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Contracts & Agreements_110-2023
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDs AND THE REDLANDS ASSOCIATION OF MID -MANAGEMENT EMPLOYEES JULY 1, 2023 - JUNE 30, 2026 I�IDI�NDS "ACrr�'Taa�rWo�xs" 10299817,2 RF035-043 MEMORANDUM OF UNDERSTANDING BeCweezz The City of Redlands And Redlands Association of Mid -Management Employees July 1, 2023 -June 30, 2026 TABLE OF CONTENTS Article 1. Term of Memorandum of Understanding.............................................................4 Article2. Preamble..............................................................................................................4 Article3. Recognition..........................................................................................................4 Article 4. Management rights..............................................................................................5 Article 5. Probationary Period.............................................................................................5 Article6. Salaries.................................................................................................................6 Article7. Retirement...........................................................................................................6 Article 8. Deferred Compensation........................................................................................7 Article9. 401 A PLAN...........................................................................................................7 Article 10. Uniform Allowance...............................................................................................7 Article 11. Education Incentive Pay.................................................................................. Article 12. Longevity Pay............................................................... ......8 .................................. Article 13. Insurance Adjustment...........................................................................................8 Article 14. Working Out Of Classification Pay.........................................................................8 Article 15. Special Assignment Pay........................................................................................9 Article 16. Health Insurance..................................................................................................9 Article 17. Dental Insurance................................................................................................10 Article18. Vision Care.........................................................................................................10 Article 19. Life Insurance.....................................................................................................10 Article20. Vacation.............................................................................................................10 Article21. Sick Leave...........................................................................................................10 Article 22. Bereavement Leave............................................................................................11 Article23. Executive Leave..................................................................................................12 Article 24. Leave Of Absence Without Pay...........................................................................12 Article 25. Military Leave.....................................................................................................12 Article26. Holidays.............................................................................................................12 Article 27. Tuition Reimbursement......................................................................................13 Article 28. State Disability Insurance (S.D.I.).......................................................................13 Article 29. Personnel File............................................................................................ ....13 Article 30. Employees Organization Rights.............................................................. ... ...13 City of Redkands I RAMME MOU 2i7 6 RAM ME Approval Article31. Direct Deposit.....................................................................................................15 Article 32. Fair Labor Standards Act.....................................................................................15 Article 33. Prevailing Benefits..............................................................................................15 Article34. Savings Clause....................................................................................................is Article35. Bilingual Pay.......................................................................................................i5 Article 36. Disciplinary Procedure........................................................................................16 Article 37. Grievance Procedure..........................................................................................20 Article 38. Layoff Procedure................................................................................................25 Article39. Zipper Clause......................................................................................................26 City of Redlands j RAMME MOU 2023 6 1 ©i RAMME Approval � Article 1. TERM OF MEMORANDUM OF UNDERSTANDING The City of Redlands (City) and the Redlands Association of Mid -Management Employees (RAMME) agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2023 and shall expire on June 30, 2026. Article Z. 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. The following classifications are assigned to the Association's Unit: Accountant Administrative Analyst Adult Literacy Coordinator Airport Supervisor Assistant Engineer Associate Engineer Cemetery Manager Civil Engineer Construction Manager Deputy Fire Marshal Emergency Operations Specialist EMS Coordinator FCS Manager Field Services Coordinator Field Services Project Supervisor Field Services Superintendent Fleet Services Coordinator GIS Supervisor Grants Coordinator Homeless Solutions Coordinator Human Resources Analyst Human Resources Specialist IT Systems Supervisor Laboratory Quality Manager Laboratory Manager Management Analyst Network Engineer Payroll Coordinator Police Operations Coordinator City of Redlands I RAMME MOU 20 - RAMME Approval Principal Librarian Principal Planner Project Manager Recreation Supervisor Revenue Supervisor Risk Management Specialist Senior Planner Solid Waste Manager Solid Waste Supervisor Special Collections Manager Sr. Accountant Sr. Civil Engineer Sr. Librarian Sr. Plans Examiner Technical Services Coordinator Utilities Customer Service Supervisor Water Distribution Superintendent Water Production/Maintenance Superintendent Article 4. MANAGEMENT RIGHTS The authority of the City includes the exclusive right to: A. determine the mission of its constituent departments, commissions and boards, with the exception of boards or commissions granted authority under State Law, per City of Redlands Resolution 6757; B. set standards of service; C. determine the procedures and standards of selection for employment and promotion; D. direct its employees; E. take disciplinary action; F. relieve its employees from duty because of lack of work or for other legitimate reasons; G. maintain the efficiency of work; H. maintain the efficiency of governmental operations; I. determine the methods, means and personnel by which government operations are to be conducted; J. determine the content of job classifications; and K. Take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the effects that decisions on these matters may have on wages, hours and other terms and conditions of employment. Article S. PROBATIONARY PERIOD Unit employees hired by the City, shall serve a probationary period of twelve (12) months. Unit employees who are promoted shall serve a probationary period of six (6) months. Probationary periods may be extended as set forth in the City's Personnel Rules and Regulations. City of Redlands I RAMME MOU 202vlz RAMME Approva Article 6. SALARIES All Unit employees will receive the following salary increases: A. Effective the first full payroll period following July 1, 2023, all Unit employees will receive a seven percent (7%) increase to base salary. B. Effective the first full payroll period following July 1, 2024, all Unit employees will receive a two percent (2%) increase to base salary over the prior year. C. Effective the first full payroll period following July 1, 2025, all Unit employees will receive a two percent (2%) increase to base salary over the prior year. Article 7. RETIREMENT A. Classic Members 1. All "classic" unit members including those first employed on and after March 11, 2010, shall personally fund 100% of the 7% of compensation earnable as and for the individual member's normal employee PERS contribution. (The term "classic" member is defined in the Public Employee's Pension Reform Act of 2013 ("PEPRA.") All "classic" member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member's CalPERS account. Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or legal basis, the City shall not report to CalPERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS which are funded by the employee. To the extent that this MOU mandates payment by the City of a part of the above "classic" unit member's normal employee PERS contribution, the City shall make said payments on a pre-tax basis to the extent authorized to do so by the IRS and the Franchise Tax Board. 2. The City shall continue to include in this contract with CalPERS, the following provisions: HIGHEST SINGLE YEAR l SURVIVOR CONTINUANCE l 2% @ 55 RETIREMENT FORMULA B. New Members 1. The Public Employee's Pension Reform Act of 2013 — "PEPRA" (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of this MOU, as described below. 2. Unit employees who are "new members" as defined in the PEPRA, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said newly hire' member is City of Redlands I RAMME MOU 202 RAMME Approval l enrolled, rounded tot he nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (Government Code section 7522.30) 3. Unit employees who are "new members," as defined in the PEPRA, on and after January 1, 2013, shall be enrolled in the retirement plan of 2%@62 (Government Code section 7522.20(a), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).) Article 8. DEFERRED COMPENSATION The City will provide a 457 (b) deferred compensation plan to Unit employees. Unit employees may make voluntary contributions to the 457 (b) plan up to the maximum allowed by law. Participation by Unit employees is optional and all costs shall be borne by the participating employee. Article 9. 401 A PLAN City shall pay the cost to administer a 401 A Retirement Plan, The City agrees to make a contribution in January of each year, on behalf of each Unit employee in the amount of one thousand two hundred dollars ($1,200) per year to the City's 401(a) deferred compensation plan. For new Unit employees, and employees transferring into the Unit, the amount shall be prorated on a monthly basis for period of service within Unit. Upon retirement from the City, Unit employees shall deposit the cash value of vacation leave, floating holidays, and eligible sick leave into the 401(a) deferred compensation account in the maximum amount allowable by the IRS. Article 10. UNIFORM ALLOWANCE A. The Deputy Fire Marshall and Emergency Services Coordinator shall receive a uniform allowance of one thousand one hundred dollars ($1,100) per year. Two checks of five hundred fifty dollars ($550) each shall be issued each year, one in July and one in January. B. The City will provide a required footwear allowance in the amount of one hundred and fiftydollars ($150) to be paid in July of each year to the following classifications: Construction Manager, Deputy Fire Marshal, Laboratory Quality Manager, Field Services Coordinator, Field Services Project Supervisor, Laboratory Manager, Water Production Maintenance Superintendent, Water Distribution Superintendent, and Fleet Services Coordinator. Article 11. EDUCATION INCENTIVE PAY Employees will qualify for a three percent (3%) increase in base salary upon submitting satisfactory proof of a Master or Doctoral degree (i.e., official transcripts) where such degree is not required as part of the employee's minimum job qualifications. If a Master's degree is required as part of the employee's minimum job qualifications, the employee will only be eligible for education incentive pay upon submitting satisfactory proof of a Doctoral degree. City of Redlands I RAMME MOU 202 - RAMME Approval Article 12. LONGEVITYPAY A. Employees with fifteen (15) years continuous service with the City, shall advance to Step "5" on the salary schedule which shall be a minimum of three percent (3%) higher than Step "4," effective at the beginning of the pay period closest to completion of their fifteenth (15t') year of service. B. Employees with twenty (20) years continuous service with the City, shall advance to Step "6" on the salary schedule which shall be a minimum of two percent (2%) higher than Step "5," effective at the beginning of the pay period closest to completion of their twentieth (2CP) year of service. C. In the event that an employee is not at Step 4 when he/she is eligible for Step 5, at the completion of fifteen (15) 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 employee reaches Step 5. D. In the event that an employee is not at Step 5 when he/she is eligible for Step 6, 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 employee reaches Step 6. Article 13. 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 14. WORKING OUT OF CLASSIFICATION PAY Whenever the needs of the City require a Unit employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period of time that the employee works out of classification. Employees approved to work out of class shall be placed at Step 0 of the classification in which they are working. If Step 0 does not provide a five -percent (5%) increase, the employee will be placed at the step on the range that provides a 5% increase. Placement will not exceed Step 4 of the range. In order to receive out of classification pay the following provisions must occur: A. A vacancy or absence must exist for out of classification pay to be paid. B. The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation. C. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay. D. The employee shall have completed five (5) consecutive full work days in the higher classification and shall then be eligible for out of classification pay commencing with the sixth (6th) consecutive day working out of classification and continuing for all consecutive days worked thereafter. Working out of class pay will only be authorized upon recommendation to the Human Resources/Risk Management Director by the Department Director, and will require a Personnel Action Form with supporting documentation justifying the assignment. City of Redlands I RAMME MDU 202 RAMME Approval Article 15. SPECIAL ASSIGNMENT PAY Special assignment pay will only be authorized upon recommendation to the City Manager by the Department Head and will require a Personnel Action Form with supporting documentation justifying the special assignment. Unit employees performing in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for 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. Article l& HEALTHINSURANCE A. The City shall contribute directly to CaIPERS on behalf of each employee three hundred and ninety- seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City's cafeteria plan that is equal to the difference between the City's minimum PEMHCA contribution and the following amounts: COVERAGE LEVEL TOTAL CITY CONTRIBUTION EFFECTIVE JULY 1 2023 EFFECTIVE EFFECTIVE JANt1ARY 1, 2024 JANUARY 1 2025 Employee Only: I $750 $775 J $$00 Employee Plus One Dependent: $1,500 ,� $1,550 $1,600 Employee plus Two or more $1,950 $2,025 $2,100 Dependents: B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical plan premiums, flexible spending account, and post employment health plan. C. The City agrees to provide a stipend of $350.00 on a monthly basis for those Unit employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit. D. RETIREE INSURANCE BENEFITS 1. For all unit members who qualify as an "annuitant" under PEMHCA, the City will contribute directlyto CaIPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. 2. After completion of twenty (20) years of continuous service with the City, and upon service retirement under the CAPERS retirement plan, a Unit employee hired prior to March 11, 2010 who qualifies as an annuitant under PEMHCA may elect to receive as a City contribution to a retiree health savings account the difference between the PEMHCA minimum and the cost of fully paid medical insurance under the City's medical insurance program for the Unit employee and their eligible dependents. Unit employees hired on or after March 11, 2010 are not eligible for this benefit. 3. Unit members with ten (10) years of continuous employment with the City who oncurrently retire from the City and the CaIPERS system who qualify as an annuitant under PEMH A may elect City of Redlands I RAMME MOU 202 RAMME Approval �I to receive the "Medical Bridge." Under the "Medical Bridge," the City will contribute the difference between the PEMHCA minimum and the cost of single party coverage for the retired unit member only for the lowest cost medical and dental insurance plans as provided by the City to its then existing Unit members until the member reaches the age of Medicare eligibility at which time the benefit will cease and unit members will only receive the PEMHCA minimum contribution. Unit members who receive the medical bridge can select higher cost plans offered by the City to its then existing members and/or coverage for dependents, however, the additional cost for the plan or additional dependents shall be paid for by the Unit member and not by the City. Article 17. DENTAL INSURANCE The City agrees to pay the full monthly premium for dental insurance under the City's dental plan or its equivalent for each Unit employee and all eligible dependents. Article 18. VISION CARE The City shall reimburse Unit employees an amount up to three hundred dollars ($300) per year for the purchase of frames and lenses or contact lenses for the Unit employee or their eligible dependents. Article 19. 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 20. VACATIQN A. The vacation accrual for employees in the unit shall be as follows: YEARS/MONTHS OF SERVICE 0 — 5 (0-59 months) 6 — 7 (60-83 months) 8 —10 (84-119 months) 11-14 (120-167 months) 15+ (168 months+) ANNUAL ACCRUAL RATE - HOURS 80 120 140 160 200 B. Effective December 1, 2023, the maximum vacation accrual leave balance shall be 1000 hours. In November of each calendar year, all vacation hours over 800 will be paid off at the Unit employee's current hourly rate. Article 21. SicKLEAvE A. ACCRUAL Sick leave shall accrue on an hourly basis at the rate of eight (8) hours per calendar month of service. B. BUY BACK In December of each calendar year, each affected unit employee may elect to be paid c sh at his/her current hourly rate for each sick leave day accumulated during the following calendar ar in excess City of Redlands I RAMME MOU 202 9 m RAM ME Approval A of six (6) sick leave days to be paid in November of the following year. A total of one (1) year's accumulation of ninety -sick (96) hours must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed once the election is made. In lieu of this buy back, Unit employees may choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount. C. SICK LEAVE USE UPON RETIREMENT 1. Unit employees taking service retirement under the PERS retirement plan may elect to have all sick leave accrued at the time of retirement converted to cash value at their final rate of pay and deposited in the Post Employment Health Plan (PEHP) where it can be used for applicable medical insurance premiums for the Unit employee and their eligible dependents. 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 PEHP. 2. After completion of twenty (20) years of continuous service with the City, and upon service retirement under the PERS retirement plan, a Unit employee hired prior to March 11, 2010 may elect fully paid medical insurance under the City's medical insurance program for the Unit employee and their eligible dependents. Unit employees hired after March 11, 2010 shall not be eligible for this benefit D. SICK LEAVE CASH OUT Upon voluntary separation of service or layoff with the City, Unit employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula: YEARS OF SERVICE PERCENT 10 -15 25 % 16 - 20 35 % 21+ 50 % Unit employees electing this option shall be responsible for any and all future health premiums, i.e. Unit employees shall exercise this option in lieu of the Sick Leave Use Upon Retirement option as described in Article 19.C.1. E. SICK LEAVE CONVERSION Unit employees shall have the option of converting one hundred percent (100%) of individual sick leave accruals to service credit. This option shall be exercised in lieu of conversion to cash value. ArtIde 22. BEREAVENa►ENT 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 or registered domestic partner: spouse, registered domestic partner, significant other of the employee (provided the employee shows proof of cohabitation), child (includ foster child City of Redlands I RAMME MOU 202 RAMME Approval 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 2l EXECUTIVELEAVE Unit employees shall receive Executive Leave in the amount of one hundred twenty hours (120) per year. On January 1 of each calendar year, each full-time Unit employee shall be credited with one hundred twenty (120) hours of executive leave. Unit employees hired between July 1 and October 31 of any calendar year shall be credited with sixty (60) hours of executive leave for that year, and Unit employees hired between November 1 and December 31 will not be credited with executive leave for that year. All accumulated executive leave hours not taken by December 3111 of each calendar year will be forfeited. Article 24. LEAVE OFABSENCE WITHOUT PAY If a Unit employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth day of leave without pay and any day of leave without pay thereafter during the calendar year; sick leave and vacation accruals shall be adjusted proportionately to eliminate benefit accruals for any day a Unit employee is on leave without pay status. Article 2l MILITARYLEAVE Military leave shall be granted in accordance with applicable State and Federal law. All Unit employees entitled to military leave shall give their department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Copies of the Unit employee's official military orders may be requested. Article 26. HOLIDAYS Those holidays which shall be honored for Unit employees include: New Year's Day Fanuary 1 Martin Luther King Day President's Day Third Monday in January Third Monday in February Cesar Chavez March 31 Memorial Day Last Monday in May Juneteenth June 19 Independence Day [—July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11 Thanksgiving Day Third Thursday in November Friday afterThanksgiving Day Christmas Eve Christmas Day Third Friday in November December 24 December 25 City of Redlands 1 RAMME MOU 2023- RAMME Approval Li 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. Banked holidays maybe carried over from year to year. If a holiday falls on a Unit employee's regular day off, the employee shall bank the holiday at their regularly scheduled hours to be used at a later date or will be entitled to take another day off during the pay period with mutual consent of the Unit employee and department head. Unit employees are entitled to receive twenty hours of floating holidays annually. Floating holidays shall not carry 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. Article 27. MTIONREmBURSEMENT 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 Five Thousand dollars ($5,000) 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 five hundred dollars ($500) per year of their Tuition Reimbursement for attendance at a seminar or conference for the purpose of professional development. Article 28. 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 29. 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 30. EMPLOYEES QRGANaATION RIGHTS Time Off for Association Reps: The Association may designate up to seven (7) representatives to attend i City of Redlands I RAMME MOU 202 6 RAMME Approval Association meetings on City time, including new employee orientations, provided that no designated Unit employee shall be released for more than four (4) hours per month. The time must be scheduled in advance and the supervisor must be notified. New Employees: The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of his/her employment. Orientations: In accordance with Government Code §3555 3559, the City shall provide written notice to Association Representatives when a new employee is hired or promoted into the bargaining unit and provide reasonable release time for an Association Representative to meet with the new employee for the purpose of discussing membership in the Association. This new employee orientation should take place as promptly as possible on or after the first day of employment. New employees shall be advised of the potential release of personal information, identified in Demographic Reports, below, and shall have the option to request in writing to Human Resources that the City refrain from disclosing such personal information. Demographic Reports: In accordance with Government Code §3555 3559, the City shall provide to Association Representatives the name, hire date, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following hire, and the City shall also provide to Association Representatives with a list of that information for all employees in the bargaining unit at least every 120 days. The City shall provide the information identified herein regardless of whether the newly hired employee was previously employed by the City. Pursuant to Gov. Code 6254.3(c), an employee may request that the City refrain from disclosing the employee's home address, home telephone number, personal cellular telephone number, personal email address, or birth date to the Association upon written request to Human Resources. Visits by Association Representatives: Accredited representatives of the Association will be granted reasonable access to City facilities and employees for purposes of investigation of grievances and official Association business, provided Association representatives shall provide twenty-four (24) hours advance notice to the supervisor in charge of the work area that is being visited. Such visits shall not interfere with normal operation of the department. In case of an emergency, the twenty-four (24) hour advance notice will not be required, provided the Association representative provides advance notice to the supervisor in charge as soon as reasonably possible. Contract Negotiations: The negotiating team for the Association, to be comprised of no more than five(5) employees, shall be permitted to attend negotiating sessions during work hours with pay. There shall be no compensation for meetings held outside scheduled work hours of members of the bargaining team. Dues Deduction: The City shall deduct dues on a regular payroll basis from the pay of all Association members. Such deductions shall be authorized in writing on a form approved and provided by the Association for this purpose. The membership forms shall be retained by the Association. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues deductions. The City shall remit such funds to the Association within thirty (30) days following their deduction. I City of Redlands I RAMME MOU 2023- RAMME Approval In accordance with SB 866, Gov't Code §1157.12, the City shall rely on a certification from the Association Representatives requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. An Association that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The employee organization shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification. The City shall direct employee requests to cancel or change deductions to the Association. The City shall rely on information provided by the Association regarding whether deductions for Association membership were properly canceled or changed, and the Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee's written authorization, Association Bylaws, and this MOU. In accordance with SB 866, Gov't Code §3550-3553, the City shall not deter or discourage employees or applicants from becoming or remaining members of the Association, or from authorizing representation by the Association, or from authorizing dues or fee deductions to the Association. Article 31. DiRECT DEPOSIT Direct deposit of employee paychecks shall be available to Unit employees. Article 32. FAIR LABOR STANDARDS ACT Unit employees shall be classified as "exempt" from the overtime provisions of the Fair Labor Standards Act (FLSA). Article 33. PREVAILING BENEFITS All benefits, privileges and working conditions enjoyed by Unit employees at the present time shall remain in full force, unchanged and unaffected in any manner, during the term of this MOU unless changed by mutual consent. Article 34. 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 35. BILINGUAL .PAY Unit employees shall be eligible for bilingual pay in accordance with the City's Bilingual Pay Program and upon approval by the Department Head and Human Resources/Risk Management Director. Authorized employees shall receive additional compensation in the amount of one hundred dollars ($100) per month. W/1 City of Redlands I RAMME MOU 202 RAMME Approval Article 36. DISCIPLINARY PROCEDURE A. The Investigatory Interview Process Prior to any investigatory interview or consultation between a Unit employee and the Department Head or City Manager, that could reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonably practical, and shall be advised of his or her right to representation under this section; and upon request shall be afforded an opportunity to contact and consult privately with a representative of the Association. If requested, the employee may have an Association representative present during any such investigatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during an employee's working hours. Only those persons reasonably necessary to the conduct of the interview shall be present. The employee or the City may elect to record any such investigatory interview or consultation, unless the parties mutually agree not to record such interview or consultation; however, in the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording. The cost of providing a copy of the recording to the employee shall be borne by the employee. B. Disciplinary Procedures No non -probationary Unit employee shall be disciplined without cause. Disciplinary action shall be defined to include: oral warnings, written reprimands, suspensions, demotions (non -probationary), reduction in pay and discharge. Oral and written reprimands may be initiated at the supervisor/Division Manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Head level. 1. Notice of Proposed Action Whenever an employee is to be discharged, suspended (for more than five (5) working days) demoted (non -probationary), or reduced in step, for disciplinary purposes, written notice of at least five(5)1 days of the proposed disciplinary action shall be given before such action is to be taken and must include: a. Notice of proposed action; b. Reasons for proposed action; c. A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and d. A notice to the employee of the right to respond in writing or orally within the five (5) day period. In the case of a suspension of five (5) working days or less, the foregoing procedures shall be afforded the employee either before or during the suspension, or within a reasonable time thereafter. 1 Unless specifically noted to be "working days," any reference to days is calendar days. City of Redlands I RAMME MOU 2023 I RAMME Approval m 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 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 he response City of Redlands I RAMME MOU 202 RAMME Approval I� r0 to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager's office within the ten (10) day period. b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal meeting shall be scheduled. c. The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 2(C) above. d. The City Manager will evaluate the discipline in light of the employee's response, if any. Within ten (10) days of the employee's response a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail. 5. Advisory Arbitration a. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager's office within the ten (10) day period. b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed. 1f 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. Hearsa vidence may City of Redlands I RAMME MOU 20 6 RAMME Approval j� rD be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. vi. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. vii. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs: 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 hears 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 recomme d discipline more stringent than that issued by the City Manager. City of Redlands I RAMME MOU 2023 RAMME Approval 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. Priorto 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 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 37. GRIEVANCE PROCEDun A. Definition A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary Appeal Procedure set forth. City of Redlands I RAMME MOU 2023- RAMME Approval �[ U B. Procedure 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) days' after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor. A supervisor shall render a verbal decision within seven (7) days of the conclusion of the informal conference. 2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) days from the date of receiving the answer from his/her supervisor, file a written grievance and request a meeting with the Division Manager, if one exists, in order to discuss the grievance. The written grievance shall contain the following information: a. Name of grievant and 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 z Days refer to calendar days. City of Redlands I RAMME MOU 202 RAMME Approval '6 Human Resources Director and received in the Human Resources office so that same is date stamped by the Human Resources office within the ten (10) day period. 8. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows: a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. b. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the 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. f f City of Redlands [ RAMME MOU 2023- RAMME Approval _® g. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs: i. The grievant shall be permitted to make an opening statement; ii. The City shall then be permitted to make an opening statement; iii. The grievant shall produce the evidence on his/her part; the grievant bears the burden of proof and burden of producing evidence; iv. The City maythen 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. 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 recommendations) shall be filed where appropriate, including the grievant's personnel file. I. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. I� City of Redlands I RAMME MOU 2023 RAMME Approval m. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section. 9. If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the City Manager fails to respond within the prescribed time limit, the grievance will be deemed to have been 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. 11. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the grievance. However, no employee shall absent himself/herself without first being excused by his/her supervisor. 12. No employee shall be required to be represented by an employee organization in processing a grievance. 13. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization. 14. The settlement terms of a grievance which is processed by an employee individually or by a recognized employee organization shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit. 15. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance. 16. A group grievance affecting all members of an employee organization may be brought by the employee organization itself. In such case the procedure shall be commenced directly at the City Manager level within fifteen (15) days after authorized representatives of the employee organization knew, or by reasonable diligence should have known, of the condition giving rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth above. City of Redlands I RAMME MOU 2023-2 RAMME Approval Article 38. LAYOFFPRocEDURE A. Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, he/she may initiate Layoffs. Classifications to be affected and the number of Unit employees included will be determined by the City. B. In determining the order of Layoffs, a combination of factors shall be considered, including but not limited to: qualifications, productivity, general performance, seniority with the City of Redlands, seniority in 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. 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 opportunityto 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. 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 bythejob classification specification. A laid -off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record. Laid off employees may also be placed in a vacant lower classification for which they meet the minimum qualifications. 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. 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 lassification in to which he/she intends to bump. Failure to provide such notification will be dee ed a waiver of bumping rights by the employee. City of Redlands I RAMME MOU 2023- RAMME Approval py `o 5. Where there is more than one employee in a position available for bumping, the factors in paragraph C of this Section, 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 Section. E. REINSTATEMENT FROM LAYOFF 1. The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists. Such names shall remain thereon for a period of one year unless such persons are sooner reemployed. 2. When a reemployment list is to be used to fill vacancies, the Human Resources Director shall certify from such lists the number of names equal to the number of vacancies. An employee who is reemployed shall receive credit for former service for purposes of seniority, benefit compensation, and salary advancement. Employees who are laid off from City employment, may be reinstated within one year of the date of layoff upon the recommendation of the Department Head and with the approval of the Human Resources Director, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to this paragraph. Article 39. ZIPPER CLAUSE The City and the Unit agree that all negotiable items have been discussed during the negotiations leading to this MOU, including salaries and benefits, and conditions of employment, and therefore the City and the Unit further agree that negotiations will not be reopened on any item during the term of this MOU, except by mutual agreement of the City and the Unit, or as expressly provided otherwise in this MOU. CITY DS ASSOCIATION OF MID-Mr4l"DI MEAT EMPLOYEES- RAMME Cc 777 DDIE TEJEDA, MAYOR PRESIDENT, MICHAEL FOSTER DATE ADOPTED, SIGNED AND APPROVED THIS 20 T" DAY OF, 2023 oE, 1q z3 VICE PRESIDENT, KEVIN JOHNSTON IJAiE ATTEST: A E DONALDSON, CITY CLERK City of Redlands I RAMME MOU 2023-2026 RAMME Approval _ n 1.1