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Redlands Association of Mid-Management Employees—MOU—2009-2012
T ABLE CON;TENTS
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING ............. .. .:. .«.....,.,.«. ... , ........,.....,... .,...
ARTICLE2. PREAMBLE... .. ............ ...... ............»... .. .,.......,.., ..... . .,...: ..... ... ........<.. .....:,.....
ARTICLE3 RECOGNITION . ......... ............. ... . .......... ....... ....... ... ......., ......... .«......: ....... ...,..
Article 4. MANAGEMENT RIGHTS ......... ............ ....». ......,, ....... : ......... . ,.,... .....,... . .....,........3r
Article . SALARIES...... . ............ ..... ......:........... ......:..«.»., .., ........... ... .. . ...,.. ..,....,. ,......
+ARTICLE 6, RETIREMENT. :.... ..... . ......:.. ......».«......._.,,, .,...,,. .......,, ..... ... .......:.....,4
ARTICLE 7. DEFERRED�COMPEI SATION........... ... ....... ....... ..:,. ......:. .............,.. :. ......w».....5
ARTICLE$. LONGEVITY PAY....... . ......a.. ........:. ............., ..:. ........Y...,. .. ., ...... .........,. ....,.. .....«5
ARTICLE 9. INSURANCE ADJUSTMENT.,....
ARTICLE10. WORKING OUT OF CLASSIFICATION PAY........ ............... ... ............. ..... .................. .....
Articl11 SPECIAL ASSIGNMENT PAY....... ..........«... ... .............. .... ,.............. .. . ......:.. ..............
ARTICLE12. HEALTH INSURANCE.... ........:.. ...... ......... ... .... . ......... ........, ......:, . .. ...... ........,.....6
ARTICLE13. [ ENT LINSURA ICE............... ......... ........... .............. . ................. . ......... .......:......
ARTICLE . VISION CARE.: ....... . .......:... ....... ..............,. . ............. ..... ... ,..... . ....... .......,......7
ARTICLE15. LIFE INSURANCE.......... ................. .................... ..............,..., .................... ..............7
ARTICLE16. 'VACATION..... ......«... ........ ............. ..... ....... .. ......... ............ ...... ........,.. ......;.,...7
ARTICLE17, SICK LEAVE.... ............... .... ................. . ........ ... .. .... .............. .. . .............,. ........
ARTICLE18. BEREAVEMENT LEAVE.. ........ ......... ........; ,........ .....,... ......... ......... .......... .....-.«.......9
ARTICLE19. EXECUTIVE LEAVE.....:....... ... ...... ......... . .................. ................... ....................,...
ARTICLE 20. LEAVE OF ABSENCE WITHOUT PAY,.... .............. .... ....».:..,. ....... ........;... ...... ....... ......9
ARTICLE21. MILITARY LEAVE....... . ......:........ .. ...... ......... .. .............. .... ................. .............9
ARTICLE . HOLIDAYS...... ........« ..............«..... ........ .....,.. . ...... . ......... ......... .......... .............
ARTICLE23. TUITION REIMBURSE ENT.... . .......:.....«. .. ................ .., .....,....... ...,.. .................. ....10
ARTICLE 24. STATE DISABILITY INSURANCE(S.D.I.) ............... ... ......... ...............,. ..,. ...... ....... ,»..11
ARTICLE25 - PERSONNEL FILE............... .... ....... ............ ...... ........... .................., ......... .........,...11
ARTICLE26.- DUES DEI UCTION ..... ............... ..: ....... ......... . ............... . .. ............... ... ............11
ARTICLE27. DIRECT DEPOSIT....,..... .......„.. ....... . ......... ........... ....... ........... ....... .........................11
ARTICLE28. FAIR LABOR STANDARDS ACT. ......... .............. .............. ......,,.. ......,.. ........ . .......,;...11
ARTICLE29. PREVAILING BENEFITS. ...,....... .......,.. ..... ........ .... ..........«,..., ... . .................... ............11
ARTICLE 30. SAVINGS CLAUSE.... .. ...........12
ARTICLE31. BILINGUAL PAY.......... ......... ..,.......« ., .«..... ............, ............, .. ........; ..........., ...........12
ARTICLE32. EXTENSION OF MOU....... ....... ....., ............... .». .............. ..,. ............. ..... .............12'
Article 33. DISCIPLINARY ISROCEDURE.... ......... ... ..<... ........... ......,. .....,. .. ..... .. ....«..... ....... .....1.2
ARTICLE 34., GRIEVANCE PROCEDURE«....... ......... ............. ... ........:. ........ .......:.... ...... ...,.....,...17
ARTICLE . LAYOFF PR4 CEDURE..... ...,.. .....,.............. ........;.. ........ ........... ....... ........... .,... .....22
2
Redlands Association of Mid-Management Employees—MOU 2009-2012
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF REDLANDS
AND
THE REDLANDS ASSOCIATION OF MID-MANAGEMENT EMPLOYEES
July 1, 2009—June 30, 2012
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, 2009 and shall expire on June 30, 2012.
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;
0. 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
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Redlands Association of Mid-Management Employees—MOU—2009-2012
representatives from meeting and conferring over the practical consequences that decisions on
these matters may have on wages, hours and other terms and conditions of employment.
Article 5. SALARIES
During the term of this MOU there shall be no across-the-board salary increases.
During fiscal year 2010/2011 all employees shall provide the equivalent of eighty (80) hours of furlough
time. During the period of March 1, 2010 to April 30, 2010 the parties shall meet and confer on the
"value" of the eighty (80) hours and the manner in which the eighty (80) hours will be provided (for
instance the Association may agree, at its option, to forfeit all, or a portion of, the floating holiday time
set forth in Article 20). Absent mutual agreement by the parties on the manner in which the equivalent
of eighty (80) hours by each employee will be provided, the parties will "default" to eighty (80) hours of
furlough time.
During fiscal year 2011/2012 all employees shall provide the equivalent of eighty (80) hours of furlough
time. During the period of March 1, 2011 to April 30, 2011 the parties shall meet and confer on the
"value" of the eighty (80) hours and the manner in which the eighty (80) hours will be provided (for
instance the Association may agree, at its option to forfeit all or a portion of the floating holiday time
set forth in Article 20). Absent mutual agreement by the parties on the manner in which the equivalent
of eighty(80) hours by each employee will be provided, the parties will 'default" to eighty (80) hours of
furlough time.
Article 6. RETIREMENT
A. The City shall continue to pay to the California Public Employees' Retirement System (CaIPERS)
on behalf of each Unit employee hired prior to March 11, 2010 an amount equal to the required
Unit employee contribution to that system provided the contribution will not exceed a total of
seven percent(7%) of regular compensation. These contributions shall, at the time of
termination, belong to the Unit employee.
B. Employees hired on or after March 11,2010 shall pay five-sevenths (5/7) [i.e. five percent (5%)]
of the required seven percent (7%) contribution on behalf of the employee to CalPERS. These
contributions shall, at the time of termination, belong to the employee.
C. The City shall continue to include in this contract with CaIPERS,the following provisions:
HIGHEST SINGLE YEAR
SURVIVOR CONTINUANCE
2%@ 55 RETIREMENT FORMULA
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Redlands Association of Mid-Management Employees—MOU—2009-2012
Article 7. DEFERRED COMPENSATION
The City agrees to make a contribution in April of each year, on behalf of each Unit employee in the
amount of eight hundred and sixty dollars ($860) per year to the City deferred compensation plan.
Article 8. LONGEVITY PAY
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 21st year of service. In the event that a Unit employee is not at the E step
when he/she is eligible for the 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.
Employees hired on or after March 11, 2010 shall not be eligible for "F" step longevity pay.
Article 9. INSURANCE ADJUSTMENT
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 10. WORKING OUT OF CLASSIFICATION PAY
Whenever the needs of the City require an 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. The name of the employee who is absent must be noted on the employee's timesheet prior
to out of classification pay being authorized.
B. A vacancy or absence must exist for out of classification pay to be paid.
C. The employee receiving out of classification pay must perform essentially all of the
functions of the higher classification in order to receive compensation.
D. The employee shall meet the minimum qualifications for the higher classification in order to
be eligible for out of classification pay.
Article 11, SPECIAL ASSIGNMENT PAY
Working out of classification pay for special assignments will only be authorized upon recommendation
to the City Manager by the Department Head and will require a Payroll Transaction Form with
supporting documentation justifying the special assignment. Employees performing in a capacity
beyond the normal scope of their duties, and with increased and direct responsibility and personal
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Redlands Association of Mid4Vlariagement Employees—MOU--2009-2012
liability for City operations shall be eligible for Special Assignment Pay. Special Assignment Pay shall be
at 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.
Articie12. HEALTH INSURANCE
A. During the term of this MOU, the City shall provide a fully paid medical insurance plan for Unit
employees hired prior to March 11,and their eligible dependents under the CaIPERS medical plans
as follows:
Effective January 1, 2010:
Employee Only: $452.41
Employee Plus One Dependent: $904.82
Employee plus Two or more Dependents: $1,176.27
Effective January 1, 2011, the above rates shall be adjusted to be equal the "PERS Choice" insurance
rates offered by CaIPERS.
Effective January 1, 2012, the above rates shall be adjusted to be equal to the "PERS Choice"
insurance rates offered by CaIPERS.
The health insurance rates in effect after the January 1, 2012 adjustment shall become the "flat
dollar" rates in effect for the future, Such 'flat dollar" rates are subject to change through future
meet and confer by the parties.
1. For 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,
1989. Additionally, the City will contribute on a monthly basis two hundred and three
dollars ($203.00) as a Flexible Spending Account ("FSA") to be utilized by the employee to
purchase/contribute toward health insurance premiums. Any amount of the FSA not
utilized by the employee to purchase health insurance will be placed in an individual
Health Retirement Account ("HRA").
2. During the term of the MOU the parties agree to "reopen" the MOU to discuss alternatives
to the current CaIPERS health insurance plans.
3. After completion of twenty(20)years of continuous service with the City, and upon service
retirement under the CaIPERS 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.
Employees hired on or after March 11, 2010 are not eligible for this benefit.
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Redlands Association of Mid-Management Employees—MOU—2009-2012
B. The City agrees to provide a stipend of $350.00 on a monthly basis for those employees with
alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.
Article 13, DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal Financial
dental plan or its equivalent for each employee in the unit and all eligible dependents„
Article 14, 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 15. 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 16, VACATION
A. The vacation accrual for employees in the unit shall be as follows:
YEARS OF SERVICE ACCRUAL RATE HOURS0—S 80_____
6-7 120
______128___
10—11 t 136
12—13 144
14—15 152
La_ 16 7 20 160 1,
21
168
22
176
23 184
24 192
25+_, 200
Article 17. SICK LEAVE
A. ACCRUAL
Sick leave shall accrue on an hourly basis at the rate of eight (8) hours per calendar month of
service
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Redlands Association of Mid-Management Employees—MOU—2009-2012
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
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. 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.
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. 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
10-45 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 17.C.
E. SICK LEAVE CONVERSION
Upon execution of this MOU the City shall process a PERS contract amendment providing Unit
employees with the option of converting one hundred percent (100%) of individual sick leave
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Redlands Association of Mid-Management Employees—!VIOL/—2009-2012
accruals to service credit. The amendment shall be effective on or before July 1, 2005. This option
shall be exercised in lieu of conversion to cash value.
Article 18. 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 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 19. EXECUTIVE LEAVE
Unit employees shall receive Executive Leave in the amount of one hundred ten hours (110) per year.
On January 1 of each calendar year, each full-time Unit employee shall be credited with one hundred
ten (110) hours of executive leave. Unit employees hired between July 1 and October 31 of any
calendar year shall be credited with fifty-five (55) 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 315t of each calendar year will
be forfeited.
Article 20. LEAVE OF ABSENCE 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 21, MILITARY LEAVE
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 22. 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
alk.aregg.caaa a", aa.as ,avals
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Redlands Association of Mid-Management Employees—MOU—2009-2012
, 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 t)„.
Thanksgiving Day Third Thursday in November
Friday after Thanksgiving Day Third Friday in November
Christmas Day December 25
Two (2) Floating Holidays*
*Employees hired on or after March 11, 2010 shall not receive any floating holidays.
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. Christmas Eve Day shall be observed as a holiday
when Christmas Day falls on Tuesday, Wednesday,Thursday or Friday.
Unit employees shall not be allowed to carry 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. 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 23. TUITION REIMBURSEMENT
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 any one 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.
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Redlands Association of Mid-Management Employees—MOU—2009-2012
Article 24. STATE DISABILITY INSURANCE (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 25, PERSONNEL FILE
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.
Article 26. DUES DEDUCTION
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 check off 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 27. DIRECT DEPOSIT
Direct deposit of employee paychecks shall be available to Unit employees.
Article 28. FAIR LABOR STANDARDS ACT
Unit employees shall be classified as "exempt" from the overtime provisions of the Fair Labor Standards
Act(FLSA).
Article 29. 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.
Redlands Association of Mid-Management Employees—MOU—2009-1012
Article 30, 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 31, BILINGUAL PAY
Unit members shall be eligible for bilingual pay in accordance with the City's Bilingual Pay Program and
upon approval by the Department Head and City Manager.
Article 32. EXTENSION OF MOU
If a successor MOU is not negotiated by June 30, 2012,this MOU shall remain in force until a successor
MOU is negotiated or the impasse process for a successor MOU has been concluded.
Article 33 DISCIPLINARY PROCEDURE
A. The Investigatory Interview Process
Prior to any investigatory interview or consultation between an 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 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,
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Redlands Association of Mid-Management Employees—A4OU--2009-2012
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.
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, or to 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
-1 Unless specifically noted to be work ng days,"any reference to days is calendar days,
13
Redlands Association of Mid-Management Employees—MOU—2009-2012
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 may be deemed exempt or to probationary employees.
The appeal process shall not be applicable to verbal and written reprimands, probationary
demotions, 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.
14
Redlands Association of Mid-Management Employees—MOU—2009-2012
b. lf, 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.
ii. 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 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.
15
Redlands Association of Mid-Management Employees—MOU 2009-2012
viiThe hearing shall proceed in the following order, unless the hearing officer, for special
reason, otherwise directs:
1. 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 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. 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.
d. The hearing officer may recommend sustaining or rejecting 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/her findings 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 reject the recommended findings,
conclusions, and/or opinions of the hearing officer. Prior to making a decision which
modifies or rejects 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
Redlands Association of ANd-A4anagernent Employees—MOU—2009-2012
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 34. 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 in Appendix C.
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
Days refer to calendar days,
'17
Redlands Association of Mid-Management Employees MOU—2009-2012
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 job 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
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:
Redlands Association of Mid Management Employees—MOU—2009-2012
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 Human 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.
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;
19
Redlands Association of Mid-Management Employees—MOU—2009-2012
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 rejecting any or all of the grievance.
j. 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 rejects 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.
1. 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.
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
20
Redlands Association of Mid Management Employees—MOU 2009-.2012
Article 35, LAYOFF PROCEDURE
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
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 job 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
1. "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 job 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 job functions of the former position and possess the minimum qualifications of the
position as specified by the job classification specification. A laid-off employee shall not bump an
22
Redlands Association of Mid-Management Employees—MOU 2009-2012
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 denied 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.
it 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.
21
Redlands Association of Mid-Management Employees—MQU 2009-2012
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
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.
3, Employees who, following layoff from a position or layoff from City employment may be
reinstated 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.
23
Redlands Association of Mid-Management Employees—MOU 2009-2012
REDLANDS ASSOCIATION OF I
I CITY OF REDLANDS MID-MANAGEMENT EMPLOYEES- I
1 RAMME
1 i
1 i
- PAT t.'EATH MAYOR, ifi
1 .. - i , :. .„:' e- NATHAN D.GONZALES,PHD, ' DATE 1
PRESIDENT
ADOPTED)SIGNED AND APPROVED
4
THIS 2°tIAYOF July ,2010 7I/7 /
i 1 PHILIP rvbELKE VICE PRESIDENT DATE i
Ai i EST; .
. . •., --)
'
. ,
,,?.
SAM IRWIN,CITY C ERK
24
AGENDA ITEM NO.
COUNCIL MEETING OF 7/20/2010
REQUEST FOR COUNCIL ACTION
SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE REDLANDS ASSOCIATION OF MID-MANAGEMENT EMPLOYEES
(RAMME) AND THE CITY OF REDLANDS,
MOTIONS: I move to approve the Memorandum of Understanding (MOU) between the City
of Redlands and the Redlands Association of IVIid-Management Employees
(RAMIE) and authorize the Mayor to execute the MOU,
DISCUSSION:
The City and RAMME members have met to negotiate their MOU for July 1, 2009 through
June 30, 2012 and the parties have reached agreement. This MOU has been ratified by the
unit membership. The Memorandum of Understanding has been prepared and is attached for
the City Council s consideration. The changes in the provisions of the MOU include:
ARTICLE DESCRIPTION .11
TERM July 1, 2009 to June 30, 2012
SALARY Na across the board salary increases.
Furloughs or equivalent savings of 80 hours per employee for all years during
the term of the agreement.
RETIREMENT Employees hired on or after March 11, 2010 shall pay five-sevenths(5%)of
the required seven percent(7%) contribution on behalf of the employee to
CalPERS.
LONGEVITY PAY Employees hired on or after March 11, 2010, shall not be eligible for "F"step
longevity pay.
SPECIAL Employees performing in a capacity beyond the normal scope of their duties, .1
ASSIGNMENT PAY and with increased and direct responsibility and personal liability for City
operations shall be eligible for Special Assignment Pay. Special Assignment
Pay shall be at a flat rate not to exceed ten percent (10%) of base salary. I
Special Assignment Pay will only be authorized upon Department Head
recommendation, Human Resources Director concurrence and City Manager
approval.
TUITION An employee shall not receive reimbursement in excess of Two Thousand
REIMBURSEMENT Dollars ($2,000) in any one fiscal year. Reimbursement shall be at the
equivalent UCR rates.
HEALTH INSURANCE For employees hired prior to March 11, 2010, the City shall contribute the
monthly premium on the employee's behalf in the amount not to exceed the y
rate of the PERS Choice Los Angeles Area and Other Southern California Areas
Council Meeting of 7/20/10
Page 2 of 3
,
rates. Future rates will be a "flat dollar"rate rather than 100%.
I
I
Effective January 1, 2011 the City will discontinue paying one hundred percent
(100%) of the health insurance premiums for employees enrolled in the '#1
PERSCare health plan. ;
I,
#
For employees hired on or after March 11, 2010, the City will contribute a 1#
maximum monthly health insurance contribution of three hundred and ninety-
seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted
i4
by the City Council on September 5, 1989. Additionally, the City will L,
contribute, on a monthly basis, two hundred and three dollars ($203.80) as a
flexible spending account to be utilized by the employee to #
„
purchase/contribute toward health insurance premiums, 4
-4
The City agrees to provide a stipend of$350, on a monthly basis, for those I
employees with alternative medical coverage who opt for the stipend in lieu
of the medical insurance benefit. #
#
il
9
During the term of the MOU the parties agree to "reopen"the Mat]to discuss
alternatives to the current CaIPERS health insurance plans.
#
LIFETIME MEDICAL Lifetime medical benefits will not be available to employees hired on or after
March 11, 2010.
BEREAVEMENT LEAVE Added, niece, nephew, step-parent, step-children, grandchildren, registered
domestic partners, and significant other (provided employee can show proof
of co-habitation), to list of immediate family members.
EDUCATIONAL LEAVE This provision will be deleted,
,
EXECUTIVE LEAVE Executive leave will be increase to 110 hours per year. Employees not using 4'
44
these hours by December 31st each year will forfeit the balance.
HOLIDAYS Employees hired after March 11, 2010 are not entitled to receive floating
holidays.
,
PROBATION Employees newly hired on or after March 11, 2010 shall serve a probationary s#
period of twelve (12) months. Employees who are promoted shall serve a
probationary period of six(6)months. 1
#
r.
PERFORMANCE In cases where a performance evaluation has not been received by an d
,
EVALUATIONS employee within 30 days of the eligibility date, the employee should contact
the supervisor, who must complete and file the evaluation within ten (10) ,4
working days. 1
DISCIPLINARY Revised and updated to be separate from the grievance procedure and
9.
PROCEDURE includes more specific definition of procedure.
GRIEVANCE Revised and separated from the disciplinary procedure and includes more Pi
PROCEDURE specific definition of procedure.
LAYOFF PROCEDURE Revised and updated to include more specific procedures in the course of a i
layoff, specific bumping rights, and procedures for reinstatement from layoff. ,1
Council Meeting of 7/20/10
Page 3 of 3
EXTENSION OF MOU If a successor MOU is not negotiated by June 30, 2012, this MOU shall remain
in force until a successor MOU is negotiated or the impasse process far a
successor MOU has been concluded. 'Evergreen'clause was eliminated.
4A- ,t4tIA ^400 'VW",
No across the board salary increases for the term of the agreements will occur.
These agreements show continued support of the City's financial situation and the employees'
voluntary contribution thereto,
FISCAL IMPACT:
The fiscal impact of the changes will be an overall savings to the General Fund, Enterprise
Funds and RDA for each year of the contract. However, exact savings for future personnel
costs will be determined on a yearly basis.
Prepared by: Rec mmende4 by:
/f.
/
DE: : COTT-LEISTFIA r4. ENRI.411E jI/IAI4TINEZ
Human Resources Director City Manager
Reviewed by: Reviewed by:
DANI NIC!4 t GH TINA T. KUNDIG
City Attorney Finance Director/ City Treasurer
The meeting adjourned at 3:15 P.M. to be reconvened concurrent with the
regular meeting closed session scheduled for a later hour on the same date.
CLOSED SESSION REPORT
City Attorney McHugh announced there was no reportable action taken during
the closed session. Councilmember Gallagher recused himself from discussions
involving the Redlands Professional Firefighters Association.
NEW BUSINESS
Memorandum of Understanding (MOU) - On motion of Councilmember
Aguilar, seconded by Councilmember Gallagher, the City Council
unanimously approved an MOU, for a period ending June 30, 2012,
between the City of Redlands and the Redlands Association of Mid-
Management Employees.
PUBLIC COMMENTS
Tax Increase and Budget Shortfalls - Steve Rogers made comment on his
observations of the budgeting process and events of leading to the proposal for a
local sales tax in Redlands. In reaction to Mr. Roger's comments, Mayor Pro
Tern Bean inquired of the City Treasurer, how much money the City of
Redlands received from Walrnart Corporation for participation in the June 8,
2010 Special Municipal Election. Treasurer Kundig informed everyone in
attendance the City of Redlands received no money from WaImart for the
election.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at 3:15
P.M.
Sam Irwin, City Clerk
Special Meeting
July 20,2010
Page 2