HomeMy WebLinkAboutContracts & Agreements_198-2010_CCv0001.pdf i i a
September 14, 2010 �; 2010
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Mr. N. Enrique Martinez Ci D ager'g Iry
City Manager
City of Redlands `\r�OgsZSit.
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35 Cajon Street
Redlands, CA 92373
SUBJECT: PETITION FOR RECOGNITION
Mr. Martinez;
Last week the City Council subcommittee notified Department Directors, individually, of
their intention to unilaterally reduce previously agreed to benefits at the September 21St
Council meeting. The Directors were surprised by this notification especially given that
two years ago the Department Directors agreed to leave the protection of their
respective unions and associated benefits (e.g. merit increases, protected status, etc).
The Directors believe that the removal of benefits without any discussions is acting in
bad faith on the part of Council. Members of the subcommittee indicated that this
action was not being done to address any budget or equity issues.
As a result of Council's actions, the Directors feel compelled to submit this Request for
Recognition as an organized employee unit. We are disappointed with the
subcommittee's decision to take away our benefits when we, as Department Directors,
have demonstrated our personal commitment to the City and the Council, through the
many positive changes that have been accomplished since you formed this Executive
Team.
Attached you will find documents which meet all of the requirements under the
Procedures for Administration of Employer-Employee Relations Resolution number
2786 and applicable subsequent revisions.
Petition for Recognition— RADD
Page 2 of 2
September 14, 2010
We respectfully request your review and recognition of the Redlands Association of
Department Directors (RADD). We have also attached an MOU for review and approval
by City Council.
We look forward to your response as soon as possible.
Sincerely,
Rosemary Ho ging
President
Oscar Orci
Vice-President
David Hexem
Secretary
Tina T. Kundig
Treasurer
cc: RADD membership
,
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REDLANDS ASSOCIATION OF DEPARTMENT DIRECTORS- RADD
Date: September 8, 2O10
Elected Board of Directors:
* President: RosemaryHuerning
m Vice-President: (JscarOrci
w Secretary: David Hexem
* Treasurer: TinaKundi@
All officers listed above are authorized tospeak onbehalf ofthe Association.
The RADD employee organization has, as one of its primary purposes, the representation of Department
Directors in their employment relations with the City.
This organization is not a chapter or local of any organization or affiliated in any way with any regional,
state, national orinternational organization.
Certified copies'of the employee organization's constitution and by-laws. (See Attached)
The following persons are designated as authorized persons to receive notices atthe stated addresses
for the employee organization for any purpose.
1. Narne—RosenmaryHoerning
Address-lO83O[o|unaStreet, Rancho Cucamonga, CA 91701
Email Address—rbhrnouse@yahoo.corn
2. Namoa—DavidHexenm
Address-lO3DBenedict Circle, Corona,[A 92882
Email Address—dheuemn@yahoo.corn
The employee organization recognizes that the provisions of section 923 of the Labor Code are not
applicable to City employees.
This organization is based on a community ofinterest ofDepartment Directors and has no restriction on
membership based onrace, color, creed, sex, ornational origin.
The classifications in this unit are:
1. Assistant/Deputy City Manager
2. Chief Information Officer
3. Development Services Director
4. Finance Director
S. Fire Chief
6. Human Resources Director
PETITION FOR RECOGNITION
The undersigned do affirm and agree to their inclusion in the petition for recognition of the Redlands
Association of Department Directors(RADD)and assign representation of their rights under MMBA on
all issues concerning their wages, hours and terms and conditions of employment to RADD.
RADD does affirm the undersigned as appropriate classifications for the stated unit as indicated in the
Association By-laws.
Name Signature Date
Classificationi
Assistant/Deputy City Vacant X
Manager
David Hexem x 4�S1J�
Chief Information Officer
Development Services Oscar Orci )C � �
Director
Tina Kundig
Finance Director
JFrazier
Fire Chief i
Deborah Scott- q
Leistra X 6 jt7
Human Resources Director
Larry Burgess }C
Library Director
Municipal Utilities and Public
Works Engineering Rosemary Hoerning x161
Director/City Engineer /
James Bueermannk"�
Police Chief
Vacant )C
Quality of Life Director
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August 12,2010
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T'a I e"0"- ontents
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ARTICLE|-t3ENERALW1EKAERSH|PMEETINGS..... ................................ ............---------------------------�4
Section1. Place ofMeetings:...............................................................................................................................................4
Section2 (b). Special Meetings:...........................................................................................................................................4
Section2 (b) (1). Quorum: ...................................................................................................................................................4
Section I (b) (2). Proxies:.----.-----------..—.------------------------------4
Section2 /b\ (3). Validity ofProxy: ......................................................................................................................................4
Section2 /b\ (4). Filing ofProxies: .......................................................................................................................................4
Section3. Notice ofMeetings:.................................................................................................................. ..........................4
Section 4. Consent toGeneral Membership Meetings:.......................................................................................................S
SectionS. Voting Rights:......................................................................................................................................................S
ARTICLE 11 ELIGIBILITY FOR MEMBER5H|P—... ...... ............ ................ .................. -------------------------'5
Section1. Membership............. ................................................................. ............................................. ........................S
REGULAR MEMBERSHIP:-------------------------------'------------------S
Section Z.Association Costs: .......................... ..........................................------------------------'S
Section 3. Application for Membership:..............................................................................................................................S
Section 4. AMember May 8eSuspended oxExpelled for Cause: .......................................................................................5
ARTICLE III DIRECTORS... ............................................----------------------------------------�6
Section 1. Powers:--------------------'--------------------------------6
Section 2. Officers:-----------------------------------------------------6
Section 2 (a). Number ofDirectors:--------------------------------------------6
Section 2 (b). Qualifications for Board ofDirector Candidacy:.......................... .................................................................6
Section3 (a) (1). Close ofNominations: ..............................................................................................................................7
Section 3 (a) (%). Election ofBoard ofDirectors: .................................................................................................................7
Section3 (a) (3). Waiver of Election: .................................................................................................................................. 7
Section 3 (b).Tenure ofBoard ofDirectors:................................................................. ------------------7
Section 4.Vacancies:---------------------------`------------------------7
Section S (o). Board Member Removal: -- ...................................... ................................----------------7
Section 5 (b). Board Member Removal -Absenteeism: ......................... ............................................................................7
Section S (c). Board Member Recall: ....................... -----------------------------------�8
Section S (d). Board Member Removal 'Cause:.............................................................................................. 8
Section S (e). Board Member Removal' Loss ofQualifying Employment...................................................... ....................8
Section6. Annual Reports:...................................................................................................................................................9
Section7. Special Meetings:................................................................................................................................................g
Section8. Waiver ofNotice: ................................................................................................................................................g
Section9. Notice ofAdjournment:......................................................................................................................................9
Section1O. Quorum:............................................................................................................................................................g
Section11. Meeting Minutes...............................................................................................................................................g
Section1l. ...................... -------------------------------------------------9
Section13. ........................................................................................................................................ ................................10
Section14. .........................................................................................................................................................................1O
ARTICLEIV OFFICERS.......... ................. — .................................... —..............................— ............... ................. —.......................10
Section1. President:.................................. ...................--- ...........--...... ..................................................................10
SectionZ. Vice-President:............................. ....................................................................................................................10
SectionlSecretary: ......... .................................. ....... ............................. ............................................ ..........................1O
August 12,2010
Section4.Treasurer:.................................. ....................... ............ ...................................... ...........................................10
ARTICLE V-BOOKS AND RECORDS.............. ...... ......... ..............-.... ....__........................ ...................... .............. ........._.........11
Section1. Records:.................................................. ....... ......... ........................................................................................11
Section 2. Inspection of Books and Records:.................................... ................................................................................11
Section3. ...........................................................................................................................................................................11
Section4. Checks, Drafts, etc.:...........................................................................................................................................11
Section 5 (a). Contracts, etc. - How Executed:...................................................................................................................11
Section5 (c). Distribution: .................................................................................................................................................11
ARTICLEVIII-AMENDMENTS TO BYLAWS...........................................................................................................................................11
Section1. Amendments:....................................................................................................................................................11
Section 2. Powers of Directors:..........................................................................................................................................11
Section 3. Record of Amendments: ...................................................................................................................................11
ARTICLEX-PARLIAMENTARY AUTHORITY...........................................................................................................................................12
ARTICLEXI-CONTRACT RATIFICATION VOTE ......................................................................................................................................12
RADD Association By-Laws
August 12,II 010
BYLAWS OF THE REDLANDS ASSOCIATION OF DEPARTMENT DIRECTORS
ARTICLE I - GENERAL MEMBERSHIP MEETINGS
Section 1. Place of Meetings:
All meetings of the members shall be held at a place as designated for that purpose by the Board of Directors.
Section 2 (b). Special Meetings:
Special meetings of the members, for any purpose, may be called by the President. The President must call a special meeting of
the members when a majority of the seated Board of Directors or two members of the general membership request a special
meeting.
Section 2 (b) (1). Quorum:
Fifty-one percent (51%) of members entitled to vote, present in person or by proxy, shall be requisite and shall constitute a
quorum at all meetings of the members for the transaction of business except as otherwise provided these Bylaws. If, however,
such majority shall not be present at any meeting of the members,the members entitled to vote there at, present in person shall
have the power to adjourn the meeting from time to time, until the requisite amount of votes shall be present.At such adjourned
meeting at which the requisite amount of votes shall be represented, any business may be transacted which might have been
transacted at the meeting as originally notified.Any action by a majority of the quorum at any meeting is a valid act.
Section 2 (b) (2). Proxies:
Every person entitled to vote or execute consent as a member shall have the right to do so in person, by personally executed
ballot, or by an agent authorized by a written proxy executed by such person or that person's duly authorized agent and filed with
the Secretary of the Association as specified by this Article and by the Board of Directors. All proxies must be originally marked
and signed.
Section 2 (b) (3). Validity of Proxy:
Any proxy duly executed that is not revoked continues in full force and effect until an instrument revoking it or a duly executed
proxy bearing a later date is filed with the Secretary of the Association; provided that no such proxy shall be valid after the
expiration of one month from the date of its execution, unless the person executing it specified therein the length of time for
which such proxy is to continue in force,which in no case shall exceed ninety(90)days from the date of its execution. Proxies shall
apply only to business conducted at membership meetings;all other business shall be conducted by personal ballot.
Section 2 (b) (4). Filing of Proxies:
Proxies shall be filed with the Secretary of the Association or the Secretary's designated representative at a time to be set by the
President to be sufficiently in advance of the meeting at which the proxies may be voted to allow verification and tallying of
proxies.
Section 3. Notice of Meetings:
Notice of any special meeting of the members shall specify the place, the day and hour of the meeting and the general nature of
the business to be transacted.
When a meeting is adjourned for thirty(30) days or more, notice of the adjourned meeting shall be given as in case of an original
meeting.
RADD I Association By-Laws
August V SII '2010
Except as aforementioned,it shall not be necessary to give any notice of the adjournment or of the business to be transacted at an
adjourned meeting other than by announcement at the meeting at which such adjournment is taken.
Section 4. Consent to General Membership Meetings:
The transactions of any meetings of members, however called or noticed, shall be as valid as at a meeting duly held after regular
call and notice, if a quorum be present.
Section S. Voting Rights:
Only Regular Members, as defined in Article II, Section 2 of these Bylaws shall be entitled to one (1) vote and shall not have the
right to accumulate votes.
ARTICLE II - ELIGIBILITY FOR MEMBERSHIP
Section 1. Membership
The following persons are eligible for membership in the Association and shall become members upon acceptance by the
Association:
a) Employees of the City of Redlands holding the position of Department Director;or
b) Assistant/Deputy City Manager.
REGULAR MEMBERSHIP:
Regular Members are members who are employed by the City of Redlands in the applicable classifications. Regular Members are
entitled to all the rights and privileges afforded by these Bylaws, including the right to vote and to be heard, and to otherwise fully
participate in the activities of the Association.
Regular Members are entitled to all services and benefits of the Association.
Section 2. Association Costs:
Costs for services approved by the Association board of directors/membership shall be divided and borne equally by all
Association members.
Section 3.Application for Membership:
Application for membership shall be made in writing on a form prescribed by the Board of Directors. The application shall include
such matters as the Board of Directors may determine.
Section 4.A Member May Be Suspended or Expelled for Cause:
Every member, by virtue of such membership, agrees that, in consideration of the rights and benefits conferred upon the member
pursuant to the terms of these Bylaws,the member shall be subject to suspension or expulsion for cause. "Cause"for suspension
or expulsion shall include,but shall not be limited to, any of the following acts committed by a member:
1. Violating any provisions of the Bylaws,any lawful Board policy or directive,or any established rules of the Association;
2. Failing to pay financial obligations in a timely manner;
3. Obtaining membership by fraudulent means or by misrepresentation;
4. Unreasonably, unlawfully, or improperly disturbing the peace or harmony of any meeting of the Association or of any of
their offices;
S. Embezzling, misappropriating, fraudulently receiving, wrongfully handling, or failing to account for the funds of the
Association or any employee benefit fund;
RADD I Association By-Laws
August 121,2010
6. Using the name of the Association for soliciting funds or advertising or similar activities, except as expressly authorized by
the Board of Directors;
7. Furnishing a complete or partial list of the membership of the Association to any person other than those whose
governmental position or Association office or employee benefit fund position entitles them to have a list, without
specific authorization in writing from the President of the Association;
8. Deliberately and improperly interfering with any Officer, Director, or representative of the Association in the discharge of
his or her official duties;
9. Deliberately engaging in conduct in violation of the responsibility of members toward the Association as an institution;
10. Deliberately interfering with the performance of the legal or contractual rights or obligations of the Association;
11. Engaging in dishonest acts or illegal acts,which involve the Association;
12. Engaging in conduct unbecoming a member of the Association;
13. Such suspension or expulsion shall be by a majority vote of the members of the Association provided that a statement of
the charges shall have been mailed by registered or certified mail to a member under charge at the member's last
reported address, at least fifteen (15) days before the final action is taken thereon.This statement shall be accompanied
by a notice of the time when and the place where the meeting is to be held to take action. In the event that the member
charged is a member of one or more committees, and the Board determines that it would be in the best interests of the
Association that the member charged be placed on administrative leave from such committee(s) until the resolution of
the charges, the statement of the charges shall so notify the member of that decision. Such member shall be given the
opportunity to present a defense at the time and place mentioned in such notice. Procedures for such proceedings shall
be determined at the discretion of the Board of Directors.
ARTICLE III - DIRECTORS
Section 1. Powers;
Subject to the limitation of the Bylaws as to the action to be authorized or approved by the members, all Association powers shall
be exercised by or under authority of and the business and affairs of this Association shall be controlled by a Board of Directors.
Section 2. Officers:
The officers of the Association shall be a President, a Vice-President, a Secretary, a Treasurer and the Immediate Past President.
The Association may also have, at the discretion of the Board of Directors, such other officers (Directors-at-large) as may be
appointed in accordance with the provisions of this article of Bylaws. No person may hold more than one office. All office holders
must be members in good standing.
Section 2 (a). Number of Directors:
The authorized number of Directors-at-large of the Association shall be a maximum of two(2).
Section 2 (b). Qualifications for Board of Director Candidacy:
Any Regular member who is a member in good standing of the Association is qualified to be a candidate for election to the Board
of Directors provided that the candidate: (1) has been a member in good standing of the Association for a minimum of one year
immediately prior to being nominated; or (2) has been a member in good standing of an employees association that has become
part of RADD, for a minimum of one year prior to being nominated. Said candidate must be a Regular Member, and in good
standing within the meaning of this subsection, at the time of the filing of his or her petition and must have remained a Regular
member in good standing up to and including the time that the candidate, if elected, is sworn in and seated on the Board of
Directors for the commencement of his or her term of office.
RADD I Association By-laws
August .U."I 2�1�0
Section 3 (a) (1). Close of Nominations:
Nominations for the Board of Directors shall close not less than 15 or more than 60 days before the day directors are to be
elected. No nominations for the Board can be made after the date set for the close of nominations.
Section 3 (a) (2). Election of Board of Directors:
Except as provided in Section 3 (a) (3), below, the members of the Board of Directors shall be elected by ballot from qualified
members as specified in Section 2. Each member eligible to vote shall receive, by conveyance as determined by the Board of
Directors, a ballot showing the names of the candidates for which that member may vote. Ballots must be mailed or otherwise
returned to the Association offices no later than the close of business on a date determined by the Election Committee. Each
voting member shall be entitled to cast no more than one vote for each seat on the Board of Directors up for election. The
election results shall be announced on a date to be determined annually by the Board of Directors.
Section 3 (a) (3). Waiver of Election:
If after the close of nominations,the number of people nominated for the Board is not more than the number of Directors to be
elected,the Board may,by majority vote,declare that those nominated and qualified to be elected have been elected.
Section 3 (b). Tenure of Board of Directors:
Each Director shall serve a term of one(1)year, beginning on the date of the annual membership meeting when new Directors are
sworn into office and ending with the swearing in of new Directors at the third following annual membership meeting.
Section 4. Vacancies:
A vacancy or vacancies shall be deemed to exist in case of death, resignation or removal of any Director or when there is an
insufficient number of qualified candidates elected. A vacancy may also be deemed to exist in the event that a Director is on a
leave of absence from his employment for six months, regardless of the reason(s)for such absence.
A vacancy or vacancies arising in the Board of Directors shall be filled by:
a) The candidate receiving the next highest number of votes in the prior election provided that the candidate had received
ten percent (10%) or more of the ballots cast in that election, or if no person meets this requirement, then the Board of
Directors may fill the vacancy by appointment;
b) Any person who has been a member in good standing for a minimum of one (1)year acquiring member signatures of not
less than that number required for nomination or ten percent(10%)of the total qualified ballots cast in the prior election,
whichever is greater;and
c) Should there be an insufficient number of qualified applicants elected, the Board of Directors may solicit applications for
appointment and may appoint qualified applicants to fill vacant or unfilled seats.
Each Director so appointed shall hold office until a successor is elected as specified in Article III,Section 3(b).
Section 5 (a). Board Member Removal:
The entire Board of Directors or any individual Director may be removed from office. As set forth in this section, a Director also
may be removed for cause,for absenteeism, by recall,or when the Director is no longer a Regular member in good standing. .
Section 5 (b). Board Member Removal -Absenteeism:
Any Director who is not in attendance at least half of the meeting time of each meeting, whether regular or special, shall be
considered absent.
Any Director who has been absent from two (2) consecutive meetings or is absent from three (3) meetings, whether regular or
special, within a period of six (6) consecutive months, for reasons other than personal illness, illness in the family, vacation or
official business may be removed from office by a simple majority of a quorum of Directors at a regular meeting.
RADD I Association By-Laws
August ,20 1
Section 5 (c). Board Member Recall;
Any Board member may be recalled for cause as defined in section 5 (d)of this Article by the General Membership by submitting a
recall petition containing the same number of signatures as required for calling a special meeting, signed within thirty days of the
submission of the petition. A separate petition is necessary for each Board member sought to be recalled. In addition to the
member's signature, a recall petition must contain all of the following information for each member who signs the petition or the
signature will not be counted: the member's printed name, the member's Department, the member's employee identification
number or the last four digits of the social security number and the date signed by the member.
The petition shall be submitted to the President of the Association who shall direct the Secretary to validate the membership of
those names and signatures which appear on the petition. Upon confirmation of the signatures, the President shall thereafter
notify the affected Director of the recall petition and shall schedule a special recall election within ninety (90) days, unless a
general election is to take place within those ninety(90)days. In that event,it shall be included in the general election.
Section 5 (d). Board Member Removal - Cause:
Any Director, by virtue of such position, shall be subject to removal from the Board, suspension, or expulsion, for cause. "Cause"
for removal,suspension,or expulsion shall include,but shall not be limited to,any of the following acts committed by a Director:
1. Violating any provisions of the Bylaws,any lawful Board policy or directive,or any established rules of the Association;
2. Failing to pay dues,fines,assessments,fees,or other financial obligations in a timely manner;
3. Obtaining membership by fraudulent means or by misrepresentation;
4. Advocating or attempting to bring about the decertification of the Association or the withdrawal of any member or group
of members from the Association,or other similar act;
5. Working in the interest of or accepting membership in any organization dual to the Association;
6. Unreasonably, unlawfully, or improperly disturbing the peace or harmony of any meeting of the Association or of any of
their offices;
7. Embezzling, misappropriating, fraudulently receiving, wrongfully handling, or failing to account for the funds of the
Association or any employee benefit fund;
& Using the name of the Association for soliciting funds or advertising or similar activities,except as expressly authorized by
the Board of Directors;
9. Furnishing a complete or partial list of the membership of the Association to any person other than those whose
governmental position or Association office or employee benefit fund position entitles them to have a list, without
specific authorization in writing from the President of the Association;
10. Deliberately and improperly interfering with any Officer, Director,or representative of the Association in the discharge of
his or her official duties;
11. Deliberately engaging in conduct in violation of the responsibility of Directors toward the Association as an institution;
12: Deliberately interfering with the performance of the legal or contractual rights or obligations of the Association;
1.3. Engaging in dishonest acts or illegal acts,which involve the Association;
14. Engaging in conduct unbecoming a Director of the Association, or in acts inimical to the welfare of the Association;
15. Failing to faithfully perform the duties of his or her position, becoming negligent in the performance of the duties of his
or her position,or accepting dual compensation of expenses for the performance of duties related to his or her position.
Such removal, suspension, or expulsion shall be by a majority vote of the members of the Board of Directors provided that a
statement of the charges shall have been mailed by registered or certified mail to a Director under charge at the Director's last
reported address, at least fifteen (15) days before the final action is taken thereon. This statement shall be accompanied by a
notice of the time when and the place where the meeting is to be held to take action. Such Director shall be given the opportunity
to present a defense at the time and place mentioned in such notice. Procedures for such proceedings shall be determined at the
discretion of the Board of Directors.
Section 5 (e). Board Member Removal -Loss of Qualifying Employment
In the event that a Director is no longer employed by the City of Redlands,the position on the Board held by that Director shall be
declared vacant; but in the event that the Director's loss of qualifying employment was due to an adverse action taken against the
Director by the City of Redlands, the Director's position shall not be declared vacant until after the Director has unsuccessfully
RADD I Association By-Laws
August 12,2010t
exhausted all administrative remedies to challenge his or her removal from qualifying employment and gain reinstatement or until
the Association makes a final determination not to represent the Director in that challenge,whichever occurs first.
Section 6.Annual Reports:
The Directors shall cause to be made available to the members at least ten (10) days prior to the annual membership meeting, a
balance sheet as of the closing date of each year, together with a statement of income and profit and loss for such year. These
financial statements shall be certified to by the President,Secretary,Treasurer or a certified public accountant.
Section 7. Special Meetings:
Special meetings of the Board of Directors for any purpose or purposes shall be called at any time by the President or, if he or she
is absent or unable or refuses to act, by the Vice-President or by two (2) Directors. Written notice of the time and place of special
meetings shall be delivered at least forty-eight (48) hours prior to the time of the holding of the meeting. In case such notice is
personally delivered as above provided, it shall be so delivered at least twenty-four (24) hours prior to the time of the holding of
the meeting.Said notification as above provided shall be due legal and personal notice to such Director.
Section 8. Waiver of Notice:
When all of the Directors are present at any Directors' meeting, however called or noticed, and sign a written consent thereto on
the records of such meeting, or, if a majority of the Directors are present, and if those not present sign in writing a waiver of
notice of such meeting,whether prior to or after the holding of such meeting,which said notice shall be filed with the Secretary of
the Association,the transactions thereof are as valid as if they had occurred at a meeting regularly called and noticed.
Section 9. Notice ofAdjournment:
Notice of the time and place of holding an adjourned meeting need not be given to absent Directors if the time and place be fixed
at the meeting adjourned.
Section 10. Quorum:
A majority of the number of seated Directors shall be necessary to constitute a quorum for the transaction of business and the
action of a majority of the Directors present at any meeting at which there is a quorum, when duly assembled, is valid as a
corporate act provided that a minority of the Directors, in the absence of a quorum, may adjourn from time to time, but may not
transact any business.
Section 11. Meeting Minutes
Each Director shall receive by a copy of the tentative minutes when a quorum has been present and duly assembled for a meeting
of the Board of Directors. Said copy of tentative minutes shall be included in the Board of Directors agenda packet mailed to each
Director for review prior to the next regular Board meeting. In addition, until the adjournment of the next regularly scheduled
meeting of the Board of Directors, a verbatim record of the above said meeting shall be maintained by the Secretary for review of
any Director.
If an executive session was held,the minutes should so indicate.
Section 12.
The Directors shall have the power to select and remove all the officers, agents, employees of the Association, prescribe such
powers and duties for them as may be consistent with law or the Bylaws and require from them security for faithful service.
RADD I Association By-Laws
August IIA, I 1
Section 13.
The Directors shall have the power to conduct, manage and control the affairs and business of the Association, and to make such
rules and regulations thereof not inconsistent with law, or the bylaws, as they may deem best. The Directors shall also have the
authority to establish policies and procedures governing the Association.
Section 14.
The Directors shall not have the power to borrow money and incur indebtedness for the purposes of the Association.
ARTICLE IV - OFFICERS
Section 1. President:
The President shall be the chief executive officer of the Association and shall, subject to control of the members, have general
supervision, direction and control of the business and officers of the Association. The President shall preside as chairman at all
meetings of the members. The President shall be an ex-officio member of all standing committees, if any, and shall have the
general powers and duties of management usually vested in the office of President of a Corporation, and shall have such other
powers and duties as may be prescribed by the membership or by the Bylaws.
Section 2. Vice-President:
In the absence or disability of the President,the Vice President shall perform all of the duties of the President and when so acting,
shall have all the powers of, and be subject to all of the restrictions upon the President. The Vice-President shall have such other
powers and perform such other duties as from time to time maybe prescribed for them respectively by the Board of Directors or
the Bylaws. The Vice-President shall serve as parliamentarian and shall insure that all business of the Association be conducted in
accordance with these Bylaws.
Section 3. Secretary:
The Secretary shall keep, or cause to be kept, a book of minutes at the principal office or such other place as the membership may
order,of all meetings of Directors and members,with the time and place of holding,whether regular or special, and if special, how
authorized,the meetings,the number of members at members' meetings and the proceedings thereof.
The Secretary shall give, or cause to be given, notice of all meetings of the members required by the Bylaws to be given and shall
keep the seal of the Corporation in safe custody, and shall have such other powers and perform such other duties as may be
prescribed by the Board of Directors or the Bylaws. In the absence or disability of the Secretary to act,the Board of Directors shall
appoint an acting Secretary.
The Secretary shall keep, or cause to be kept, a manual of all policies and procedures adopted by the Board of Directors and shall
forward to each Director,amendments or additions to those policies and procedures as adopted by the Board.
Section 4. Treasurer.-
The
reasurer.The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and
transactions of the Association, including accounts of its liabilities, receipts, disbursements and/or gains. The books of account
shall,at all reasonable times, be open to inspection by any Director.
The Treasurer shall disburse the funds of the Association as may be ordered by the Board of Directors, shall render to the
President and Directors, whenever they request it, an account of all of his or her transactions as Treasurer of the financial
condition of the Association, and shall have such other powers and perform such other duties as may be prescribed by the Board
of Directors or by the Bylaws.
RADD I Association By-Laws i
August 12,pill 2010
ARTICLE V - BOOKS AND RECORDS
Section 1. Records:
The Association shall maintain adequate and correct records, books,and accounts of its business and properties.
Section 2. Inspection of Books and Records:
Books and records shall be open to inspection of the Directors and members.
Section 3.
The original or copy of these Bylaws, as amended and otherwise altered to date, certified by the Secretary, shall be open to
inspection by the members of the Association.
Section 4. Checks, Drafts, etc.:
All checks, drafts or other orders for payment of money, notes or other evidence of indebtedness, issued in the name of or
payable to the Association,shall be signed or endorsed by such person or persons and in such manner as shall be determined from
time to time by resolution of the Board of Directors.
Section 5 (a). Contracts, etc. - How Executed:
The Board of Directors, except as in the Bylaws otherwise provided, may enter into and contract or execute any instrument in the
name of and on behalf of the Association with majority consent of the Association. Such authority may be general or confined to
specific instances. Unless so authorized by the Board of Directors, no officer or agent shall have any power or authority to bind the
Association by any contract or engagement,or to pledge its credit,or to render it liable for any purpose or to any amount.
Section 5 (c). Distribution:
In the event of dissolution, affiliation, liquidation, or other similar action regarding the Association, whether voluntary or
involuntary, the assets, property, books, and records of the Association shall, after all debts and liabilities have been paid, be
distributed and paid over equally to all members of the Association.
ARTICLE VIII - AMENDMENTS TO BYLAWS
Section 1. Amendments:
New bylaws may be adopted or these bylaws may be repealed or amended by the members.
Section 2. Powers of Directors:
The Board of Directors may adopt, amend or repeal any bylaw for submission to the members. Such bylaw shall not become
effective until approval by a majority of the members voting in a General or Special meeting or by mail ballot.
Section 3. Record of Amendments:
Whenever an amendment or a new bylaw is adopted, it shall be copied in the Book of Bylaws with the original bylaws, in the
appropriate place. If any bylaw is repealed, the fact to repeal with the date of the meeting at which the repeal is enacted or
written assent was filed shall be stated in said book.
RADD I Association By-laws
pAugust 2010
ARTICLE X - PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order, Revised, shall govern meetings in this Association in all cases
to which they are applicable and in which they are not inconsistent with these Bylaws, the Articles of Incorporation or the laws of
the State of California.
ARTICLE XI - POLITICAL ACTIVITY
The Association will not, as a group or as an individual member of the Association, put forth any specific political support for any
candidate in any local election.
ARTICLE XII - CONTRACT RATIFICATION VOTE
Only members who are in good standing may vote in the ratification process.
CERTIFICATE OF SECRETARY
1,the undersigned,do hereby certify:
(1)That I am the duly elected Secretary of the Redlands Association of Department Directors;and
(2)That the foregoing bylaws were adopted by the membership on September 9, 2010.
IN WITNESS WHEREOF, I have hereunto subscribed my name this 9th day of September 2010.
r --
David Hex ,Secretary
RADD Association By-Laws
clopyorp
MEMORANDUM � ,..
OF
UNDERSTANDING
BETWEEN
THE
CITY oF REDLANDs
AND
THE
REULANDS
ASSOCIATION
OF
DEPARTMENT
� IRECTOR3
RmLWI]B "ACn1kvWom"
�
MEMORANDUM opUNDERSTANDING RsoLAwoGASSOCIATION UrDEPARTMENT DIRECTORS �
_
'
( '
�
�~TAA51.EOF CONTENTS
^
ARTICLE 1. ADMINISTRATION....................... ......~............................-.........................................................
_...3
SECTION 1.01 TERM OF MEMORANDUM or UNDERSTANDING(M0D).......... ........ ............................. - ......... '3
SECTION1.02 PURPOSE...... ......... ................ .................... ................... ........................................................... 3
SECTION 1.03 COVERED EMPLOYEE CLASSIFICATIONS........................ ......................................... ............ ..........3
SECTION 1.04 TERMS AND CONDITIONS 0PEMPLOYMENT......................... ....................................................... ....3
ARTICLE11. COMPENSATION .............................. .........................................................~............................~-4
SECTION 2.01 COMPENSATION ADJUSTMENTS....... ............... ................ ............................................ -'...........4
SECTION 2.02 PAY PLAN AND BENEFITS REVIEW... ................ ................................ .............................................4
ARTICLE Ill. LEAVES-PAxD AND UNPAID..............................~............................-............................-...............5
SECTION3.01 HOLIDAYS.... ......... ......... ............................... ........................-- ............ ........... 5
SECTION 3.02 ANNUAL LEAVE.............. ........ -- ....... ..... ........ '_-- ................'_--------'-5
SECTION 3.03 BEREAVEMENT LEAVE................ .................. ............... ........ _------........_-------6
SECTION 3.04 FAMILY MEDICAL CARE LEAVES..... ..........---....... ........ ..... -..... -........... ..... ........ -'_-6
ARTICLEIV. BENEFITS.............................._............................-............................ ............................_..............7
SECTION4.01 INSURANCE-- ......... ........ .... .... ................. _....... ----......... -.........- ........'_-'7
SECTION 4.02 FLEXIBLE SAVINGS 9cxm-...........---... ..............-------'_ ........... ... .................. --7
SECTION 4.03 DEFERRED CoMpaNu^Tu)w-....................----.... .... .......-.............. ........ ........ ............... 'J
SECTION 4.04 EMPLOYEE ASSISTANCE PROGRAM.... -.... .......-...-........ ..... -......... ......... ....................'_J
SECTION 4.05 EDUCATIONAL INCENTIVE...----..... .................... .......-- ....................... - .......
'_----��
SECTION 4.06 TUITION REIMBURSEMENT-...-... .......... .......... ..... .... ...... '..............- .............
_----��
SECTION 4.07 AUTO ALLOWANCE..... ...... ......... ..................-.... ........ ................. ...... ......_--....... ---8
SECTION 4.08 UNIFORM ALLOWANCE... ....................... ......... ............. --' ................. .... ....... ........... --S
ARTICLE V. RETREMENT-END OFSERVICE.............................. ............................-............................ ..........9
SECTION 5.01 PERS ComruuaoTuxv-..... - ....... ........... ..... ...... ............. ......... -........ - ....... -- ............9
SECTION 5.02 ACCRUAL PAYMENT UPON RETIREMENT..... ------- ........ ..... ............. .............----.....y
SECTION 5.03 LIFETIME MeoICAL. ...... -...... ......... ....... ......--- ......... ......- .....-- ........ -- ....... ........A
SECTION 5.04 EMPLOYEE SEVERANCE 9AcuxuE .....---................................. ....................-----...............y
APPENDIX A-QEPARTMENT[MRECTOR SALARY TABLE.............................._............................ ............................10
MEMORANDUM OF UNDERSTANDING REDLANDS ASSOCIATION OF DEPARTMENT DIRECTORS
Article I. ADMINISTRATION
Section 1.01 TERM OF MEMORANDUM OF UNDERSTANDING(MOU)
The City of Redlands (City) and the Redlands Association of Department Directors (RADD) agree
that the provisions in this MOU shall become effective on September 22, 2010 and shall expire on
June 30, 2012.
Section 1.02 PURPOSE
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 Department Directors (RADD) and the City of Redlands.
Section 1.03 COVERED EMPLOYEE CLASSIFICATIONS
This MOU covers the following Department Director classifications:
DEPARTMENT DIRECTOR CLASSIFICATION TITLES
Assistant/Deputy City Manager
nt Services Director
Chief Information Officer
..............
Director of Municipal Utilities and Public Works Engineering/City Engineer
j I Finance Director
777=-
111' Fire Chief
1 Human Resources Director
1 Library Director
1 Police Chief
i Quality of Life Director
Section 1.04 TERMS AND CONDITIONS OF EMPLOYMENT
A. This MOU is a summary of benefits and compensation practices approved by the City
Council to be applied on an ongoing basis. The provisions of this MOU apply to all
employees appointed by the City Manager to the Department Director positions listed
in Section 1.03.
B. This MOU sets forth policies and procedures for implementing and administering the
City's Department Director Compensation and Benefit program. The provisions of the
City's Personnel Rules and Regulations and City policies in effect and applicable to the
above mentioned classifications on the date the City Council of the City of Redlands
approves this MOU remain in effect unless expressly superceded by sections of this
MOU.
C. Employees in Department Director positions serve at the will and pleasure of the City
Manager. The appointment of a person to a Department Director position will be
Page 3
MEMORANDUM OF UNDERSTANDING REDLANDS ASSOCIATION 0FDEPARTMENT DIRECTORS_
made 6vthe City Manager.
D. The various forms of compensation and benefits described in this K4OU are the result
of the City's recognition that Department Directors should be compensated
appropriately for exhibiting accountability, cost effectiveness, the ability to apply new
technologies and maximize the utilization of human, physical and fiscal resources to
enhance the mission of the City; and for stimulating the development of people and
establishing methods which facilitate the meeting of City goals and objectives.
E. Unless expressly stated otherwise in this K8OU, in addition to the benefits described in
this K4OU, the specific persons serving as Police Chief and Fire Chief on October 15,
2008 will retain all other benefits described within their respective RASW1E and RAFKUE
K4OUsexisting onOctober l5, 2000, until June 8C\ 2D1D.
Article 11. COMPENSATION
Section 2.01 COMPENSATION ADJUSTMENTS
The Salary Range Table (Appendix A) is established to provide the minimum and rnaxirnuno salary
levels for each Department Director position.
Section 2.02 PAY PLAN AND BENEFITS REVIEW
The City recognizes that to recruit and retain well-qualified Department Directors and enhance
their management capabilities in areas such as leadership and accountability, Department
Directors should be compensated appropriately for exhibiting accountability, cost effectiveness,
the ability to apply new technologies and maximize the utilization of human, physical and fiscal
resources; for exerting leadership to enhance the mission of the City; and for stimulating the
development of people and methods which will facilitate the meeting of City goals and
objectives.
To facilitate and enhance effectiveness and productive efforts of Department Directors, salary
and benefit levels will be reviewed on a periodic basis and may be adjusted from time totime,
within the budget appropriation levels established by the City Council for compensation for
Department Directors. This review will consist.of the following two components.
A. PERFORMANCE EVALUATIONS:
Progression inthe salary range for Department Directors shall be based onthe Director's
performance. The City Manager and the Director will develop goals, and the City Manager
shall be responsible for evaluating the Director's performance in relation to the
achievement ofsuch goals.
Performance goals to be considered include, but are not limited to,the following:
w Customer Service
• Managing Financial and Material Resources
w Leadership
• Communication
• Quality and Quantity ofWork
MEMORANDUM QfUNDERSTANDING RsDLAmDSASSOCIATION OpDEPARTMENT DIRECTORS_
w Personal Characteristics
• Meeting and exceeding assigned goals and objectives
B. COMPENSATION(SALARY AND FRINGE BENEFITS)SURVEY:
The compensation philosophy for the City of Redlands is to establish a compensation
package that will attract the highest caliber individuals. Therefore, the second component
will contain comparisons with other similar agencies within the appropriate job market.
These factors will be utilized to consider salary and benefit levels that will facilitate
continuation ofthis philosophy.
Article Ill. LEAVES— PAID AND UNPAID
There exists o variety of different circumstances and situations which require a Department
Director's absence from work. The following isacompilation ofreasons for leave for Department
Directors:
Section 3.01 HOLIDAYS
A. The following paid holidays will beobserved onthe day specified.
New Year's Day January 1t
rd
Martin Luther King's Birthday 3 Monday in January
rd
Presidents' Day 3 Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day I" Monday in September
nd
Columbus Day 2 Monday in October
Veteran's Day November
th
Thanksgiving Day 4 Thursday in November
Day After Thanksgiving Day Day After 4t Thursday in November
Christmas Eve December 24t
Christmas Day December 25
B. Any holiday listed in this Section which falls on Sunday will be observed on the
following Monday.
C. Any holiday listed in this Section which falls on Saturday will be observed on Friday.
Q. Christmas Eve Day shall be observed as a holiday if Christmas Day falls on a Tuesday,
Wednesday, Thursday 0rFriday.
Section 3.02 ANNNALLEAVE
A. Effective January l, 2009' Department Directors shall combine existing Sick Leave and
vacation balances nSwell aSFloating Holidays and Executive Leave toAnnual Leave.
Page
MEMORANDUM OF UNDERSTANDINREDLANDS ASSOCIATION OpDEPARTMENT DIRECTORS
B. The purpose of Annual Leave is to provide Department Directors the ability to accrue
time for Vacation, Sick Leave and personal leave situations.
C. Individual Department Directors shall accrue Annual Leave hours at a rate of no less
than 304 hours and no more than 424 hours per year, based on years of service.
D. Effective January 1, 2009, the nO8xirnurn Annual Leave balance shall be BOU hours.
Department Directors shall not accrue Annual Leave above 9OOhours
E. As a matter of City policy, Department Directors are encouraged to use annual leave.
F. Department Directors may convert up to 300 hours of accrued Annual Leave per
calendar year to salary compensation or apply to a deferred compensation account.
This conversion can bemade with atwo week notice tmpayroll.
ANNUAL LEAVE
YEARS OF SERVICE
0-5
304
6-7 344
8-9 352
10-11 360
12-13 368
14-15 376
16-20 384
21 392
22 400
23 408
24 416
25+ 424
Section 3.03 BEREAVEMENT LEAVE
Department Directors receive two working days of paid Bereavement Leave for the death of
member of the employee's immediate family (defined as spouse, state-registered domestic
partners, children, parents, brother, sister, grandfather, grandmother, mother-in-law, father-in-
law\ Step-father, Step-rnother, and step-children). Department Directors may beallowed to use
accrued Sick Leave asBereavement Leave with full pay not tOexceed three days.
Section 3.04 FAMILY MEDICAL CARE LEAVES
A. Family Leave shall be granted in accordance with the California Rights Act ofI991 and
the Family and Medical Leave Act of 1993, and any amendments thereto and
implementing regulations for those respective statutes. The City's Human Resources
Department shall be responsible for administration of all leave taken pursuant to this
section.
B. Employees may utilize up to twelve weeks of Annual Leave for leaves of absence that
' MEMORANDUM OFUNDERSTANDING REmANDSAssOcIAOON OF DEPARTMENT DIRECTORS
fall under the provisions of the F01LA and CFRA. This Annual Leave is in addition to
any other paid Or unpaid leave, which may be granted under the provisions ofFN4LA
and CFRA. Annual Leave 3h8U be used prior tOthe unpaid leave provisions OfFK4LA
aDdCFRA.
Article IV. BENEFITS
Section 4.01 INSURANCE
A. HEALTH ALLOTMENT
Department Directors will be allotted an amount to the family rate of PERSCare PPO, City
Dental, and City Vision plans for participation in the insurance programs offered by the
City. Any unused funds remaining after participation in these plans, at the election of the
Department Director, may be contributed to a City offered Health Savings Account (HSA)
in accordance with applicable |R3 regulations, as a pre-tax contribution for the
Department Director orpaid incash 8spost tax compensation.
B. DISABILITY
The Employee shall pay the premium for the City's Disability Insurance Program.
K. LIFE AND ACCIDENTAL DEATH&DISMEMBERMENT INSURANCE
Department Directors shall be covered by the City's group term life insurance and
accidental death and dismemberment /AD&D\ insurance plan. The City will pay the
premiums for life insurance coverage amounts of $25,008 for basic life and $35,000 for
accidental death and dismemberment policies.
Section 4.02 FLEXIBLE SAVINGS PLAN
The City will offer Flexible Spending Accounts (FSA) to all Department Directors. An FSA ai|ovvS an
employee to make pre-tax deductions for qualifying medical, dental and vision expenses, and
dependent care expenses. The plan is established and administered in accordance with Section
125 of the Internal Revenue Service code.
Section 4°03 DEFERRED COMPENSATION
Department Directors are eligible to participate in City Deferred Compensation Plans as provided
for in State and Federal Tax codes. The City will contribute $1125 per year + 2% of salary for
Department Directors. Employees may contribute additional deferred compensation to the Plan
in accordance with Plan provisions.
Section 4.04 EMPLOYEE ASSISTANCE PROGRAM
The City offers Department Directors an employee assistance program. Confidentiality regarding
a Director's use of this program will be maintained in full compliance with State and Federal
Regulations.
Page
,
MEMORANDUM OpUNDERSTANDING REDwNDoASSOCIATION opDEPARTMENT DIRECTORS
Section 4.05 EDUCATIONAL INCENTIVE
Educational Incentives for the Fire Chief and Police Chief positions shall apply to the persons
serving in such positions as of the calendar year ZOOQ. Upon the Separation of service from the
City b» either the person serving a5Fire Chief nrPolice Chief,the respective educational incentive
for such positions shall beeliminated.
Section 4'06 TUITION REIMBURSEMENT
A. The City will reimburse Department Directors for actual costs of fees, tuition and
books, for attendance at an accredited institution of higher learning, at the rate up to
the cost at University of California, Riverside (UCR) for the same or similar course.
B. Department Directors must submit a request form with documents describing the
course and program and cost tothe Human Resources Director for approval prior to
beginning class.
C. To be eligible for reimbursement, Department Directors must submit evidence of
actual payment of expenses incurred and satisfactory completion of course work with
agrade of"C" orbetter Orequivalent.
Section 4.07 AUTO ALLOWANCE
A. The City shall provide vehicles and/or allowances asfollows:
�
Finance Director | $200permmo»nh 1
Vehicle
)+
Police Chief Vehicle |
Fire Chief | Vehicle
|
|---' ---- -------
B. Department Directors receiving an Auto Allowance or assigned a City vehicle must
provide the following:
l. Proof nfvalid insurance with acceptable levels asset b«the City.
2. Proof ofvalid, class CCalifornia driver license.
C. Department Directors must participate inthe City DMV Pull Notice Program.
D. If assigned, a City-owned vehicle may be used by e Department Director for City
business and for commuting to and from the Director's residence. The City will incur
all costs related to the provision of the vehicle, including maintenance and insurance.
The Department Director shall be responsible for ensuring the City's vehicle is
appropriately secured when parked atthe Director's residence.
Section 4.08 UNIFORM ALLOWANCE
The PO|iC8 Chief and Fire Chief who wear their uniforms for public ceremonies or for operational
necessity are entitled to a stipend equal to that received by the respective safety management
employees.
Page
^ MEMORANDUM OpUNDERSTANDING REmANoSASSOCIATION OPDEPARTMENT DIRECTORS
FArticleV. RETIREMENT— END OF SERVICE
Section 5.01 PIERS CONTRIBUTION
A. The City will pay the 7% employee contribution to PERS on the Department Director's
behalf for miscellaneous employees with PERS formula 296@ 55.
B. The City will pay the 9% employee contribution to PERS on the Department Director's
behalf for safety employees with PERS formula 396 0B 50.
Section 5°02 ACCRUAL PAYMENT UPON RETIREMENT
Upon service or medical retirement under the PERS retirement plan, or in the event of the death
of an Department Director prior to retirement, PERS members with less than fifteen (15) years
service with the City may elect one ofthe following options for payment ofunused annual leave:
A. Convert all remaining annual leave accrued atthe time ofretirement to cash value at
the final rate ofpay and apply said cash value to applicable premiums payable under
the City's medical insurance program for the employee and eligible dependents until
the cash value is exhausted. In the event that the member dies prior to exhaustion Of
the cash value of said benefits, the remaining cash value may be applied towards the
premiums of covered dependents until exhausted, subject to the conditions and
limitations ofthe applicable insurance policy.
B. At the time of service retirement, disability retirement, or at the death of an active
member, one hundred percent /100Y6\ of accrued annual leave may be converted to
cash orapplicable deferred compensation plan atthe final rate of pay.
Section 5.03 LIFETIME MEDICAL
Department Directors who achieve 15 years of service with the City of Redlands shall be entitled
to Lifetime K48dicB| coverage for themselves and their dependents upon separation of service
from the City. "Lifetime Medical" means equivalent health insurance as provided by the City to
its then existing management employees through the Ca|PER5 retirement system. Department
Directors hired after January 1, 2009, shall not be entitled to this benefit.
Sect-on 5.04 EMPLOYEE SEVERANCE PACKAGE
Upon termination, the unit employee shall receive the following severance package;
1. Three months salary; and
2. All City benefits that would have legally accrued during the three months hJ||ovving
termination including, but not limited to, annual leave accruals, holiday pay, and deferred
compensation as well as medical and dental benefits.
Page
MEMORANDUM OF UNDERSTANDING REDLANDS ASSOCIATION OF DEPARTMENT DIRECTORS
APPENDIX A— DEPARTMENT DIRECTOR SALARY TABLE
li MINIMUM MAXIMUM
!� CLASSIFICATION MONTHLY j MONTHLY
SALARY SALARY
Assistant City Manager NOT CURRENTLY A BUDGETED NOT CURRENTLY A BUDGETED
PosITION POSMON
Chief Information Officer-N- - - _ - 10,602 �� 12,888
Development Services Director _ 10,602 12,888
Director of Municipal Utilities and Public Works 11,703 _ 14,226
Engineering/City Engineer
Finance Director 10,602 12,888
Fire Chief
14,862
Human Resources Director I 9,845 11,968
Library Director �(
8PChiefolice 12,240 � �� 14,878
LEuality of Life Director �� 11,139 13,541
Table effective July 2008
t
fiA
Lm
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