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HomeMy WebLinkAboutContracts & Agreements_253-2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE REDLANDS ASSOCIATION OF MID-MANAGEMENT EMPLOYEES JULY 1, 2018 - JUNE 30, 2023 IZEDI1NgS "ALhYlkssWovs^ MEMORANDUM OF UNDERSTANDING Between The City of Redlands And Redlands Association of Mid-Management Employees TABLE of CONTENTS Article 1. Term of Memorandum of Understanding ...................................... 4 Article 2 Preamble ............................................... 4 Article 3 Recognition....................................... .. 4 Article 4. Management rrghts.. .. . . ....4 Article 5. Probationary Period 4 Article 6. Salaries . .. ........................................ 5 Article 7 Retirement . ........................................... 5 Article 8 Deferred Compensation.............................. . .,.6 Article 9 401 A PLAN ........................ . ......................6 Article 10. Longevity Pay.. ......................................... 7 Article 11. Insurance Adjustment . .. ........................................ 7 Article 12 Working Out Of Classification Pay .............................. 7 Article 13 Special Assignment Pay............................. . . ... ....7 Article 14. Health Insurance............... . . .........................8 Article 15. Dental Insurance. ............................................. 9 Article 16. Vision Care ........................................... 9 Article 17 Life Insurance ................................................ 9 Article 18 Vacation ............................................. 9 Article 19. Sick Leave ................ . . . ......9 Article 20. Bereavement Leave . ...................... 10 Article 21 Executive Leave . . ........................................... 11 Article 22 Leave Of Absence Without Pay............................................ .. 11 Article 23 Military Leave.................................................... 11 Article 24 Holidays............................... . . .................... 11 Article 25. Tuition Reimbursement ........................................1. 12 Article 26. State Disability Insurance (S ❑ I ) ........................................... 12 Article 27 Personnel File ......................................... . 12 Article 28 Dues Deduction.......................................... . ..... 13 Article 29 Direct Deposit........................ .......................... 13 Article 30. Fair Labor Standards Act ....................................... 13 City of Redlands I RAMME MOU 2018 2023 k RAMME Approval IV Article 31 Prevailing Benefits .............. ...... 13 Article 32 Savings Clause ................ 13 Article 33. Bilingual Pay ............... .............. 13 Article 34 Agency Shop ................... .............. 13 Article 35 Disciplinary Procedure ............... 14 Article 36 Grievance Procedure.... ................... .......... 18 Article 37 Layoff Procedure. ................ ................ .. 23 Article 38 Zipper Clause ................. ............... .. 24 City of Redlands I RAMME MOU 2018 20 RAMME Approval Article 1. TERM OF MEMORANDUM OF UNDERSTANDING The City of Redlands (City) and the Redlands Association of Mid-Management Employees (RAMME) agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2018 and shall expire on June 30, 2023 Article 2. PREAMBLE It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between employees represented by The Redlands Association of Mid-Management Employees (RAMME) and the City of Redlands Article 3. RECOGNITION A unit employee shall be defined as an employee of the City and assigned to the RAMME unit by the City Manager in accordance with City policies and procedures Article 4. MANAGEMENT RIGHTS The authority of the City includes the exclusive right to A determine the mission of its constituent departments, commissions and boards, with the exception of boards or commissions granted authority under State Law, per City of Redlands Resolution 6757, B set standards of service; C determine the procedures and standards of selection for employment and promotion, D direct its employees, E take disciplinary action, F relieve its employees from duty because of lack of work or for other legitimate reasons, G maintain the efficiency of work, H maintain the efficiency of governmental operations, I. determine the methods, means and personnel by which government operations are to be conducted, J determine the content of Job classifications; and K Take all necessary actions to carry out its mission in emergencies, exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the effects that decisions on these matters may have on wages, hours and other terms and conditions of employment Article 5. PROBATIONARY PERIOD Unit employees s hired by the City on or after City Council adoption of the 2012-2015 MOU, shall serve a probationary period of twelve (12) months Unit employees who are promoted shall serve a probationary period of six (6) months Probationary periods may be extended as set forth in the City's Personnel Rules and Regulations City of Redlands I RAMME MOU 2018 RAMME Approval 0 Article 6. SALARIES All Unit employees will receive the following salary increases A Effective the first payroll period following July 1, 2018, all Unit employees will receive a three percent (3%) increase to base salary. B Effective the first payroll period following July 1, 2019, all Unit employees will receive a three percent (3%) Increase to base salary over the prior year C Effective the first payroll period following July 1, 2020, all Unit employees will receive a three percent (3%) Increase to base salary over the prior year Unit employees shall not receive any increase to base salary or other compensation during the term of this MOU, other than those Increases and compensation expressly set forth in this MOU Article 7, RETIREMENT A 1 Effective the first payroll period commencing on or after City Council adoption of the 2012-2015 MOU and adoption by the Council and Implementation of necessary CAPERS resolution(s) addressing the amount of employer funding of "classic" normal member employee CalPERS contributions, all "classic" unit members employed prior to March 11, 2010 shall Individually fund 3 0% of compensation earnable (42 87% of the 7% of compensation earnable, which is presently the maximum "classic" normal member employee CAEPERS contribution) as and for the unit member's normal employee PERS "Classic" unit members hired on or after March 11, 2010 shall continue to individually fund 5% of compensation earnable as and for the individual member's normal employee PERS contribution (The term "classic" member is defined in the Public Employee's Pension Reform Act of 2013-"PEPRA ") 2. Effective the first payroll period commencing on or after July 1, 2014, all "classic" unit members including those employed prior to March 11, 2010 shall fund 5%of compensation earnable (714% of the 7% of compensation earnable) as and for the individual member's normal employee PERS contribution 3 Effective the first payroll commencing on or after January 1, 2015, all "classic" unit members Including those first employed on and after March 11, 2010, shall personally fund 100% of the 7% of compensation earnable as and for the individual member's normal employee PERS contribution All "classic" member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member's CalPERS account Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or legal basis, the City shall not report to CalPERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS which are funded by the employee City of Redlands I RAM ME MOU 20 .8 202 RAMME Approva To the extent that this MOU mandates payment by the City of a part of the above "classic" unit member's normal employee PERS contribution, the City shall make said payments on a pre-tax basis to the extent authorized to do so by the IRS and the Franchise Tax Board B 1 AB 340, the Public Employee's Pension Reform Act of 2013 — "PEPRA" (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of the 2012-15 MOU, as described below Any provision in the 2012-15 MOU which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect Therefore, no provision of AB 340 shall be deemed to impair any provision of the 2012-15 MOU or any MOU, Agreement, Rule or Regulation predating the 2012-15 MOU 2 Unit employees who are "new members" as defined in the above AB 340, shall individually pay an initial Member CALPERS contribution rate of 50%of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said newly hired member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater (AB 340 — Government Code section 7522 30) 3 Unit employees who are "new members," as defined in the above AB 340, on and after January 1, 2013, shall be enrolled in the AB 340 retirement plan of 2%@62 (Government Code section 7522 20(a), with final pensionable compensation (as defined for new members in Government Code § 7522 34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months (Government Code § 7522 32(a) ) C The City shall continue to include in this contract with CalPERS, the following provisions HIGHEST SINGLE YEAR SURVIVOR CONTINUANCE 2% @ 55 RETIREMENT FORMULA Article 8 DEFERRED COMPENSATION The City will provide a 457 (b) deferred compensation plan to Unit employees Unit employees may make voluntary contributions to the 457 (b) plan up to the maximum allowed by law Participation by Unit employees is optional and all costs shall be borne by the participating employee Article 9. 401 A PLAN City shall pay the cost to administer a 401 A Retirement Plan The City agrees to make a contribution in January of each year, on behalf of each Unit employee in the amount of eight hundred and sixty dollars ($860) per year to the City's 401(a) deferred compensation plan For new Unit employees, and employees transferring into the Unit, the amount shall be prorated on a monthly basis for period of service within Unit City of Rediands I RAMME MOU 2018-2023 RAMME Approva n i Upon retirement from the City, Unit employees shall deposit the cash value of vacation leave, floating holidays, and eligible sick leave Into the 401(a) deferred compensation account in the maximum amount allowable by the IRS Article 10. LoNGEvITYPAY Unit employees hired prior to March 11, 2010 with twenty (20) years continuous service with the City shall advance to Step "F" on the salary resolution effective at the beginning of the pay period beginning closest to the first day of their 21S1 year of service In the event that a Unit employee is not at the E step when he/she is eligible forthe F step, at the completion of twenty (20)years of service,the Unit employee will advance to the next step in their salary range, and continue to advance within the range based on merit until the Unit employee reaches the F step Unit employees hired on or after March 11, 2010 shall not be eligible for "F" step longevity pay Article 11. INSURANCEADJUSTMENT The City agrees to pay each Unit employee a cash payment in the amount of one hundred fifty dollars ($150) to offset the co-payments and deductibles payable under their medical insurance plan This insurance adjustment shall be pro-rated at twelve dollars and fifty cents ($12 50) per month Article 12 WORKING OUT OF CLASSIFICATION PAY Whenever the needs of the City require a Unit employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period of time that the employee works out of classification Out of classification pay shall be at a flat rate of five-percent (5%) of base salary In order to receive out of classification pay the following provisions must occur A A vacancy or absence must exist for out of classification pay to be paid B The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation C The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay D. The employee shall have completed five (5) consecutive full work days In the higher classification and shall then be eligible for out of classification pay commencing with the sixth (6th) consecutive day working out of classification and continuing for all consecutive days worked thereafter Working out of class pay will only be authorized upon recommendation to the City Manager or his or her designee by the Department Director, and will require a Personnel Action Form with supporting documentation justifying the assignment Article 13. SPECIAL ASSIGNMENT PAY Special assignment pay will only be authorized upon recommendation to the City Manager by the Department Head and will require a Personnel Action Form with supporting documentation justifyingthe special assignment Unit employees performing in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for City of Redlands l RAMME MOU 2018-2023 RAMME Approval �� Special Assignment Pay Special Assignment Pay shall beat a flat rate not to exceed ten percent (10%) of base salary Special Assignment Pay will only be authorized upon Department Head recommendation, Human Resources Director concurrence and City Manager approval Article 14 HEALTH INSURANCE A Only for Unit employees hired by the City prior to March 11, 2010,the health insurance rates in effect on January 1, 2012 are the "flat dollar" City contribution amount The City shall fund employee and eligible dependent medical insurance in an amount not to exceed the January 1, 2012 PERS Choice health insurance rates (the highest of eitherthe Los Angeles area or other Southern California area as those terms are defined by CAPERS ) 2012 PERS CHOICE RATES PREMIUM PREMIUM CONTRIBUTION COVERAGE LEVEL CONTRIBUTION' PERS PERS CHOICE OTHER CHOICE LOS ANGELES SOUTHERN CALIFORNIA AREA AREAS Employee Only $50563 $526 19 Employee Plus One Dependent $1,011 26 $1,05238 Employee plus Two or more Dependents $1,31464 $1,36809 B Only for Unit employees hired by the City priorto March 11, 2010, effective January 1, 2014, and each January 1 thereafter,the maximum City funding of employee and eligible dependent health insurance shall be increased in an amount equal to 50% of the dollar amount of the increase in PERS Choice health insurance rates The initial January 1, 2014 increase, if any, shall represent the differential between the 2013 and 2014 rates C For Unit employees hired on or after March 11, 2010, the City will contribute a maximum monthly health insurance contribution of three hundred and ninety seven dollars ($397 00) per month pursuant to Resolution No 4572, adopted by the City Council on September 5, 1959 Additionally, the Citywill contribute on a monthly basis$503 to be utilized by the employee to purchase/contribute toward health insurance premiums D After completion of twenty(20)years of continuous service with the City, and upon service retirement under the CalPERS retirement plan, a Unit employee hired prior to March 11, 2010 may elect fully paid medical insurance under the City's medical insurance program for the Unit employee and their eligible dependents Unit employees hired on or after March 11, 2010 are not eligible for this benefit E Unit employees who do not qualify for life-time medical and retire with fifteen (15) years of service shall be entitled to a "medical bridge" program for themselves upon retirement from the City until they become Medicare-eligible "Medical Bridge" is defined as employee-only coverage and Unit employees who are eligible for bridge insurance will be entitled to the least expensive equivalent health and dental insurance plan as provided by the City to Its existing Unit employees through the City of Redlands I RAMME MOU 2018-2023 RAMME Approval : CalPERS medical plan until the employee reaches the age of Medicare eligibility at which time the benefit will cease Unit employees who receive the medical bridge program can select coverage for dependents, however, the additional cost must be paid for by the respective Unit employee and will not be paid for by the City F The City agrees to provide a stipend of $350 00 on a monthly basis for those Unit employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit Article 15. DENTAL INSURANCE The City agrees to pay the full monthly premium for dental insurance under the City's dental plan or its equivalent for each Unit employee and all eligible dependents Article 16. VISION CARE The City shall reimburse Unit employees an amount up to two hundred twenty five dollars ($225) per year for the purchase of frames and lenses or contact lenses for the Unit employee or their eligible dependents Article .17. LIFE INSURANCE The City shall contribute the monthly premium for a life insurance policy in the amount of twenty five thousand dollars ($25,000) for all Unit employees. Article 18. VACATION A The vacation accrual for employees in the unit shall be as follows YEARS OF SERVICE ACCRUAL RATE—HOURS 0-5 80 6-7 120 8-9 128 10-11 136 12-13 144 14-15 152 16-20 160 21 168 22 176 23 184 24 192 25+ 200 Article 19. SIexLEAVE A ACCRUAL_ Sick leave shall accrue on an hourly basis at the rate of eight (S) hours per calendar month of service City of Redlands I RAMME MOU 2018-2023 RAMME Approval v w B BUY BACK In November of each calendar year, each affected Unit employee may elect to be paid cash at his/her current hourly rate for each sick leave day accumulated during the preceding calendar year in excess of six (6) sick leave days A total of one (1) year's accumulation of ninety-six (96) hours must be on the books prior to any compensation being paid In lieu of this buy back, Unit employees may choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount C SICK LEAVE USE UPON RETIREMENT 1 Unit employees taking service retirement under the PERS retirement plan may elect to have all sick leave accrued at the time of retirement converted to cash value at their final rate of pay and applied to applicable medical insurance premiums for the Unit employee and their eligible dependents until said cash value is exhausted The cash value is subject to all applicable taxes In the event that the employee dies prior to the exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy 2 After completion of twenty (20) years of continuous service with the City, and upon service retirement under the PERS retirement plan, a Unit employee hired prior to March 11, 2010 may elect fully paid medical insurance under the City's medical insurance program for the Unit employee and their eligible dependents Unit employees hired after March 11, 2010 shall not be eligible for this benefit D SICK LEAVE CASH OUT Upon separation of service with the City, Unit employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula YEARS OF SERVICE PERCENT 10- 15 25 16-20 35 21+ 50 Unit employees electing this option shall be responsible for any and all future health premiums, i e Unit employees shall exercise this option in lieu of the Sick Leave Use Upon Retirement option as described in Article 19 C 1 E SICK LEAVE CONVERSION Unit employees shall have the option of converting one hundred percent (100%) of individual sick leave accruals to service credit This option shall be exercised in lieu of conversion to cash value Article W BEREAVEMENT LEAVE In the event of a death in the immediate family, a Unit employee shall be compensated with four (4) days paid leave In addition, Unit employees may be allowed to use accrued sick leave with full pay not to City of Redlands I RAMME MOU 2018-2023 RAMME Approval/ m exceed three (3) days Immediate family shall be defined as the following relatives to either the Unit employee or spouse spouse, registered domestic partner, significant other of the employee (provided the employee shows proof of cohabitation), child (Including foster child or ward of the court), parent, grandparent, brother, sister, niece, nephew, step-parent, step-children, and grandchildren The definition of Immediate family shall also include the aunt and uncle of the Unit employee only Article 21. EXECUTIVE LEAVE Unit employees shall receive Executive Leave in the amount of one hundred twenty hours (120) per year On January 1 of each calendar year, each full-time Unit employee shall be credited with one hundred twenty (120) hours of executive leave Unit employees hired between July 1 and October 31 of any calendar year shall be credited with sixty (60) hours of executive leave for that year, and Unit employees hired between November 1 and December 31 will not be credited with executive leave for that year All accumulated executive leave hours not taken by December 311t of each calendar year will be forfeited Article 22. LEAVE OFABSENCE WITHOUT PAY If a Unit employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals shall be adjusted proportionately to eliminate benefit accruals for any day a Unit employee is on leave without pay status Article 23, MILITARYLEAVE Military leave shall be granted in accordance with applicable State and Federal law All Unit employees entitled to military leave shall give their department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken Copies of the Unit employee's official military orders may be requested Article 24. HOLIDAYS Those holidays which shall be honored for Unit employees include New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11 Thanksgiving Day Third Thursday in November Friday after Thanksgiving Day Third Friday in November Christmas Eve December 24 Christmas Day December 25 City of Redlands I RAMME MOU 2018 2023 RAMME Approval ! Two (2) Floating Holidays* f: When a holiday falls on a Saturday, Friday shall be designated as the holiday When the holiday falls on a Sunday, Monday shall be designated as the holiday Unit employees shall not be allowed to carry floating holidays over from one calendar year to the next Floating holidays accrued but not taken by December 31 of each calendar year shall be paid off in January of the year following the year in which the holidays were accrued Banked holidays may be carried over from year to year If a holiday falls on a Unit employee's regular day off, they will receive holiday compensation at the rate of their standard work schedule or will be entitled to take another day off during the pay period with mutual consent of the Unit employee and department head Article 25 TuiTION RamBURSEMENT Each Unit employee shall be entitled to tuition reimbursement for courses, books and other learning aids while attending an accredited school of higher learning The course must be career related, pre-approved by the Unit employee's department head and the Unit employee must earn a passing grade to receive reimbursement Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California, Riverside An employee shall not receive reimbursement in excess of Two Thousand dollars ($2,000) in anyone fiscal year The difference between the City's maximum obligation during any fiscal year and the amount of any actual reimbursement received by the employee during that fiscal year shall not be carried over or be available to use by the employee in any subsequent fiscal year Upon the approval of the department head, a Unit employee may use up to two hundred-fifty dollars ($250)per year of their Tuition Reimbursement for attendance at a seminar or conference for the purpose of professional development Article 26. STATE DISABILITYINSURANCE(S D I) The City agrees to allow members of Unit to participate in State Disability Insurance (S D I ) if they choose to do so at the Unit employee's expense Article 27. PERsoNNEL PILE No material, which can reasonably be construed, interpreted, or acknowledged to be derogatory, shall be placed in a Unit employee's personnel file unless the Unit employee has been allowed to read such material and respond to it, in writing The written response will also be placed in the personnel file Upon request, any Unit employee shall have access to their personnel file, and shall have the right of reproduction, at cost, of their personnel file, in full or in part No portion of a Unit employee's personnel file shall be transmitted to anyone other than the City Manager, the Human Resources Director, or Department Head City of Redlands I RAMME MOU 2018 2023 RAMME Approval �! Article 28. DUEsDEDUCTION The City shall deduct one (1) month's current and periodic RAMME dues from the wages of each Unit employee who voluntarily executes and delivers to the City the payroll deduction authorization form The Unit employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues checkoff authorized When a Unit employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings In the case of a Unit employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made In this regard, all other legal and required deductions have priority over dues Article 29. DIRECT DEFOSIT Direct deposit of employee paychecks shall be available to Unit employees Article 30. FAIR,LABOR STANDARDSACT Unit employees shall be classified as "exempt" from the overtime provisions of the Fair Labor Standards Act (FLSA) Article 31. PREVAILING BENEFITS All benefits, privileges and working conditions enjoyed by Unit employees at the present time shall remain in full force, unchanged and unaffected in any manner, during the term of this MOU unless changed by mutual consent Article 32. SAvINGs CLAUSE If any provision of this MOU, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation,the remaining parts or portions of this MOU shall remain in full force and effect Article 33. BILINGUAL PAY Unit employees shall be eligible for bilingual pay in accordance with the City's Bilingual Pay Program and upon approval by the Department Head and Human Resources/Risk Management Director Article 34. AGENcYSHop The association has an Agency Shop agreement with the City by which all members of the bargaining unit are required either to 1) pay association dues, 2) pay a service fee for association services or 3) allow their fee to be contributed to a charity of the association's choice if they are members of a religious organization which has opposition to membership in a labor organization City of Redlands I RAMME MOU 2018 2023 RAMME Approval Article 35 DisuPLINARYPROCEDURE, A The Investigatory Interview Process Prior to any Investigatory interview or consultation between a Unit employee and the Department Head or City Manager, that could reasonably be construed to result In disciplinary action against the employee, the employee shall be given notice of the Interview or consultation as soon as reasonably practical, and shall be advised of his or her right to representation under this section, and upon request shall be afforded an opportunity to contact and consult privately with a representative of the Association If requested, the employee may have an Association representative present during any such investigatory interview or consultation, and, to the extent practicable, such Interviews or consultations shall be conducted during an employee's working hours Only those persons reasonably necessary to the conduct of the interview shall be present The employee or the City may elect to record any such investigatory interview or consultation, unless the parties mutually agree not to record such interview or consultation, however, In the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording The cost of providing a copy of the recording to the employee shall be borne by the employee B Disciplinary Procedures No non-probationary Unit employee shall be disciplined without cause Disciplinary action shall be defined to Include oral warnings, written reprimands, suspensions, demotions (non-probationary), reduction in pay and discharge Oral and written reprimands may be initiated at the supervisor/Division Manager level Disciplinary action more serious than a written reprimand must be initiated at the Department Head level 1 Notice of Proposed Action Whenever an employee is to be discharged, suspended (for more than five (5) working days) demoted (non-probationary), or reduced in step, for disciplinary purposes, written notice of at least five(5)1 days of the proposed disciplinary action shall be given before such action is to be taken and must include a Notice of proposed action, b Reasons for proposed action, c A copy of charges stating specific Incidents or specific courses of conduct, e g as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based, and d A notice to the employee of the right to respond in writing or orally within the five (5) day period In the case of a suspension of five (5) working days or less,the foregoing procedures shall be afforded the employee either before or during the suspension, or within a reasonable time thereafter Unless specifically noted to be"working days," any reference to days is calendar days City of Redlands I RAMME MOU 2018 2023 RAMME Approva� I 2 Limitations and Exceptions a Oral notice is insufficient as full notice to an employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action b Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved c Employees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, orto avert serious disruption of governmental business The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may warrant Extraordinary circumstances include but are not limited to situations involving misappropriation of public funds or property, working while under the influence of alcohol or intoxicating drugs, open insubordination, commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more, and disruption of City business through willful misconduct (altercations, etc ) d Oral notice is insufficient as full notice for proposed disciplinary action In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally The employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice 3 Employee's Response to Proposed Discipline a An employee receiving a Notice of Proposed action shall have the right to respond to the Department Head An employee's opportunity to respond to the Department Head is not intended to be an adversary hearing An employee has the right to have a representative of his/her own choosing at the meeting The employee shall not be accorded the opportunity to cross-examine a department's witnesses, nor to present a formal case in opposition to the proposed discipline However, the limited nature of this response does not obviate the Department Head's responsibility to initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of the Department Head's information leading to the discipline proposal An employee may elect not to respond, thereby waiving any further pre-disciplinary response b The Department Head will evaluate the proposed discipline in light of the employee's response, if any Within ten (10) days of the employee's response, or deadline for response, a decision will be transmitted in writing to the employee Service of the decision will be in person or by mail 4 City Manager Level Appeal a Any permanent employee shall have the right to appeal any termination, suspension, reduction in salary, or non-probationary demotion The appeal process shall not be applicable to those positions which maybe deemed exempt or to probationary employees The appeal process shall not be applicable to verbal and written reprimands, probationary demotions, City of Redlands I RAMME MOU 2018 2023 RAMME Approva performance evaluations and denial of performance increases An employee desiring to appeal the Department Head's decision shall have ten (10) days after receipt of the response to file an appeal The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager's office within the ten (10) day period b If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal meeting shall be scheduled c The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 2(C) above d The City Manager will evaluate the discipline in light of the employee's response, if any Within ten (10) days of the employee's response a decision will be transmitted in writing to the employee Service of the decision will be in person or by mail 5 Advisory Arbitration a An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager's office within the ten (10) day period b If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows i The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee Within ten (10) days following receipt of the list of hearing officers,the parties shall confer to select the hearing officer The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer n Where practicable,the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager The parties may stipulate to a longer or shorter period of time in which to hear the appeal All interested parties shall be notified in writing of the date, time, and place of hearing iii All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public iv Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer v The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses Any relevant evidence shall be admitted if it is the sort of evidence on City of Redlands I RAMME MOU 2018 2023 RAMME Approval which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded The hearing officer shall not be bound by technical rules of evidence The hearing officer shall rule on the admission or exclusion of evidence vi. Each party shall have these rights To be represented by legal counsel or other person of his/her choice, to call and examine witnesses, to introduce evidence, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination Oral evidence shall be taken only on oath or affirmation A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary vii The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs I The party imposing discipline shall be permitted to make an opening statement, 2 The appealing party shall then be permitted to make an opening statement, 3 The party imposing disciplinary action shall produce the evidence on his/her part, the City bears the burden of proof and burden of producing evidence, 4 The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof,the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted, 5 The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case, 6 Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer c The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence He/she shall base his/her findings on the preponderance of evidence During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs No still photographs, moving pictures, or television pictures shall betaken in the hearing chamber during a hearing The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing His/her decision shall set forth which charges, if any, are sustained and the reasons therefore The opinion shall set forth findings of fact and conclusions City of Redlands I RAMME MOU 2018 2023 RAM ME Approva4Z, - d The hearing officer may recommend sustaining or refecting any or all of the charges filed against the employee He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee He/she may not recommend discipline more stringent than that issued by the City Manager e The hearing officer's opinion and recommendation shall be filed with the City Council, with a copy sent to the charged employee, and shall set forth his/herfindings and recommendations If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action f Within sixty (60) days of the receipt of the hearing officer's findings, recommendation, and transcript, the City Council shall adopt, amend, modify or refect the recommended findings, conclusions, and/or opinions of the hearing officer Prior to making a decision which modifies or refects the recommendation of the hearing officer,the City Council shall order and read the transcript of the hearing Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option The City Council shall not conduct a de novo hearing The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side The decision of the City Council shall be final and conclusive Copies of the City Council's decision, including the hearing officer's recommendation(s), shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Council g Each party shall equally bear the cost and fees of the hearing officer, the cost of facilities, the court reporter and transcripts Each party shall bear its own witness and attorney fees If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee This process shall not apply to mutual settlements by the parties which result in a hearing officer fee h In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Council, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Council, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay,the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate i The provisions of Section 1094 6 of the Code of Civil Procedure shall be applicable to proceedings under this Section Article 36 GRIEVANCE PROCEDURE A Definition A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure This procedure is not to be used in lieu of the Disciplinary Appeal Procedure set forth City of Redlands I RAMME MOU 2018 2023 RAMME Approval B Procedure 1 Every effort shall be made to resolve a grievance through discussion between the employee and his/her Immediate supervisor It is the spirit and Intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance Every effort should be made to find an acceptable solution at the lowest level of supervision Within fifteen (15) days2 after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based,the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor A supervisor shall render a verbal decision within seven (7) days of the conclusion of the informal conference 2 If the problem cannot be resolved between the employee and the supervisor,the employee may, within seven (7) days from the date of receiving the answer from his/her supervisor,file a written grievance and request a meeting with the Division Manager, if one exists, in order to discuss the grievance The written grievance shall contain the following information a Name of grievant and fob title, b Department/Section, c Clear and concise statement of the nature of the grievance including the circumstances and dates involved, d The specific provision(s) of the MOU, City Policy or Personnel rules alleged to have been violated, e Requested remedy, f Name of the grievant's Labor Representative, If any, and g Date and signature of the grievant or Labor Representative 3 The Division Manager shall render a decision and comments in writing and return them to the grievant within ten (10) days after receiving the written grievance 4 If the Division Manager and employee cannot reach a solution to the grievance (or If a Division Manager does not exist), the employee may, within seven (7) days from the date of receiving the answer from the Division Manager, request, in writing, a meeting with the Department Head 5 The Department Head shall render his/her decision in writing within fifteen (15) days of receiving the appeal If the Department Head and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) days from the date of the decision by the Department Head, submit a written appeal to the Human Resources Director 6 The City Manager shall review the grievance and respond to the employee within twenty (20) days of receiving the appeal The response shall be in writing 7 An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal The employee's request for appeal must be addressed to the z Days refer to calendar days City of Redlands I RAMME MOU 2018 2023 E RAMMEApproval �1 Human Resources Director and received in the Human Resources office so that same is date stamped by the Human Resources office within the ten (10) day period 8 If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows a The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer b Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the Duman Resources Director The parties may stipulate to a longer or shorter period of time in which to hear the appeal All interested parties shall be notified in writing of the date,time,and place of hearing c All hearings shall be private provided, however, that the hearing officer shall, at the request of the grievant, open the hearing to the public d Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer e The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded The hearing officer shall not be bound by technical rules of evidence The hearing officer shall rule on the admission or exclusion of evidence f Each party shall have these rights To be represented by legal counsel or other person of his/her choice, to call and examine witnesses, to introduce evidence, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination Oral evidence shall be taken only on oath or affirmation A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary City of Redlands I RAMME MOU 2018 2023 RAMME Approval, g The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs i The grievant shall be permitted to make an opening statement, ii The City shall then be permitted to make an opening statement, iii The grievant shall produce the evidence on his/her part, the grievant bears the burden of proof and burden of producing evidence, iv The City may then open its defense and offer its evidence in support thereof,the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted, v The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case, vi Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer h The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence He/she shall base his/her findings on the preponderance of evidence During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing The opinion shall set forth findings of fact and conclusions i The hearing officer may recommend sustaining or refecting any or all of the grievance The hearing officer's opinion and recommendation shall be filed with the Human Resources Director, with a copy sent to the grievant, and shall set forth his/her findings and recommendations k Within sixty (60) days of the receipt of the hearing officer's findings recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer Prior to making a decision which modifies or refects the recommendation of the hearing officer,the City Council shall order and read the transcript of the hearing Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option The City Council shall not conduct a de novo hearing The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side The decision of the City Council shall be final and conclusive Copies of the City Council's decision, including the hearing officer's recommendation(s) shall be filed where appropriate, including the grievant's personnel file I Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts Each party shall bear its own witness and attorney fees if either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee This process shall not apply to mutual settlements by the parties which result in an arbitration fee City of Redlands I RAMME MOU 2018 2023 RAMME Approval m The provisions of Section 1094 6 of the Code of Civil Procedure shall be applicable to proceedings under this Section 9 If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn Time limits may be extended by mutual consent If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step If the City Manager fails to respond within the prescribed time limit, the grievance will be deemed to have been dented and the employee will be deemed to have exhausted his/her administrative remedy 10 The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review In the event the employee desires the presence of a representative who is an employee of the City, he/she shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present 11 The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the grievance However, no employee shall absent himself/herself without first being excused by his/her supervisor 12 No employee shall be required to be represented by an employee organization in processing a grievance 13 Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization 14 The settlement terms of a grievance which is processed by an employee individually or by a recognized employee organization shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit 15 A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent The group may file one (1) document which all members of the group have read and signed Members of the group shall be limited to those who have signed the grievance The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance 16 A group grievance affecting all members of an employee organization may be brought by the employee organization itself In such case the procedure shall be commenced directly at the City Manager level within fifteen (15) days after authorized representatives of the employee organization knew, or by reasonable diligence should have known, of the condition giving rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth above City of Redlands I RAMME MOU 2018-2023 RAMME Approv I p� Article 37. LAYoEEPEocEi]uRE A Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, he/she may initiate Layoffs Classifications to be affected and the number of Unit employees included will be determined by the City B In determining the order of Layoffs, a combination of factors shall be considered, including but not limited to qualifications, productivity, general performance, seniority with the City of Redlands, seniority in fob classification, and needs of the City Variations from the order of Layoffs and recall from Layoff may occur when the City deems such variations appropriate under the circumstances C The factors the City, in its discretion, may use to determine include but are not limited to the following 1 An employee's last four performance evaluations, if any, 2 Any history of employee commendations, awards, etc , 3 Any history of employee disciplinary action, 4 Attendance record, including tardiness and unexcused absences, 5 Safety record, including personal injury and damage to city property, 6 Probationary and temporary employees shall be laid off before a regular employee in the same classification, 7 Between two regular appointees in the same classification with the same skills, abilities, qualifications, merit and/or record,the employee with lesser seniority in the classification may be laid off first, 8 Between two regular appointees in the same classification the employee with lesser skills, abilities, qualifications, merit and\or record than may be laid off first, without regard to seniority, 9 Memoranda of Understanding ("MOU") between the City and effected bargaining units D. BUMPING I "Bumping" means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position, or a position in the same fob family, within that employee's department 2 Where two or more employees are laid off from the same position, the employee with the greatest seniority in that classification shall have the first opportunity to bump as set forth below 3 A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid off employee, or a position in the same job family (set forth in the applicable MOU), in accordance with the criteria specified in paragraph C of this Rule, in that employee's department Alternatively, an employee may "bump" into a position in a different department which he/she held within the prior five (5) years The laid off employee must be able to perform the essential fob functions of the former position and possess the minimum qualifications of the position as specified by the fob classification specification A laid-off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record Employees must utilize the option that places them in the highest available position 4 The City will notify laid-off employees of any positions available for bumping Bumping shall only be available in the laid-off employee's Department Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping City of Redlands I RAMME MOU 2018 2023 RAMME Approva rights within seven (7) calendar days, and the position and classification in to which he/she Intends to bump Failure to provide such notification will be deemed a waiver of bumping rights by the employee 5 Where there Is more than one employee in a position available for bumping, the factors in paragraph C of this Rule, or the conditions set forth in an approved Memorandum of Understanding, will be used to determine which employee, if any, will be bumped 6 The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification 7 Any displaced employee shall be considered as laid-off for the same reason as the person who displaced them and shall in the same manner be eligible to displace another employee based on the criteria specified in paragraph C of this Rule E REINSTATEMENT FROM LAYOFF 1 The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists Such names shall remain thereon for a period of one year unless such persons are sooner reemployed 2 When a reemployment list is to be used to fill vacancies, the Human Resources Director shall certify from such lists the number of names equal to the number of vacancies An employee who is reemployed shall receive credit for former service for purposes of seniority, benefit compensation, and salary advancement Employees who are laid off from City employment, may be reinstated within one year of the date of layoff upon the recommendation of the Department Head and with the approval of the Human Resources Director, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to this paragraph Article 38. ZIPPER CLAUSE The City and the Unit agree that all negotiable items have been discussed during the negotiations leading to this MDU, including salaries and benefits, and conditions of employment, and therefore the City and the Unit further agree that negotiations will not be reopened on any Item during the term of this MOU, except by mutual agreement of the City and the Unit, or as expressly provided otherwise in this MOU CITY OF REDLANDS REDLANDS ASSOCIATION OF M ID-MANAGEfAENT EMPLOYEES- RAMME PAUL W FOSTER, MAYOR E5 , BA AS D T ADOPTED,SIGNED AND APPROVED / �� THIS ST"DAY OF DECEMBER, 2017 �Zl�ll7 I VPRESIDENT, Ross WITTMAN DATE City of Redlands I RAMME MOU 201$-2023 RAMME Approval ATTEST Ji-A'NNE DONALDSON, CITY CLERK City of Redlands I RAMME MOU 2018-2023 RAMME Approval ®'