny or reschedule "flex" hours so that appropriate staff
coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours worked
up to ten (10) will be banked which must be used by December 31m. Those hours must be used
before the end of the calendar year or they will be forfeited.
In addition, an emergency disaster is exempt from the amoeba flex and does not fall under the
definition of special events.
ARTICLE 26: SICK LEAVE
A full-time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non-service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
1. Amount Earned: All full-time, regular or probationary Team Members will accrue ten (10)
hours of sick leave per month. Sick leave will be earned, commencing on the first day of
employment as a probationary Team Member, and accrued on a bi-weekly basis. Team
Members may accumulate up to a maximum of 120 hours of sick leave with pay per year.
Sick leave accruals will be determined by the percentage formula of actual hours in a
paid status by the City.
A Team Member who works 80 hours on paid status per pay period
Example 1: will accrue 4.62 hours/pay period.
A Team Member who works 40 hours on paid status per pay period
Example 2: will accrue 2.31 hour/pay period (50% of 4.62 hours/pay period).
A Team Member who has a zero leave balance and takes an
Example 3: extended leave of absence will not accrue any hours.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase service time from CaIPERS. Any other sick leave balance or if the
Team Member leaves employment, voluntarily or involuntarily, will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein continues only during the period that the Team Member is employed by
the City. All benefits hereunder terminate upon the Team Member leaving City service.
A Team Member on military leave is not granted sick leave during the military leave
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period. Team Members are not eligible to utilize sick leave benefits within the first thirty
(30) days of employment.
Sick leave is not a leave which a Team Member may use at his/her discretion, but is
allowed only in cases of actual sickness or disability which make it impossible or
inadvisable for the Team Member to perform normal work assignments/functions. Sick
leave may be utilized for dental or medical appointments, medical assessments and/or
due to a serious illness in the immediate family. The City Manager/department director
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his/her direct
supervisor or department, the Team Member may be dismissed from City service for
being absent without official leave. Any abuse of sick leave usage is grounds for
disciplinary action up to and including dismissal.
4. Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his/her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability must notify the appropriate department director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before the start of his/her regular shift when prior notice cannot be given.
6. Sick Leave Authorized Due to Illness in Family: A Team Member is allowed sick leave
due to a serious illness in the immediate family. The definition of"family" defined under
the Family and Medical Leave Act(FMLA) policy will be utilized. In the event of a serious
illness in the immediate family, a certificate of such illness and the need for the Team
Member's absence by the acceptable medical authority may be required by the
department director. In such case, the Team Member must be able to produce a
verifying certification upon request by the immediate supervisor or management.
7. Return to Work Following Illness. The department director may require a Team Member
to submit to a medical and/or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member will be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for sick leave. the Team Member
must make every good faith effort to notify his immediate supervisor prior to the start of
the Team Member's work day. The department director may request, for cause, a
certificate issued by a licenses physician or other satisfactory proof of illness before sick
leave is granted. The department director may also choose a licensed physician to
conduct a physical examination at City expense. Any Team Member who makes
application for sick leave may be required by either the department director or City
Manager to file a certificate signed by a duly and regularly licensed physician authorized
to practice medicine or may be required to submit a personal statement which states the
Team Member was incapacitated from performing the duties of the position for each day
that sick leave is requested. Authority will also be given to the physician signing the
certificate, to disclose to the City Manager or the department director, information relating
to sick leave. Sick leave will be granted when the application for sick leave is approved
by the department director or the City Manager.
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9. Transfer of Sick Leave: New Team Members may bring with them/transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member must provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member will not receive any payment for unused accumulated sick leave upon dismissal
of employment or retirement (either disability or regular). A Team Member may not use sick
leave to extend a retirement (either disability or regular) or dismissal data This prohibition does
not affect a Team Members right to obtain sick leave credit with CarPERS. Any other balances
or if a Team Member resigns or is dismissed will be forfeited.
ARTICLE 27: BEREAVEMENT LEAVE
In the event of the death of a Team Member's immediate family (defined as spouse, parent, step-
parent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in-law,
brother-in-law, registered domestic partner or child of a registered domestic partner), Team
Members are entitled to forty (40) hours for bereavement leave per incident.
ARTICLE 28:JURY LEAVE
Team Members required to serve on a jury are entitled to their regular compensation for up to
eighty(80) hours provided that fees for jury service are deposited to the Finance Department.
ARTICLE 29: BILINGUAL PAY
The City offers a bilingual pay program for eligible Team Members who consistently utilize other
languages to translate during the normal course of work. To qualify, Team Members must pass
the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and Mandarin. A maximum of three (3) positions per language per site
may be certified to receive bilingual pay by the City. It will be applicable at all primary sites (City
Hall, Rosemead Community Recreation Center (RCRC), Garvey Community Center, Public
Safety and Public Works). In the event that more than three (3) Team Members wish to apply for
it, management will determine the top three (3) based upon positional need. Once certified, Team
Members will receive a bilingual stipend of$75 per month.
Any Team Member who is not certified by the City is not required to use a language other than
English. However, when a member of the public, requests assistance in a language other than
English, our Team Members must make a reasonable effort to accommodate and assist in a
polite and professional manner.
The City reserves the right to suspend bilingual pay if the Team Member is out on an extended
leave of absence of more than 80 consecutive hours and is not physically present at work to
provide bilingual services.
ARTICLE 30: SHORT-TERM DISABILITY/LONG TERM DISABILITY
State Disability Insurance (SDI) is a partial wage replacement insurance in which the City does
not participate in. However, for non-work related Team Member disabilities, the City offers Short-
Term Disability (STD)/Long-Term Disability (LTD) to full-time Team Members. Workers
compensation injuries are excluded from disability leave/insurance offered by the City.
The City provides Team Members with a short-term disability plan to protect against cases where
a non-work-related illness or injury is sustained which results in an inability to work for a short
period of time. Team Members will receive 66.67% or 2/3 of their pre-disability base salary (1
year average of W-2) with a waiting period of 15 calendar days before receiving their benefits and
can last up to 11 weeks. Team Members will receive continued payment until the Team Member
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is medically able to return to work, or has to begin utilizing long term disability, or until the Team
Member reaches the age of 65, whichever comes first. The maximum short-term disability benefit
amount will be$1,848 per week. Family and Medical Leave Act(FMLA) will run concurrently with
disability.
The City provides Team Members with a long-term disability plan to protect against cases where
a non-work-related illness or injury is sustained which results in an inability to work for a long
period of time. In these cases, LTD is received only after STD has expired and the Team
Member continues to be medically disabled. Team Members will receive 66.67% or 2/3 of their
pre-disability base salary with a 90 day waiting period. Team Member will receive continued
payment until the Team Member is medically able to return to work, or until the Team Member
reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount
will be$8,000 per month. Family and Medical Leave Act(FMLA) runs concurrently with disability.
Team Members have the option of receiving a full paycheck by utilizing his/her own leave time to
subsidize the 1/3 while on disability. Disability will cover 2/3 or 66.67% of the pre-disability base
salary based off of the W-2 (1 year average). However, when on disability, Team Members may
not utilize sick leave. Team Members may use vacation, floating holiday, holiday, and/or
compensatory time (if applicable). Leave Accrual rate will be based upon the hours utilized.
All disability claim forms must be submitted to Human Resources on a timely basis. As a
guideline, all claim forms should be submitted within 15 calendar days.
All medical certifications or modifications to the medical certification must be submitted to Human
Resources on a timely basis. Team Members are required to submit a Fitness for Duty — Return
From Leave Certification at least 2 working days prior to the date of return to the Department
Director. Team Members may not return to work without this certification.
ARTICLE 31: LIFE INSURANCE
Team Members receive an accidental death and dismemberment and life insurance policy of
$100,000.
ARTICLE 32:TUITION REIMBURSEMENT
The City will reinstate the tuition reimbursement program for FY 2016-2018 based upon
availability of funding.
Subject to City Manager approval, Team Members may attend and be reimbursed for part or all of
the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a
benefit to the City provided there are budgeted funds for such approval by the City Council. The
educational/training courses must be job-related leading towards a college or university degree or
certificate and Team Members must remain with the City for three (3) years after the successful
completion of class/course or must refund the amount received to the City on a pro-rated basis.
If a Team Member leaves employment(voluntarily or involuntarily) with the City, prior to the three
(3) years after the completion of class/course, the Team Member must refund the amount
received based upon the following pro-rated basis:
Pro-Rated Schedule of Refund
Years of Service After Completion Refund Amount Due to the City
Less than one (1)year Full Amount Received
Less than two (2) years 2/3 of Amount Received
Less than three (3)years 1/3 of Amount Received
12
Team Members with prior approval by the City Manager, may be reimbursed for registration, cost
of books, tuition, lab fees and parking for classes or instruction, provided such classes or
instruction are related to the Team Member's assigned duties with the City.
Reimbursement will be made only after a Team Member has satisfactorily completed the class or
workshop with the grade of "C" or better or a "B" or better for graduate level courses and that
proof of completion has been submitted and approved by the City Manager
In general, mandatory or required training time during working hours shall be considered part of
the job. If the City directs a Team Member to attend a specific, job-related training course during
non-working hours. Team Members may utilize flex time. All study time shah be considered
completely voluntary. No overtime pay, additional pay or compensatory time shall be given
unless advanced written approval is granted by the City Manager.
There is no mileage reimbursement for travel to and from educational classes. Required forms
must be completed and necessary documentation (receipts and grades) must be provided in
order to receive reimbursement. Final and conclusive determinations of the reimbursement
amount shall be made by the City Manager/Assistant City Manager after review of the request
and recommendations by the Department Director.
ARTICLE 33:WELLNESS PROGRAM
The City provides the Wellness Reimbursement Program at $300 per fiscal year for FY2016-
2018.
ARTICLE 34: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full-time Team Members as outlined in the
Administrative Policy No. 30-09 approved by the City Manager, Full-time Team Members are
eligible for this program after the completion of the probationary period. Loans are due and
payable in full upon termination or separation of employment.
ARTICLE 35: EMPLOYEE ASSISTANCE PROGRAM(EAP)
The City provides Team Members with access to the Employee Assistance Program (EAP).
ARTICLE 36: STAND-BY/CALL-BACK PAY
If a Team Member is on stand-by/on-call, he/she will receive $100 per week with a minimum of 3
hours of overtime pay regardless of the time of day or day of the week if required to report back to
work. Call back is defined as a circumstance where a Team Member is called back to work for
unscheduled hours after completion of the Team Member's regular workday or workweek, and
departure from the worksite.
ARTICLE 37: FLEXIBLE SPENDING ACCOUNT(SECTION 125)
The City offers Team Members a flexible benefit plan which will allow individuals to pay for certain
expenses (child care, unreimbursed medical expenses, insurance premiums)with pre-tax dollars.
ARTICLE 38: DIRECT DEPOSIT
Team Members are offered an option to authorize the automatic deposit of each paycheck into an
individual's checking, savings or credit union account. Payroll checks will not be issued in
advance.
ARTICLE 39: CITY RIGHTS
It is understood and agreed that the City retains all exclusive rights and authority to manage
municipal services and the work force performing those services. It is agreed that during the term
13
hereof, the City shall not be required to meet and confer on matters which are solely a function of
management, including the right to:
• Determine and modify the organization of City government and its constituent work units.
• Determine the nature, standards, levels and mode of delivery of services to be offered to
the public.
• Determine the methods, means, and the number and kinds of personnel by which serves
are to be provided.
• Determine whether goods or services shall be made or provided by the City, or shall be
purchased, or contracted for.
• Direct Team Members, including scheduling and assigning work, work hours, and
overtime.
• Establish Team Member performance standards and to require compliance therewith.
• Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and
benefits. or otherwise discipline Team Members, subject to the requirement of applicable
law.
• Relieve Team Member from duty because of lack of work or lack of funds or for other
legitimate reasons.
• Implement rules, regulations, and directives consistent with law and specific provisions of
this MOU.
• Take all necessary actions to protect the public and carry out its mission in emergencies.
• Determine the contents of job classifications.
• Contract out and transfer work out of the bargaining unit.
• Exercise complete control and discretion over its organization and the technology of
performing its work.
However, the City will meet and confer regarding the impact consequences of the City Rights
matters and will be addressed with the Association as meet and confer.
ROSEMEAD TEAM MEMBERS ASSOCIATION bast
OOF�ROSEMEAD
By: (i(,Gl��.v'�r �/ BV: bast
ARACELI GALINDO BILL R. MANIS
REA REPRESENTATIVE CITY MANAGER
By:r
ERICKA HERNANDEZ ` $
i
u TAN
REA REPRESENTATIVE HUMAN RESOURCES MANAGER
BY: S-sS
wing, LIMON
R •EPRESENTATIVE
14
Britt.
MAR / ARQU:
Pr
REAR •RESENTA IVE
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS /pa DAY
BY.
431 ABEL R OF ,)u/7 , 2016.
ODRIGUEZ
REA REPRESENTATIVE
BY:
J: •TT'VIGARIO
A REPRE ATIVE
15
City of Rosemead
General Services
Salary Ranges and Job Classifications
Effective July 1, 2016
Clerical Minimum Maximum
Administrative Assistant $3,494 $4,822
Office Specialist $2,795 $3,858
Administration Minimum Maximum
Human Resources Specialist I $3774 I $5,209
Finance Minimum Maximum
Accounting Specialist $3,056 $4,218
Accounting Specialist, Senior $3,820 $5,273
community Development Minimum Maximum
Assistant Planner $4,361 $6,019
Housing Prole Coordinator $4,457 $6,151
Parks and Recreation Minimum Maximum
[Recreation Coordinator I $2,795 I $3,858
Public Satety Minimum Maximum
Code Enforcement Officer $3,871 $5,342
Public Safety Coordinator $4,158 $5,738
Public Works Minimum Maximum
Facilities Technician $3,390 $4,679
Maintenance Worker $3,033 $4,185
Maintenance Lead Worker $3,791 $5,232
SIDE LETTER OF AGREEMENT
FEBRUARY 19, 2015
The parties agree to the following:
■ Amend Article 17: City Recognized Holidays
Amend the observance of the Independence Day (July 4th) holiday
to Monday, July 6, 2015 instead of Thursday, July 2, 2015.
ROSEMEAD EMPLOYEES ASSOCIATION
C'
BY:
�FICKAE&AtibEZ
REA REPRESENTATIVE
BY:
ARACELI GALIN O
REA REPRESENTATIVE
BY:
MON
REA REPRESENTATIVE
CITY OF ROSEMEAD
BY: ZA"U
JEFF ALLRE
CITY MANAG R
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS 19TH DAY
OF FEBRUARY. 2015
THE CITY OF ROSEMEAD
AND
THE ROSEMEAD EMPLOYEE ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 17 2014 THROUGH JUNE 30, 2016
TABLE OF CONTENTS
ARTICLE 1.
PREAMBLE
ARTICLE 2.
RECOGNITION & EFFECTIVE DATES
ARTICLE 3.
CONSTITUTIONALITY
ARTICLE 4.
IMPLEMENTATION
ARTICLE 5.
NON - DISCRIMINATION
ARTICLE 6.
GENDER
ARTICLE 7.
TERMS
ARTICLE 8.
COMPENSATION
ARTICLE 9.
HEALTH INSURANCE PROVIDER
ARTICLE 10.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 11.
RETIREMENT HEALTH PLAN
ARTICLE 12.
RETIREMENT PROGRAM (CALPERS)
ARTICLE 13.
ENHANCED RETIREMENT PROGRAM (PARS)
ARTICLE 14.
DEFERRED COMPENSATION PROGRAM
ARTICLE 15.
VACATION ACCRUAL AND ACCRUAL CAP
ARTICLE 16.
VACATION BUYBACK
ARTICLE 17.
CITY - RECOGNIZED HOLIDAYS
ARTICLE 18.
HOLIDAY PAY
ARTICLE 19.
FLOATING HOLIDAYS
ARTICLE 20.
OVERTIME / COMPENSATORY TIME
ARTICLE 21.
FLEXIBLE SCHEDULING
ARTICLE 22.
AMOEBA ORGANIZATION
ARTICLE 23.
AMOEBA FLEX WEEKS
ARTICLE 24.
SICK LEAVE
ARTICLE 25.
BEREAVEMENT LEAVE
ARTICLE 26.
JURY LEAVE
ARTICLE 27.
BILINGUAL PAY
ARTICLE 28.
SHORT -TERM DISABILITY
ARTICLE 29.
LONG -TERM DISABILITY
ARTICLE 30.
LIFE INSURANCE
ARTICLE 31.
TUITION REIMBURSEMENT
ARTICLE 32.
WELLNESS PROGRAM
ARTICLE 33.
COMPUTER PURCHASE PROGRAM
ARTICLE 34.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
ARTICLE 35.
STAND -BY / CALL -BACK PAY
ARTICLE 36.
FLEXIBLE BENEFIT PLAN (SECTION 125)
ARTICLE 37.
DIRECT DEPOSIT
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding (MOU) to promote and provide for
harmonious relations, cooperation, and communication between the City and the Rosemead
Employee Association. As a result of good faith negotiations between City and Association
representatives, this MOU sets forth the Agreement regarding wages, hours and other terms and
conditions of employment for Team Members covered by this Memorandum. This Memorandum
provides for an orderly, means of resolving differences which may arise from time to time during
its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This MOU is made and entered into between the City of Rosemead, herein referred to as the
"City" and the representatives of the Rosemead Employee Association, herein referred to as the
"Association". Full consideration has been given to salaries, Team Member benefits, and other
terms and conditions of employment. Pursuant to the provisions of Section 3505.1 of the
Government Code of the State of California, said parties agree to this MOU effective July 1, 2014
upon approval of the City Council.
This MOU is effective July 1, 2014 and will continue in effect until June 30, 2016, The
Association is officially recognized as the representative body for all full -time general services unit
Team Members of the City. This MOU represents the full and complete understanding between
the parties related to the subject matter set forth herein and all preliminary negotiations of
whatever kind or nature are merged herein.
Full -time Team Members in the following classifications are covered by this agreement:
ri. , General Services -" s
Accountin Specialist
Housing Project Coordinator
Accountin Specialist, Senior
Maintenance Worker
Administrative Assistant
Maintenance Lead Worker
Assistant Planner
Office Specialist
Assistant to the City Clerk
Public Safety Coordinator
Code Enforcement Officer
Recreation Coordinator
Facilities Technician
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this MOU is for any reason
held to be illegal or unconstitutional, such decision does not affect the validity of the remaining
portion of this MOU.
This MOU constitutes a mutual recommendation by the parties to the City Council that one or
more resolution be adopted accepting this MOU and effecting the changes enumerated herein
relative to wages, benefits, and other terms and conditions of employment for the Team Members
of the City. It is expressly intended that the duties, responsibilities, and functions of the City in the
operation of its functions will in no manner be impaired, subordinated, or negated by any
provisions of this agreement.
ARTICLE S: NON-DISCRIMINATION
The Association or the City will not discriminate against any Team Member because of race,
religious creed, color, national origin, age (40 and over), ancestry, sexual orientation. sex, gender
identity, gender expression, military and veteran status, disability (physical or mental), sexual
orientation, marital status, pregnancy, child birth or related medical condition, genetic
information /characteristics, or any other legally protected characteristics.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this MOU, it also includes the
other gender unless clearly indicated in the context.
ARTICLE 7: TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this MOU will be effective upon
ratification by the City Council effective July 1, 2014 and ending June 30, 2016.
ARTICLE 8: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET
COMPARISONS
A basic tenet of the compensation system is that the City will not provide annual across - the -board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the survey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent ( +/ -5 %)
constitutes a "competitive position' in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification -by- classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid -point base pay of the survey cities. The selected pay range will then be reduced by
five percent (5 %) in recognition of the City's rich benefits allowance and the principle that +/ -5%
of the average constitutes a "competitive" position in the labor market. On a bi- annual basis, the
non - benchmark to benchmark linkages will be reviewed.
If a Team Member's base salary is below the adjusted minimum salary range of his classification,
his salary will be adjusted to the minimum salary range in the range for that classification.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a three -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; 2) full contract city status; and /or a sufficient number of
comparable positions. The following cities will be surveyed on a periodic basis for comparison
purposes:
Alhambra La Puente San Dimas
Diamond Bar Montebello San Gabriel
Duarte Monterey Park Temple City
El Monte Pico Rivera
SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE
The City's pay- for - performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his annual performance evaluation. All Team Member salary
increases, within the salary range, are based on merit through the annual performance
evaluations. Based on the Team Member's performance rating on his performance evaluation, a
Team Member is eligible for a merit increase. Employees eligible for a merit increase will be
eligible to receive up to a 3% merit increase during the term of this agreement.
Team Member salaries may not exceed the maximum salary range within the respective job
classification. Current Team Members whose salaries exceed the maximum salary range for the
job classification will be y -rated (frozen) and will not receive any merit increases until the salary
ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2014, the salary ranges of all positions that are "topped out" or exceed the
maximum salary range for the classification will be surveyed on an annual basis. All other
classifications will be surveyed bi- annually.
All full -time Team Members are part of the Merit Based Compensation System. All Team
Member salary increases, within the salary range, are based on merit through the annual
performance evaluations. Based on the Team Member's performance score on his performance
evaluation, a Team Member is eligible for a merit increase. In addition, Team Member salaries
may not exceed the maximum salary range within his respective job classification. The following
is the performance rating categories and percentage increases that a Team Member may be
eligible for based upon funding for FY 2014 -2016. Merit increases may not exceed three percent
(3% during the term of this agreement.
By January 1, 2018, all "classic members" will be required to contribute their full share up to 8%
of the employee contribution of the CaIPERS rate. In order to minimize the impact of this change,
the City is implementing a 2% contribution rate for the next 4 years.
Effective July 1, 2014, all classic members enrolled in CaIPERS will begin paying 2% of salary to
CaIPERS towards retiree benefits. In consideration of the member's 2% contribution towards
CaIPERS, all Classic members will receive a 2% increase in pay on July 1, 2014 and another 2%
salary increase on July 1, 2015. Effective July 1, 2015, team members enrolled in CaIPERS will
begin to paying an additional 2% to CaIPERS for a total of 4 %.
Ratina Percentage
Unsatisfactory 0%
_
Needs Develo ment
0%
Meets Ex ectations
1%
Exceed Expectations
2%
Substantially Exceeds Expectations
3%
The City will provide for merit increases up to 3% for the FY 2014 -2016.
Non - Classic CaIPERS Members will be eligible to receive up to 5% of merit increase for FY 2014-
2016. Effective January 1, 2013, PEPRA prohibits employers from paying any portion of a "new
member's" member contribution rate. All non - classic California Public Employees' Retirement
System (CaIPERS) members must pay 50% of total normal cost as employee contribution rate.
Consequently, non - classic CaIPERS members will be eligible for merit salary increases as
fnllnws
Rating
Unsatisfactory 0%
Needs Development
0%
Meets Expectations
2%-3%
Exceed Expectations
4%
Substantially Exceeds Expectations
5%
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City contracts with California Public Employees' Retirement System (CaIPERS) to serve as
the health insurance provider for the City.
ARTICLE 10: CAFETERIA-STYLE HEALTH WELFARE. & SAVINGS BENEFIT
Effective July 1, 2014, the City will provide each full -time Team Member with $1,650 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long -term care, or long-
term saving program. Team Members can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance coverage through another
source.
The City will consider increasing the cafeteria benefit allowance from $1650 per month to $1700
per month during FY 2015 -2016 based on the availability of funding and ability to pay.
ARTICLE 11: RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City, and who retire from the City, an allocation of up to $1,000/ month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $1,000 /month, the City will only cover
the first $1,000 /month of the cost of the selected program. Once the Team Member reaches age
65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare
coverage, with the City picking up the remaining cost of health insurance coverage up to a
maximum of $1,000 /month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City, and who retire from the City, an allocation of up to $500 1month will be given to pay
for health care benefits for the duration of their retirement. If the health insurance program
selected by the Team Member costs more than $500 /month, the City will only cover the first
$500 /month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and /or any eligible dependent.
Team Members hired after July 1, 2007 will receive retiree health benefits in accordance with
public employees' retirement laws and CalPERS.
ARTICLE 12: RETIREMENT PROGRAM (CALIPERS)
Team Members will be enrolled in the City's retirement program through CalPERS. On July 1,
2007, the City began providing the 2.7 % @55 benefit formula with one -year final compensation
option with no cap.
On July 1, 2010, the City implemented a 2 -tier system with changes for new hires only. All full -
time new hires will be subject to the 2%@55 formula with one -year final compensation option. All
existing full -time Team Members hired prior to July 1, 2010 will remain at the 2.7 @55 formula.
Under the Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013,
all 'new members" will be subject to the 2.0% @ age 62 benefit formula which also requires a
three year final compensation (the highest average annual pensionable compensation earned by
a member during a period of at least 36 months) with an early retirement age of 52.
A "New Member" is defined as
1, A new hire that is brought into CaIPERS membership for the first time on or after
January 1, 2013, and who has no prior membership in any other California public
retirement system.
2. A new hire who is brought into CalPERS membership for the first time on or after
January 1, 2013, and who is not eligible for reciprocity with another California public
retirement system.
3. A member who established CalPERS membership prior to January 1, 2013, and who
is hired by a different CalPERS employer after January 1, 2013, after a break in
service of greater than six months.
Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a "new
member's" member contribution rate. All new members must pay 50% of total normal cost as
employee contribution rate.
C21PERS refers to all members that do not fit within the definition of a new member as "classic
members'. All existing CalPERS members as of December 31, 2012, will retain the existing
benefit levels for future service with the same employer.
By January 1, 2018, all "classic members" will be required to contribute their full share up to 8%
of the employee contribution of the CalPERS rate. In order to minimize the impact of this change,
the City is implementing a 2% contribution rate for the next 4 years.
Effective July 1, 2014, all classic members enrolled in CaIPERS will begin paying 2% of salary to
CalPERS towards retiree benefits. In consideration of the member's 2% contribution towards
CaIPERS, all Classic members will receive a 2% increase in pay on July 1, 2014 and another 2%
salary increase on July 1, 2015. Effective July 1, 2015, team members enrolled in CaIPERS will
begin to paying an additional 2% to CalPERS for a total of 4 %.
ARTICLE 13: ENHANCED RETIREMENT PROGRAM (PARS)
The City offers an enhanced retirement package through PARS for all Team Members hired prior
to July 1, 2010. Full -time Team Members who retire from Rosemead after working 20 years for
the City will have their pension formula enhanced to 3 % @55, with the provision that the
maximum pension allowance that Team Member's can accrue through PARS is 90% of their final
pay. The PARS retirement pension is limited to 90% of their final pay. Team Members must be
at least 55 years of age to qualify for PARS.
All Team Members hired on or after July 1, 2010 are ineligible for the Enhanced Retirement
Program through PARS. PARS has been eliminated for all new full -time Team Members.
ARTICLE 14: DEFERRED COMPENSATION PROGRAM
For all full -time Team Members, the City set -up and began contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula is as follows:
Years of Service
' %of Salary . Contributed into
` Deferred Com ensation
0-4
1 %
5 -9
2%
10 -14
3%
15 -19
4%
20+
5%
All Team Members hired on or after July 1. 2010 are ineligible for the employer funded deferred
compensation program. The employer funded deferred compensation program has been
eliminated for all new full -time Team Members.
ARTICLE 15: VACATION ACCRUAL AND ACCRUAL CAP
Full -time team members will receive vacation accruals as follows.
" m, ; ^.. .... a ny•
aca ion kccomuha an ,
Years of Service
Hours /Pa Period
HoursNear
II Da shear
U to ear 1
3.85
100
10
Year 1 — Year 13
5.38
140
14
13+
6.15
160
16
All full -time Team Members accrue 100 hours of vacation leave during their first year of service.
140 hours are accrued for Team Members with one year of service, up to (but not over) 13 years.
For Team Members with over 13 years of service (13 +) the accrual rate is 160 hours. Team
members cease to accrue vacation hours when, in any pay period, they exceed two times their
annual accrual as determined by their anniversary date.
All full -time Team Members are entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
Vacation accruals will be determined by the percentage formula of actual hours in a paid status
by the City.
Examplel: An employee (with 1 -13 years of service) who works 80 hours on paid
status per pay period will accrue 5.38 hours /pay period.
Example 2: An employee (with 1 -13 years of service) who works 40 hours on paid
status per pay period will accrue 2.69 hours /pay period (50% of 5.38
hours /pay period).
Example 3: An employee (with 1 -13 years of service) who has a zero leave balance
and takes an extended leave of absence will not accrue any hours.
ARTICLE 16: VACATION BUYBACK
In order to encourage team members to take regular vacations on an annual basis and to partially
limit the growth of the City's long -term liability of team member accrued vacation hours upon
separation of employment, the City has established the following criteria for vacation buyback.
Once per calendar year, a full -time Team Member is eligible to have the City buyback up to 40
hours (1 week) of accumulated unused vacation time. On July 1, 2011, the City established two
(2) vacation banks as follows:
Bank A. Vacation earned /accrued prior to June 30, 2011,
Bank B&. Vacation earned /accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B.
ARTICLE 17: CITY- RECOGNIZED HOLIDAYS
The following days are recognized and observed as paid holidays:
1_ New Year's Day (January 1"
2. Martin Luther King's Birthday (the third Monday in January)
3, Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5, Independence Day (July 4'h)
6, Labor Day (the first Monday in September)
7. Veteran's Day (November 11'h)
S. Thanksgiving Day
9. Christmas Day (December 25'h)
Non - essential City services and facilities are closed from noon on Christmas Eve to New Year's
Day. If a Team Member elects to take the non - holidays off, he is required to utilize his own time.
If a holiday falls on a Friday or Saturday, Team Members will observe that holiday on the
preceding Thursday. If the holiday falls on a Sunday, Team Members will observe that holiday on
the following Monday.
ARTICLE 18: HOLIDAY PAY
Full -time, non - exempt Team Members receive straight time for the holiday plus 1% time for hours
worked on the holiday if the holiday has not been designated as an "amoeba' holiday.
ARTICLE 19: FLOATING HOLIDAYS
Team Members receive 20 hours of Floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited.
ARTICLE 20: OVERTIME I COMPENSATORY TIME
On July 1, 2007, Compensatory Time -Off (CTO) was eliminated. Instead, non - exempt Team
Members who work overtime will be paid for those overtime hours at a rate of 1.5 times their
regular pay rate.
Team Members who accrued CTO prior to July 1, 2007 are authorized to keep those hours. Use
of CTO earned is granted but may not unduly disrupt the operations of the City . Terminating
Team Members will be compensated for accrued compensatory hours. Furthermore, Team
Members who have accrued CTO may elect to have the City buy back any hours of CTO per
year. Said buy back will take place during the second pay period in December of each year and
will be paid at the Team Member's hourly rate at the time the CTO is sold back. In addition,
accrued CTO for any terminating Team Member will be paid out at the Team Member's hourly
rate at the time of termination.
Any existing full -time Team Members who were eligible for administrative leave entitlements prior
to July 1, 2010 under the terms of the Administrative Leave clause specified in Resolutions will
continue to be eligible for said entitlements.
ARTICLE 21: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged with Department Director approval. This could include the possibility of utilizing a
Flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
must be approved by the City Manager.
Any alternate workweek must be approved, in writing, by the City Manager.
ARTICLE 22: AMOEBA ORGANIZATION
The City is an "amoeba organization'. An amoeba is defined as a small single cell organism that
changes its shape in response to its environment. Rosemead is a small, fast - responding,
organizationally nimble, customer - focused city with the capability to make rapid and coordinated
organizational changes to accomplish service delivery objectives. We emphasize a customer
service culture within the organization where all full -time employees function as "front line service -
delivery" providers.
ARTICLE 23: AMOEBA FLEX WEEKS
Based on economic or business necessity, all full -time employees are required to work special
events with the ability to "flex' their hours to meet the human resources demands of the City's
special events which include:
Lunar New Year Family Festival
Community Yard Sale /Emergency Preparedness Fair
Easter "Egg "stravaganza
Memorial Day Service
4th of July Parade /Carnival /Fireworks Show
Summer Concerts in the Park
Fall Fiesta
9/11 Memorial Service
Holiday Tree Lighting Ceremony
This condition exists in every week in which there is a special event. If an unscheduled event
arises, the City Manager has the authority to implement an Amoeba Flex Week. The "flexing" of
hours must fall within the same work period of the special event. Supervisors and department
directors have the authority to approve /deny or reschedule "flex" hours so that appropriate staff
coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours worked
up to ten (10) will be banked which must be used by December 31". Those hours must be used
before the end of the calendar year or they will be forfeited.
ARTICLE 24: SICK LEAVE
A full -time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non - service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
1. Amount Earned: All full -time, regular or probationary Team Members will accrue ten (10)
hours of sick leave per month. Sick leave will be earned, commencing on the first day of
employment as a probationary Team Member, and accrued on a bi- weekly basis. Team
Members may accumulate up to a maximum of 120 hours of sick leave with pay per year
Sick leave accruals will be determined by the percentage formula of actual hours in a
paid status by the City.
Examplel: An employee who works 80 hours on paid status per pay period
will accrue 4.62 hours /pay period.
Example 2: An employee who works 40 hours on paid status per pay period
will accrue 2.31 hours /pay period (50% of 4.62 hours/pay period).
Example 3'. An employee who has a zero leave balance and takes an
extended leave of absence will not accrue any hours.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase up to one (1) additional year of service time from CalPERS. Any other
sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily,
will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein continues only during the period that the Team Member is employed by
the City. All benefits hereunder terminate upon the Team Member leaving City service.
A Team Member on military leave is not granted sick leave during the military leave
period. Team Members are not eligible to utilize sick leave benefits within the first thirty
(30) days of employment.
Sick leave is not a leave which a Team Member may use at his discretion, but is allowed
only in cases of actual sickness or disability which make it impossible or inadvisable for
the Team Member to perform normal work assignments /functions. Sick leave may be
utilized for dental or medical appointments, medical assessments and /or due to a serious
illness in the immediate family. The City Manager /Department Head may deny or revoke
sick leave if the incapacitation for which it is taken is caused or substantially aggravated
by compensated outside employment. If a Team Member is absent from work for more
than three (3) working days without notifying his direct supervisor or Department, the
Team Member may be dismissed from City service for being absent without official leave.
Any abuse of sick leave usage is grounds for disciplinary action up to and including
dismissal.
4. Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his supervisor to have vacation time converted to sick
leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability must notify the appropriate Department Director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before the start of his regular shift when prior notice cannot be given.
6. Sick Leave Authorized Due to Illness in Family: A Team Member is allowed sick leave
due to a serious illness in the immediate family. The definition of "family" defined under
the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious
illness in the immediate family, a certificate of such illness and the need for the Team
Member's absence by the acceptable medical authority may be required by the
Department Director. In such case, the Team Member must be able to produce a
verifying certification upon request by the immediate supervisor or management.
7. Return to Work Following Illness: The Department Director may require a Team Member
to submit to a medical and /or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member will be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Reguirement In order to be paid for sick leave, the Team Member
must make every good faith effort to notify his immediate supervisor prior to the start of
the Team Member's work day. The Department Director may request, for cause, a
certificate issued by a licenses physician or other satisfactory proof of illness before sick
leave is granted. The Department Director may also choose a licensed physician to
conduct a physical examination at City expense. Any Team Member who makes
application for sick leave may be required by either the Department Director or City
Manager to file a certificate signed by a duly and regularly licensed physician authorized
to practice medicine or may be required to submit a personal statement which states the
Team Member was incapacitated from performing the duties of the position for each day
that sick leave is requested. Authority will also be given to the physician signing the
certificate, to disclose to the City Manager or the Department Director, information
relating to sick leave. Sick leave will be granted when the application for sick leave is
approved by the Department Director or the City Manager.
9. Transfer of Sick Leave New Team Members may bring with them /transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member must provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member will not receive any payment for unused accumulated sick leave upon dismissal
of employment or retirement (either disability or regular). A Team Member may not use sick
leave to extend a retirement (either disability or regular) or dismissal date. This prohibition does
not affect a Team Member's right to obtain sick leave credit with CaIPERS. Any other balances
or if a Team Member resigns or is dismissed will be forfeited.
ARTICLE 25: BEREAVEMENT LEAVE
In the event of the death of a Team Member's immediate family (defined as spouse, parent, step-
parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law, sister -in -law,
brother -in -law, registered domestic partner or child of a registered domestic partner), Team
Members are entitled to four (4) paid days off for bereavement leave per incident.
ARTICLE 28: JURY LEAVE
Team Members required to serve on a jury are entitled to their regular compensation for up to 80
hours provided that fees for jury service are deposited to the Finance Department. -
ARTICLE 27: BILINGUAL PAY
The City offers a bilingual pay program for eligible Team Members who consistently utilize other
languages to translate during the normal course of work. To qualify, Team Members must pass
the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and /or Mandarin. A maximum of three (3) positions per language per
site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites
(RCRC,, Garvey Center, Public Safety and Public Works). In the event that more than three
Team Members wish to apply for it, management will determine the top three (3) based upon
positional need. Once certified, Team Members will receive a bilingual stipend of $75 per month.
Any Team Member who is not certified by the City is not required to use a language other than
English. However, when a member of the public, requests assistance in a language other than
English, our Team Members must make a reasonable effort to accommodate and assist in a
polite and professional manner.
The City reserves the right to suspend bilingual pay if the Team Member is out on an extended
leave of absence of more than 80 consecutive hours and is not physically present at work to
provide bilingual services.
ARTICLE 28: SNORT -TERM DISABILITY
The City provides Team Members with a short-term disability plan to protect against cases where
a non - work - related illness or injury is sustained which results in an inability to work for a short
period of time. In these cases, Team Members will receive 66.67% of their base salary (1 year
10
average of W -2) with a waiting period of 15 days. Team Members will receive continued payment
until the Team Member is medically able to return to work, or has to begin utilizing long term
disability., or until the Team Member reaches the age of 65, whichever comes first. The maximum
short-term disability benefit amount will be $1,848 per week.
ARTICLE 29: LONG -TERM DISABILITY
The City provides Team Members with a long -term disability plan to protect against cases where
a non - work - related illness or injury is sustained which results in an inability to work for a long
period of time In these cases, Team Members will receive 66.67% of their base salary with a 90
day waiting period. Team Member will receive continued payment until the Team Member is
medically able to return to work, or until the Team Member reaches the age of 65, whichever
comes first. The maximum long -term disability benefit amount will be $8,000 per month.
ARTICLE 30: LIFE INSURANCE
Team Members receive an accidental death 8 dismemberment and life insurance policy of
$100,000.
ARTICLE 31: TUITION REIMBURSEMENT
The City will suspend the tuition reimbursement program for FY 2014 -2016.
ARTICLE 32: WELLNESS PROGRAM
The City provides the Wellness Reimbursement Program at $300 per year for FY 2014 -2016,
ARTICLE 33: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full -time Team Members as outlined in the
Administrative Policy No. 30 -09 approved by the City Manager. Full -time Team Members are
eligible for this program after the completion of the probationary period
ARTICLE 34: EMPLOYEE ASSISTANCE PROGRAM - -
The City provides Team Members with access to the Employee Assistance Program (EAP).
ARTICLE 35: STAND -BY / CALL -BACK PAY
If a Team Member is on stand -by or on -call, he will receive $100 per week with a minimum of 3
hours of overtime regardless of the time of day or day of the week if required to report back to
work. In addition, call back pay commences upon the arrival of the Team Member at the work
site.
ARTICLE 36: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City offers Team Members a Flexible benefit plan which will allow individuals to pay for certain
expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax dollars.
ARTICLE 37: DIRECT DEPOSIT
Team Members are offered an option to authorize the automatic deposit of each paycheck into an
individual's checking, savings or credit union account. Payroll checks will not be issued in
advance.
11
ROSEMEAD EMPLOYEES ASSOCIATION
BY
R E 'LN /DEZ
/� RESEryI* V
By V//
COLLEEN /COLLEEN SHIBASHI
REA REPRESENTATIVE
BY -
MARTINJO ES
REA REPRESYATATIVE
By,
JANETTE ICARIO
REA REPRESENTATIVE
12
CITY OF ROSEMEAD
MA HEW F 14AWKESWORTH
ASSISTANT CITY MANAGER/FINANCE
DIRECTOR /CITY TREASURER
SO TAN
HUMAN RESOURCES MANAGER
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS :2A DAY
OF 2014
pirAm nqgwv�ll
TABLE OF CONTENTS
ARTICLE 1. PREAMBLE
ARTICLE 2. RECOGNITION & EFFECTIVE DATES
ARTICLE 3. CONSTITUTIONALITY
ARTICLE 4. IMPLEMENTATION
ARTICLE 5. NON- DISCRIMINATION
ARTICLE 6, GENDER
ARTICLE 7.
TERMS
ARTICLE 8.
COMPENSATION
ARTICLE 9.
HEALTH INSURANCE PROVIDER
ARTICLE 10.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 11.
RETIREMENT HEALTH PLAN
ARTICLE 12.
RETIREMENT PROGRAM (PERS)
ARTICLE 13.
ENHANCED RETIREMENT PROGRAM (PARS)
ARTICLE 14.
DEFERRED COMPENSATION PROGRAM
ARTICLE 15.
VACATION ACCRUAL AND ACCRUAL CAP
ARTICLE 16.
VACATION BUYBACK
ARTICLE 17.
CITY - RECOGNIZED HOLIDAYS
ARTICLE 18.
HOLIDAY PAY
ARTICLE 19.
FLOATING HOLIDAYS
ARTICLE 20.
OVERTIME / COMPENSATORY TIME
ARTICLE 21.
FLEXIBLE SCHEDULING
ARTICLE 22.
AMOEBA ORGANIZATION
ARTICLE 23.
AMOEBA FLEX WEEKS
ARTICLE 24,
SICK LEAVE
ARTICLE 25.
BEREAVEMENT LEAVE
ARTICLE 26.
JURY LEAVE
ARTICLE 27.
BILINGUAL PAY
ARTICLE 28.
SHORT -TERM DISABILITY
ARTICLE 29.
LONG -TERM DISABILITY
ARTICLE 30.
LIFE INSURANCE
ARTICLE 31.
TUITION REIMBURSEMENT
ARTICLE 32.
WELLNESS PROGRAM
ARTICLE 33,
COMPUTER PURCHASE PROGRAM
ARTICLE 34.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
ARTICLE 35.
STAND -BY / CALL -BACK PAY
ARTICLE 36,
FLEXIBLE BENEFIT PLAN (SECTION 125)
ARTICLE 37.
DIRECT DEPOSIT
ARTICLE 11 PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious
relations, cooperation, and communication between the City and the Rosemead Employee
Association. As a result of good faith negotiations between City and Association representatives,
this Memorandum of Understanding sets forth the Agreement regarding wages, hours and other
terms and conditions of employment for Team Members covered by this Memorandum. This
Memorandum provides for an orderly, means of resolving differences which may arise from time
to time during its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This Memorandum of Understanding is made and entered into between the City of Rosemead,
herein referred to as the "City" and the representatives of the Rosemead Employee Association,
herein referred to as the "Association ". Full consideration has been given to salaries, Team
Member benefits, and other terms and conditions of employment. Pursuant to the provisions of
Section 3505.1 of the Government Code of the State of California, said parties agree to this
Memorandum of Understanding effective July 1, 2013 upon approval of the City Council.
This Memorandum of Understanding shall become effective July 1, 2013 and will continue in
effect until June 30, 2014. The Rosemead Employee Association shall be officially recognized as
the representative body for all full -time Team Members of the City of Rosemead. This
Memorandum of Understanding represents the full and complete understanding between the
parties related to the subject matter set forth herein and all preliminary negotiations of whatever
kind or nature are merged herein.
Full -time Team Members in the following classifications are covered by this agreement
lo Caenerdl`S4fvice ?' aiti
Accounting Specialist
Housing Project Coordinator
Accounting Specialist, Senior
Maintenance Worker
Administrative Assistant
Maintenance Lead Worker
Assistant Planner
Office Specialist
Assistant to the City Clerk
Public Safety Coordinator
Code Enforcement Officer
Recreation Coordinator
Facilities Technician
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding Is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the Team Members of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: MON•DISCRIMINATION -
It is agreed that neither the Association nor the City shall discriminate against any Team Member
because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex
(including gender identity) disability (physical or mental), sexual orientation, marital status,
pregnancy, child birth or related medical condition, or any other legally protected characteristics.
ARTICLE 6. GENDER
Whenever the masculine or feminine form of any word is used in this Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
ARTICLE 7" TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this Memorandum of Understanding shall
be effective upon ratification by the City Council effective July 1, 2012 2013 and ending June 30,
2014.
ARTICLE 8: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET
COMPARISONS
A basic tenet of the compensation system is that the City will not provide annual across -the -board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the survey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent ( +/ -5 %)
constitutes a "competitive position" in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification -by- classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid -point base pay of the survey cities. The selected pay range will then be reduced by
five percent (5 %) in recognition of the City's rich benefits allowance and the principle that +/ -5%
of the average constitutes a "competitive" position in the labor market. On an annual basis, the
non - benchmark to benchmark linkages will be reviewed.
If a Team Member's base salary is below the adjusted minimum salary range of his /her
classification, his /her salary will be adjusted to the minimum salary range in the range for that
classification. Range adjustments up to 5% will be implemented for fiscal year 2013-2014.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a three -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; 2) full contract city status; and /or a sufficient number of
comparable positions. The following cities will be surveyed on a periodic basis for comparison
purposes:
Alhambra La Puente San Dimas
Diamond Bar Montebello San Gabriel
Duarte Monterey Park Temple City
El Monte Pico Rivera
The City's pay -for- performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his /her annual performance evaluation. All Team Member salary
increases, within the salary range, will be based on merit through the annual performance
evaluations. Based on the Team Member's performance score on his /her performance
evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed
five percent (5 %).
Team Member salaries may not exceed the maximum salary range within his/her respective job
classification. Current Team Members whose salaries exceed the maximum salary range for
his /her job classification will be y -rated (frozen) and will not receive any merit increases until the
salary ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2010, all full -time Team Members will be part of the 0 % -5% Merit Based
Compensation System. All Team Member salary increases, within the salary range, will be based
on merit through the annual performance evaluations. Based on the Team Member's
performance score on his /her performance evaluation, a Team Member will be eligible for a merit
increase. Merit increases may not exceed five percent (5 %). In addition, Team Member salaries
may not exceed the maximum salary range within his /her respective job classification. The
following is the performance rating categories and percentage increases that a Team Member
may be eligible for based upon funding:
The City will reinstate merit increases for the FY 2013 -2014.
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City shall contract with CaIPERS to serve as the health Insurance provider for the City of
Rosemead.
ARTICLE 109 CAFETERIA -STYLE HEALTH, WELFAP5, 8, SAVINGS BENEFIT
Beginning July 1, 2008, the City will provide each full -time Team Member with $1,600 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long -term care, or long-
term saving program. Team Members can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance through another source.
ARTICLE 119 RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000/
month will be given to pay for health care benefits for the duration of their retirement. If the health
insurance program selected by the Team Member costs more than $1,000 /month, the City will
only cover the first $1,000 1month of the cost of the selected program. Once the Team Member
reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to
Medicare coverage, with the City picking up the remaining cost of health insurance coverage up
to a maximum of $1,000 /month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City of Rosemead, and who retire from the City, an allocation of up to $500 /month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500 /month, the City will only cover the
first $5001month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
Unsatisfactory
0%
Needs Development
0%
Meets Expectations
2%-3%
Exceed Expectations
4%
Substantially Exceeds Expectations
5%
The City will reinstate merit increases for the FY 2013 -2014.
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City shall contract with CaIPERS to serve as the health Insurance provider for the City of
Rosemead.
ARTICLE 109 CAFETERIA -STYLE HEALTH, WELFAP5, 8, SAVINGS BENEFIT
Beginning July 1, 2008, the City will provide each full -time Team Member with $1,600 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long -term care, or long-
term saving program. Team Members can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance through another source.
ARTICLE 119 RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000/
month will be given to pay for health care benefits for the duration of their retirement. If the health
insurance program selected by the Team Member costs more than $1,000 /month, the City will
only cover the first $1,000 1month of the cost of the selected program. Once the Team Member
reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to
Medicare coverage, with the City picking up the remaining cost of health insurance coverage up
to a maximum of $1,000 /month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City of Rosemead, and who retire from the City, an allocation of up to $500 /month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500 /month, the City will only cover the
first $5001month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according. to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and / or any eligible dependent.
Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with
public employees' retirement laws and CaIPERS.
ARTICLE 12. PROGRAM (PERS)
Team Members will be enrolled in the City's retirement program through CaIPERS. Effective July
1, 2007, the City will begin providing the 2.7 % @55 benefit with one -year final compensation
option with no cap. In addition, the City will continue to contribute the Team Member's share to
the retirement system.
Effective July 1, 2010, the City will implement a 2 -tier system with changes for new hires only. All
full -time new hires will be at the 2 % @55 formula with one -year final compensation option. All
existing full -time Team Members hired prior to July 1, 2010 will remain at the 2.7 @55 formula.
Under the Public Employees' Pension Reform Act of 2013 (AB 340), all "new members' will be
subject to the 2.0% @ age 62 formula and requires a three year final compensation (the highest
average annual pensionable compensation earned by a member during a period of at least 36
months).
ARTICLE 13- ENHANCED RETIREMENT PROGRAM (PARS)
The City will continue offering an enhanced retirement package through PARS for all existing
Team Members hired prior to July 1, 2010. Full -time Team Members who retire from Rosemead
after working 20 years for the City will have their pension formula enhanced to 3 % @55, with the
provision that the maximum pension allowance that Team Member's can accrue through PARS
will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay.
Team Members must be at least 55 years of age to qualify for PARS.
Effective July 1, 2010, the enhanced retirement package through PARS will no longer be offered
to full -time new hires. The PARS enhancement will be phased out.
ARTICLE 14: DEFERRED COMPENSATION PROGRAM
For all full -time Team Members, the City will set -up and begin contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula will be as follows:
0 — 4 Years: 1% of salary contributed into a deferred compensation account.
5 — 9 Years: 2% of salary contributed to a deferred compensation account.
10 — 14 Years: 3% of salary contributed to a deferred compensation account.
15 — 19 Years: 4% of salary contributed to a deferred compensation account.
20+ Years: 5% of salary contributed to a deferred compensation account.
Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for
all new full -time Team Members.
ARTICLE 15: VACATION ACCRUAL AND ACCRUAL CAP
Full -time team members shall receive vacation accruals as follows:
9 ! �1 [d ��� E, tTAAz.,! —':l'✓a
I4iq�YjpFe'a� 'rjd .iEEis+`SiS,n'ai;��a 'flt�D / lYcl }frliil�affolti-
Years of Service Hours /Pay Period
+',j`iTJ & �T��y [n}�1t3tQ (f4-
h+Y%&1,.1`fa r4w'k..RaS'[{3R'f
Hours /Year Days /Year
Up to year 1
3.85
100
10
Year 1 — Year 13
5.38
140
14
13+
615
160
16
All full -time Team Members will accrue 100 hours of vacation leave during their first year of
service. 140 hours will be accrued for Team Members with one year of service, up to (but not
over) 13 years. For Team Members with over 13 years of service (13 +) the accrual rate is 160
hours. Team members will cease to accrue vacation hours when in any pay period they exceed
two times their annual accrual as determined by their anniversary date.
All full -time Team Members will be entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
ARTICLE 16: VACATION BUYBACK
In order to encourage team members to take regular vacations on an annual basis and to partially
limit the growth of the City's long -term liability of team member accrued vacation hours upon
separation of employment, the City has established the following criteria for vacation buyback.
Once per calendar year, a full -time Team Member will be eligible to have the City buyback up to
40 hours (1 week) of accumulated unused vacation time. Effective July 1, 2011, the City will
establish two (2) vacation banks as follows:
Bank A: Vacation earned /accrued until June 30, 2011 (existing balance)
Bank B: Vacation earned /accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B.
ARTICLE 17: CITY -RECOGNIZED HOLIDAYS
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1st)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 4th)
6. Labor Day (the first Monday in September)
i. Veteran's Day (November 11th)
8. Thanksgiving Day
9. Christmas Day (December 25th)
Non - essential City services and facilities will be closed from Christmas to New Year's Day. If the
Team Member elects to take the non - holidays off, he /she will be required to utilize his /her own
time.
If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the
preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the
following Monday.
ARTICLE 18o HOLIDAY PAY
Full -time non- exempt Team Members will receive straight time for the holiday plus 1'% time for
hours worked on the holiday if the holiday has not been designated as an "amoeba" holiday.
ARTICLE 191 FLOATING HOLIDAYS
Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited.
ARTICLE 20. OVERTIME / COMPENSATORY TIME
Beginning on July 1, 2007, compensatory time -off (CTO) will no longer be provided to any Team
Member. Instead, non - exempt Team Members that work overtime shall be paid for those
overtime hours at a rate of 1.5 times their regular pay rate.
Those Team Members that have accrued CTO prior to July 1, 2007 shall be allowed to keep
those hours. Use of CTO earned shall be granted so that it does not unduly disrupt the
operations of the City. Terminating Team Members shall be compensated for accrued
compensatory hours. Furthermore, Team Members who have accrued CTO may elect to have
the City buy back any hours of CTO per year. Said buy back shall take place during the second
pay period in December of each year and will be paid at the Team Member's hourly rate at the
time the CTO is sold back to the City. In addition, accrued CTO for any terminating Team
Member will be paid out at the Team Member's hourly rate at the time of termination.
Any existing full -time Team Members who were eligible for administrative leave entitlements prior
to July 1, 2010 under the terms of the Administrative Leave clause specified in Resolutions will
continue to be eligible for said entitlements.
ARTICLE 21; FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged given Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
shall require approval of the City Manager.
Any alternate workweek must be approved, in writing, by the City Manager
ARTICLE 22: AMOEBA ORGANIZATION
The City will become an "amoeba organization ". An amoeba is defined as a small single cell
organism that changes its shape in response to its environment. Rosemead will become a small,
fast - responding, organizationally nimble, customer - focused city with the capability to make rapid
and coordinated organizational changes to accomplish service delivery objectives. We will
emphasize a customer service culture within the organization where all full -time employees
function as "front line service- delivery" providers.
ARTICLE 23: AMOEBA FLEX WEEKS
Based on economic or business necessity, all full -time employees will be required to work special
events with the ability to °flex" the hours to meet the human resources demands of the City's
special events which include:
Lunar New Year Family Festival
• Community Yard Sale /Emergency Preparedness Fair
Easter "Egg "stravaganza
• Memorial Day Service
• 4th of July Parade /Carnival /f=ireworks Show
• Summer Concerts in the Park
• Fall Fiesta
9/11 Memorial Service
Holiday Tree Lighting Ceremony
This condition shall exist in every week in which there is a special event. If an unscheduled event
arises, the City Manager has the authority to implement an Amoeba Flex Week. The "flexing" of
hours must fall within the same work period of the special event. Supervisors and department
directors shall have the authority to approve /deny or reschedule "flex" hours so that appropriate
staff coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours worked
up to ten (10) will be banked which must be used by December 31'. Those hours must be used
before the end of the calendar year or they will be forfeited.
ARTICLE 24. SICK LEAVE
A full -time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non - service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
1. Amount Earned: All full -time, regular or probationary Team Members of the City shall
accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing
on the first day of employment as a probationary Team Member, and accrued on a bi-
weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick
leave with pay per year.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase up to one (1) additional year of service time from CaIPERS. Any other
sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily,
will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein shall continue only during the period that the Team Member is
employed by the City, All benefits hereunder shall terminate upon the Team Member
leaving City service. A Team Member on military leave shall not be granted sick leave
during the military leave period. Team Members are not eligible to utilize sick leave
benefits within the first thirty (30) days of employment.
Sick leave is not a leave which a Team Member may use at his /her discretion, but shall
be allowed only in cases of actual sickness or disability which make it impossible or
inadvisable for the Team Member to perform normal work assignments /functions. Sick
leave may be utilized for dental or medical appointments, medical assessments and /or
due to a serious illness in the immediate family. The City ManagerlDepartment Head
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his /her direct
supervisor or Department, the Team Member may be dismissed from City service for
being absent without official leave. Any abuse of sick leave usage shall be grounds for
disciplinary action up to and including dismissal.
4. Illness During Vacation Leave: Team Members who become III while on approved
vacation leave may request from his /her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability shall notify the appropriate Department Director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before the start of his /her regular shift when prior notice cannot be given.
8. Sick Leave Authorized Due to illness in Family: A Team. Member shall be allowed sick
leave due to serious illness in the immediate family. The definition of "family" defined
under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a
serious illness in the immediate family, a certificate of such illness and the need for the
Team Member's absence by the acceptable medical authority may be required by the
Department Director. In such case, the Team Member must be able to produce a
verifying certification upon request by management.
7. Return to Work Following Illness: The Department Director may require a Team Member
to submit to a medical and/or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member shall be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for time while absent from duty on
sick leave, the Team Member must make every good faith effort to notify his /her
immediate supervisor prior to the start of the Team Member's work day. The Department
Director may request, for cause, a certificate issued by a licenses physician or other
- satisfactory proof of illness before sick leave is granted. The Department Director may
also choose a licensed physician to conduct a physical examination at City expense. Any
Team Member who makes application for sick leave may be required by either the
Department Director or City Manager to file a certificate signed by a duly and regularly
licensed physician authorized to practice medicine or may be required to submit a
personal statement which states the Team Member was incapacitated from performing
the duties of the position for each day that sick leave is requested. Authority shall also be
given to the physician signing the certificate, to disclose to the City Manager or the
Department Director, information relating to sick leave. Sick leave shall be granted when
the application for sick leave is approved by the Department Director or the City
Manager.
9. Transfer of Sick Leave: New Team Members may bring with them /transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member shall provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of
employment or retirement (either disability or regular). A Team Member may not use sick leave
to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not
affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a
Team Member resigns or is dismissed will be forfeited.
ARTICLE 25: BEREAVEMEW LEAVE
In the event of the death of a member of a Team Member's immediate family (defined as spouse,
parent, step - parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law,
sister -in -law, brother -in -law, registered domestic partner or child of a registered domestic
partner), Team Members will be entitled to four (4) paid days off for bereavement leave per
incident.
ARTICLE 26: JURY LEAVE
Team Members required to serve on a jury will be entitled to their regular compensation for up to
80 hours provided that fees for jury service are deposited to the finance department.
ARTICLE 27: BILINGUAL PAY
The City will offer a bilingual pay program for eligible Team Members who consistently utilize
other languages to translate during the normal course of work. To qualify, Team Members must
pass the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and /or Mandarin. A maximum of three (3) positions per language per
site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites
(RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three
Team Members wish to apply for it, management will determine the top three (3) based upon
positional need. Once certified, Team Members shall receive a bilingual stipend of $75 per
month.
Any Team Member who is not certified by the City shall not be required to use a language other
than English. However, when a member of the public, requests assistance in a language other
than English, our Team Members shall make a reasonable effort to accommodate and assist in a
polite and professional manner.
ARTICLE 28: SHORT -TERM DISABILITY
The City will provide Team Members with a short-term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
short period of time. In these cases, Team Members will receive 66.67% of their base salary (1
year average of W -2) with a waiting period of 15 days. Team Members will receive continued
payment until the Team Member is medically able to return to work, or has to begin utilizing long
term disability, or until the Team Member reaches the age of 65, whichever comes first. The
maximum short-term disability benefit amount will be $1848 per week.
ARTICLE 28: LONG -TERM DISABILITY
The City will provide Team Members with a long -term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
long period of time. In these cases, Team Members will receive 66.67% of their base salary with
a 90 day waiting period. Team Member will receive continued payment until the Team Member
is medically able to return to work, or until the Team Member reaches the age of 65, whichever
comes first. The maximum long -term disability benefit amount will be $8,000 per month.
ARTICLE 30: LIFE INSURANCE
Team Members will receive an accidental death & dismemberment and life insurance policy of
$100,000.
ARTICLE 31: TUITION REIMBURSEMENT
The City will suspend the tuition reimbursement program for FY 2013 -2014.
ARTICLE 32: WELLNESS PROGRAM '
The City will reinstate the Weilness Reimbursement Program at $300 per year for FY 2013 -2014.
ARTICLE 33: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full -time Team Members as outlined in the
Administrative Policy No. 30 -09 approved by the City Manager. Full -time Team Members are
eligible for this program after the completion of the probationary period.
ARTICLE 34' EMPLOYEE ASSISTANCE PROGRAM
The City will provide Team Members with access to the Employee Assistance Program (EAP).
ARTICLE 35: STAND -BY / CALL -BACK PAY
If a Team Member is on stand -by or on -call, he /she shall receive $100 per week with a minimum
of 3 hours of overtime regardless of the time of day or day of the week if required to report back
to work. In addition, call back pay shall commence upon the arrival of the Team Member at the
work site.
ARTICLE 36: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City will offer Team Members a flexible benefit plan which will allow individuals to pay for
certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax
dollars.
ARTICLE 37: DIRECT DEPOSIT
Team Members will be provided with an option to authorize
paycheck into an individual's checking, savings or credit union
be issued in advance.
10
the automatic deposit of each
account. Payroll checks will not
ROSEMEAD EMPLOYEES ASSOCIATION
BY: BY:
ERICKA HERNANDEZ
REA REPRESENTATIVE
alf
In
EA REP RESENTATIVEARIO
ARTIN J� NES
REA REPRE NTA7IVE
.IIMM L
REA PRESENTATIVE
BY:
ARACINLI GALINDO
REA REPRESENTATIVE
11
CITY OF ROSEMEAD
JEF ALLRED
CITY MANAGE
} xw� r-
MAITHEw E. HA KE. WORTH
ASSISTANT CITY MANAGER
SU TAN
HUMAN RESOURCES MANAGER
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS t DAY
OF- 2013
City of Rosemead
General Services
Salary Ranges and Job Classifications
Effective July 1, 2013
Administrative Assistant $3,328 $4,502
Office Specialist $2,662 $3,602
Accounting Specialist $2,909 $3,936
Accounting Specialist Senior $3,724 $5,039
Community Development Minimum Maximum
Assistant Planner
$4,084
$5,525
Housing Project Coordinator
$4,457
$6,030
Recreation Coordinator 1 $2,662 $3,602
Code Enforcement Officer $3,692 $4,676
Public Safety Coordinator $4,116 $5,423
Facilities Technician
$3,133
$4,239
Maintenance Lead Worker
$3,634
$4,798
Maintenance Worker
$2,907
$3,838
THE CITY OF ROSEMEAD
THE ROSEMEAD EMPLOYEE ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 2012 THROUGH JUNE 309 2014
TABLE OF CONTENTS
ARTICLE 1.
PREAMBLE
ARTICLE 2.
RECOGNITION & EFFECTIVE DATES
ARTICLE 3.
CONSTITUTIONALITY
ARTICLE 4.
IMPLEMENTATION
ARTICLE 5.
NON - DISCRIMINATION
ARTICLE 6.
GENDER
ARTICLE 7.
TERMS
ARTICLE 8.
COMPENSATION
ARTICLE 9.
HEALTH INSURANCE PROVIDER
ARTICLE 10.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 11.
RETIREMENT HEALTH PLAN
ARTICLE 12.
RETIREMENT PROGRAM (PERS)
ARTICLE 13.
ENHANCED RETIREMENT PROGRAM (PARS)
ARTICLE 14.
DEFERRED COMPENSATION PROGRAM
ARTICLE 15.
VACATION ACCRUAL AND ACCRUAL CAP
ARTICLE 16.
VACATION BUYBACK
ARTICLE 17.
CITY - RECOGNIZED HOLIDAYS
ARTICLE 18.
HOLIDAY PAY
ARTICLE 19.
FLOATING HOLIDAYS
ARTICLE 20.
OVERTIME / COMPENSATORY TIME
ARTICLE 21.
FLEXIBLE SCHEDULING
ARTICLE 22.
AMOEBA ORGANIZATION
ARTICLE 23.
AMOEBA FLEX WEEKS
ARTICLE 24.
SICK LEAVE
ARTICLE 25.
BEREAVEMENT LEAVE
ARTICLE 26.
JURY LEAVE
ARTICLE 27.
BILINGUAL PAY
ARTICLE 28.
SHORT -TERM DISABILITY
ARTICLE 29.
LONG -TERM DISABILITY
ARTICLE 30.
LIFE INSURANCE
ARTICLE 31.
TUITION REIMBURSEMENT
ARTICLE 32.
WELLNESS PROGRAM
ARTICLE 33.
COMPUTER PURCHASE PROGRAM
ARTICLE 34.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
ARTICLE 35.
STAND -BY / CALL -BACK PAY
ARTICLE 36.
FLEXIBLE BENEFIT PLAN (SECTION 125)
ARTICLE 37.
DIRECT DEPOSIT
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious
relations, cooperation, and communication between the City and the Rosemead Employee
Association. As a result of good faith negotiations between City and Association representatives,
this Memorandum of Understanding sets forth the Agreement regarding wages, hours and other
terms and conditions of employment for Team Members covered by this Memorandum. This
Memorandum provides for an orderly, means of resolving differences which may arise from time
to time during its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This Memorandum of Understanding is made and entered into between the City of Rosemead,
herein referred to as the "City" and the representatives of the Rosemead Employee Association,
herein referred to as the "Association ". Full consideration has been given to salaries, Team
Member benefits, and other terms and conditions of employment. Pursuant to the provisions of
Section 3505.1 of the Government Code of the State of California, said parties agree to this
Memorandum of Understanding effective July 1, 2012 upon approval of the City Council.
This Memorandum of Understanding shall become effective July 1, 2012 and will continue in
effect until June 30, 2014. The Rosemead Employee Association shall be officially recognized as
the representative body for all full -time Team Members of the City of Rosemead. This
Memorandum of Understanding represents the full and complete understanding between the
parties related to the subject matter set forth herein and all preliminary negotiations of whatever
kind or nature are merged herein.
Full -time Team Members in the following classifications are covered by this agreement
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the Team Members of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Association nor the City shall discriminate against any Team Member
because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex
(including gender identity) disability (physical or mental), sexual orientation, marital status,
pregnancy, child birth or related medical condition, or any other legally protected characteristics.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
ARTICLE 7: TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this Memorandum of Understanding shall
be effective upon ratification by the City Council effective July 1, 2012 and ending June 30, 2014.
ARTICLE 6: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET
COMPARISONS
A basic tenet of the compensation system is that the City will not provide annual across - the -board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the surrey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent ( +1-5 %)
constitutes a "competitive position" in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification -by- classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid -point base pay of the survey cities. The selected pay range will then be reduced by
five percent (5 %) in recognition of the City's rich benefits allowance and the principle that +/ -5%
of the average constitutes a "competitive" position in the labor market. On an annual basis, the
non - benchmark to benchmark linkages will be reviewed.
If a Team Member's base salary is below the adjusted minimum salary range of his /her
classification, his /her salary will be adjusted to the minimum salary range in the range for that
classification. No range adjustments will be implemented for calendar year 2012.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a two -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; and /or 2) full contract city status in eastern Los Angeles
County. The following cities will be surveyed on a periodic basis for comparison purposes:
Alhambra La Mirada San Dimas
Commerce La Puente San Gabriel
Diamond Bar Montebello South El Monte
Duarte Monterey Park Temple City
El Monte Paramount
Lakewood Pico Rivera
TEAM MEMBER SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE
The City's pay- for - performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his /her annual performance evaluation. All Team Member salary
increases, within the salary range, will be based on merit through the annual performance
evaluations. Based on the Team Member's performance score on his /her performance
evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed
2
five percent (5 %).
Team Member salaries may not exceed the maximum salary range within his /her respective job
classification. Current Team Members whose salaries exceed the maximum salary range for
his /her job classification will be y -rated (frozen) and will not receive any merit increases until the
salary ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2010, all full -time Team Members will be part of the 0 % -5% Merit Based
Compensation System. All Team Member salary increases, within the salary range, will be based
on merit through the annual performance evaluations. Based on the Team Member's
performance score on his /her performance evaluation, a Team Member will be eligible for a merit
increase. Merit increases may not exceed five percent (5 %). In addition, Team Member salaries
may not exceed the maximum salary range within his /her respective job classification. The
following is the performance rating categories and percentage increases that a Team Member
may be eligible for based upon funding:
Needs
Meets
Exceed
0%
5%
The City will suspend merit increases for the FY 2012 -2013. The City will revisit merit increases
for FY 2013 -2014 based on the availability of funding.
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City shall contract with CalPERS to serve as the health insurance provider for the City of
Rosemead.
ARTICLE 10: CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
Beginning July 1, 2008, the City will provide each full -time Team Member with $1,600 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long -term care, or long-
term saving program. Team Members can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance through another source.
ARTICLE 11: RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000/
month will be given to pay for health care benefits for the duration of their retirement. If the health
insurance program selected by the Team Member costs more than $1,000 /month, the City will
only cover the first $1,000 /month of the cost of the selected program. Once the Team Member
reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to
Medicare coverage, with the City picking up the remaining cost of health insurance coverage up
to a maximum of $1,000 /month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City of Rosemead, and who retire from the City, an allocation of up to $500 /month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500 /month, the City will only cover the
first $500 /month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and / or any eligible dependent.
Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with
public employees' retirement laws and CalPERS.
ARTICLE 12: RETIREMENT PROGRAM (PERS)
Team Members will be enrolled in the City's retirement program through CalPERS. Effective July
1, 2007, the City will begin providing the 2.7 % @55 benefit with one -year final compensation
option with no cap. In addition, the City will continue to contribute the Team Member's share to
the retirement system.
Effective July 1, 2010, the City will implement a 2 -tier system with changes for new hires only. All
full -time new hires will be at the 2 % @55 formula with one -year final compensation option. All
existing full -time Team Members hired prior to July 1, 2010 will remain at the 2.7 @55 formula.
ARTICLE 13: ENHANCED RETIREMENT PROGRAM (PARS)
The City will continue offering an enhanced retirement package through PARS for all existing
Team Members hired prior to July 1, 2010. Full -time Team Members who retire from Rosemead
after working 20 years for the City will have their pension formula enhanced to 3 % @55, with the
provision that the maximum pension allowance that Team Member's can accrue through PARS
will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay.
Team Members must be at least 55 years of age to qualify for PARS.
Effective July 1, 2010, the enhanced retirement package through PARS will no longer be offered
to full -time new hires. The PARS enhancement will be phased out.
ARTICLE 14: DEFERRED COMPENSATION PROGRAM
For all full -time Team Members, the City will set -up and begin contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula will be as follows:
• 0 — 4 Years: 1 % of salary contributed into a deferred compensation account.
• 5 — 9 Years: 2% of salary contributed to a deferred compensation account.
• 10 — 14 Years: 3% of salary contributed to a deferred compensation account.
• 15 —19 Years: 4% of salary contributed to a deferred compensation account.
• 20+ Years: 5% of salary contributed to a deferred compensation account.
Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for
all new full -time Team Members.
ARTICLE 15: VACATION ACCRUAL AND ACCRUAL CAP
Full -time team members shall receive vacation accruals as follows:
All full -time Team Members will accrue 100 hours of vacation leave during their first year of
service. 140 hours will be accrued for Team Members with one year of service, up to (but not
over) 13 years. For Team Members with over 13 years of service (13 +) the accrual rate is 160
hours. Team members will cease to accrue vacation hours when in any pay period they exceed
two times their annual accrual as determined by their anniversary date.
All full -time Team Members will be entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
ARTICLE 16: VACATION BUYBACK
In order to encourage team members to take regular vacations on an annual basis and to partially
limit the growth of the City's long -term liability of team member accrued vacation hours upon
separation of employment, the City has established the following criteria for vacation buyback.
Once per calendar year, a full -time Team Member will be eligible to have the City buyback up to
40 hours (1 week) of accumulated unused vacation time. Effective July 1, 2011, the City will
establish two (2) vacation banks as follows:
Bank A: Vacation earned /accrued until June 30, 2011 (existing balance)
Bank B: Vacation earned /accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B.
ARTICLE 17: CITY- RECOGNIZED HOLIDAYS
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1 s`)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 41h)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 111h)
8. Thanksgiving Day
9. Christmas Day (December 251h)
Non - essential City services and facilities will be closed from Christmas to New Year's Day. If the
Team Member elects to take the non- holidays off, he /she will be required to utilize his /her own
time.
If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the
preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the
following Monday.
Hours/Year
Days/Year
Years of Service
Hours/Pay Period
Up to year l
3.85
100
10
Year 1 — Year 13
5.38
140
14
13+
6.15
160
16
All full -time Team Members will accrue 100 hours of vacation leave during their first year of
service. 140 hours will be accrued for Team Members with one year of service, up to (but not
over) 13 years. For Team Members with over 13 years of service (13 +) the accrual rate is 160
hours. Team members will cease to accrue vacation hours when in any pay period they exceed
two times their annual accrual as determined by their anniversary date.
All full -time Team Members will be entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
ARTICLE 16: VACATION BUYBACK
In order to encourage team members to take regular vacations on an annual basis and to partially
limit the growth of the City's long -term liability of team member accrued vacation hours upon
separation of employment, the City has established the following criteria for vacation buyback.
Once per calendar year, a full -time Team Member will be eligible to have the City buyback up to
40 hours (1 week) of accumulated unused vacation time. Effective July 1, 2011, the City will
establish two (2) vacation banks as follows:
Bank A: Vacation earned /accrued until June 30, 2011 (existing balance)
Bank B: Vacation earned /accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B.
ARTICLE 17: CITY- RECOGNIZED HOLIDAYS
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1 s`)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 41h)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 111h)
8. Thanksgiving Day
9. Christmas Day (December 251h)
Non - essential City services and facilities will be closed from Christmas to New Year's Day. If the
Team Member elects to take the non- holidays off, he /she will be required to utilize his /her own
time.
If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the
preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the
following Monday.
ARTICLE 18: HOLIDAY PAY
Full -time non - exempt Team Members will receive straight time for the holiday plus 1'/2 time for
hours worked on the holiday if the holiday has not been designated as an "amoeba" holiday.
ARTICLE 19: FLOATING HOLIDAYS
Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited.
ARTICLE 20: OVERTIME / COMPENSATORY TIME
Beginning on July 1, 2007, compensatory time -off (CTO) will no longer be provided to any Team
Member. Instead, non - exempt Team Members that work overtime shall be paid for those
overtime hours at a rate of 1.5 times their regular pay rate.
Those Team Members that have accrued CTO prior to July 1, 2007 shall be allowed to keep
those hours. Use of CTO earned shall be granted so that it does not unduly disrupt the
operations of the City. Terminating Team Members shall be compensated for accrued
compensatory hours. Furthermore, Team Members who have accrued CTO may elect to have
the City buy back any hours of CTO per year. Said buy back shall take place during the second
pay period in December of each year and will be paid at the Team Member's hourly rate at the
time the CTO is sold back to the City. In addition, accrued CTO for any terminating Team
Member will be paid out at the Team Member's hourly rate at the time of termination.
Any existing full -time Team Members who were eligible for administrative leave entitlements prior
to July 1, 2010 under the terms of the Administrative Leave clause specified in Resolutions will
continue to be eligible for said entitlements.
ARTICLE 21: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged given Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
shall require approval of the City Manager.
Any alternate workweek must be approved, in writing, by the City Manager.
ARTICLE 22: AMOEBA ORGANIZATION
The City will become an "amoeba organization ". An amoeba is defined as a small single cell
organism that changes its shape in response to its environment. Rosemead will become a small,
fast - responding, organizationally nimble, customer - focused city with the capability to make rapid
and coordinated organizational changes to accomplish service delivery objectives. We will
emphasize a customer service culture within the organization where all full -time employees
function as "front line service - delivery" providers.
ARTICLE 23: AMOEBA FLEX WEEKS
Based on economic or business necessity, all full -time employees will be required to work special
events with the ability to "flex" the hours to meet the human resources demands of the City's
special events which include:
• Lunar New Year Family Festival
• Community Yard Sale /Emergency Preparedness Fair
• Easter "Egg "stravaganza
• Memorial Day Service
• 4th of July Parade /Carnival /Fireworks Show
• Summer Concerts in the Park
• Fall Fiesta
• 9/11 Memorial Service
Holiday Tree Lighting Ceremony
This condition shall exist in every week in which there is a special event. If an unscheduled event
arises, the City Manager has the authority to implement an Amoeba Flex Week. The "flexing' of
hours must fall within the same work period of the special event. Supervisors and department
directors shall have the authority to approve /deny or reschedule "flex" hours so that appropriate
staff coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours worked
up to ten (10) will be banked which must be used by December 31St. Those hours must be used
before the end of the calendar year or they will be forfeited.
ARTICLE 24: SICK LEAVE
A full -time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non - service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
Amount Earned: All full -time, regular or probationary Team Members of the City shall
accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing
on the first day of employment as a probationary Team Member, and accrued on a bi-
weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick
leave with pay per year.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase up to one (1) additional year of service time from CalPERS. Any other
sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily,
will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein shall continue only during the period that the Team Member is
employed by the City. All benefits hereunder shall terminate upon the Team Member
leaving City service. A Team Member on military leave shall not be granted sick leave
during the military leave period. Team Members are not eligible to utilize sick leave
benefits within the first thirty (30) days of employment.
Sick leave is not a leave which a Team Member may use at his /her discretion, but shall
be allowed only in cases of actual sickness or disability which make it impossible or
inadvisable for the Team Member to perform normal work assignments /functions. Sick
leave may be utilized for dental or medical appointments, medical assessments and /or
due to a serious illness in the immediate family. The City Manager /Department Head
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his /her direct
supervisor or Department, the Team Member may be dismissed from City service for
being absent without official leave. Any abuse of sick leave usage shall be grounds for
disciplinary action up to and including dismissal.
4. Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his /her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
7
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability shall notify the appropriate Department Director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before the start of his /her regular shift when prior notice cannot be given.
6. Sick Leave Authorized Due to Illness in Family: A Team Member shall be allowed sick
leave due to serious illness in the immediate family. The definition of "family" defined
under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a
serious illness in the immediate family, a certificate of such illness and the need for the
Team Member's absence by the acceptable medical authority may be required by the
Department Director. In such case, the Team Member must be able to produce a
verifying certification upon request by management.
Return to Work Following Illness: The Department Director may require a Team Member
to submit to a medical and /or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member shall be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for time while absent from duty on
sick leave, the Team Member must make every good faith effort to notify his /her
immediate supervisor prior to the start of the Team Member's work day. The Department
Director may request, for cause, a certificate issued by a licenses physician or other
satisfactory proof of illness before sick leave is granted. The Department Director may
also choose a licensed physician to conduct a physical examination at City expense. Any
Team Member who makes application for sick leave may be required by either the
Department Director or City Manager to file a certificate signed by a duly and regularly
licensed physician authorized to practice medicine or may be required to submit a
personal statement which states the Team Member was incapacitated from performing
the duties of the position for each day that sick leave is requested. Authority shall also be
given to the physician signing the certificate, to disclose to the City Manager or the
Department Director, information relating to sick leave. Sick leave shall be granted when
the application for sick leave is approved by the Department Director or the City
Manager.
9. Transfer of Sick Leave: New Team Members may bring with them /transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member shall provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of
employment or retirement (either disability or regular). A Team Member may not use sick leave
to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not
affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a
Team Member resigns or is dismissed will be forfeited.
ARTICLE 25: BEREAVEMENT LEAVE
In the event of the death of a member of a Team Member's immediate family (defined as spouse,
parent, step - parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law,
sister -in -law, brother -in -law, registered domestic partner or child of a registered domestic
partner), Team Members will be entitled to four (4) paid days off for bereavement leave per
incident.
ARTICLE 26: JURY LEAVE
Team Members required to serve on a jury will be entitled to their regular compensation for up to
80 hours provided that fees forjury service are deposited to the finance department.
ARTICLE 27: BILINGUAL PAY
The City will offer a bilingual pay program for eligible Team Members who consistently utilize
other languages to translate during the normal course of work. To qualify, Team Members must
pass the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and /or Mandarin. A maximum of three (3) positions per language per
site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites
(RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three
Team Members wish to apply for it, management will determine the top three (3) based upon
positional need. Once certified, Team Members shall receive a bilingual stipend of $75 per
month.
Any Team Member who is not certified by the City shall not be required to use a language other
than English. However, when a member of the public, requests assistance in a language other
than English, our Team Members shall make a reasonable effort to accommodate and assist in a
polite and professional manner.
ARTICLE 28: SNORT -TERM DISABILITY
The City will provide Team Members with a short-term disability plan to protect against cases
where a non- work - related illness or injury is sustained which results in an inability to work for a
short period of time. In these cases, Team Members will receive 66.67% of their base salary (1
year average of W -2) with a waiting period of 15 days. Team Members will receive continued
payment until the Team Member is medically able to return to work, or has to begin utilizing long
term disability, or until the Team Member reaches the age of 65, whichever comes first. The
maximum short-term disability benefit amount will be $1848 per week.
ARTICLE 29: LONG -TERM DISABILITY
The City will provide Team Members with a long -term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
long period of time. In these cases, Team Members will receive 66.67% of their base salary with
a 90 day waiting period. Team Member will receive continued payment until the Team Member
is medically able to return to work, or until the Team Member reaches the age of 65, whichever
comes first. The maximum long -term disability benefit amount will be $8,000 per month.
ARTICLE 30: LIFE INSURANCE
Team Members will receive an accidental death & dismemberment and life insurance policy of
$100,000.
ARTICLE 37: TUITION REIMBURSEMENT
The City will suspend the tuition reimbursement program for FY 2012 -2013. The City will revisit
the tuition reimbursement program for FY 2013 -2014 based upon the availability of funding.
ARTICLE 32: WELLNESS PROGRAM
The City will suspend the Wellness Program for FY 2012 -2013. The City will revisit the wellness
reimbursement program at $500 per year for FY 2013 -2014 based upon the availability of
funding.
ARTICLE 33: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full -time Team Members as outlined in the
Administrative Policy No. 30 -09 approved by the City Manager. Full -time Team Members are
eligible for this program after the completion of the probationary period.
ARTICLE 34: EMPLOYEE ASSISTANCE PROGRAM
The City will provide Team Members with access to the Employee Assistance Program (EAP).
ARTICLE 35: STAND -BY / CALL -BACK PAY
If a Team Member is on stand -by or on -call, he /she shall receive $100 per week with a minimum
of 3 hours of overtime regardless of the time of day or day of the week if required to report back
to work. In addition, call back pay shall commence upon the arrival of the Team Member at the
work site.
ARTICLE 36: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City will offer Team Members a flexible benefit plan which will allow individuals to pay for
certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax
dollars.
ARTICLE 37: DIRECT DEPOSIT
Team Members will be provided with an option to authorize the automatic deposit of each
paycheck into an individual's checking, savings or credit union account. Payroll checks will not
be issued in advance.
10
ROSEMEAD EMPLOYEES ASSOCIATION
BY:
ERICKA HERNANDEZ
REA REPRESENTATIVE
BY: �/' ,C /- ,fila,7
ARACEU GALINDO
REA REPRESENTATIVE
BY: X�&
MAR J IES
REA REPRES TATIVE
BY:
P IMON
REA REPRESENTATIVE
BY:
cv MAROu
R EPRESENTATIVE
BY: 6��:D
JANETTE ARIO
EPRESENTATIVE
BY:
JZQ6EqWE UKERAN
REA REPRESENTATIVE
11
CITY OF ROSEMEAD
MA HEW E. HAUKtSWORTH
ASSISTANT CITY MANAGER
Su TAN
HUMAN RESOURCES MANAGER
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS 2Z DAY
OF 12012
City of Rosemead
General Services
Salary Ranges and Job Classifications
Effective July 1, 2012
Administrative Assistant
$3,211
$4,345
Office Specialist
$2,636
$3,566
lAssistant to the City Clerk 1 $3,374 1 $4,565 1
Accounting Specialist
$2,909
$3,936
Accounting Specialist, Senior
$3,724
$5,039
Assistant Planner
$4,011
$5,426
Housing Project Coordinator
$4,319
$5,843
Parks and Recreation Minimum Maximum
Recreation Coordinator 1 $2,636 1 $3,566
Public Safety Minimum Maximum
Code Enforcement Officer
$3,292
$4,453
Public Safety Coordinator
$3,817
$5,165
Facilities Technician
$3,133
$4,239
Maintenance Lead Worker
$3,458
$4,679
Maintenance Worker
$2,702
$3,655
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: MAY 22, 2012
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH ROSEMEAD EMPLOYEE
ASSOCIATION AND ANNUAL SALARY AND BENEFITS
RESOLUTIONS
SUMMARY
The City Council will consider approval of a Memorandum of Understanding (MOU) with the
Rosemead Employee Association covering all General Service employees, and annual
Resolutions that detail the terms and conditions of employment for other full -time employees
and members of the City Council. Amendments to the MOU and the resolutions for full -time
employees include new language to establish an Amoeba Organization and Amoeba Flex
Weeks, decrease vacation buy -back; decrease auto allowance for Middle Management,
Professional, and Confidential service; and exclude disability policies for City Council. The
MOU and Resolutions will provide no merit increases, no salary range adjustments or increases
in employee benefits.
Staff Recommendation: Approve a Memorandum of Understanding with the Rosemead
Employee Association; adopt Resolution No. 2012 -28 for Middle Management,
Professional, and Confidential service; Adopt Resolution No. 2012 -29 for Management
Service; and adopt Resolution No. 2012 -30 for City Council.
BACKGROUND
The existing MOU with the Rosemead Employee Association (REA) will expire on June 30,
2012. Over the past several months, representatives of the REA and the City have negotiated
in good faith on the terms of a successor MOU. Some main features of the new two -year MOU
and salary and benefits resolutions include the following:
Amoeba Organization:
The City will become an "amoeba organization ". An amoeba is defined as a small single cell
organism that changes its shape in response to its environment. Rosemead will become a
small, fast - responding, organizationally nimble, customer - focused city with the capability to
make rapid and coordinated organizational changes to accomplish service delivery objectives.
We will emphasize a customer service culture within the organization where all full -time
employees function as "front line service- delivery" providers.
ITEM NUMBER:
City Council Meeting
May 22, 2012
Page 2 of 3
Amoeba Flex Weeks:
Based on economic or business necessity, all full -time employees will be required to work
special events with the ability to "flex" the hours to meet the human resources demands of the
City's special events which include:
• Lunar New Year Family Festival
• Community Yard Sale /Emergency Preparedness Fair
• Easter "Egg "stravaganza
• Memorial Day Service
• 4th of July Parade /Carnival /Fireworks Show
• Summer Concerts in the Park
• Fall Fiesta
• 9/11 Memorial Service
• Holiday Tree Lighting Ceremony
This condition shall exist in every week in which there is a special event. If an unscheduled
event arises, the City Manager has the authority to implement an Amoeba Flex Week. The
"flexing" of hours must fall within the same work period of the special event. Supervisors and
department directors shall have the authority to approve /deny or reschedule "flex" hours so that
appropriate staff coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours
worked up to ten (10) will be banked. Those banked hours must be used before the end of the
calendar year or they will be forfeited.
Compensation:
Merit increases or range adjustments will be suspended for the upcoming 2012 -2013 fiscal year.
Vacation Buyback:
Vacation Buyback has been reduced from 80 hours to 40 hours per fiscal year.
Wellness Program:
This program will be suspended for the upcoming 2012 -2013 fiscal year
Tuition Reimbursement:
This program will be suspended for the upcoming 2012 -2013 fiscal year.
Flexible Scheduling:
Any alternate workweek must be approved, in writing, by the City Manager.
Auto Allowance:
Auto allowance for Middle Management, Professional and Confidential Service designation has
been reduced from $500 to $300 per month.
Classification:
The Senior Code Enforcement Officer classification has been placed in the Middle
Management, Professional, and Confidential Service designation with an exempt status for Fair
Labor Standards Act (FLSA) purposes.
City Council Meeting
May 22, 2012
Page 3 of 3
City Council Resolution:
Deletion of $150 for the two (2) Rosemead Community Development Commission (RCDC)
meetings per month due to the elimination of the redevelopment agencies.
Exclusion from the disability policies (long term disability and short term disability) due to the
lack of required hours worked. The policy excludes members who do not meet the requirement
of working 40 hours per week.
FISCAL IMPACT
The total cost savings to implement the terms and conditions of the MOU and Resolutions is
$101,000 per year.
Submitted by:
Su Tan
Human Resources Manager
Attachment: Rosemead Employee Association Memorandum of Understanding 2012 -2014
Resolution 2012 -28 Middle Management, Professional, and Confidential
Resolution 2012 -29 Management Service
Resolution 2012 -30 City Council
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TABLE OF CONTENTS
ARTICLE 1.
PREAMBLE
ARTICLE 2.
RECOGNITION & EFFECTIVE DATES
ARTICLE 3.
CONSTITUTIONALITY
ARTICLE 4.
IMPLEMENTATION
ARTICLE 5.
NON- DISCRIMINATION
ARTICLE 6.
GENDER
ARTICLE 7.
TERMS
ARTICLE 8.
COMPENSATION
ARTICLE 9.
HEALTH INSURANCE PROVIDER
ARTICLE 10.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 11.
RETIREMENT HEALTH PLAN
ARTICLE 12.
RETIREMENT PROGRAM (PERS)
ARTICLE 13.
ENHANCED RETIREMENT PROGRAM (PARS)
ARTICLE 14.
DEFERRED COMPENSATION PROGRAM
ARTICLE 15.
VACATION ACCRUAL AND ACCRUAL CAP
ARTICLE 16.
VACATION BUYBACK
ARTICLE 17.
CITY- RECOGNIZED HOLIDAYS
ARTICLE 18.
HOLIDAY PAY
ARTICLE 19.
FLOATING HOLIDAYS
ARTICLE 20.
OVERTIME / COMPENSATORY TIME
ARTICLE 21.
FLEXIBLE SCHEDULING
ARTICLE 22.
SICK LEAVE
ARTICLE 23.
BEREAVEMENT LEAVE
ARTICLE 24.
.JURY LEAVE
ARTICLE 25.
BILINGUAL PAY
ARTICLE 26.
SHORT -TERM DISABILITY
ARTICLE 27.
LONG -TERM DISABILITY
ARTICLE 28.
LIFE INSURANCE
ARTICLE 29.
TUITION REIMBURSEMENT
ARTICLE 30.
WELLNESS PROGRAM
ARTICLE 31.
COMPUTER PURCHASE PROGRAM
ARTICLE 32.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
ARTICLE 33.
STAND -BY / CALL -BACK PAY
ARTICLE 34.
FLEXIBLE BENEFIT PLAN (SECTION 125)
ARTICLE 35.
DIRECT DEPOSIT PAYROLL
ARTICLE 36.
MISCELLANEOUS COMMITMENTS
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious
relations, cooperation and communication between the City and the Rosemead Employee
Association. As a result of good faith negotiations between City and Association representatives,
this Memorandum of Understanding sets forth the Agreement regarding wages, hours and other
terms and conditions of employment for Team Members covered by this Memorandum. This
Memorandum provides for an orderly, means of resolving differences which may arise from time
to time during its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This Memorandum of Understanding is made and entered into between the City of Rosemead,
herein referred to as the "City" and the representatives of the Rosemead Employee Association,
herein referred to as the "Association'. Full consideration has been given to salaries, Team
Member benefits, and other terms and conditions of employment. Pursuant to the provisions of
Section 3505.1 of the Government Code of the State of California, said parties agree to this
Memorandum of Understanding effective July 1, 2011 upon approval of the City Council.
This Memorandum of Understanding shall become effective July 1, 2011 and will continue in
effect until June 30, 2012. The Rosemead Employee Association shall be officially recognized as
the representative body for all full -time Team Members of the City of Rosemead. This
Memorandum of Understanding represents the full and complete understanding between the
parties related to the subject matter set forth herein and all preliminary negotiations of whatever
kind or nature are merged herein.
Full -time Team Members in the following classifications are covered by this agreement:
Accounting Specialist
Housing Project Coordinator
Accounting Specialist, Senior
Maintenance Worker
Administrative Assistant
Maintenance Lead Worker
Assistant Planner
Office Specialist
Assistant to the City Clerk
Public Information Officer
Code Enforcement Officer
Public Safety Coordinator
Code Enforcement Officer, Senior
Recreation Coordinator
Facilities T
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the Team Members of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Association nor the City shall discriminate against any Team Member
because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex
(including gender identity) disability (physical or mental), sexual orientation, marital status,
pregnancy, child birth or related medical condition, or any other legally protected characteristics.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
ARTICLE 7: TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this Memorandum of Understanding shall
be effective upon ratification by the City Council effective July 1, 2011 and ending June 30, 2012.
ARTICLE 8: COMPENSATION SALARY RANGE ADJUSTMENTS BASED ON LABOR MARKET COMPARISONS
A basic tenet of the compensation system is that the City will not provide annual across - the -board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the survey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent ( +/ -5 %)
constitutes a "competitive position' in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification -by- classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid -point base pay of the survey cities. The selected pay range will then be reduced by
five percent (5 %) in recognition of the City's rich benefits allowance and the principle that +/ -5%
of the average constitutes a "competitive" position in the labor market. On an annual basis, the
non - benchmark to benchmark linkages will be reviewed.
If a Team Member's base salary is below the adjusted minimum salary range of his /her
classification, his /her salary will be adjusted to the minimum salary range in the range for that
classification. No range adjustments will be implemented for FY 2011.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a two -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; and /or 2) full contract city status in eastern Los Angeles
County. The following cities will be surveyed on a periodic basis for comparison purposes:
Alhambra
La Mirada
San Dimas
Commerce
La Puente
San Gabriel
Diamond Bar
Montebello
South El Monte
Duarte
Monterey Park
Temple City
El Monte
Paramount
Lakewood
Pico Rivera
TEAM MEMBER SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE
The City's pay- for - performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his /her annual performance evaluation. All Team Member salary
increases, within the salary range, will be based on merit through the annual performance
evaluations. Based on the Team Member's performance score on his /her performance
evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed
five percent (5 %).
2
Team Member salaries may not exceed the maximum salary range within his /her respective job
classification. Current Team Members whose salaries exceed the maximum salary range for
his /her job classification will be y -rated (frozen) and will not receive any merit increases until the
salary ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2010, all full -time Team Members will be part of the 0 % -5% Merit Based
Compensation System. All Team Member salary increases, within the salary range, will be based
on merit through the annual performance evaluations. Based on the Team Member's
performance score on his /her performance evaluation, a Team Member will be eligible for a merit
increase. Merit increases may not exceed five percent (5 %). In addition, Team Member salaries
may not exceed the maximum salary range within his /her respective job classification. The
following is the performance rating categories and percentage increases that a Team Member
may be eligible for based upon funding:
Unsatisfactory
0%
Needs Development
0%
Meets Expectations
2%-3%
Exceed Expectations
4%
Substantially Exceeds Expectations
5%
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City shall contract with CaIPERS to serve as the health insurance provider for the City of
Rosemead.
ARTICLE 10: CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
Beginning July 1, 2008, the City will provide each full -time Team Member with $1,600 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long -term care, or long-
term saving program. Team Members can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance through another source.
ARTICLE 11: RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 /
month will be given to pay for health care benefits for the duration of their retirement. If the health
insurance program selected by the Team Member costs more than $1,000 / month, the City will
only cover the first $1,000 / month of the cost of the selected program. Once the Team Member
reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to
Medicare coverage, with the City picking up the remaining cost of health insurance coverage up
to a maximum of $1,000 / month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will
be given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500 / month, the City will only cover the
first $500 / month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
3
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and / or any eligible dependent.
Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with
public employees' retirement laws and CalPERS.
ARTICLE 12: RETIREMENT PROGRAM (PERS)
Team Members will be enrolled in the City's retirement program through CalPERS. Effective July
1, 2007, the City will begin providing the 2.7 % @55 benefit with one -year final compensation
option with no cap. In addition, the City will continue to contribute the Team Member's share to
the retirement system.
Effective July 1, 2010, the City will implement a 2 -tier system with changes for new hires only. All
full -time new hires will be at the 2 % @55 formula with one -year final compensation option. All
existing full -time Team Members hired prior to July 1, 2010 will remain at the 2.7 @55 formula.
ARTICLE 13: ENHANCED RETIREMENT PROGRAM (PARS)
The City will continue offering an enhanced retirement package through PARS for all existing
Team Members hired prior to July 1, 2010. Full -time Team Members who retire from Rosemead
after working 20 years for the City will have their pension formula enhanced to 3 % @55, with the
provision that the maximum pension allowance that Team Member's can accrue through PARS
will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay.
Team Members must be at least 55 years of age to qualify for PARS.
Effective July 1. 2010, the enhanced retirement package through PARS will no longer be offered
to full -time new hires The PARS enhancement will be phased out.
ARTICLE 14: DEFERRED COMPENSATION PROGRAM
For all full -time Team Members, the City will set -up and begin contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula will be as follows:
0 — 4 Years: 1% of salary contributed into a deferred compensation account.
• 5 — 9 Years: 2% of salary contributed to a deferred compensation account.
10 — 14 Years: 3% of salary contributed to a deferred compensation account.
• 15 — 19 Years: 4% of salary contributed to a deferred compensation account.
• 20+ Years: 5% of salary contributed to a deferred compensation account.
Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for
all new full -time Team Members.
ARTICLE 15: VACATION ACCRUAL AND ACCRUAL CAP
Full -time team members shall receive vacation accruals as follows:
All full -time Team Members will accrue 100 hours of vacation leave during their first year of
service. 140 hours will be accrued for Team Members with one year of service, up to (but not
over) 13 years. For Team Members with over 13 years of service (13 +) the accrual rate is 160
Years of Service
Hours /Pay Period
Hours /Year
Days/Year
Up to year 1
3.85
100
10
Year 1 — Year 13
5.38
140
14
13+
6.15
160
16
All full -time Team Members will accrue 100 hours of vacation leave during their first year of
service. 140 hours will be accrued for Team Members with one year of service, up to (but not
over) 13 years. For Team Members with over 13 years of service (13 +) the accrual rate is 160
hours. Team members will cease to accrue vacation hours when in any pay period they exceed
two times their annual accrual as determined by their anniversary date.
All full -time Team Members will be entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
ARTICLE 16: VACATION BUYBACK
In order to encourage team members to take regular vacations on an annual basis and to partially
limit the growth of the City's long -term liability of team member accrued vacation hours upon
separation of employment, the City has established the following criteria for vacation buyback.
Once per calendar year, a full -time Team Member will be eligible to have the City buyback up to
80 hours (2 weeks) of accumulated unused vacation time. Effective July 1, 2011, the City will
establish two (2) vacation banks as follows:
Bank 1: Vacation earned /accrued until June 30, 2011 (existing balance)
Bank 2: Vacation earned /accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all team members must utilize Bank 1 prior to utilizing
Bank 2. However, if there are no hours accrued in Bank 1, team members may utilize Bank 2.
ARTICLE 17: CITY- RECOGNIZED HOLIDAYS
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1 ")
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 4t)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 11th)
8. Thanksgiving Day
9. Christmas Day (December 25th)
Non - essential City services and facilities will be closed from Christmas to New Year's Day. If the
Team Member elects to take the non - holidays off, he /she will be required to utilize his /her own
time.
If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the
preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the
following Monday.
ARTICLE 18: HOLIDAY PAY
Full -time non - exempt Team Members will receive straight time for the holiday plus 1'/ time for
hours worked on the holiday.
ARTICLE 19: FLOATING HOLIDAYS
Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited.
ARTICLE 20: OVERTIME / COMPENSATORY TIME
Beginning on July 1, 2007, compensatory time -off (CTO) will no longer be provided to any Team
Member. Instead, non - exempt Team Members that work overtime shall be paid for those
overtime hours at a rate of 1.5 times their regular pay rate.
Those Team Members that have accrued CTO prior to July 1, 2007 shall be allowed to keep
those hours. Use of CTO earned shall be granted so that it does not unduly disrupt the
operations of the City. Terminating Team Members shall be compensated for accrued
compensatory hours. Furthermore, Team Members who have accrued CTO may elect to buy
back to the City any hours of CTO per year. Said sell back shall take place during the second
pay period in December of each year and will be paid at the Team Member's hourly rate at the
time the CTO is sold back to the City. In addition, accrued CTO for any terminating Team
Member will be paid out at the Team Member's hourly rate at the time of termination.
Any existing full -time Team Members who were eligible for administrative leave entitlements prior
to July 1, 2010 under the terms of the Administrative Leave clause specified in Resolutions will
continue to be eligible for said entitlements.
ARTICLE 21: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged given Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
shall require approval of the City Manager.
ARTICLE 22: SICK LEAVE
A full -time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non - service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
1. Amount Earned: All full -time, regular or probationary Team Members of the City shall
accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing
on the first day of employment as a probationary Team Member, and accrued on a bi-
weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick
leave with pay per year.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase up to one (1) additional year of service time from CaIPERS. Any other
sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily,
will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein shall continue only during the period that the Team Member is
employed by the City. Al benefits hereunder shall terminate upon the Team Member
leaving City service. A Team Member on military leave shall not be granted sick leave
during the military leave period. Team Members are not eligible to utilize sick leave
benefits within the first thirty (30) days of employment.
Sick leave is not a leave which a Team Member may use at his /her discretion, but shall
be allowed only in cases of actual sickness or disability which make it impossible or
inadvisable for the Team Member to perform normal work assignments /functions. Sick
leave may be utilized for dental or medical appointments, medical assessments and /or
due to a serious illness in the immediate family. The City Manager /Department Head
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his /her direct
supervisor or Department, the Team Member may be dismissed from City service for
being absent without official leave. Any abuse of sick leave usage shall be grounds for
disciplinary action up to and including dismissal.
10
4. Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his /her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability shall notify the appropriate Department Director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before the start of his /her regular shift when prior notice cannot be given.
Sick Leave Authorized Due to Illness in Family: A Team Member shall be allowed sick
leave due to serious illness in the immediate family. The definition of "family" defined
under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a
serious illness in the immediate family, a certificate of such illness and the need for the
Team Member's absence by the acceptable medical authority may be required by the
Department Director. In such case, the Team Member must be able to produce a
verifying certification upon request by management.
Return to Work Following Illness: The Department Director may require a Team Member
to submit to a medical and /or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member shall be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for time while absent from duty on
sick leave, the Team Member must make every good faith effort to notify his /her
immediate supervisor prior to the start of the Team Member's work day. The Department
Director may request, for cause, a certificate issued by a licenses physician or other
satisfactory proof of illness before sick leave is granted. The Department Director may
also choose a licensed physician to conduct a physical examination at City expense. Any
Team Member who makes application for sick leave may be required by either the
Department Director or City Manager to file a certificate signed by a duly and regularly
licensed physician authorized to practice medicine or may be required to submit a
personal statement which states the Team Member was incapacitated from performing
the duties of the position for each day that sick leave is requested. Authority shall also be
given for the physician signing the certificate, to disclose to the City Manager or the
Department Director, information relating to sick leave. Sick leave shall be granted when
the application for sick leave is approved by the Department Director or the City
Manager.
9. Transfer of Sick Leave: New Team Members may bring with them /transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member shall provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of
employment or retirement (either disability or regular). A Team Member may not use sick leave
to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not
affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a
Team Member resigns or is dismissed will be forfeited.
7
ARTICLE 23: BEREAVEMENT LEAVE
In the event of the death of a member of a Team Member's immediate family (defined as spouse,
parent, step - parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law,
sister -in -law, brother -in -law, registered domestic partner or child of a registered domestic
partner), Team Members will be entitled to four (4) paid days off for bereavement leave per
incident.
ARTICLE 24: JURY LEAVE
Team Members required to serve on a jury will be entitled to their regular compensation for up to
80 hours provided that fees for jury service are deposit with the finance department.
ARTICLE 25: BILINGUAL PAY
The City will offer a bilingual pay program for eligible Team Members who consistently utilize
other languages to translate during the normal course of work. To qualify, Team Members must
pass the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and /or Mandarin. A maximum of three (3) positions per language per
site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites
(RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three
Team Members wish to apply for it, management will determine the top three (3) based upon
positional need. Once certified, Team Members shall receive a bilingual stipend of $75 per
month.
Any Team Member who is not certified by the City shall not be required to use a language other
than English. However, when a member of the public, requests assistance in a language other
than English, our Team Members shall make a reasonable effort to accommodate and assist in a
polite and professional manner.
ARTICLE 26: SHORT -TERM DISABILITY
The City will provide Team Members with a short -term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
short period of time. In these cases, Team Members will receive 66.67% of their base salary (1
year average of W -2) with a waiting period of 15 days. Team Members will receive continued
payment until the Team Member is medically able to return to work, or has to begin utilizing long
term disability, or until the Team Member reaches the age of 65, whichever comes first. The
maximum short -term disability benefit amount will be $1848 per week.
ARTICLE 27: LONG -TERM DISABILITY
The City will provide Team Members with a long -term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
long period of time. In these cases, Team Members will receive 66.67% of their base salary with
a 90 day waiting period. Team Member will receive continued payment until the Team Member
is medically able to return to work, or until the Team Member reaches the age of 65, whichever
comes first. The maximum long -term disability benefit amount will be $8,000 per month.
ARTICLE 28: LIFE INSURANCE
Team Members will receive an accidental death & dismemberment and life insurance policy of
$100,000.
ARTICLE 29: TUITION REIMBURSEMENT
The City will suspend the tuition reimbursement program for FY 2011 -2012. The City will revisit
the tuition reimbursement program for FY 2012 -2013 based upon the availability of funding and
the possible creation of a reimbursement pool.
ARTICLE 30: WELLNESS PROGRAM
The City will suspend the Wellness Program for FY 2011 -2012. The City will revisit the wellness
reimbursement program at $500 per year for FY 2012 -2013 based upon the availability of
funding.
ARTICLE 31: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full -time Team Members as outlined in the
Administrative Policy No. 30 -09 approved by the City Manager. Full -time Team Members are
eligible for this program after the completion of the probationary period.
ARTICLE 32: EMPLOYEE ASSISTANCE PROGRAM
The City will provide Team Members with access to the Employee Assistance Program (EAP).
ARTICLE 33: STAND -BY / CALL -BACK PAY
If a Team Member is on stand -by or on -call, he /she shall receive $100 per week with a minimum
of 3 hours of overtime regardless of the time of day or day of the week if required to report back
to work. In addition, call back pay shall commence upon the arrival of the Team Member at the
work site.
ARTICLE 34: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City will offer Team Members a flexible benefit plan which will allow individuals to pay for
certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax
dollars.
ARTICLE 35: DIRECT DEPOSIT
Team Members will be provided with an option to authorize the automatic deposit of each
paycheck into an individual's checking, savings or credit union account. Payroll checks will not
be issued in advance.
ARTICLE 36: MISCELLANEOUS COMMITMENTS
The City commits to the following miscellaneous activities during the 2011 -2012 fiscal years:
Create formalized Administrative Policies.
® Update Employer — Employee Relationship Resolution No. 96 -38.
• The City will survey all benchmark classifications annually to determine the market
midpoint.
City of Rosemead
General Services
Salary Ranges and Job Classifications
Effective July 1, 2011
Administrative Assistant
$3,211
$4,345
Office Specialist
$2,636
$3,566
Administration i Minimum Maximum!
Assistant to the City Clerk
$3,374
$4,565
Public Information Officer
$5,134
$6,946
Public Safety Coordinator
$3,817
$5,165
Accounting Specialist
$2,909
$3,936
Accounting Specialist, Senior
$3,724
$5,039
Assistant Planner
$4,011
$5,426
Housing Project Coordinator
$4,319
$5,843
Recreation Coordinator $2,636 $3,566
Public Safety Minimum Maximum
Code Enforcement Officer
$3,292
$4,453
Code Enforcement Offcer, Senior
$3,817
$5,165
Public Safety Coordinator
$3,817
$5,165
Facilities Technician
$3,133
$4,239
Maintenance Lead Worker
$3,458
$4,679
Maintenance Worker
$2,702
$3,655
ROSEMEAD EMPLOYEES ASSOCIATION CITY OF ROSEMEAD
BY: BY:
ERICKA HERNANDEZ JEFF ALLRED
REA REPRESENTATIVE CITY MANAGE
BY: /,&, -) Li
COLLEEN ISHIBASHI
REA REPRESENTATIVE
BY: V4 .__._
MARTIN J NES
REA REPRESENTATIVE
BY: C)��iz , 4�=
J} I MY LIMON
REA REPRESENTATIVE
m
m
r�I��ETTE VI�ICARIO
REPRESENTATIVE
BY: zaa
JACQUELINE ZUKERAN
REA REPRESENTATIVE
10
Nd ,r
MA THEW E. FV VKESWORTH
ASSISTANT Y MANAGER
SU TAN
HUMAN RESOURCES MANAGER
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS DAY
OF D �� 2011
THE CITY OF ROSEMEAD
I
THE ROSEMEAD EMPLOYEE ASSOCIATION
G
M
MEMORANDUM OF UNDERSTANDING
JULY 11 2010 THROUGH .DUNE 30, 2012
TABLE OF CONTENTS
ARTICLE 1.
PREAMBLE
ARTICLE 2.
RECOGNITION & EFFECTIVE DATES
ARTICLE 3.
CONSTITUTIONALITY
ARTICLE 4.
IMPLEMENTATION
ARTICLE 5.
NON - DISCRIMINATION
ARTICLE 6.
GENDER
ARTICLE 7.
TERMS
ARTICLE 8.
COMPENSATION
ARTICLE 9.
HEALTH CARE PROVIDER
ARTICLE 10.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 11.
RETIREMENT HEALTH PLAN
ARTICLE 12.
RETIREMENT PROGRAM (PERS)
ARTICLE 13.
ENHANCED RETIREMENT PROGRAM (PARS)
ARTICLE 14.
DEFERRED COMPENSATION PROGRAM
ARTICLE 15.
VACATION LEAVE
ARTICLE 16.
VACATION BUYBACK
ARTICLE 17.
CITY- RECOGNIZED HOLIDAYS
ARTICLE 18.
HOLIDAY PAY
ARTICLE 19.
FLOATING HOLIDAYS
ARTICLE 20.
OVERTIME / COMPENSATORY TIME
ARTICLE 21.
FLEXIBLE SCHEDULING
ARTICLE 22.
SICK LEAVE
ARTICLE 23.
BEREAVEMENT LEAVE
ARTICLE 24.
JURY LEAVE
ARTICLE 25.
BILINGUAL PAY
ARTICLE 26.
SHORT -TERM DISABILITY
ARTICLE 27.
LONG -TERM DISABILITY
ARTICLE 28.
LIFE INSURANCE
ARTICLE 29.
TUITION REIMBURSEMENT
ARTICLE 30.
WELLNESS PROGRAM
ARTICLE 31.
COMPUTER PURCHASE PROGRAM
ARTICLE 32.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
ARTICLE 33.
STAND -BY / CALL -BACK PAY
ARTICLE 34.
FLEXIBLE BENEFIT PLAN (SECTION 125)
ARTICLE 35.
DIRECT DEPOSIT PAYROLL
ARTICLE 36.
MISCELLANEOUS COMMITMENTS
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious
relations, cooperation and communication between the City and the Rosemead Employee
Association. As a result of good faith negotiations between City and Association representatives,
this Memorandum of Understanding sets forth the Agreement regarding wages, hours and other
terms and conditions of employment for Team Members covered by this Memorandum. This
Memorandum provides for an orderly, means of resolving differences which may arise from time
to time during its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This Memorandum of Understanding is made and entered into between the City of Rosemead,
herein referred to as the "City" and the representatives of the Rosemead Employee Association,
herein referred to as the "Association'. Full consideration has been given to salaries, Team
Member benefits, and other terms and conditions of employment. Pursuant to the provisions of
Section 3505.1 of the Government Code of the State of California, said parties agree to this
Memorandum of Understanding effective July 1, 2010 upon approval of the City Council.
This Memorandum of Understanding shall become effective July 1, 2010 and will continue in
effect until June 30, 2012. The Rosemead Employee Association shall be officially recognized as
the representative body for all full -time Team Members of the City of Rosemead. This
Memorandum of Understanding represents the full and complete understanding between the
parties related to the subject matter set forth herein and all preliminary negotiations of whatever
kind or nature are merged herein.
Full -time Team Members in the following classifications are covered by this agreement:
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the Team Members of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Association nor the City shall discriminate against any Team Member
because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex
Accounting Specialist
Housing Project Coordinator
Accounting Specialist, Senior
Maintenance Worker
Administrative Assistant
Maintenance Lead Worker
Assistant Planner
Office Specialist
Assistant to the City Clerk
Public Information Officer
Code Enforcement Officer
Public Safety Coordinator
Code Enforcement Officer, Senior
Recreation Coordinator
Facilities Technician
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the Team Members of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Association nor the City shall discriminate against any Team Member
because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex
(including gender identity) disability (physical or mental), sexual orientation, marital status,
pregnancy, child birth or related medical condition, or any other legally protected characteristics.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
ARTICLE 7: TERMS
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment and it is mutually agreed that this Memorandum of Understanding shall
be effective upon ratification by the City Council effective July 1, 2010 and ending June 30, 2012.
A basic tenet of the compensation system is that the City will not provide annual across - the -board
"cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to the
"target" of 95% of the average prevailing wage rates for similar occupations in the survey cities,
provided that the City has the financial budgeted resources to do so. (Salary range adjustments
will not result in automatic salary increases for Team Members unless the Team Member's salary
rate is below the bottom of the salary range). This target of 95% of the average is based on the
professionally recognized principle that a deviation of plus or minus five percent ( +/ -5 %)
constitutes a "competitive position" in the labor market. This is particularly true when total
compensation and benefit variations are taken into account. Such determinations on salary
range adjustments would be made on a classification -by- classification basis as dictated by labor
market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid -point base pay of the survey cities. The selected pay range will then be reduced by
five percent (5 %) in recognition of the City's rich benefits allowance and the principle that +/ -5%
of the average constitutes a "competitive" position in the labor market. On an annual basis, the
non - benchmark to benchmark linkages will be reviewed.
If a Team Member's base salary is below the adjusted minimum salary range of his /her
classification, his /her salary will be adjusted to the minimum salary range in the range for that
classification. The range adjustments will be made during a two year implementation period (FY
2010- 2011 and FY 2011 - 2012). The first half of the total adjustment will be made on July 1,
2010. The remaining balance will be phased in on July 1, 2011.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a two -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; and /or 2) full contract city status in eastern Los Angeles
County. The following cities will be surveyed on a periodic basis for comparison purposes:
Alhambra
La Mirada
San Dimas
Commerce
La Puente
San Gabriel
Diamond Bar
Montebello
South El Monte
Duarte
Monterey Park
Temple City
El Monte
Paramount
Lakewood
Pico Rivera
The City's pay- for - performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his /her annual performance evaluation. All Team Member salary
increases, within the salary range, will be based on merit through the annual performance
evaluations. Based on the Team Member's performance score on his /her performance
evaluation, a Team Member will be eligible for a merit increase. Merit increases may not exceed
five percent (5 %).
Team Member salaries may not exceed the maximum salary range within his /her respective job
classification. Current Team Members whose salaries exceed the maximum salary range for
his /her job classification will be y -rated (frozen) and will not receive any merit increases until the
salary ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2010, all full -time Team Members will be part of the 0 % -5% Merit Based
Compensation System. All Team Member salary increases, within the salary range, will be based
on merit through the annual performance evaluations. Based on the Team Member's
performance score on his /her performance evaluation, a Team Member will be eligible for a merit
increase. Merit increases may not exceed five percent (5 %). In addition, Team Member salaries
may not exceed the maximum salary range within his /her respective job classification. The
following is the performance rating categories and percentage increases that a Team Member
may be eligible for based upon funding:
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Unsatisfacto
0%
Needs Development
0%
Meets Expectations
2%-3%
Exceed Expectations
4%
Substantially Exceeds Expectations
5%
ARTICLE 9: HEALTH INSURANCE PROVIDER
The City shall contract with CalPERS to serve as the health insurance provider for the City of
Rosemead.
Beginning July 1, 2008, the City will provide each full -time Team Member with $1,600 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can be put into a deferred compensation plan, taken as a taxable cash
disbursement, or used for the purchase of any City sponsored insurance, long -term care, or long-
term saving program. Team Members can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance through another source.
ARTICLE 11: RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 /
month will be given to pay for health care benefits for the duration of their retirement. If the health
insurance program selected by the Team Member costs more than $1,000 / month, the City will
only cover the first $1,000 / month of the cost of the selected program. Once the Team Member
reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to
Medicare coverage, with the City picking up the remaining cost of health insurance coverage up
to a maximum of $1,000 / month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will
be given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500 / month, the City will only cover the
first $500 / month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and / or any eligible dependent.
Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with
public employees' retirement laws and CalPERS.
ARTICLE 12: RETIREMENT PROGRAM (PERS)
Team Members will be enrolled in the City's retirement program through CalPERS. Effective July
1, 2007, the City will begin providing the 2.7 % @55 benefit with one -year final compensation
option with no cap. In addition, the City will continue to contribute the Team Member's share to
the retirement system.
Effective July 1, 2010, the City will implement a 2 -tier system with changes for new hires only. All
full -time new hires will be at the 2 % @55 formula with one -year final compensation option. All
existing full -time Team Members hired prior to July 1, 2010 will remain at the 2.7 @55 formula.
ARTICLE 13: ENHANCED RETIREMENT PROGRAM (PARS)
The City will continue offering an enhanced retirement package through PARS for all existing
Team Members hired prior to July 1, 2010. Full -time Team Members who retire from Rosemead
after working 20 years for the City will have their pension formula enhanced to 3 % @55, with the
provision that the maximum pension allowance that Team Member's can accrue through PARS
will be 90% of their final pay. The PARS retirement pension is limited to 90% of their final pay.
Team Members must be at least 55 years of age to qualify for PARS.
Effective July 1. 2010, the enhanced retirement package through PARS will no longer be offered
to full -time new hires The PARS enhancement will be phased out.
ARTICLE 14: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM
For all full -time Team Members, the City will set -up and begin contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula will be as follows:
• 0 — 4 Years: 1 % of salary contributed into a deferred compensation account.
• 5 — 9 Years: 2% of salary contributed to a deferred compensation account.
• 10 — 14 Years: 3% of salary contributed to a deferred compensation account.
• 15 — 19 Years: 4% of salary contributed to a deferred compensation account.
• 20+ Years: 5% of salary contributed to a deferred compensation account.
Effective July 1, 2010, the employer funded deferred compensation program will be eliminated for
all new full -time Team Members.
ARTICLE 15: VACATION LEAVE
All full -time Team Members will be entitled to a paid vacation of 100 hours (10 days) following
one year of employment. Team Members may begin taking accrued vacation after six months of
employment. From the second year of employment until completion of the thirteenth year, Team
Members will be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth
year, and every year thereafter, Team Members will be entitled to 160 hours (16 days) of
vacation.
ARTICLE 16: VACATION BUYBACK
A full -time Team Member who takes 40 consecutive hours of vacation will be eligible to have the
City buyback up to 80 hours of accumulated unused vacation time in conjunction with his /her
vacation.
ARTICLE 17: CITY- RECOGNIZED HOLIDAYS '
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1 :t)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 4th)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 11 ")
8. Thanksgiving Day
9. Christmas Day (December 25th)
Non - essential City services and facilities will be closed from Christmas to New Year's Day. If the
Team Member elects to take the non - holidays off, he /she will be required to utilize his /her own
time.
If a holiday is to fall on a Friday or Saturday, Team Members will observe that holiday on the
preceding Thursday. If the holiday is to fall on a Sunday, Team Members will observe on the
following Monday.
ARTICLE 18: HOLIDAY PAY
Full -time non - exempt Team Members will receive straight time for the holiday plus 11/2 time for
hours worked on the holiday.
ARTICLE 19: FLOATING HOLIDAYS
Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited.
ARTICLE 20: OVERTIME / COMPENSATORY TIME
Beginning on July 1, 2007, compensatory time -off (CTO) will no longer be provided to any Team
Member. Instead, non - exempt Team Members that work overtime shall be paid for those
overtime hours at a rate of 1.5 times their regular pay rate.
Those Team Members that have accrued CTO prior to July 1, 2007 shall be allowed to keep
those hours. Use of CTO earned shall be granted so that it does not unduly disrupt the
operations of the City. Terminating Team Members shall be compensated for accrued
compensatory hours. Furthermore, Team Members who have accrued CTO may elect to buy
back to the City any hours of CTO per year. Said sell back shall take place during the second
pay period in December of each year and will be paid at the Team Member's hourly rate at the
time the CTO is sold back to the City. In addition, accrued CTO for any terminating Team
Member will be paid out at the Team Member's hourly rate at the time of termination.
Any existing full -time Team Members who were eligible for administrative leave entitlements prior
to July 1, 2010 under the terms of the Administrative Leave clause specified in Resolutions will
continue to be eligible for said entitlements.
ARTICLE 21: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged given Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
shall require approval of the City Manager.
ME
ARTICLE 22: SICK LEAVE
A full -time Team Member who is incapacitated from the performance of such Team Member's
duties by reason of a non - service related illness or injury, pregnancy, legal requirements of public
health officials or for reasons specified in the Family and Medical Leave (FMLA) are eligible for
sick leave.
1. Amount Earned: All full -time, regular or probationary Team Members of the City shall
accrue ten (10) hours of sick leave per month. Sick leave shall be earned, commencing
on the first day of employment as a probationary Team Member, and accrued on a bi-
weekly basis. Team Members may accumulate up to a maximum of 120 hours of sick
leave with pay per year.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase up to one (1) additional year of service time from CaIPERS. Any other
sick leave balance or if the Team Member leaves employment, voluntarily or involuntarily,
will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein shall continue only during the period that the Team Member is
employed by the City. All benefits hereunder shall terminate upon the Team Member
leaving City service. A Team Member on military leave shall not be granted sick leave
during the military leave period. Team Members are not eligible to utilize sick leave
benefits within the first thirty (30) days of employment.
Sick leave is not a leave which a Team Member may use at his /her discretion, but shall
be allowed only in cases of actual sickness or disability which make it impossible or
inadvisable for the Team Member to perform normal work assignments /functions. Sick
leave may be utilized for dental or medical appointments, medical assessments and /or
due to a serious illness in the immediate family. The City Manager /Department Head
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his /her direct
supervisor or Department, the Team Member may be dismissed from City service for
being absent without official leave. Any abuse of sick leave usage shall be grounds for
disciplinary action up to and including dismissal.
Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his /her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of sickness
or other physical disability shall notify the appropriate Department Director or immediate
supervisor at least one (1) day prior to such absence if circumstances permit, or within
one (1) hour before the start of his /her regular shift when prior notice cannot be given.
6. Sick Leave Authorized Due to Illness in Family: A Team Member shall be allowed sick
leave due to serious illness in the immediate family. The definition of "family" defined
under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a
serious illness in the immediate family, a certificate of such illness and the need for the
Team Member's absence by the acceptable medical authority may be required by the
Department Director. In such case, the Team Member must be able to produce a
verifying certification upon request by management.
Return to Work Following Illness: The Department Director may require a Team Member
to submit to a medical and /or psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member shall be placed on sick leave, or leave
without pay after all sick leave has been used, until adequate medical evidence is
submitted that the Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for time while absent from duty on
sick leave, the Team Member must make every good faith effort to notify his /her
immediate supervisor prior to the start of the Team Member's work day. The Department
Director may request, for cause, a certificate issued by a licenses physician or other
satisfactory proof of illness before sick leave is granted. The Department Director may
also choose a licensed physician to conduct a physical examination at City expense. Any
Team Member who makes application for sick leave may be required by either the
Department Director or City Manager to file a certificate signed by a duly and regularly
licensed physician authorized to practice medicine or may be required to submit a
personal statement which states the Team Member was incapacitated from performing
the duties of the position for each day that sick leave is requested. Authority shall also be
given for the physician signing the certificate, to disclose to the City Manager or the
Department Director, information relating to sick leave. Sick leave shall be granted when
the application for sick leave is approved by the Department Director or the City
Manager.
9. Transfer of Sick Leave: New Team Members may bring with them /transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member shall provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member shall not receive payment for unused accumulated sick leave upon dismissal of
employment or retirement (either disability or regular). A Team Member may not use sick leave
to extend a retirement (either disability or regular) or dismissal date. This prohibition shall not
affect a Team Member's right to obtain sick leave credit with PERS. Any other balances or if a
Team Member resigns or is dismissed will be forfeited.
ARTICLE 23: BEREAVEMENT LEAVE
In the event of the death of a member of a Team Member's immediate family (defined as spouse,
parent, step - parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law,
sister -in -law, brother -in -law, registered domestic partner or child of a registered domestic
partner), Team Members will be entitled to four (4) paid days off for bereavement leave per
incident.
ARTICLE 24: JURY LEAVE
Team Members required to serve on a jury will be entitled to their regular compensation for up to
80 hours provided that fees for jury service are deposit with the finance department.
ARTICLE 25: BILINGUAL PAY
The City will offer a bilingual pay program for eligible Team Members who consistently utilize
other languages to translate during the normal course of work. To qualify, Team Members must
pass the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and /or Mandarin. A maximum of three (3) positions per language per
site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites
(RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three
Team Members wish to apply for it, management will determine the top three (3) based upon
positional need. Once, certified, Team Members shall receive a bilingual stipend of $75 per
month.
Any Team Member who is not certified by the City shall not be required to use a language other
than English. However, when a member of the public, requests assistance in a language other
than English, our Team Members shall make a reasonable effort to accommodate and assist in a
polite and professional manner.
ARTICLE 26: SHORT -TERM DISABILITY
The City will provide Team Members with a short-term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
short period of time. In these cases, Team Members will receive 66.67% of their base salary (1
year average of W -2) with a waiting period of 15 days. Team Members will receive continued
payment until the Team Member is medically able to return to work, or has to begin utilizing long
term disability, or until the Team Member reaches the age of 65, whichever comes first. The
maximum short-term disability benefit amount will be $1848 per week.
ARTICLE 27: LONG -TERM DISABILITY
The City will provide Team Members with a long -term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in'an inability to work for a
long period of time. In these cases, Team Members will receive 66.67% of their base salary with
a 90 day waiting period. Team Member will receive continued payment until the Team Member
is medically able to return to work, or until the Team Member reaches the age of 65, whichever
comes first. The maximum long -term disability benefit amount will be $8,000 per month.
ARTICLE 28: LIFE INSURANCE
Team Members will receive an accidental death & dismemberment and life insurance policy of
$100,000.
ARTICLE 29: TUITION REIMBURSEMENT
Subject to City Manager approval, Team Members may attend and be reimbursed for part or all of
the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a
benefit to the City and provided there are budgeted funds for such approval by the City Council.
During the budget process, money will be included annually for educational reimbursement. The
educational /training courses must be job - related and Team Members must remain with the City
for two (2) years after the completion of class or must refund the tuition paid to the City.
Any educational or training course that is a requirement for continuation of employment or is an
identified part of a job evaluation shall be paid for by the City. All Team Members with prior
approval by the City Manager, may be reimbursed for registration, costs of books, tuition, lab fees
and parking for classes or instruction, provided such classes or instruction are related to the
Team Member's assigned duties with the City.
Reimbursement will be made only after a Team Member has satisfactorily completed the class or
workshop with the grade of C or better or equivalent completion and that evidence of same has
been submitted and approved by the City Manager.
In general, training time during working hours shall be considered part of the job. Unless the City
directs a Team Member to attend a specific training course and the course is not available during
work hours, training after hours shall be considered voluntary and no additional pay, overtime, or
compensatory time shall be given by the City unless advance special written approval is granted.
Study time shall be considered completely voluntary.
There is no mileage reimbursement for travel to and from educational classes. Required forms
must be completed and necessary documentation (receipts and grades) must be provided in
order to receive reimbursement. Final and conclusive determinations of the reimbursement
amount shall be made by the City Manager /Assistant City Manager after review of the request
and recommendations by the Department Director and /or Human Resources.
ARTICLE 30: WELLNESS PROGRAM
The City will suspend the Wellness reimbursement program for FY 2010 -2011. The City will
revisit the wellness reimbursement program at $500 per year for FY 2011 -2012 based upon the
availability of funding.
ARTICLE 31: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full -time Team Members. Full -time Team
Members are eligible for this program after the completion of the probationary period.
ARTICLE 32: EMPLOYEE ASSISTANCE PROGRAM
The City will provide Team Members with access to the Employee Assistance Program (EAP).
ARTICLE 33: STAND -BY / CALL -BACK PAY
If a Team Member is on stand -by or on -call, he /she shall receive $100 per week with a minimum
of 3 hours of overtime regardless of the time of day or day of the week if required to report back
to work. In addition, call back pay shall commence upon the arrival of the Team Member at the
work site.
ARTICLE 34: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City will offer Team Members a flexible benefit plan which will allow individuals to pay for
certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax
dollars.
ARTICLE 35: DIRECT DEPOSIT
Team Members will be provided with an option to authorize the automatic deposit of each
paycheck into an individual's checking, savings or credit union account. Payroll checks will not
be issued in advance.
ARTICLE 36: MISCELLANEOUS COMMITMENTS
The City commits to the following miscellaneous activities during the 2010 -2012 fiscal years:
• Create formalized Administrative Policies.
• Update Employer — Employee Relationship Resolution No. 96 -38.
• The City will survey all benchmark classifications annually to determine the market
midpoint.
ROSEMEAD EMPLOYEES ASSOCIATION
BY: 2C1&bl ✓� BY:
KIM P. BORIS
REA REPRESENTATIVE
BY: lc-� f
CONCHITA T. ESCALONA
REA REPRESENTATIVE
BY:
EDUARDO ESPI
REA REPRESEtATIVE
BY:
RMA A. GALINDO
3
REA REPRESENTATIVE
BY:
ERICKA HE-R'IdNDEZ
REA REPRESENTATIVE
BY:
MARTIN A. J{ NES
REA REPRESENTATIVE
ill]
CITY OF ROSEMEAD
JEFF ALLRED
CITY MANAGER
Su TAN
HUMAN RESOURCES MANAGER
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
FYCf I ITrr) TI-IIC 22ND DAY
OF JUNE
2010
City of Rosemead
General Services
Salary Ranges and Job Classifications
Effective July 1, 2010
Administrative Assistant
$38,537
$52,138
Office Specialist
$31,629
$42,792
Administration Minimum Maximum
Accounting Specialist
$48,127
1 $34,912
$47,234
Accounting Specialist, Senior
$70,120
1 $44,691
$60,464
Community Development Minimum Maximum
Assistant Planner
$48,127
$65,113
Housing Project Coordinator
$51,828
$70,120
Parks and Recreation Minimum Maximum
Recreation Coordinator 1 $26,608 1 $35,999
Public Safety Minimum Maximum
Code Enforcement Officer
$39,500
$53,441
Code Enforcement Officer, Senior
$45,808
$61,976
Public Safety Coordinator
$45,808
$61,976
Public Works Minimum Maximum
Facilities Technician
$37,597
$50,866
Maintenance Lead Worker
$41,500
$56,147
Maintenance Worker
$32,420
$43,862
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JUNE 23, 2009
SUBJECT: ROSEMEAD EMPLOYEE ASSOCIATION M.O.U. AMENDMENT
SUMMARY
The existing Memorandum of Understanding (MOU) between the City and the Rosemead
Employee's Association (REA) is effective until June 30, 2010 and includes the ability to earn up
to a 5% pay increase based upon an employee's annual evaluation. As the Council is aware,
the City Manager's office has been in discussions with the REA Board to waive the right to merit
increases for the 2009 -10 Fiscal Year in an effort to save money and balance the budget. REA
has agreed to waive any merit increases for all full and three - quarter time employees and waive
any potential cost of living increases for part-time staff.
Staff Recommendation
Staff recommends that the City Council approve the MOU Amendment (Attached) between the
City and the REA for the period of July 1, 2009 through June 30, 2010. 1.
ANALYSIS
The existing MOU includes a provision for merit -based pay increases for three - quarter and full -
time employees and cost of living increases for part-time staff. When developing the 2009 -10
Budget it was projected that the potential increases would cost the City approximately $306,000.
In an effort to balance the budget, staff approached the REA Board to determine if there was a
willingness to forgo pay increases for the upcoming fiscal year. After discussions with their
Board and a vote of their membership, it was unanimously agreed to amend the current
agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Matthew E. Hawkesworth
Assistant City Manager
Attachment: MOU Amendment
ITEM NO. N!
APPROVED FOR CITY COUNCIL AGENDA:
SIDE LETTER OF AGREEMENT
JUNE 23, 2009
The parties agree to the following:
■ Amend Article 7: Compensation
• No merit increases will be awarded for the period of July 1, 2009
through June 30, 2010.
• No survey or adjustment to the hourly rate of part-time Team
Members will be granted for the period of July 1, 2009 through June
30, 2010.
ROSEMEAD EMPLOYEES ASSOCIATION
BY: BY:
JEAN S. SCOTT
REA REPRESENTATIVE
BY: d
I_
/F/
%/,0 -1
MARTIN "A
■ ./
BY: ., Q• /��r�f
IRMA A. GALINDO
REA REPRESENTATIVE
BY: CD7-E4�c �✓
CONCHITA T. ESCALONA
REA REPRESENTATIVE
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS 7-9 DAY
OF ?u ne. _,2009
A
THE CITY OF ROSEMEAD
AND
THE ROSEMEAD EMPLOYEE ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 19 2008 THROUGH DUNE 309 2010
0 0
TABLE OF CONTENTS
ARTICLE 1.
PREAMBLE
ARTICLE 2.
RECOGNITION & EFFECTIVE DATES
ARTICLE 3.
CONSTITUTIONALITY
ARTICLE 4.
IMPLEMENTATION
ARTICLE 5.
NON- DISCRIMINATION
ARTICLE 6.
GENDER
ARTICLE 7.
COMPENSATION
ARTICLE 8.
HEALTH CARE PROVIDER
ARTICLE 9.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
ARTICLE 10.
RETIREMENT HEALTH PLAN
ARTICLE 11.
RETIREMENT PROGRAM
ARTICLE 12.
ENHANCED RETIREMENT PROGRAM
ARTICLE 13.
DEFERRED COMPENSATION PROGRAM
ARTICLE 14.
VACATION LEAVE
ARTICLE 15.
VACATION BUYBACK
ARTICLE 16.
CITY- RECOGNIZED HOLIDAYS
ARTICLE 17.
HOLIDAY PAY
ARTICLE 18.
FLOATING HOLIDAYS
ARTICLE 19.
OVERTIME / COMPENSATORY TIME
ARTICLE 20.
ADMINISTRATIVE LEAVE
ARTICLE 21.
FLEXIBLE SCHEDULING
ARTICLE 22.
SICK LEAVE
ARTICLE 23.
BEREAVEMENT LEAVE
ARTICLE 24.
JURY LEAVE
ARTICLE 25.
BILINGUAL PAY
ARTICLE 26.
SHORT -TERM DISABILITY
ARTICLE 27.
LONG -TERM DISABILITY
ARTICLE 28.
LIFE INSURANCE
ARTICLE 29.
TUITION REIMBURSEMENT
ARTICLE 30.
WELLNESS PROGRAM
ARTICLE 31.
TEAM MEMBER ASSISTANCE PROGRAM
ARTICLE 32.
STAND -BY / CALL -BACK PAY
ARTICLE 33.
FLEXIBLE BENEFIT PLAN (SECTION 125)
ARTICLE 34.
DIRECT DEPOSIT PAYROLL
ARTICLE 35.
MEDICARE / SOCIAL SECURITY
ARTICLE 36.
3/4 TIME TEAM MEMBERS
ARTICLE 37.
AUTO ALLOWANCE
ARTICLE 38.
MISCELLANEOUS COMMITMENTS
9 0
ARTICLE 1: PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious
relations, cooperation and communication between the City Management and the Rosemead
Employee Association. As a result of good faith negotiations between City Management and
Association representatives, this memorandum of Understanding sets forth the Agreement
regarding wages, hours and other terms and conditions of employment for our Team Members
covered by this Memorandum. This Memorandum provides for an orderly, means of resolving
differences which may arise from time to time during its term.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This Memorandum of Understanding is made and entered into between the management
representatives of the City of Rosemead, herein referred to as the "City' and the representatives
of the Rosemead Employee Association, herein referred to as the "Association ". Full
consideration has been given to salaries, Team Member benefits, and other terms and conditions
of employment. Pursuant to the provisions of Section 3505.1 of the Government Code of the
State of California, said' parties agree to this Memorandum of Understanding effective July 1,
2008.
This Memorandum of Understanding shall become effective July 1, 2008 and will continue in
effect until June 30, 2010. The Rosemead Employee Association shall be officially recognized as
the representative body for all Team Members of the City of Rosemead. This Memorandum of
Understanding represents the full and complete understanding between the parties related to the
subject matter set forth herein and all preliminary negotiations of whatever kind or nature are
merged herein.
ARTICLE 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the Team Members of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Association nor the City shall discriminate against any Team Member
because of race, religious creed, color, national origin, age, ancestry, sexual orientation, sex
(including gender identity) disability (physical or mental), sexual orientation, marital status,
pregnancy, child birth or related medical condition, or any other legally protected characteristics.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
Page 1 of 8
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ARTICLE 7: COMPENSATION
All full -time and % time Team Members will be part of the new 2 % -5% Merit Based Compensation
System. All full -time and % time Team Members will receive the following:
• Effective July 1, 2008 - 3% COLA and up to 2% merit upon anniversary date of current
position
• Effective July 1, 2009 — Up to 5% merit upon anniversary date of current position
All part-time Team Members will receive a 3% COLA effective July 1, 2008. City will survey all
positions annually in March and set hourly rate at 4% above average as of July 1 of each year.
Cities utilized for the annual survey will be determined as part of the Class and Compensation
Study.
ARTICLE 8: HEALTH INSURANCE PROVIDER
The City shall contract with CaIPERS to serve as the health insurance provider for the City of
Rosemead.
ARTICLE 9: CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
Beginning July 1, 2008, the City will provide each Team Member with $1,600 per month for use
towards enrolling in any of the City offered health plans, dental plans, and vision plans. Any
unused remainder can be put into a deferred compensation plan, taken as a cash disbursement,
or used for the purchase of any City sponsored insurance, long -term care, or long -term saving
program. Team Members can also choose to take the entire benefit as deferred compensation or
cash, but must first show proof of health insurance through another source.
ARTICLE 10: RETIREMENT HEALTH PLAN
For all full -time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 /
month will be given to pay for health care benefits for the duration of their retirement. If the health
insurance program selected by the Team Member costs more than $1,000 / month, the City will
only cover the first $1,000 / month of the cost of the selected program. Once the Team Member
reaches age 65 or becomes eligible for Medicare coverage, the Team Member will transition to
Medicare coverage, with the City picking up the remaining cost of health ,insurance coverage up
to a maximum of $1,000 / month.
For all full -time Team Members hired on or before July 1, 2007, who have 12 -19 years of service
with the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will
be given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500 / month, the City will only cover the
first $500 / month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of the
Team Members retirement according to the program as defined in Article 10. Furthermore, it is
expressly noted that the retirement health contribution can be used towards health coverage for
the Team Member, their spouse, and / or any eligible dependent.
Team Members hired after July 1, 2007 shall receive retiree health benefits in accordance with
public employees' retirement laws and CaIPERS.
Page 2 of 8
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ARTICLE 11: RETIREMENT PROGRAM
Team Members will be enrolled in the City's retirement program through CalPERS. Effective July
1, 2007, the City will begin providing the 2.7 % @55 benefit with one -year final compensation
option. In addition, the City will continue to contribute the Team Member's share to the retirement
system.
ARTICLE 12: ENHANCED RETIREMENT PROGRAM
The City will continue offering an enhanced retirement package through PARS. Full -time Team
Members who retire from Rosemead after working 20 years for the City,will have their pension
formula enhanced to 3 % @55, with the provision that the maximum pension allowance that Team
Member's can accrue through PARS will be 90% of their final pay. Team Members must be at
least 55 years of age to qualify for PARS.
ARTICLE 13: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM
For all full -time Team Members, the City will set -up and begin contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service. That
funding formula will be as follows:
• 0 — 4 Years: 1 % of salary contributed into a deferred compensation account.
• 5 — 9 Years: 2% of salary contributed to a deferred compensation account.
• 10 — 14 Years: 3% of salary contributed to a deferred compensation account.
• 15 — 19 Years: 4% of salary contributed to a deferred compensation account.
• 20+ Years: 5% of salary contributed to a deferred compensation account.
$500 will be allocated into deferred compensation for Executive Management.
ARTICLE 14: VACATION LEAVE
All full -time Team Members will be entitled to a paid vacation of 100 hours (10 days) following
one year of employment. Team Members may begin taking accrued vacation after six months of
employment. From the second year of employment until completion of the thirteenth year, Team
Members will be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth
year, and every year thereafter, Team Members will be entitled to 160 hours (16 days) of
vacation.
ARTICLE 15: VACATION BUYBACK
Any full -time Team Member who takes 40 consecutive hours of vacation during the course of the
year will be eligible to have the City buyback up to 80 hours of vacation time.
ARTICLE 16: CITY- RECOGNIZED HOLIDAYS
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1st)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 41h)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 11'h)
8. Thanksgiving Day
9. Christmas Day (December 25`h)
Non - essential City services and facilities will be closed from Christmas to New Year's Day. If the
Team Member elects to take the non - holidays off, he/she will be required to utilize their own time.
Page 3 of 8
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ARTICLE 17: HOLIDAY PAY
Full -time non - exempt Team Members will receive holiday straight time plus 1 '/2 time for hours
worked. Part-time Team Members will receive 1 '/2 time for hours worked.
ARTICLE 18: FLOATING HOLIDAYS
Team Members will receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited.
ARTICLE 19: OVERTIME / COMPENSATORY TIME
Beginning on July 1, 2007, compensatory time -off (CTO) will no longer be provided to any Team
Member. Instead, non - exempt Team Members that work overtime shall be paid for those
overtime hours at a rate of 1.5 times their regular pay rate.
Those Team Members that have accrued CTO prior to July 1, 2007 shall be allowed to keep
those hours. Use of CTO earned shall be granted so that it does not unduly disrupt the
operations of the City. Terminating Team Members shall be compensated for accrued
compensatory hours. Furthermore, Team Members who have accrued CTO may elect to buy
back to the City any hours of CTO per year. Said sell back shall take place during the second
pay period in December of each year and will be paid at the Team Member's hourly rate at the
time the CTO is sold back to the City. In addition, accrued CTO for any terminating Team
Member will be paid out at the Team Member's hourly rate at the time of termination.
ARTICLE 20: ADMINISTRATIVE LEAVE
On January 1, 2008, and every January 1 thereafter, Team Members working in a position
classified as exempt or management will be allocated an allotment of Administrative Leave
according the following schedule:
Job Classification
Administrative Leave Allocation_
Exempt
60 Hours
Management
80 Hours
Executive Management
80 Hours
Any Administrative Leave hours that have not been used by December 31 of a calendar year will
be lost. However, any Team Member working in a position classified as exempt or management,
and who has utilized or plans to utilize at least 'h of their allocated Administrative Leave by
December 31, will be offered the opportunity to sell back to the City any of their remaining
Administrative Leave hours. Said sell back shall take place during the second pay period in
December of each year and will be paid at the Team Member's hourly rate at the time the
administrative leave is sold back to the City. Furthermore, any Administrative Leave on the books
for a terminating Team Member shall be paid out at the Team Member's hourly rate at the time of
termination.
For the purposes of participating in the City's Administrative Leave sell back program, those
Team Members classified exempt must have utilized at least 30 hours of Administrative Leave,
and those Team Members classified as management must have utilized at least 40 hours of
Administrative Leave.
ARTICLE 21: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged given supervisor approval. This could include the possibility of utilizing a flextime or
telecommuting from an offsite location.
Page 4 of 8
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ARTICLE 22: SICK LEAVE
Full -time Team Members will accrue ten hours of sick leave per month. A new Team Member
may bring with them up to 200 hours of accrued sick leave from their previous agency, if the
previous employer did not otherwise compensate the Team Member. In addition, new Team
Members can not utilize sick leave within the first 30 days of employment.
Team Members retiring from the City may have the option to sell back sick leave to purchase up
to one additional year of service time from CalPERS. Any other balances or if the Team Member
resigns or is terminated will be forfeited.
ARTICLE 23: BEREAVEMENT LEAVE
In the event of the death of a member of an Team Member's immediate family (defined as
spouse, parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law, sister -
in -law, brother -in -law, step - relatives, or member of the household, domestic partner or child of a
domestic partner), Team Members will be entitled to four (4) paid days off for bereavement leave.
ARTICLE 24: .JURY LEAVE
Team Members required to serve on a jury will be entitled to their regular compensation for up to
80 hours provided that fees for jury service are deposit with the finance department.
ARTICLE 25: BILINGUAL PAY
The City will offer a bilingual pay program for eligible Team Members who consistently utilize
other languages to translate during the normal course of work. To qualify, Team Members must
pass the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and /or Mandarin. A maximum of three (3) positions per language per
site may be certified to receive bilingual pay by the City. It will be applicable at all primary sites
(RCRC, Garvey Center, Public Safety and Maintenance Yard). In the event that more than three
team members wish to apply for it, management will determine the top three (3) based upon
positional need. Once certified, full time positions and 3% time positions shall receive a bilingual
stipend of $75 per month.
Any Team Member who is not certified by the City shall not be required to use a language other
than English. However, when a member of the public, requests assistance in a language other
than English, our Team Members shall make a reasonable effort to accommodate and assist in a
polite and professional manner.
ARTICLE 26: SHORT -TERM DISABILITY
The City will provide Team Members with a short-term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
short period of time. In these cases, Team Members will receive 66% of their base salary after
14 days, and continued payment until the Team Member is medically able to return to work, or
has to begin utilizing long term disability, or until the Team Member reaches the age of 65,
whichever comes first. The maximum short-term disability benefit amount will be $8,000 per
month.
ARTICLE 27: LONG -TERM DISABILITY
The City will provide Team Members with a long -term disability plan to protect against cases
where a non - work - related illness or injury is sustained which results in an inability to work for a
long period of time. In these cases, Team Members will receive 66% of their base salary after 45
days, and continued payment until the Team Member is medically able to return to work, or until
the Team Member reaches the age of 65, whichever comes first. The maximum long -term
disability benefit amount will be $8,000 per month.
ARTICLE 28: LIFE INSURANCE
Team Members will receive an accidental death & dismemberment and life insurance policy of
$100,000.
Page 5 of 8
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ARTICLE 29: TUITION REIMBURSEMENT
Upon successful completion of a course, full -time Team Members will be eligible for tuition
reimbursement of up to $5,000 per fiscal year. Reimbursable expenses must be approved by the
City Manager and will include items such as registration, tuition, textbooks, and parking.
ARTICLE 30: WELLNESS PROGRAM
The City will reimburse full -time Team Members up to $500 per fiscal year toward the cost of a
fitness /exercise or health related program, provided that the Team Member develops and submits
to the personnel officer a personal wellness plan. Once submitted, the Team Member must
engage in an exercise program on a regular basis and /or be involved in a program to improve
health (i.e. weight reduction, smoking cessation, etc). Qualifying fitness and exercise activities
include but are not limited to: nautilus, aerobics, tennis, racquetball, swimming, golfing, and
bicycling. Reimbursement for participating in the Wellness Program is available to full -time Team
Members and will be considered on a case -by -case basis. In addition, equipment required for
participating in these activities will be considered on a case by case basis.
ARTICLE 31: TEAM MEMBER ASSISTANCE PROGRAM
The City will provide Team Members with access to a Team Member Assistance Program.
ARTICLE 32: STAND -BY / CALL -BACK PAY
If a Team Member is on stand -by or on -call, he /she shall receive $100 per week with a minimum
of 3 hours of overtime regardless of the time of day or day of the week if required to report back
to work. In addition, call back pay shall commence upon the arrival of the Team Member at the
work site.
ARTICLE 33: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City will offer Team Members a flexible benefit plan which will allow individuals to pay for
certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax
dollars.
ARTICLE 34: DIRECT DEPOSIT PAYROLL
Team Members will be provided with an option to authorize the automatic deposit of each
paycheck into an individual's checking, savings or credit union account.
ARTICLE 35: MEDICARE / SOCIAL SECURITY
If Federal Medicare / Social Security is mandated by Congress, the contribution designated by
law to be the responsibility of the Team Member shall be paid in full by the Team Member.
ARTICLE 36: 3/4 TIME TEAM MEMBERS
Team Members designated as 3/4 time will work 30 -32 hours per week and will receive the
following benefits:
• Health
Single Party Kaiser.
• Tuition Reimbursement
A maximum reimbursement amount of $2,500 per year will be provided.
• Wellness Plan
A maximum reimbursement amount of $250 per year will be provided.
• City Paid Deferred Compensation
3/4 Time Team Members will not be eligible for this benefit.
• Retirement Health Plan
The City will pay benefits in accordance with public employees' retirement laws and
CaIPERS.
Page 6 of 8
•
• Vacation Accrual
Half the full -time rate
All other non -full -time Team Members will not receive city paid health.
ARTICLE 37: AUTO ALLOWANCE
Management Team members may receive up to $500 per month based on business necessity.
Executive Management may receive up to $800 per month or a city provided vehicle.
ARTICLE 38: MISCELLANEOUS COMMITMENTS
The City commits to the following miscellaneous activities during the 2008 -2010 fiscal year:
• Implement a Merit Based Compensation System — all full -time and % time Team
Members will be part of the merit system.
• Implement a Class and Compensation Study — review study by 2/1/09 with Association
and retroactive to 1/1/09.
• Re- classify Pre - School Teacher positions to' /. Time positions.
• Create job descriptions for every position in the City.
• Create a formalized Personnel Rules & Regulations Manual.
• Create formalized Administrative Policies.
• Conduct an FLSA audit.
Page 7 of 8
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0
ROSEMEAD EMPLOYEES ASSOCIATION CITY OF ROSEMEAD
BY: Cl/,,- s BY: a-�t�
JEAN S. SCOTT 0701VER C. CHI
REA REPRESENTATIVE CITY MANAGER
I
KIM P. BORIS
REA REPRESENTATIVE
BY: v cil�)
� RAYIRODRIGUEZj
EA REPRESENTATI
M
BY:
REA REPRESENTATIVE
CONCHITA T. ESCALO
REA REPRESENTATIVE
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS DAY
OF ,TQne 12008
Page 8 of 8
SIDE LETTER OF AGREEMENT
JUNE 5, 2008
The parties agree to the following:
• Public Services Lead Workers will receive a salary increase of at least 4%
effective July 1, 2008.
• Senior Maintenance Workers who are not reclassified to Public Services
Lead Workers will maintain their present rate of pay.
ROSEMEAD EMPLOYEES ASSOCIATION CITY OF ROSEMEAD
BY: '.6 BY
JEAN S. SCOTT LIVER C. CHI
EA REPRESENTATIVE CITY MANAGER
I
Kim P. BORIS
REA REPRESENTATIVE
BY: W kuq,�Wl
RAY RODRIGUE
EA REPRESENTA E
l-B
M
REA REPRESENTATIVE
BY: n e/"���
CONCHITA T. ESCAL NA
REA REPRESENTATIVE
THE PARTIES HERETO HAVE CAUSED THIS
MEMORANDUM OF UNDERSTANDING TO BE
EXECUTED THIS I8 DAY
OF ,jUe 2008
0
2007 -2008
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF ROSEMEAD
THE ROSEMEAD EMPLOYEE ASSOCIATION
CONTENTS ..
_
PAGE 1
ARTICLE1.
PREAMBLE ......................................... ...............................
.. .
PAGE 1
ARTICLE 2.
- „ .........................
RECOGNITION &EFFECTIVE DATES------------------------------------------------
_
1
ARTICLES.,
......... :...... ;-------------- ..- - - - - -.
CONSTITUTIONALITY .- ••__,.-- • .................. .
_PAGE
.
PAGE1
.ARTICLE 4. �.
. ,..
IMPLEMENTATION ..................................... ............................... ....
'.
. .
PAGE 1
ARTICLE 5: '
...
NON - DISCRIMINATION .__,•_,_ ........ ............ . ---------- _ ......................PAGE
.
1
ARTICLE6.
GENDER ..................... ._......... .................. .......:...
.
,....
1
-
ARTICLE 7.
SALARIES .....:............................_. ............................... .,.............
__PAGE _
PAGE 1
ARTICLE 8.
TRANSITION TO NEW HEALTH CARE PROVIDER ...................... .. •• ----
_ -_PAGE
ARTICLE 9.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT:,•__ „- „.....
1 '
PAGE 2
ARTICLE 10. -.
RETIREMENT HEALTH .LAN .............................................................
: .
PAGE 2
ARTICLE 11.
RETIREMENT PROGRAM ............._......;........... .....:.........................
....PAGE 2
ARTICLE.12.
- •••••--•--•-- - - -• - -•
ENHANCED RETIREMENT PROGRAM--------------------------------------
•
PAGE 2
ARTICLE -13.
. DEFERRED COMPENSATION PROGRAM .................................. --- - - --•-
_
,
PAGE 2
ARTICLE 14.
�. VACATION LEAVE ................. .......::............ .;..,._,.. ..................
PAGE .
.ARTICLE 15:' ,.
VACATION BUYBACK _ .......................................
3”
ARTICLE 1$.
_
CITY-RECOGNIZED HOLIDAYS .:..........................._...................-
_•_ -PAGE
PAGE3
.. .ARTICLE 17.
FLOATING HOLIDAYS .................... :...... :.......... ........:...... .............
... .PAGE3
18:
OVERTIME /COMPENSATORY TIME .• . .............. ....:.......
. ARTICLE
-
PAGE 3'
,...
. ARTICLE 19: _
... .....................
ADMINISTRATIVE LEAVE .......... ........................: . . . . .. •
4
- ARTICLE 20.
FLEXIBLE SCHEDULING .................................................... ..
___PAGE
PAGE4
- ARTICLE 21.
-
SICK LEAVE ........................................... I........... ............................
PAGE 4
ARTICLE 22. ”
_
BEREAVEMENT LEAVE ...:... ........._........._........... - -,
__:
,,
PAGE 4
ARTICLE.23.
.... ........................
JURY LEAVE .................... ............................... . ..
'
PAGE 4'
.
ARTICLE 24.. _.
-
� PATERNITY LEAVE. .:................... .......................... .........
....
-
PAGE 4
ARTICLE 25:
..
- SHORT -TERM DISABILITY .- ,__,,,_,_ ....:..... ... ...........................
......
PAGE 4
ARTICLE 26..
LONG- TERMDISABILITY .........:................ .. . .. .-
..:
ARTICLE 27.
- .....:............... ......
LIFE. INSURANCE ................. ....... .. .. ..................
_PAGE4
- -
PAGE 4
ARTICLE 28.�
._...._._...
TUITIOWREIMBURSEMENT .• ...........:...:. .. ------------ - °-•"
.
4..
ARTICLE 29.
.............PAGE
WELLNESS ....... ..........................PAGES
_ :ARTICLE30.
EMPLOYEE ASSIST ANCE' PROGRAM _-_ ...... ............. :.------ •--- - -- --•
PAGE 5.
ARTICLE 31.RETIREMENT
HEALTH SAVINGS ACCOUNT ........................
_PAGE
FLEXIBLE BENEFIT PLAN ( SECTION .. 125)- • . ... .........................
5
.
ARTICLE 32.
-
PAGE 5
ARTICLE 33.
DIRECT DEPOSIT PAYROLL ....................... : . . ---- ---- -------------------
--------
PAGE 5
34.
MEDICARE / SOCIAL SECURITY .............. .......... ..... •-- :---- •--- •- - ---------"
-'
.ARTICLE
'
PAGE 5
35.
"PERMANENT -PART TIME EMPLOYEES .............................................
•
ARTICLE
:...
PAGE 5
ARTICLE 36.
MISCELLANEOUS COMMITMEN ..:......... ........... •------ -- -- °---'--'-
-" ....
ARTICLE 1: PREAMBLE
This Memorandum of Understanding is prepared between representatives of the City Manager of
the City of Rosemead and the:Rosemead Employee. Association. Full consideration has been
given to salaries, employee benefits, and other terms and conditions of employment. Pursuant to
the provisions of Section 3505.1 of the Government Code of the State of California, said parties
agree to this Memorandum of: Understanding effective July 1, 2007.
ARTICLE 2: RECOGNITION &EFFECTIVE DATES
This Memorandum of Understanding shall become effective July 1, 2007 and will continue in
effect until such time.that a new agreement is negotiated. The Rosemead Employee Association
shall be officially .recognized as: the representative body for all .employees of the City of
Rosemead.'This Memorandum of Understanding represents the full and complete understanding
between the parties related to the subject matter set forth herein and.all preliminary negotiations.
of whatever kind or nature are merged .herein::
ARTICLE: 3: CONSTITUTIONALITY
If any section, subsection, subdivision, sentence, clause, or phrase of this 'Memorandum of
Understanding is for any.reason, field to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of.Understanding.
ARTICLE 4: IMPLEMENTATION - --
This Memorandum 'of 'Understanding constitutes a mutual recommendation by the parties to the
City 'Council that or more resolution be adopted accepting 'this . Memorandum of
Understanding..and effecting the changes enumerated herein relative to wages, benefits,. and
other terms and, conditions of employment-for the employees of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Rosemead Employee Association. nor the City .shall discriminate
against any employee because of race, religious creed, national origin, age, sex, disability; sexual
orientation, or any other legally protected status.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this': Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
ARTICLE 7r SALARIES
All full -time; permanent part -time, part -time, and seasonal .employees ' will'receive the following
across the board wage adjustments:
Effective pay period including 7/1/07 7 4%
ARTICLE 8: TRANSITION To NEw HEALTH CARE PROVIDER
Beginning on July 1, 2007, the City will no longer offer health insurance benefits through .
CalPERS Health. Instead, the City will provide health insurance options through private health
insurance carrier.
.ARTICLE 9: CAFETERIA -STYLE HEALTH WELFARE & SAVINGS.BENEFIT -
Beginning.on July .1, 2007, the City will provide each employee witli.$1 200, per month for use
towards enrolling in any of the City offered health plans, dental %plans, and. vision plans. Any
unused remainder can be put into a deferred compensation plan, taken. as a cash disbursement,.
or used for the purchase of any City sponsored insurance, long- term care,, or long -term saving
program. Employees can also choose to take the entire benefit as deferred compensation or
cash, but must first show proof of health insurance through another source.
Page 1 of 6
ARTICLE 10: RETIREMENT HEALTH PLAN
For all full -time employees hued on or before July 1, 2007, who have 20 years or more of service ,000
with the City of Rosemead, and who retire from the City, an allocation of up to $1 heal /month th insurance
be given to pay for health care .benefits for the duration oftheir retirement. If the eal
program selected by the employee costs more than $1,000 / month, the City
`will only cover.the
first $1,000 / month of the cost of the selected program. Once employee reaches age 65 or
becomes eligible for Medicare coverage, the employee will transition to Medicare coverage, with .
the City picking up the remaining cost of health insurance coverage.up to a.maximum of $1,000 /
month.
For all; full-time :am ploy ees hired on or before July 1, 2007, who have.12 -19 years of service with
the City of Rosemead, and who retire from the City, an allocation of up to $500 [month will be
given to pay for health care.benefifs for the duration of their retirement. If the health insurance
program selected by the employee costs more than $500 / month, the City will only cover the first
$500 / month of the cost ofthe. selected program.
The above retirement health contributions will only be in effect for full -time employees employed
with the City as of July 11 2007. When employee reaches 65 yew and the City will es eligible
for for Medicare, said employees will transition to Medicare.coverag. to
contribute towards the cost of health care coverage during the duration of the employees
retirement according to the program as defined in Article 10. Furthermore, it is expressly noted
that the retirement health contribution can be used towards health coverage'for the employee,.
their spouse, and / or any eligible - dependent.
.ARTICLE 11: RETIREMENT PROGRAM
Employees will be enrolled in the City's retirement program through CaiPEM Effective July 1,
2007 „the City will begin providing the 2.7 % @55 benefit with.one -year final compensation option.
In addition, the_ City will continue to contribute the employee's share to the retirement system.
ARTICLE 12: ENHANCED. RETIREMENT PROGRAM -
The .City will continue offering an enhanced retirement package through PARS. Full -time
employees who retire from Rosemead afterworking 20 years for the City will. have their pension
formula enhanced to 3 %0 655, with the provision that the maximum pension allowance that
employee's can accrue through PARS will be 90% of their final pay.
ARTICLE 13: EMPLOYER.FUNDED DEFERRED COMPENSATION PROGRAM
For all full -time employees, the. City will set-up. and begin contributing into, a deferred
compensation account a percentage of the employee salary based on years -of service. That
funding formula will be as follows:
• 0 - 4 Years:.1 % of salary contributed into a deferred compensation account.
• 5 —9 Years: 2% of salary contributed to a deferred compensation account.
• 10 - 14 Years: 3% of salary contributed to a deferred compensation account.
• : 15 = 19 Years: 4% of salary contributed to a deferred compensation account:.
20+ Years: ,5% of salary contributed to a deferred compensation account. .
ARTICLE 14: VACATION LEAVE p f01l0win One's. .
All full -time employees will be.entitled to a aid vacation of 100 hours (10 days) 9
year of employment Employees may begin taking your accrued vacation after six months on the
job. From.the second year of employment until completion of the thirteenth year, employees will
be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth year, and every
year thereafter, employees will be entitled to 160 hours (16 days) of vacation.
Page 2of6, - _
_ ARTICLE 15 VACATION BUYBACK' -
Any full -time employee who takes 40 consecutive hours of vacation during the course of the year
will be eligible to have the City buyback up to 80 hours, of vacation time.
ARTICLE 16: CITY- RECOGNIZED.HOLIDAYS - -
The following days shall be recognized and observed as paid holidays:
1. New:Year's Day (January 1S')
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents` Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 41°)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 11'")
8. Thanksgiving Day
9. Christmas Day (December 251h)
ARTICLE 17: FLOATING HOLIDAYS
Employees w ill receive 20 floating holiday hours. per year. Those hours must be used before the
end of the calendar year or. they will be lost.
ARTICLE18: OVERTIME /COMPENSATORY TIME'
Beginning on July T,. 2007, compensatory time -off (CTO) vvill no longer be provided to any
employee. Instead, non - exempt employees that work overtime shall. be paid for: those ov @rt7me
hours at a rate of 1.5 times.fheir regular pay rate.
Those employees that have accrued CTO prior to July 1, 2007 shall be' allowed to keep 't o
hours. Use of CTO earned shall be granted so thaYit does not unduly disrupt ttie operations ns of f
the City. Terminating employees shall be'compensated,`for. accrued
s6tory'hours.
hours,
Furthermore, employees who have accrued CTO may elect to sell back to t ecitYnDecember of
of CTO per year: Said-sell back shall take place during the second . pay period
each year and will be paid at the employee's hourly rate of the time the CTO is sold back to the
City. In addition, accrued CTO for any terminating employee will•be paid out at the employee's .
hourly rate at the time of termination.
ARTICLE 19' ADMINISTRATIVE LEAVE
On January 1, 2008,: and every January 1 thereafter, employees working in a position classified
as exempt or, management will be allocated an allotment of Administrative Leave according the
Any Administrative Leave hours that have not been used by December 31 of a calendar year win .
be lost. However; any employee working in a position classified as exempt or management, and
who has utilized or plans to utilize at least' /2 of their allocated Administrative Leave by December
31, will be offered the opportunity to sell back to the City any of their remaining Administrative
Leave hours. Said sell back shall take place during the second pay period in December of each
year and will be paid at the employee's hourly rate at the time the administrative leave is sold
back to the City. Furthermore, any Administrative Leave on the books for a terminating employee
shall be paid out at the employee's hourly rate at the time of termination.
For the purposes of participating in the City's Administrative Leave sell back program, those
employees classified exempt must have utilized at least 30 hours of Administrative Leave, and
those employees classified as management must have utilized at least 40 hours -of Administrative
Leave:..
Page 3of6
ARTICLE 20: FLEXIBLE SCHEDULING .
Depending on an employee's area of assignment, an alternate work of h utilizing as f extime eor
given' supervisor 'approval. This could include the possibility
telecommuting from an offsite location.
ARTICLE 21.:. SICK LEAVE
Employees will accrue ten hours of sick.leave per month. in addition; any new a ft he prev ous
bring with them up to 200 hours of accrued sick leave from their previous agency,
employer did not otherwise compensate the employee.
ARTICLE 22: BEREAVEM ENT LEAVE
In the event of the death of a member o oemother-in-law, father -in -law, sister-in-law,
parent, grandparent, sibling, children, grandchildren,
brother -in -law, . step- relatives, or member of the (4) paid days off for lbe bereavement leave.
brother of a
domestic partner); employees will be entitled to four (4) p
ARTICLE 23 JURY LEAVE
Employees required t. se or jury on ajurywill,be entitled to their service are deposit with the finance departmentation for up to 80
hours.provided thatfees.for ury
ARTICLE 24 PATERNITY LEAVE. .
Newfathers wishing to do so: may:use up to 40•hours of accrued sick leave for paternity leave.
ARTICLE 25 SHORT -TERM DISABILITY
The City will provide employees ^'iis sustainedr which disability esulpts nta protect
inability to against
work for ahshort
non- work - related illness or injury to ees will receive 66 % of their. base salary after 14 days, and
period of time. In these cases, emp y
continued. payment until the employee is medically able to return to whichever comes comes firsttiliThe . .
10 g.term disability, or until the employee reaches the age of 65, ,
maximum short-term disability benefit amount w ll be $8,000 per months
ARTICLE.26: LONG -TERM DISABILITY erl0a
The City will. provide employees with a.long -term disability plan to protect against cases.g eri a
non- work - related illness or injur ustaill receive lh66% results
of in
r /basil Sala ryafteorr45 days, and
of .time. In these cases, employees ee is medically able to return to work, or until the
benefit amount* pl employee
continued payment until the employ
reaches the age. of, 65, whichever comes first. The fnaximum long -term disability.
will be $8,000 per month:
ARTICLE 27: LIFE INSURANCE olio Of
Employees Will receive. an accidental death. & dismemberment and life insurance policy
$100,000.
ARTICLE 28: TUITION REIMBURSEMEgNT f0 $5,000. per fiscal.
Full-time employees will 'be ell iblero�edtby�herCtybManagertand will include items such.as
Reimbursable expenses: must be app
registration, tuition, textbooks, and parking..
ARncLE.29: WELLNESS PROGRAM to $500 per year toward the cost. of a
The City will reimburse full -time employees up develops and submits to
fitnesslexercise or health related program, provided that submitted, employee
to ee must engage in an
regular basis and/or be involved in a program
,to improve health (i:e.
the personnel officer a personal wellness plan. Once submitted, the employee
exercise. program on a rig
olfin and bicycling.
_ weight reduction, smoking cessation, etc). Qualifying fitness and exercise activities include but
are not limited to: nautilus, aerobics, tennis, racquetball, swimming, golfing,
Equipment required for participation in-these activities will be considered on a case by case basis.
Page 4of6
'ARTICLE 30: EMPLOYEE ASSISTANCE PROGRAM
The City will provide employees with access.to an Employee Assistance Program
'ARTICLE 31: RETIREMENT HEALTH SAVINGS AcdOUNT - ..
..Upon retirement, employees may convert accrued sick leave up to $20,000 for deposit.in a
retirement health savings account. This is an optional program for employees to consider.
ARTICLE 32: FLEXIBLE BENEFIT PLAN (SECTION 125) - -
The City will offer employees a flexible benefit plan which will allow individuals to pay for certain
.expenses (child care, unreimbursed medical expenses, insurance. premiums) w th pre -tax dollars.
ARTICLE 33: DIRECT DEPOSIT PAYROLL
Employees will be provided with an option to authorize the automaticdeposit of each paycheck'
into an individuals checking, savings or credit union account.
ARTICLE 34: MEDICARE t SOCIAL SECURITY - - ' -
If Federal Medicare f Social Security is mandated by Congress the conthbution designated by
law to be the responsibility of the employee shall be paid ih full by the employee.
ARTICLE 35: PERMANENT -PART TIME EMPLOYEES
Employees designate d.as.permanent -part time.will receive all' of-the benefits accrued full- time.,
employees with.the following exceptions:
Cafeteria Style Health Welfare & Savings Benefit'. .
A benefit amount of $600 per month will be provided.:
Tuition Reimbursement
A maximum reimbursement amount of $2,500 per year will be provided.
Wellness Plan
A maximum reimbursement amount of $250 per year. will be provided.
• City Paid Deferred Compensation
Permanent -Part Time Employees will not be eligible for this benefit.
Retirement Health Plan
Permanent -Part Time Employees will not be eligible for this benefit.
ARTICLE 35: MISCELLANEOUS COMMITMENTS
The City commits to the following miscellaneous activities during the:2007 -2008 fiscal year:
• Create job descriptions for every position in the City.
• Create a formalized Personnel Rules & Regulations Manual.
Create formalized Administrative Policies.
Conduct salary surveys to better determine pay rates
Conduct an FLS.A audit.
Conduct a P.ERS audit to determine employee eligibility for retirement benefits.
Page 5of6
0 0
CONTENTS
ARTICLE 1.
PREAMBLE .......................... ............................... .........................._PAGE
1
ARTICLE 2.
RECOGNITION $ EFFECTIVE DATES....
1
ARTICLE 3.
CONSTITUTIONALITY ............. .....___................_._..__ _____.._________....__.....PAGE
1
ARTICLE 4.
IMPLEMENTATION
PAGE 1
ARTICLE 5.
NON - DISCRIMINATION
PAGE 1
ARTICLE6.
GENDER. -----------------------------------------------------------------------------------
.. PAGE 1
ARTICLE 7.
SALARIES. . ---------------------------- ...........
PAGE 1
ARTICLE 8.
HEALTH INSURANCE PROVIDER
PAGE 1
ARTICLE 9.
CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT ....... _........
AGE 1
ARTICLE 10.
RETIREMENT HEALTH PLAN
PAGE 2
ARTICLE 11.
RETIREMENT PROGRAM
PAGE 2
ARTICLE 12.
ENHANCED RETIREMENT PROGRAM
PAGE 2
ARTICLE 13.
DEFERRED COMPENSATION PROGRAM
PAGE 2
ARTICLE 14.
VACATION LEAVE ............................................ ...............................
PAGE 2
ARTICLE 15.
VACATION BUYBACK
PAGE 3
ARTICLE 16.
CITY- RECOGNIZED HOLIDAYS
PAGE 3
ARTICLE 17.
FLOATING HOLIDAYS
PAGE 3
ARTICLE 18.
OVERTIME / COMPENSATORY TIME___________________ _______________________________
PAGE 3
ARTICLE 19.
ADMINISTRATIVE LEAVE
PAGE 3
ARTICLE 20.
FLEXIBLE SCHEDULING
PAGE 4
ARTICLE 21.
SICK LEAVE .................................................... .......................___.....
PAGE 4
ARTICLE 22.
BEREAVEMENT LEAVE ........................ ...............................
PAGE 4
ARTICLE 23.
JURY LEAVE ..----------------------------------------- ... . . . . ...... ........................
PAGE 4
ARTICLE 24.
PATERNITY LEAVE. __________PAGE
4
ARTICLE 25.
SHORT -TERM DISABILITY
PAGE 4
ARTICLE 26.
LONG -TERM DISABILITY
PAGE 4
ARTICLE 27.
LIFE INSURANCE
PAGE 4
ARTICLE 28.
TUITION REIMBURSEMENT .___ ________---------------------- _
.PAGE 4
ARTICLE 29.
WELLNESS PROGRAM
PAGE 4
ARTICLE 30.
EMPLOYEE ASSISTANCE PROGRAM... ........ _...... _ ____________....................
PAGE 5
ARTICLE 31.
RETIREMENT HEALTH SAVINGS ACCOUNT
PAGE 5
ARTICLE 32.
FLEXIBLE BENEFIT PLAN (SECTION 125) ................................ _----------
PAGE 5
ARTICLE 33.
DIRECT DEPOSIT PAYROLL
PAGE 5
ARTICLE 34.
MEDICARE /SOCIAL SECURITY
PAGE 5
ARTICLE 35.
PERMANENT -PART TIME EMPLOYEES
PAGE 5
ARTICLE 36.
MISCELLANEOUS COMMITMENTS
PAGE 5
• •
ARTICLE 1: PREAMBLE
This Memorandum of Understanding is prepared between representatives of the City Manager of
the City of Rosemead and the Rosemead Employee Association. Full consideration has been
given to salaries, employee benefits, and other terms and conditions of employment. Pursuant to
the provisions of Section 3505.1 of the Government Code of the State of California, said parties
agree to this Memorandum of Understanding effective July 1, 2007.
ARTICLE 2: RECOGNITION & EFFECTIVE DATES
This Memorandum of Understanding shall become effective July 1, 2007 and will continue in
effect until such time that a new agreement is negotiated. The Rosemead Employee Association
shall_ be officially recognized as the representative body for all employees of the City of
Rosemead. This Memorandum of Understanding represents the full and complete understanding
between the parties related to the subject matter set forth herein and all preliminary negotiations
of whatever kind or nature are merged herein.
ARTICLE 3: CONSTITUTIONALITY .
If any section, subsection, subdivision, sentence, clause, or phrase of this Memorandum of
Understanding is for any reason held to be illegal or unconstitutional, such decision shall not
affect the validity of the remaining portion of this Memorandum of Understanding.
ARTICLE 4: IMPLEMENTATION
This Memorandum of Understanding constitutes a mutual recommendation by the parties to the
City Council that one or more resolution be adopted accepting this Memorandum of
Understanding and effecting the changes enumerated herein relative to wages, benefits, and
other terms and conditions of employment for the employees of the City of Rosemead. It is
expressly intended that the duties, responsibilities, and functions of the City in the operation of its
functions shall in no manner be impaired, subordinated, or negated by any provisions of this
agreement.
ARTICLE 5: NON - DISCRIMINATION
It is agreed that neither the Rosemead Employee Association nor the City shall discriminate
against any employee because of race, religious creed, national origin, age, sex, disability, sexual
orientation, or any other legally protected status.
ARTICLE 6: GENDER
Whenever the masculine or feminine form of any word is used in this Memorandum of
Understanding, it also includes the other gender unless clearly indicated in the context.
ARTICLE 7: SALARIES
All full -time, permanent part-time, -part-time, and seasonal employees will receive the following
across the board wage adjustments:
Effective pay period including 7/1/07 — 4%
ARTICLE 8: HEALTH INSURANCE PROVIDER
The City shall contract with CalPERS to serve as the health insurance provider for the City of
Rosemead.
ARTICLE 9: CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT
Beginning with the first pay cycle in September, 2007, the City will provide each employee with
$1,600 per month for use towards enrolling in any of the City offered health plans, dental plans,
and vision plans. Any unused remainder can be put into a deferred compensation plan, taken as
a cash disbursement, or used for the purchase of any City sponsored insurance, long -term care,
or long -term saving program. Employees can also choose to take the entire benefit as deferred
compensation or cash, but must first show proof of health insurance through another source.
Page 1 of 6
ARTICLE 10: RETIREMENT HEALTH PLAN
For all full -time employees hired on or before July 1, 2007, who have 20 years or more of service
with the City of Rosemead, and who retire from the City, an allocation of up to $1,000 / month will
be given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the employee costs more than $1,000 / month, the City will only cover the
first $1,000 / month of the cost of the selected program. Once employee reaches age 65 or
becomes eligible for Medicare coverage, the employee will transition to Medicare coverage, with
the City picking up the remaining cost of health insurance coverage up to a maximum of $1,000 /
month.
For all full -time employees hired on or before July 1, 2007, who have 12 -19 years of service with
the City of Rosemead, and who retire from the City, an allocation of up to $500 / month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the employee costs more than $500 / month, the City will only cover the first
$500 / month of the cost of the selected program.
The above retirement health contributions will only be in effect for full -time employees employed
with the City as of July 1, 2007. When employee reaches 65 years of age, or becomes eligible
for Medicare, said employees will transition to Medicare coverage and the City will continue to
contribute towards the cost of health care coverage during the duration of the employees
retirement according to the program as defined in Article 10. Furthermore, it is expressly noted
that the retirement health contribution can be used towards health coverage for the employee,
their spouse, and / or any eligible dependent.
ARTICLE 11: RETIREMENT PROGRAM
Employees will be enrolled in the City's retirement program through CaIPERS. Effective July 1,
2007, the City will begin providing the 2.7 % @55 benefit with one -year final compensation option.
In addition, the City will continue to contribute the employee's share to the retirement system.
ARTICLE 12: ENHANCED RETIREMENT PROGRAM
The City will continue offering an enhanced retirement package through PARS. Full -time
employees who retire from Rosemead after working 20 years for the City will have their pension
formula enhanced to 3 % @55, with the provision that the maximum pension allowance that
employee's can accrue through PARS will be 90% of their final pay.
ARTICLE 13: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM
For all full -time employees, the City will set -up and begin contributing into a deferred
compensation account a percentage of the employee salary based on years of service. That
funding formula will be as follows:
• 0 — 4 Years: 1 % of salary contributed into a deferred compensation account.
• 5 = 9 Years: 2% of salary contributed to a deferred compensation account.
• 10 — 14 Years: 3% of salary contributed to a deferred compensation account.
• 15 — 19.Years: 4% of salary contributed to a deferred compensation account.
• 20+ Years: 5% of salary contributed to a deferred compensation account.
ARTICLE 14: VACATION LEAVE
All full -time employees will be entitled to a paid vacation of 100 hours (10 days) following one
year of employment. Employees may begin taking your accrued vacation after six months on the
job. From the second year of employment until completion of the thirteenth year, employees will
be entitled to 140 (14 days) hours of paid vacation. Beginning with the fourteenth year, and every
year thereafter, employees will be entitled to 160 hours (16 days) of vacation.
Page 2 of 6
0 0
ARTICLE 15: VACATION BUYBACK
Any full -time employee who takes 40 consecutive hours of vacation during the course of the year
will be eligible to have the City buyback up to 80 hours of vacation time.
ARTICLE 16: CITY- RECOGNIZED HOLIDAYS
The following days shall be recognized and observed as paid holidays:
1. New Year's Day (January 1s)
2. Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 41h)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 111h)
8. Thanksgiving Day
9. Christmas Day (December 251h)
ARTICLE 17: FLOATING HOLIDAYS
Employees will receive 20 floating holiday hours per year. Those hours must be used before the
end of the calendar year or they will be lost.
ARTICLE 18: OVERTIME / COMPENSATORY TIME
Beginning on July 1, 2007, compensatory time -off (CTO) will no longer be provided to any
employee. Instead, non - exempt employees that work overtime shall be paid for those overtime
hours at a rate of 1.5 times their regular pay rate.
Those employees that have accrued CTO prior to July 1, 2007 shall be allowed to keep those
hours. Use of CTO earned shall be granted so that it does not unduly disrupt the operations of
the City. Terminating employees shall be compensated for accrued compensatory hours.
Furthermore, employees who have accrued CTO may elect to sell back to the City up to 20 hours
of CTO per year. Said sell back shall take place during the second pay period in December of
each year and will be paid at the employee's hourly rate at the time the CTO is sold back to the
City. In addition, accrued CTO for any terminating employee will be paid out at the employee's
hourly rate at the time of termination.
ARTICLE 19: ADMINISTRATIVE LEAVE
On January 1, 2008, and every January 1 thereafter, employees working in a position classified
as exempt or management will be allocated an allotment of Administrative Leave according the
following schedule:
x
— . - _.„
mlriisVative`,Leave'Allocahoh �zT`>�,��'
Exempt
60 Hours
Management
80 Hours
Any Administrative Leave hours that have not been used by December 31 of a calendar year will
be lost. However, any employee working in a position classified as exempt or management, and
who has utilized or plans to utilize at least Y: of their allocated Administrative Leave by December
31, will be offered the opportunity to sell back to the City any of their remaining Administrative
Leave hours. Said sell back shall take place during the second pay period in December of each
year and will be paid at the employee's hourly rate at the time the administrative leave is sold
back to the City. Furthermore, any Administrative Leave on the books for a terminating employee
shall be paid out at the employee's hourly rate at the time of termination.
For the purposes of participating in the City's Administrative Leave sell back program, those
employees classified exempt must have utilized at least 30 hours of Administrative Leave, and
those employees classified as management must have utilized at least 40 hours of Administrative
Leave.
Page 3 of 6
�J
ARTICLE 20: FLEXIBLE SCHEDULING
Depending on an employee's area of assignment, an alternate work schedule may be arranged
given supervisor approval. This could include the possibility of utilizing a flextime or
telecommuting from an offsite location.
ARTICLE 21: SICK LEAVE
Employees will accrue ten hours of sick leave per month. In addition, any new employees may
bring with them up to 200 hours of accrued sick leave from their previous agency, if the previous
employer did not otherwise compensate the employee.
ARTICLE 22: BEREAVEMENT LEAVE
In the event of the death of a member of an employee's immediate family (defined as spouse,
parent, grandparent, sibling, children, grandchildren, mother -in -law, father -in -law, sister -in -law,
brother -in -law, step- relatives, or member of the household, domestic partner or child of a
domestic partner), employees will be entitled to four (4) paid days off for bereavement leave.
ARTICLE 23: JURY LEAVE
Employees required to serve on a jury will be entitled to their regular compensation for up to 80
hours provided that fees for jury service are deposit with the finance department.
ARTICLE 24: PATERNITY LEAVE
New fathers wishing to do so may use up to 40 hours of accrued sick leave for paternity leave.
ARTICLE 25: SHORT -TERM DISABILITY
The City will provide employees with a short-term disability plan to protect against cases where a
non - work - related illness or injury is sustained which results in an inability to work for a short
period of time. In these cases, employees will receive 66% of their base salary after 14 days, and
continued payment until the employee is medically able to return to work, or has to begin utilizing
long term disability, or until the employee reaches the age of 65, whichever comes first. The
maximum short -term disability benefit amount will be $8,000 per month.
ARTICLE 26: LONG -TERM DISABILITY
The City will provide employees with a long -term disability plan to protect against cases where a
non - work - related illness or injury is sustained which results in an inability to work for a long period
of time. In these cases, employees will receive 66% of their base salary after 45 days, and
continued payment until the employee is medically able to return to work, or until the employee
reaches the age of 65, whichever comes first. The maximum long -term disability benefit amount
will be $8,000 per month.
ARTICLE 27: LIFE INSURANCE
Employees will receive an accidental death & dismemberment and life insurance policy of
$100,000.
ARTICLE 28: TUITION REIMBURSEMENT
Full -time employees will be eligible for tuition reimbursement of up to $5,000 per fiscal.
Reimbursable expenses must be approved by the City Manager and will include items such as
registration, tuition, textbooks, and parking.
ARTICLE 29: WELLNESS PROGRAM
The City will reimburse full -time employees up to $500 per year toward the cost of a
fitness /exercise or health related program, provided that the employee develops and submits to
the personnel officer a personal wellness plan. Once submitted, the employee must engage in an
exercise program on a regular basis and /or be involved in a program to improve health (i.e.
weight reduction, smoking cessation, etc). Qualifying fitness and exercise activities include but
are not limited to: nautilus, aerobics, tennis, racquetball, swimming, golfing, and bicycling.
Equipment required for participation in these activities will be considered on a case by case basis.
Page 4of6
• •
ARTICLE 30: EMPLOYEE ASSISTANCE PROGRAM
The City will provide employees with access to an Employee Assistance Program.
ARTICLE 31: RETIREMENT HEALTH SAVINGS ACCOUNT
Upon retirement, employees may convert accrued sick leave up to $20,000 for deposit in a
retirement health savings account. This is an optional program for employees to consider.
ARTICLE 32: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City will offer employees a flexible benefit plan which will allow individuals to pay for certain
expenses (child care, unreimbursed medical expenses, insurance premiums) with pre -tax dollars.
ARTICLE 33: DIRECT DEPOSIT PAYROLL
Employees will be provided with an option to authorize the automatic deposit of each paycheck
into an individuals checking, savings or credit union account.
ARTICLE 34: MEDICARE /SOCIAL SECURITY
If Federal Medicare / Social Security is mandated by Congress, the contribution designated by
law to be the responsibility of the employee shall be paid in full by the employee.
ARTICLE 35: PERMANENT -PART TIME EMPLOYEES
Employees designated as permanent -part time will receive all of the benefits accrued full -time
employees with the fallowing exceptions:
• Cafeteria -Style Health, Welfare. & Savings Benefit
A benefit amount of $600 per month will be provided.
• Tuition Reimbursement
A maximum reimbursement amount of $2,500 per year will be provided.
• Wellness Plan
A maximum reimbursement amount of $250 per year will be provided.
• City Paid Deferred Compensation
Permanent -Part Time Employees will not be eligible for this benefit.
• Retirement Health Plan
Permanent -Part Time Employees will not be eligible for this benefit.
ARTICLE 35: MISCELLANEOUS COMMITMENTS
The City commits to the following miscellaneous activities during the 2007 -2008 fiscal year:
• Create job descriptions for every position in the City.
• Create a formalized Personnel Rules & Regulations Manual.
• Create formalized Administrative Policies.
• Conduct salary surveys to better determine pay rates.
• Conduct an FLSA audit.
• Conduct a PERS audit to determine employee eligibility for retirement benefits.
Page 5 of 6
ROSEMEAD EMPLOYEES ASSOCIATION CITY OF ROSEMEAD
S BY:��
BY. OLIVER C. CHI
' JEANS. SCOTT
REA REPRESENTATIVE DEPUTY CITY MANAGER
KIM P. BORIS ANDREW C. L TO
REA REPRESENTATIVE
CITY MANAGER
BY:
KAMAL.S- .BHATE
REAREPR SENTATIVE
'BY:
MARTI �.A� ONES
REA REPRESENTATIVE
BY:
IRMA A. GALINDO
REA REPRESENTATIVE -
BY: ` v"
CONCHITAT.ESCAL NA ..
REA REPRESENTATIVE .
. -
Page 6d6 .. .