CC - 2021-48 - Approving a two (2) year Memorandum of Understanding between the City of Rosemead and the Rosemead Employee Association, AFSCME Local 321 from July 1, 2021 through June 30, 2023RESOLUTION NO. 2021-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, APPROVING A TWO (2) YEAR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
ROSEMEAD AND THE ROSEMEAD EMPLOYEE ASSOCIATION,
AFSCME LOCAL 321 FROM JULY 1, 2021 THROUGH JUNE 30, 2023
WHEREAS, THE Rosemead Employee Association, Local 321 of the American
Federation of State, County, and Municipal Employees (AFSCME Local 321 or Union) is the
exclusive representative of employees in the City of Rosemead General Service Unit;
WHEREAS, the current Memorandum of Understanding between -the City of
Rosemead and the Union expired on June 30, 2021;
WHEREAS, City representatives negotiated a tentative agreement with the Union for
the term beginning July 1, 2021 through June 30, 2023, which has been ratified by the Union;
and
WHEREAS, the City Council has the authority to approve and ratify a contract with
the Union;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Rosemead as follows:
SECTION 1: That the Memorandum of Understanding between the City of Rosemead
and AFSCME Local 321, for the period of July 1, 2021 through June 30, 2023, attached hereto
as Exhibit A, shall be approved, ratified, and ordered implemented.
SECTION 2: That the City Manager of the City of Rosemead is hereby authorized,
empowered, and directed to enter into this Agreement for and on behalf of the City of
Rosemead.
SECTION 3: The City Clerk shall certify to the passage and adoption of this resolution,
and it shall become effective immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this 26th day of October, 2021.
Polly`ft o_ r
APPROVED AS TO
Rachel Richman, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
ATTEST:
Ericka I ernandez, City Clerk
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2021-48 was duly adopted
by -the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 26th day of October, 2021, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW
NOES: NONE
ABSENT: LY
ABSTAIN: NONE
Ericka ernandez, City Clerk
Exhibit A
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF ROSEMEAD
and
Rosemead Employee Association, AFSCME Local 321
Representing City of Rosemead General Service Employees
July 1, 2021 through June 30, 2023
Today's Small Town America
TABLE OF CONTENTS
ARTICLE1
PREAMBLE...............................................................................................................................
ARTICLE 2
RECOGNITION & EFFECTIVE DATES...............................................................................................
ARTICLE
UNION RIGHTS..........................................................................................................................
ARTICLE4
SEVERABILITY............................................................................................................................
ARTICLE 5
IMPLEMENTATION......................................................................................................................
ARTICLE 6
NON-DISCRIMINATION...............................................................................................................
ARTICLE7
TERMS.....................................................................................................................................
COMPENSATION
ARTICLE8
SALARY....................................................................................................................................
ARTICLE 9
PROBATIONARY PERIOD...............................................................................................................
ARTICLE 10
PERFORMANCE EVALUATION.......................................................................................................
ARTICLE11
PROMOTION.............................................................................................................................
ARTICLE12
RECLASSIFICATION......................................................................................................................
ARTICLE13
ACTING PAY..............................................................................................................................
ARTICLE 14
UNIFORM/CLEANING ALLOWANCE...............................................................................................
ARTICLE 15
BOOT REIMBURSEMENT..............................................................................................................
ARTICLE16
BILINGUAL PAY..........................................................................................................................
ARTICLE 17
OVERTIME COMPENSATORY TIME..............................................................................................
ARTICLE18
HOLIDAY PAY............................................................................................................................
ARTICLE 19
STAND-BY / CALL-BACK PAY........................................................................................................
BENEFITS
ARTICLE 20 HEALTH INSURANCE PROVIDER....................................................................................................
ARTICLE 21 CAFETERIA -STYLE HEALTH, WELFARE, AND & SAVINGS BENEFIT........................................................
ARTICLE 22 CHANGES TO HEALTHCARE LAWS.................................................................................................
ARTICLE 23 RETIREMENT HEALTH PLAN.........................................................................................................
ARTICLE 24 RETIREMENT PROGRAM (CALPERS).............................................................................................
ARTICLE 25 ENHANCED RETIREMENT PROGRAM: PUBLIC AGENCY RETIREMENT SERVICES (PARS) ...........................
ARTICLE 26SOCIAL SECURITY .......................................................................................................................
ARTICLE 27 DEFERRED COMPENSATION PROGRAM (401A)..............................................................................
ARTICLE 28 DEFERRED COMPENSATION PROGRAM (457)
ARTICLE 29 FLEXIBLE SPENDING ACCOUNT (SECTION 125)...............................................................................
ARTICLE 30 SHORT-TERM DISABILITY/LONG TERM DISABILITY...........................................................................
ARTICLE31 LIFE INSURANCE.........................................................................................................................
ARTICLE 32 _TUITION REIMBURSEMENT..........................................................................................................
ARTICLE33 WELLNESS PROGRAM.................................................................................................................
ARTICLE 34 COMPUTER PURCHASE PROGRAM................................................................................................
ARTICLE 35 EMPLOYEE ASSISTANCE PROGRAM (EAP)......................................................................................
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 2
TABLE OF CONTENTS
SCHEDULES/LEAVES
ARTICLE 36
VACATION ACCRUAL AND ACCRUAL CAP........................................................................................
ARTICLE37
VACATION BUYBACK...................................................................................................................
ARTICLE38
SICK LEAVE...............................................................................................................................
ARTICLE 39
CITY -RECOGNIZED HOLIDAYS.......................................................................................................
ARTICLE40
FLOATING HOLIDAYS..................................................................................................................
ARTICLE 41
TEMPORARY MODIFIED WORKSCHEDULE......................................................................................
ARTICLE 42
FLEXIBLE SCHEDULING DUE TO SPECIAL EVENTS..............................................................................
ARTICLE43
BEREAVEMENT LEAVE.................................................................................................................
ARTICLE44
JURY DUTY LEAVE.......................................................................................................................
OTHER
ARTICLE 45
ARTICLE 46
ARTICLE 47
DIRECTDEPOSIT........................................................................................................................
CITYRIGHTS..............................................................................................................................
EMERGENCYWAIVER PROVISION.................................................................................................
2021— 2023 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 other terms 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, 2021 upon approval of
the City Council.
Except as otherwise specified, this MOU is effective July 1, 2021 and will continue in effect until
June 30, 2023. 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
Code Enforcement Officer
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
1) 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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 4
2) 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 by the City are
insufficient to permit full deductions, no deduction will be made. All other legal and
required deductions have priority over employee organization dues. -
3) 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.
4) 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
5) 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.
2021-2023 MOU City of Rosemead & AFSCME Local 321 . Page 5
6) 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.
7) 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.
8) 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.
9) 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 for the use of City facilities that are designed for
employee use only. Such use is subject to applicable City regulations and availability.
10) 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 dutyfor 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.
11) Grievances: Grievances will be handled in accordance with City Administrative Policy 30-
19.
2021— 2023 MCU 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 MOU 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 5: 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, 2021 and ending June 30, 2023, unless
otherwise specified.
COMPENSATION
ARTICLE 8: COMPENSATION
Year One
Effective October 31, 2021, the top step of all salary ranges will be increased by 3%.
Effective November 1, 2021, all employees shall receive an across-the-board increase of two
percent (2%).
Year Two
Effective June 27, 2022, all employees shall receive an across-the-board increase of two percent
(2%)•
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 7
Salary Ranges/Steps: Effective with the first pay period following City Council approval of this
agreement, salary steps within ranges shall be implemented 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).
Each employee will be placed within the ten (10) step salary range of their respective position's
classification. With the conversion of salary ranges to steps to occur upon City Council approval
of this MOU, employees shall be placed on the step nearest, but not less than, their current
monthly salary.
Step Implementation: Effective October 31, 2021, all employees will be placed into the step
closest to, but not lower than, the employee's current salary. After placement into the step
system, the 2% across-the-board will then be applied effective November 1, 2021.
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, with
the concurrence of the City Manager. The first opportunity for a merit increase would be at 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.
Merit step increases cannot exceed one step. Employees whose anniversary dates occur on July
1, 2021 or later shall have their annual increase paid retroactively to their respective anniversary
date for the 2021 annual step increase.
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 step increase or delayed
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.
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. No
more than one step increase may be granted per performance evaluation period.
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.
Salary Adjustments Within Salary Range Based on Job Performance
The following provision shall apply from July 1, 2021 until the 2021 Step System is implemented
and shall then have no further effect for the remainder of this Agreement.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 8
The City's pay -for -performance system allows an employee to obtain a percentage merit salary
increase consistent with his/her annual performance evaluation. All salary increases, within the
salary range, are based on merit through the annual performance evaluations. Based on the
employee's performance rating on the performance evaluation, the employee is eligible for a
merit increase. Employees eligible for a merit increase will be eligible to receive up to a 5% merit
increase . Employee salaries may not exceed the maximum salary range within the respective
job classification.
All full-time employees are part of the Merit Based Compensation System. All salary increases,
within the salary range, are based on merit through the annual performance evaluations. Based
on the employee's performance overall rating on the performance evaluation, the employee is
eligible for a merit increase. The following is the performance rating categories and percentage
increases that an employee may be eligible for until the Step System has been implemented.
Rating Overall Performance Rating
Percentage
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 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 through October 26, 2021.
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 9
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
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. City policy 30-18 will be used to resolve any
disputes regarding unsatisfactory/needs improvement performance evaluation ratings. 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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 10
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).
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
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 11
ARTICLE 13: ACTING 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 qualified volunteers, the City may contract with a third party to perform the work of the vacant
position.
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 12 consecutive
calendar days 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 12 consecutive calendar days 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 15: BOOT REIMBURSEMENT
Maintenance Lead Worker, Maintenance Worker, Facilities Technician, or Code Enforcement
Officers shall be reimbursed up to $250 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 three (3) positions per language per site may be certified to
2021-2023 MOU City of Rosemead & AFSCME Local 321 Page 12
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) employees wish to apply for it, management will
determine the top three (3) based upon positional need. Once certified, employees will receive
a bilingual stipend of $75 per month.
Any employee who is not certified by the 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,
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. 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 10th 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.
2021- 2023 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 and is required to 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 workweek
BENEFITS
ARTICLE 20: HEALTH INSURANCE PROVIDER
The City contracts with California Public Employees' Retirement System (CalPERS) pursuant to
the Public Employees' Medical and Hospital Care Act (PEMHCA) to serve as the health insurance
provider for the City.
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 November 1, 2021,
the City will provide an additional $100 per month for excess 'out of pocket' health care premium
costs. The additional $100 per month has no cash out value.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 14
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 forthe purchase of any City sponsored
insurance, long-term care, or long-term savings program. Employees hired after October
261 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 City's 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
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 a retired employee reaches 65 years of
age, or becomes eligible for Medicare, said retiree will transition to Medicare coverage
and the City will continue to contribute towards the cost of health care coverage during
2021-2023 MOU City of Rosemead & AFSCME Local 321 Page 15
the duration of the former 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 retired 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 (CALPERS)
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.
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 16
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.
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 17
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
$1,848 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 $8,000 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.
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
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 18
or certificate and the employee must remain with the City forth ree (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
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 19
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
balance and takes an extended leave of absence will not accrue any
Year 1 -Year 13
5.38
140
14
280
13+
6.15
160
16
360
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) 13 years. For
employees with over 13 years of service (13+) 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 1-13 years of service) who works 80 hours on paid
status per pay period will accrue 5.38 hours/pay period.
An employee (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).
An employee (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.
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).
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 20
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. Once per calendar year, full-time employees are eligible to have the City buyback up to 60 hours of
accumulated unused vacation time. Effective December 10, 2021, and continuing thereafter,
employees must submit an irrevocable election form, by no laterthan December 101h of the preceding
calendar year, to buy back up to 60 hours;of accumulated unused vacation time. The payment shall
be made via payroll with the last paycheck in the following 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 may not reduce the vacation leave balance
below the equivalent of one year's accrual.
B. 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.
C. 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
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.
D. 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.
For 2021 only, for those employees with balances in Bank A, the City will allow for the buyback
of up to 40 hours of accumulated unused vacation time in Bank B and up to 20 hours of
accumulated unused vacation time in Bank A in lieu of the 60 hours provided in section A of
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 21
this Article. The sell back may not reduce the vacation leave balance in Bank B below the
equivalent of one year's accrual. The buyback request must be made in writing by November
18th, 2021, with payment to occur in December 2021.
E. 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 /p y 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.
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 CalPERS.
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 22
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.
7. 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
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
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 23
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.
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 CaIPERS. Any other balances or if an
employee 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 39: CITY -RECOGNIZED HOLIDAYS
A) The following days are recognized and observed as paid holidays:
1. New Year's Day (January 11t)
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)
S. Labor Day (the first Monday in September)
9. Veteran's Day (November 11th)
10. Thanksgiving Day
11. Christmas Eve (December 24th) — Effective December 2022
12. Christmas Day (December 25th)
2021- 2023 MOU City of Rosemead & AFSCME Local 321 Page 24
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 Day (Christmas Eve
beginning December 2022) 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: FLOATING HOLIDAYS
In exchange for the additional City recognized holidays as established in Article 39, floating
holidays are eliminated beginning calendar year 2022. Employees who received floating holiday
time in calendar year 2021must use those hours before the end of the calendar year or the hours
will be forfeited. If an employee terminates employment with the City, any unused floating
holiday hours will be forfeited.
ARTICLE 41: 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.
ARTICLE 42: 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 workweek 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
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 25
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 43: BEREAVEMENT LEAVE
In the event of the death of an employee's immediate family (defined as spouse, parent,
stepparent, 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 44: 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 up to and including 80 hours of 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
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 26
OTHER
ARTICLE 45: 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 46: 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 modifythe 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.
• 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 47: 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
2021- 2023 MOU City of Rosemead & AFSCME Local 321 Page 27
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.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 28
ROSEMEAD EMPLOYEE ASSOCIATION
BY:
Araceli Galin o
REA President
0
Vicario
Vice -President
resentative
By: _? �*
Russell Maitland
Business Representative — AF�CME
UN
/ WAyne Palica
Business Representative — AFSCME
CITY OF ROSEMEAD
BY,j )�Jt":
Gloria Molleda
City Manager
Paula Chamberlain
Interim Finance Director
Katy Suttorp
Partner — Burke, Williams & Sorensen, LLP
The parties hereto have caused this memorandum of understanding to be executed this
day of October, 2021.
2021— 2023 MOU City of Rosemead & AFSCME Local 321 Page 29
Appendix A
City of Rosemead
General Service Employees Salary Schedule
July 1, 2021 through June 30, 2023
Effective July 1, 2021- October 30, 2021
Effective October 31, 2021
Yosition Title Step_Step•.
Administrative Assistant
3,883 i
3,999
Administrative Assistant
3,953
4,918
Assistant Planner
4,826
6,139
Code Enforcement Officer
4,300
5,449
Facilities Technician
3,880
4,794
Maintenance Lead Worker
4,183
5,337
Maintenance Worker
3,548 '
4,649
Recreation Coordinator
4,222
5,131
Senior Accounting Specia list
4,106
5,378
Effective October 31, 2021
Yosition Title Step_Step•.
Administrative Assistant
3,883 i
3,999
3
4,119
Step4-.
4,243
4,370
-. 6
4,501
Step7-.
4,636
4,775
•. 9
4,918
Step 10
5,066
Assistant Planner
4,845
4,990
5,140
5,294
5,453
5,617
5,786
5,960
6,139
6,323
Code Enforcement Officer
4,301
4,430
4,563
4,700
4,841
4,986
5,136
5,290
5,449
5,612
Facilities Technician
3,783
3,897
4,014
4,134
4,258
4,386
4,518
4,654
4,794
4,938
Maintenance Lead Worker
4,214
4,340
4,470
4,604
4,742
4,884
5,031
5,182
5,337
5,497
Maintenance Worker
3,671
3,781
3,894
4,011
4,131
4,255
4,383
4,514
4,649
4,788
Recreation Coordinator
4,050
4,172
4,297
4,426
4,559
4,696
4,837
4,982
5,131
5,285
Senior Accounting Specialist
4,246
4,373
"4,504
4,639
4,778
4,921
5,069
5,221
5,378
5,539
Effective November 1, 2021
.Position
Administrative Assistant
-•
3,960
••
4,079
•e
4,201
-• i
4,327
•.
4,457
-..
4,591
••
4,729
-.
4,871
5,017
•. 10
5,167
Assistant Planner
4,943
5,091
5,244
5,401
5,563
5,730
5,902
6,079
6,261
6,449
Code Enforcement Officer
4,385
4,517
4,653
4,793
4,937
5,085
5,238
5,395
5,557
5,724
Facilities Technician
3,861
3,977-
4,096
4,219
4,346
4,476
4,610
4,748
4,890
5,037
Maintenance Lead Worker
4,297
4,426
4,559
4,696
4,837
4,982
5,131
5,285
5,444
5,607
Maintenance Worker
3,744
3,856
3,972
4,091
4,214
4,340
4,470
4,604
4,742
4,884
Recreation Coordinator
4,131
4,255
4,383
4,515
4,650
4,790
4,934
5,082
5,234
5,391
Senior Accounting Specialist
4,329
4,459
4,593
4,731
4,873
5,019
5,170,
5,325
5,485
5,650
Effective June 27, 2022
• osjtion Title
Administrative Assistant
Step 1
4,040
Step 2
4,161
Step
4,286
4,415
• ._Step
4,547
.
4,683
Step_7
4,823
Step
4,968
• a •
-5,117
• . 10
5,270
Assistant Planner
5,042
5,193
5,349
5,509
5,674
5,844
6,019
6,200
6,386
6,578
Code Enforcement Officer
4,475
4,609
4,747
4,889
5,036
5,187
5,343
5,503
5,668
5,838
Facilities Technician
3,938
4,056
4,178
4,303
4,432
4,565
4,702
4,843
4,988
5,138
Maintenance Lead Worker
4,383
4,515
4,650
4,789
4,933
5,081
5,233
5,390
5,552
5,719
Maintenance Worker
3,817
3,932
4,050
4,172
4,297
4,426.
4,559
4,696
4,837
4,982
Recreation Coordinator
4,215
4,341
4,471
4,605
4,743
4,885
5,032
5,183
5,339
5,499
Senior Accounting Specialist
4,417
4,549
_
4,685
4,826
4,971
5,120
5,274
5,432
5,595
5,763
2021- 2023 MOU City of Rosemead & AFSCME Local 321 Page 30