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CC - Item 4C - Adoption of Resolution No. 2023-48 Approving a Two (2) Year MOU Between the City of Rosemead and the Rosemead Employee Association, AFSCME Local 321, from July 1, 2023 through June 30, 2025ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 12, 2023 SUBJECT: ADOPTION OF RESOLUTION NO. 2023-48 APPROVING A TWO (2) YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD EMPLOYEE ASSOCIATION, AFSCME LOCAL 321, FROM JULY 1, 2023 THROUGH JUNE 30, 2025 SUMMARY The City Council will consider approval of a two-year Memorandum of Understanding ("MOU") with the Rosemead Employee Association ("REA"), Local 321 of the American Federation of State, County, and Municipal Employees ("AFSCME") covering all General Service employees. The MOU details the terms and conditions of employment and salary ranges effective July 1, 2023, through June 30, 2025. City representatives negotiated the tentative agreement with the Union which has also been ratified by the Union. AFSCME is the exclusive representative of employees in the City's General Service Unit. DISCUSSION The existing MOU with the Rosemead Employee Association, AFSCME Local 321, expired on June 30, 2023. The City met and conferred with REA/AFSCME regarding terms and conditions of employment. These negotiations resulted in a tentative agreement, which was ratified by the employees and is being presented to the City Council for approval in Exhibit A of the attached Resolution 2023-48. The key terms of negotiated changes in the proposed MOU are described below: Opening Section: • Recoanition & Effective Dates — This updated section includes the new effective dates of the MOU and additional classifications that are now a part of REA. • Term —The term will be for two (2) years from July 1, 2023, through June 30, 2025. AGENDA ITEM 4.0 City Council Meeting — REA 2023-2025 MOU — Reso No. 2023-48 September 12, 2023 Page 2 of 3 Compensation: o Salary Increase — On July 1, 2023, all REA employees will receive a 4% Cost of Living Adjustment ("COLA") salary increase. On July 1, 2024, all REA employees will receive a 3% COLA salary increase. o Performance Evaluations — Language was added for a two-step increase for employees that received a "Substantially Exceeds Expectations" rating. o Continuing Pay for Performance — Additionally, language was added for employees who are at Step 10 and receive a "Substantially Exceeds Expectations" annual evaluation rating are eligible to receive a one-time lump sum payment of 3% for continuing pay for performance. • Acting Pav — Amended language to provide acting pay for employees assigned to positions in a temporary acting capacity with compensation after 8 continuous days paid retroactively to the first day of acting assignment. • Boot Reimbursement — The City offers reimbursement to certain employees for the purchase of qualifying work boots. The amount has been increased from $250/year to $275/year. • Bilin ug al Pay — The City currently provides $75/month to qualified employees who consistently utilize other languages to translate during the normal course of work. This amount is being increased to $100 per month. Additionally, the three -site maximum was eliminated in favor of capping the total number of eligible employees at 15 citywide. The languages provided are Spanish, Vietnamese, Cantonese, and Mandarin. The successor MOU adds American Sign Language and any other language determined by the City Manager as qualifying languages to be compensated. • Overtime — Language clarification of overtime for employees on a 9/80 work schedule. • Stand-By/Call Back — Language has been added to clarify the rate of pay for call-back in the event the call-back is canceled before reporting to work. Employee call-back cancellation compensation has been capped at 1 -hour of rate of pay. Benefits: Cafeteria Style Health, Welfare, and Savings Benefit — The Cafeteria Style Health benefit provides $1,700/month to employees towards the cost of health, dental, and vision premiums. For employees hired on or before October 26, 2021, any unused benefit is paid to employees in either taxable cash or deposits to the employee's deferred compensation account. Employees hired after October 26, 2021 are not eligible for cash back of any unused portion of the cafeteria -style benefit, but those who choose to opt -out of medical coverage offered by the City will receive $500 per month. On November 1, 2021, the City provided an additional $100/month for `out-of-pocket' health costs with no additional cash- back allowance. Beginning July 1, 2023, the City will provide an additional $100/month for `out-of-pocket' health costs with no additional cash -back allowance for a total of $200/month for `out-of-pocket' health costs with no additional cash -back allowance. City Council Meeting — REA 2023-2025 MOU — Reso No. 2023-48 September 12, 2023 Page 3 of 3 Schedules/Leaves: Vacation Accrual and Accrual Can — The years of service for vacation accruals were amended to lower the second-tier years of service from year 1 to year 13 to year 1 to year 9, and the third -tier accrual was lowered from year 13+ to year 9+. The rate of accrual remains unchanged. Vacation Buy Back — The City currently allows employees to cash -in up to 60 hours available vacation hours once a year in December. The proposed MOU increases the buyback to 100 hours and allows for two buyback periods in June and December, with a maximum buyback in June of 50 hours and 100 hours in December for a total maximum of 100 hours per calendar year. Sick Leave — The successor MOU memorializes the City's "Catastrophic Leave Program" which allows for the donation of sick leave to eligible employees subject to the conditions outlined in the policy. STAFF RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2023-48 approving a two (2) year Memorandum of Understanding between the City of Rosemead and the Rosemead Employee Association, AFSCME Local 321, from July 1, 2023, through June 30, 2025. FISCAL IMPACT The estimated ongoing incremental annualized cost for the new terms of the MOU for the General Service Unit only is $157,200 for the first year and an additional $81,000 for the second year. Any appropriations needed for this action will be presented in the Mid -Year Budget Report. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Bryan Chua Finance Director Attachment A: Resolution No. 2023-48 with Exhibit A —Memorandum of Understanding Attachment A Resolution No. 2023-48 with Exhibit A Memorandum of Understanding RESOLUTION NO. 2023-48 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, 2023 THROUGH JUNE 30, 2025 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, 2023; WHEREAS, City representatives negotiated a tentative agreement with the Union for the term beginning July 1, 2023 through June 30, 2025, 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, 2023 through June 30, 2025, 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 12"' day of September, 2023. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROSEMEAD 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. 2023-48 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 12a' day of September, 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk EXHIBIT A MEMORANDUM 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 14 ARTICLE 2 RECOGNITION & EFFECTIVE DATES.............................................................................................4 15 ARTICLE 3 UNION RIGHTS........................................................................................................................4 15 ARTICLE SEVERABILITY..........................................................................................................................7 15 ARTICLE 5 IMPLEMENTATION....................................................................................................................7 16 ARTICLE 6 NON-DISCRIMINATION.............................................................................................................7 17 ARTICLE TERMS...................................................................................................................................7 17 COMPENSATION DEFERRED COMPENSATION PROGRAM (401A).......................................................................... 17 ARTICLE8 SALARY..................................................................................................................................7 17 ARTICLE 9 PROBATIONARY PERIOD............................................................................................................9 17 ARTICLE 10 PERFORMANCE EVALUATION.....................................................................................................9 18 ARTICLE11 PROMOTION......................................................................................................................... 10 ARTICLE 12 RECLASSIFICATION.................................................................................................................. 11 ARTICLE13 ACTING PAY.......................................................................................................................... 11 ARTICLE 14 UNIFORM/CLEANING ALLOWANCE........................................................................................... 12 ARTICLE 15 BOOT REIMBURSEMENT.......................................................................................................... 12 ARTICLE 16 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 ARTICLE43 JURY DUTY LEAVE................................................................................................................... 26 OTHER ARTICLE44 DIRECT DEPOSIT.................................................................................................................... 27 ARTICLE45 CITY RIGHTS.......................................................................................................................... 27 ARTICLE 46 EMERGENCY WAIVER PROVISION............................................................................................. 28 APPENDIXA SALARY SCHEDULE................................................................................................................. 30 APPENDIX B 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 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, 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 confersession. 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 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 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 bythe City Council with a term effective July 1, 2023 and ending June 30, 2025, unless otherwise specified. COMPENSATION ARTICLE H: 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 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. 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 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 Managers 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: 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 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 15: 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 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, 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%z 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 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. 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 401h 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 (CalPERS) pursuant to the Public Employees' Medical and Hospital Care Act (PEMHCA) to serve as the health insurance provider for the City. 2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 14 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 forthe 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 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 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 CaIPERS. ARTICLE 24: RETIREMENT PROGRAM (CALIPERS) 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 subjectto 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 MCU 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 12S) 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. 2023-2025 MOU City of Rosemead & AFSCME Local 321 Page 17 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. 2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 18 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. 2023 — 2025 MOU City of Rosemead & AFSCME Local 321 Page 20 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 101h 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 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. 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 Familv: 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 CAPERS. 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 151) 2. Martin Luther King's Birthday (the third Monday in January) 3. Presidents' Birthday (the third Monday in February) 4. Cesar Chavez (March 3151) 5. Memorial Day (the last Monday in May) 6. Juneteenth (June 191h) 7. Independence Day (July 4th) 8. Labor Day (the first Monday in September) 9. Veteran's Day (November lien) 10. Thanksgiving Day 11. Christmas Eve (December 241n) 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 11% 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 0 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 hoursofsalaryand benefits duringeach 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: DIRER 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 techn6logy 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 ROSEMEAD EMPLOYEE ASSOCIATION BY: Jimmy Limon REA President By: Janette Vicario REA Vice -President By: Amaren Rojsirivit REA Treasurer By: Russell Maitland Business Representative —AFSCME BY: CITY OF ROSEMEAD Ben Kim City Manager Bryan Chua Finance Director Katy Suttorp Partner — Burke, Williams & Sorensen, LLP The parties hereto have caused this memorandum of understanding to be executed this 12th day of September, 2023. 2023 —2025 MOU City of Rosemead & AFSCM E Local 321 Page 29 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 Building Inspector 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 Appendix B " Policy Number: 30-29 Date Established: March 3, 2022 CITY OF ROSEMEAD Date Revised: * Administrative Policy Manual City Manager Approval: SUBJECT: CATASTROPHIC LEAVE PROGRAM PURPOSE: To establish a program and procedures for employees ("donors") to be able to voluntarily donate a portion of their accumulated vacation and sick leave time for use by fellow employees ("recipients") who meet the criteria for eligibility. General Policy Due to a catastrophic illness or injury, employees may exhaust all forms of paid time off. Such seriously ill or injured employees may suffer a loss of income after the exhaustion of their paid time off. The waiting period for commencement of benefits under short-term disability insurance is typically fifteen (15) days. The purpose of this policy is to establish a program and procedures to allow employees the ability to voluntarily donate a portion of their accumulated vacation and sick leave time for use by fellow employees who meet the criteria for eligibility. Participation by donors and/or recipients in the Catastrophic Leave Program is entirely voluntary. Recipients may receive a maximum of 1,000 hours of leave donations in any twelve (12) month period. Application This Policy applies to all regular full-time City employees who have completed their initial probationary period. A. Requesting and Using Donated Leave: 1. Eligibility of Employee for Catastrophic Leave Donations: To be eligible to receive donated leave from the Catastrophic Leave Donation Bank, an employee must meet all the following conditions: i. Meet the criteria for use of sick and vacation leave in accordance with City Employee Handbook and/or applicable memorandums of understanding or Resolutions. ii. Have been employed by the City in a full-time position for at least one year and successfully completed the initial probationary period. iii. Be on an approved leave of absence based on a personal serious health condition. iv. Expect to be off work for more than fourteen (14) calendar days. v. Submit a confidential statement from a treating physician which indicates: a. That the employee's absence is due to the employee's "serious health condition," as defined by the Federal Family and Medical Leave Act and the California Family Rights Act, requires the employee's absence from work including intermittent absences that are related to the same "serious health condition": or Page 1 of 5 Page 2 of 5 Policy 30-29 Catastrophic Leave Program b. That the employee's absence is due to the need to care for a Covered Family Member with a "serious health condition," as defined by the Federal Family and Medical Leave Act and the California Family Rights Act, requires the employee's absence from work including intermittent absences that are related to the same "serious health condition"; and c. Estimates the duration of the employee's absence from work. vi. Have applied for short-term disability or long-term disability insurance, if any, or for other supplemental benefits. (The Catastrophic Leave Program does not apply to absences for which an employee is receiving workers' compensation benefits.) vii. Have exhausted all earned leave balances (including sick, vacation, compensatory time, holiday, and administrative leave). However, the City Manager may approve the request for leave donations prior to all balances being exhausted when the physician's statement and existing leave balances indicate that all such balances will be exhausted within the next two pay periods. viii. When receiving supplemental pay, the employee will only receive enough donated time needed to equal the employee's regular base pay. ix. The employee must immediately report any income received from a personal supplemental income policy. Failure to do so will result in disciplinary action, up to, and including, termination. 2. Request for Donated Leave: Eligible employees must submit to the Human Resources Manager a Request for Donated Leave Form accompanied by the statement from the employees treating physician described above. The request and accompanying physician's statement must be submitted in a sealed envelope labeled "Confidential - Request for Donated Leave" to the Human Resources Manager. If the requesting employee is unable to make the request on their own behalf, the employee's authorized agent may submit a request on the employee's behalf. 3. Approval of Request: The Human Resources Manager will approve or deny the Request for Donated Leave. If denied, the Human Resources Manager will provide the reason for such denial based on the requirements. No right of appeal shall be available to an employee whose Request for Donated Leave is denied. 4. Payment of Leave: Donated time shall be converted to a cash value based on the donating employee's hourly base rate of pay. The dollars shall then be converted to sick leave at the hourly rate of the recipient of the donation. The appropriate hours of sick leave will then be credited to the recipient for use during the catastrophic leave. Donated leave shall be paid to the employee on the first pay period following the approval date. Payments will not be made on a retroactive basis. 5. Permanent Status/Service Credit: While receiving donated hours, such employee shall not accrue credit toward permanent status, City service credit, and will be considered on an off -work status regarding accrual/eligibility for leave benefits while receiving donated leave. Page 3 of 5 Policy 30-29 Catastrophic Leave Program 6. Use of Donated Leave: Donated leave payments will be used to supplement any income the employee receives as a wage replacement, including but not limited to short-term disability benefits, long-term disability benefits or any other supplemental benefits. When receiving supplemental pay, the employee will only be credited with the amount of donated time needed to equal the employee's regular base pay. 7. Taxation: The donated hours used by the recipient are taxable to receiving employee in accordance with Internal Revenue Service regulations and are subject to withholdings as required by law. 8. No Guarantee: There is no guarantee of the availability of leave donations under this Policy, and neither this Policy nor the availability of donated leave entitles employees to a specific period of authorized leave during a catastrophic illness or injury. City authorization of leave will be determined in accordance with applicable state and federal leave and disability laws. B. Voluntary Leave Donations: Employees may voluntarily donate eligible leave, subject to the following requirements: 1. Eligible Leave: Accrued sick and vacation leave. 2. Employee Status: Any full-time employee, who has successfully completed the initial probationary period with the City, is eligible to participate as a donor in this program. Only accumulated vacation and sick leave maybe donated. No other types of accrued leave may be donated. 3. Minimum Donations: Employees may only donate from their accumulated eligible leave balance. The donation must be a minimum of 9 (nine) hours. Donations must be a whole hour increments; no fractions of hours may be donated. 4. Minimum Leave Balance: An employee donating sick leave must retain at least one hundred sixty (160) hours of accumulated sick leave in their own personal balance of sick leave, as of the date of donation in order to be eligible to donate sick leave hours. An employee donating vacation leave must retain at least one hundred sixty (160) hours of accumulated vacation in their own personal vacation leave accrual bank, as of the date of donation. 5. Donation Acceptance/Denial: Human Resources Staff shall accept or deny each offered donation in accordance with the requirements of this Policy. 6. Donations Irreversible: Donations of leave shall be dispersed as the need arises. Time is released on a pay period by pay period basis. All donations are irreversible. However, only hours needed by the recipient will be transferred from the donor's account each payroll cycle. Retroactive donations are not permitted. 7. Prohibition on the Sale of Sick Leave: The sale of accrued sick leave to any employee is not permitted. 8. Confidentiality of Donations: All donations shall be kept confidential. 9. The donated time shall be converted to dollars at the hourly rate of the donor. The dollars shall then be converted to sick leave at the hourly rate of the recipient of the donation. The appropriate hours of sick leave will then be credited to the recipient Page 4 of 5 Policy 30-29 Catastrophic Leave Program for use during the catastrophic leave. Hours will not be removed from the donor nor credited to the recipient until needed for a particular pay period. 10. Employees who are separating from City service are permitted to donate thirty (30) days prior to their date of voluntary resignation. Otherwise, employees who are separating are not eligible to donate. 11. In the event that an employee receives catastrophic leave donations related to the filing of a workers' compensation claim that is delayed or denied but is later deemed to be compensable and the employee's time off is converted to salary continuation or temporary disability, the City shall return such catastrophic donations, in all or part to the donors in the inverse order that the hours were applied. 12.Taxation: Pursuant to IRS Ruling 90-29, leave donated under this program shall not be considered wages for the donating employee and will therefore not be included in the donating employee's gross income or subject to withholding. C. Procedure 1. Employee requesting donated hours i. Applies for Leave of Absence Without Pay prior to exhausting all accrued leaves. ii. Contacts Human Resources to obtain the Employee Request Donation of Leave form. iii. Meets eligibility requirements and has qualifying illness of self or immediate family member. iv. Submits the Employee request of Donation of Leave form to Human Resources Manager along with documentation from a qualified health provider. 2. Human Resources L Verifies the employee has been placed on a Leave of Absence Without Pay. ii. Determines the employee's eligibility for catastrophic leave donations; verifies compliance with FMLA/CFRA provisions; notifies recipient of determination. iii. Initiates a written communication (email message) to all departments announcing the need for donations. iv. Reviews and if appropriate, approves the donation eligibility and submits the appropriate paperwork to Finance. 3. Finance i. Receives the approved donation form from Human Resources and begins tracking of donated and used hours. Donations will be processed in the order of the date the application form was submitted to Human Resources. If one or more donors donate time on the same date, the donations will be drawn in alphabetical order of the donor's last name. Page 5 of 5 Policy 30-29 Catastrophic Leave Program ii. As needed, pledged hours shall be debited from the donor's leave balance, converted to a cash equivalent, and credited to the recipient's usable accrual balance. Once credited, the donation becomes irrevocable. If donated hours have not been credited, the donor may rescind the donated hours at any time. The Catastrophic Leave Donation Program may be abolished at any time, at the discretion of the City, subject to the meet and confer process on the effects of the abolishment. Employee Name: Cell Phone Number: Job Title: Policy No: _30-29 Effective Date: March 2, 2022 City of Rosemead Catastrophic Leave Program Request for Catastrophic Leave Donation Last Name Department: Email: First Name MI EE ID# Division: I, request that the City of Rosemead set up an employee catastrophic leave donation bank. I certify that I will have exhausted all earned leave balances (including sick, vacation, compensatory time, holiday, and administrative leave) as of Please explain the reason for the request of donation of leave hours: I have attached a statement from a treating physician indicating the need for Ieave:F—]Yes FIND Signature: TO BE COMPLETED BY AUTHORIZED AGENT (if applicable): Name: Cell Phone: Signature: HUMAN RESOURCES USE ONLY Approve ❑ Deny ❑ Human Resources Manager Signature: City Manager's Signature: Date: Relationship to Employee: Email: Date: Date: Date: If you have any questions, please contact the Human Resources Department at (626) 569-2145 or via email at kruedaO-citvofrosemead.org. Date: Policy No: _30-29 Effective Date: March 3, 2022 City of Rosemead Catastrophic Leave Program Voluntary Leave Donation Form Recipient's Name: Recipient's Department/Division: The recipient of this leave donation has been determined eligible to receive donated sick leave and/or vacation leave, based on the eligibility requirements of the Catastrophic Leave Program, Policy No. 30- 29. Minimum Donations: Employees may only donate from their accumulated sick and/or vacation eligible leave balance. The donation must be a minimum of 9 (nine) hours. Donations must be a whole hour increments; no fractions of hours may be donated. Minimum Leave Balance: An employee donating sick leave must retain at least one hundred sixty (160) hours of accumulated sick leave in their own personal sick leave bank. An employee donating vacation leave must retain at least one hundred sixty (160) hours of accumulated vacation leave in their own personal vacation leave bank. Leave donations will be used in the order received. If you wish to donate and assist , please complete the form and return to the Human Resources Department. The Catastrophic Leave Program is voluntary. Your support of this program is greatly appreciated. If you have any questions, please contact Human Resources at (626) 569-2145 or via email at kruedaa-citvofrosemead.org. Catastrophic Leave — Donations of Sick Leave and/or Vacation Leave Employee's Name (Donor) Cell Phone Number Employee ID # Job Title Email Division/Department I, the above-named employee, request and authorize the City of Rosemead to transfer hours (9 hours minimum) of my accrued leave balances (please indicate below): ❑ Vacation Leave Hours ❑ Sick Leave Ho Employee's Signature (Donor) Date HUMAN RESOURCES USE ONLY Date Received