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Home My WebLink AboutReso 2021-178 RESOLUTION NO. 2021-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU’) BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION OF CHULA VISTA EMPLOYEES (“ACE”) RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU WHEREAS, the City of Chula Vista and the Association of Chula Vista Employees (“ACE”) bargaining unit have met and conferred in good faith, as required by the Meyers-Milias- Brown Act ("MMBA") California Government Code Sections 3500 et. seq.; and WHEREAS, the City and ACE have reached agreement on compensation and other terms and conditions of employment, and consistent with the MMBA, have set forth those terms in a Memorandum of Understanding (MOU), which has been designated as Attachment 1 for identification in this Resolution; and WHEREAS, the aforementioned MOU was slated to be ratified by a vote of the ACE membership on September 13, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does (1) approve the MOU between the City of Chula Vista and ACE; (2) authorize the City Manager or her designee(s) to execute said MOU and any additional or required documents necessary to implement said MOU; and (3) authorize the City Manager or her designee to make such minor modifications to said MOU as may be approved or recommended by the City Attorney's Office. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 Resolution No. 2021-178 Page No. 2 Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources/Risk Management City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of September 2021 by the following vote: AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2021-178 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of September 2021. Executed this 14th day of September 2021. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND ASSOCIATION OF CHULA VISTA EMPLOYEES SEPTEMBER 14, 2021 – JUNE 30, 2024 DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 1 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION OF CHULA VISTA EMPLOYEES FOR–the period of SEPTEMBER 14, 2021 to JUNE 30, 2024. TABLE OF CONTENTS SECTION I ADMINISTRATION ............................................................................. 3 ARTICLE 1.01 PREAMBLE ........................................................................................... 3 ARTICLE 1.02 RECOGNITION .................................................................................... 3 ARTICLE 1.03 CITY RIGHTS ....................................................................................... 3 ARTICLE 1.04 ASSOCIATION RIGHTS ..................................................................... 5 ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION..................................... 6 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF ................... 6 ARTICLE 1.07 MOU REVISIONS ................................................................................. 7 ARTICLE 1.09 RETENTION OF BENEFITS .............................................................. 7 ARTICLE 1.10 SAVINGS CLAUSE............................................................................... 7 SECTION II COMPENSATION ................................................................................ 8 SUBSECTION A. WAGES ................................................................................................... 8 ARTICLE 2.01 WAGES ................................................................................................... 8 ARTICLE 2.02 OVERTIME ........................................................................................... 9 ARTICLE 2.03 COMPENSATORY OVERTIME ...................................................... 10 ARTICLE 2.04 CALLBACK PAY ................................................................................ 10 ARTICLE 2.05 SAFETY MANDATED REST PERIODS ......................................... 11 ARTICLE 2.06 STANDBY PAY ................................................................................... 13 ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT ...................................................... 13 ARTICLE 2.08 SPECIAL PROJECT PAY ................................................................. 14 ARTICLE 2.09 FIELD TRAINING OFFICER PAY .................................................. 14 ARTICLE 2.10 BILINGUAL PAY ............................................................................... 14 ARTICLE 2.11 SHIFT DIFFERENTIALS .................................................................. 15 ARTICLE 2.12 MILEAGE REIMBURSEMENT ....................................................... 16 ARTICLE 2.13 SAFETY EQUIPMENT ...................................................................... 16 ARTICLE 2.14 PROTECTIVE CLOTHING .............................................................. 16 ARTICLE 2.15 TOOL ALLOWANCE ........................................................................ 17 ARTICLE 2.16 UNIFORMS .......................................................................................... 17 ARTICLE 2.17 PROFESSIONAL ENRICHMENT ................................................... 18 ARTICLE 2.18 CERTIFICATION PAY ...................................................................... 18 ARTICLE 2.19 FIRE MECHANIC PAY ..................................................................... 18 DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 2 SECTION II COMPENSATION .............................................................................. 19 SUBSECTION B BENEFITS ............................................................................................ 19 ARTICLE 2.20 EMPLOYEE BENEFITS .................................................................... 19 ARTICLE 2.21 GROUP TERM LIFE INSURANCE ................................................. 24 ARTICLE 2.22 RETIREMENT .................................................................................... 25 ARTICLE 2.23 DEFERRED COMPENSATION ....................................................... 27 SECTION III HOURS ................................................................................................. 27 ARTICLE 3.01 WORK PERIOD .................................................................................. 27 ARTICLE 3.02 VACATION .......................................................................................... 28 ARTICLE 3.03 SICK LEAVE ....................................................................................... 29 ARTICLE 3.04 BEREAVEMENT LEAVE ................................................................. 32 ARTICLE 3.05 HOLIDAYS .......................................................................................... 32 ARTICLE 3.06 JURY DUTY......................................................................................... 35 ARTICLE 3.07 COURT LEAVE .................................................................................. 36 ARTICLE 3.08 SHIFT EXCHANGE ........................................................................... 36 ARTICLE 3.09 JOB SHARING .................................................................................... 37 ARTICLE 3.10 VOLUNTARY WORK FURLOUGH ................................................ 37 ARTICLE 3.11 LEAVES OF ABSENCE ..................................................................... 38 SECTION IV WORKING CONDITIONS ................................................................ 38 ARTICLE 4.01 PROHIBITED PRACTICES .............................................................. 38 ARTICLE 4.02 CAREER ADVANCEMENT .............................................................. 39 ARTICLE 4.03 CLASSIFICATION STUDIES ........................................................... 40 ARTICLE 4.04 DRIVING ELIGIBILITY ................................................................... 40 ARTICLE 4.05 FITNESS FOR DUTY ......................................................................... 41 ARTICLE 4.06 SUBSTANCE ABUSE POLICY ......................................................... 41 ARTICLE 4.07 MODIFIED DUTY .............................................................................. 42 ARTICLE 4.08 DIRECT DEPOSIT ............................................................................. 42 ARTICLE 4.09 GRIEVANCE PROCEDURE ............................................................. 42 APPENDIX A ........................................................................................................................ 50 APPENDIX B ........................................................................................................................ 55 APPENDIX C ........................................................................................................................ 56 DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 3 SECTION I ADMINISTRATION ARTICLE 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and the Association of Chula Vista Employees (Association) as a result of meeting and conferring in good faith concerning the wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and the California Government Code Section 3500 et. seq., known as the Meyers-Milias-Brown Act. ARTICLE 1.02 RECOGNITION The City recognizes the Association as the exclusive representative for employees in Classifications listed in Appendix A. ARTICLE 1.03 CITY RIGHTS The ASSOCIATION agrees that the City has the right to unilaterally make decisions on all subjects that are outside the scope of bargaining. The exclusive rights of the City shall include, but not be limited to: A. Establish, plan for, and direct the work force toward the organizational goals of the City government. B. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. C. Determine the City budget. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 4 D. Establish, regulate, and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. E. Discipline or discharge employees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. G. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. H. Implement a reduction in authorized positions. I. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. J. Continue to exercise efficient and productive management practices consistent with federal and state laws and in compliance with the City Charter and City ordinances. Terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During the term of this MOU, the ASSOCIATION expressly waives the right to meet and confer with respect to any subject covered in this MOU, unless modified through the voluntary, mutual consent of the parties in a written amendment. This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in the MOU. The parties agree that during the negotiations that culminated in this MOU, each party enjoyed the opportunity to make demands and proposals or counter-proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity are executed in this MOU. The City’s exercise of its management rights is not subject to challenge through the grievance procedure or in any other forum, except where otherwise in conflict with a specific term of this MOU. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 5 ARTICLE 1.04 ASSOCIATION RIGHTS I. Authorized representatives\stewards of the ASSOCIATION shall be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the Appointing Authority or his or her designee when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall determine the appropriate time for such access. A. ASSOCIATION may designate up to eight (8) representatives\stewards (in addition to the President and Vice-President) who will be allowed reasonable access to unit employees. II. The ASSOCIATION may be granted use of City facilities by the appropriate Appointing Authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. The City will provide bulletin boards in each building housing ASSOCIATION represented employees for the exclusive use of ASSOCIATION. The ASSOCIATION shall be responsible to maintain space provided in an orderly condition and shall promptly remove outdated materials. Copies of such communications shall be furnished to the Director of Human Resources for review. IV The City shall bill ASSOCIATION $0.10 per member per pay period for the full costs incurred for dues deduction on behalf of ASSOCIATION. V. ASSOCIATION shall be provided, upon request, such literature and public documents as may be necessary (i.e., City budget, Civil Service Commission meetings, open Council conferences, etc) when the requested documents are not available on the City’s intranet in a manner consistent with the California Public Records Act. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 6 ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they will continue to participate in efforts to contain health care costs. The City and ASSOCIATION agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU. Cooperative Labor Relations between ASSOCIATION and the City are an important issue. As a result, the City and ASSOCIATION may mutually agree to form Labor-Management committees composed of representatives from ASSOCIATION and representatives from management within Departments/Divisions as requested by the Union and/or Management. Once a labor-Management Committeee has been mutually agreed upon both parties shall mutually agree upon the first Labor-Management Committee meeting time and location within 30 days. ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING I. This MOU shall remain in full force and effect from September 14, 2021 through June 30, 2024 and it is understood and agreed that the terms, conditions, wages, and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the ASSOCIATION and adopted by the City Council. If either party proposes to modify or terminate any of the terms or conditions set forth in this MOU for inclusion in a subsequent MOU, they must notify the other party in writing not later than February 28, 2024. ASSOCIATION will endeavor to submit written proposals to the City by February 28, 2024. City agrees that if written proposals are received from ASSOCIATION by February 28, 2024, City will be prepared to commence negotiations on those proposals by March 15, 2024. II. The provisions of this MOU shall be subject to federal, state, and local law. III. If at any time during the term of this MOU, through causes beyond the control of the City, the City does not have a sufficient amount of anticipated budgeted revenues or is required to make substantial unanticipated expenditures, then, in such event, the City may, with mutual agreement of the ASSOCIATION, re-negotiate this MOU and meet and confer on wages, hours and other terms and conditions of employment. This section, however, in no way affects the existing right of the City to lay-off employees. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 7 ARTICLE 1.07 MOU REVISIONS The City and ASSOCIATION agree that during the term of the MOU they will continue to meet and confer on changes to the format and language of the MOU if necessary. The purpose of the proposed changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee Relations Policy, and other City policies and procedures, and to insure the language of the MOU accurately reflects City practice. The City agrees to work with ASSOCIATION to begin the review process and discuss a timeline to meet with all bargaining units to update the Employer/Employee Relations Policy. ARTICLE 1.09 RETENTION OF BENEFITS The represented employees covered by this MOU shall retain all benefits provided in this MOU for the full term of this MOU and for any such additional period of time as provided in article 1.06. Benefits, rights, or privileges not specifically covered by this MOU, but subject to the MMBA, can only be changed after completion of applicable meet and confer requirements, unless otherwise agreed upon by the City and ASSOCIATION. ARTICLE 1.10 SAVINGS CLAUSE If any article or section of this MOU is held to be invalid by operation of law or by any court of competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The parties shall meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for any article or section invalidated by operation of law. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 8 SECTION II COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES I. Salary adjustments shall be made as follows: A. [Salary Adjustments] Salary adjustments shall be made as follows: 1. Effective the first full pay period after ratification by the ASSOCIATION and approval by the City Council of the MOU via resolution in open session: a. Equity Adjustment to median based on the Department of Human Resources March 2021 Salary Survey; and b. 3% Salary increase for all members 2. 2% Salary increase for all members the first full pay period of July 2022; and 3. 3% Salary increase for all members the first full pay period of July 2023. B. Essential Worker Stipend: 1. ACE represented members employed in the pay period in which City Council adopts via Resolution in Open Session shall receive a one-time Non-PERSable $2,000 Stipend in conjunction with the FY21-22 Salary Adjustment; 2. One-time Non-PERSable $1,000 Stipend for all members the first full pay period of July 2022; 3. One-time Non-PERSable $500 Stipend for all members the first full pay period of July 2023; and 4. This premium pay stipend (also called “Essential Worker Premium”) is being paid in response to the American Recovery Plan Act of 2021, where the Federal Government has allowed local fiscal recovery funds to be utilized “(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers … that are performing such essential work…” (https://www.congress.gov/bill/117th-congress/house- bill/1319/text#toc-HA2014788068F45DFB8DF03D5E72AFEE7). C. The term of the MOU shall be from ratification as set forth above to June 30, 2024 II. Merit (Step) Increases will be made according to the formula set forth in the Civil Service rules currently in effect. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 9 The classifications shall be subject to a five (5) step salary range. The normal hire rate shall be Step “A” provided, however, that an exceptionally well-qualified candidate may be hired beyond Step “A” within the established range based upon the recommendation of the Appointing Authority and the Director of Human Resources and approval by the City Manager. III. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall be made effective at the beginning of the regular biweekly payroll period closest to the employee's actual anniversary date as a benefited employee in his or her current position. IV. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay will be the lowest step in the new salary range which will result in the employee receiving at least 5% more than the actual base rate in the old classification. ARTICLE 2.02 OVERTIME I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week he or she shall be granted overtime pay at the rate of 1 ½ times his or her Fair Labor Standards Act (FLSA) "Regular Rate", compensatory time off at 1 ½ times the extra hours worked, or upon employee request and with the approval of his or her supervisor and Appointing Authority, the employee may take off the number of overtime hours worked on a straight-time basis within the same work week. Overtime work shall be permitted only at the direction and advance approval of the employee's immediate supervisor. Payment for overtime shall be made during the pay period in which the overtime was earned. "Time Worked" - Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job that is paid. II. Administration of Overtime - All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless the definition is changed in the Federal Regulations or by court action. III. Meal Break - When employees are required to work over four hours overtime, they shall be granted a 1/2 hour unpaid meal break. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 10 IV. When employees are assigned to work scheduled overtime, that is not directly tied to their beginning or ending work hours, there will be a minimum of two (2) hours paid overtime, at 1 ½ times their regular rate of base pay. ARTICLE 2.03 COMPENSATORY OVERTIME A record of compensatory overtime earned and used shall be maintained on the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 80 hours. The decision to reimburse for overtime hours worked with compensatory time off in lieu of pay will be at the discretion of the employee for the first 40 hours per each fiscal year, but after 40 hours each fiscal year it shall be at the discretion of the supervisor and Appointing Authority based on the employee's request while recognizing the overall department staffing requirements. ARTICLE 2.04 CALLBACK PAY An employee called at home during non-working hours who performs work on behalf of the City will receive a $25 stipend. If the employee cannot complete the task from home and is required to return to work Callback provisions of the MOU apply. The $25 stipend will be paid in addition to any compensation earned pursuant to the Callback provisions. ASSOCIATION and the City will meet and confer to create guidelines for implementation of this stipend article. Until guidelines are agreed upon and implemented, requests for stipend payment will be considered on a case-by-case basis. Whenever employees are called back to work after they have left their work site and are required to return to work before the scheduled start of the next shift, they will receive $60 in addition to a minimum of two (2) hours of overtime pay. Any combination of hours worked on the callback and hours of leave requested that exceed eight (8) will be paid at the overtime rate. The callback bonus and two (2) hour overtime minimum will only apply when the employee has not been notified of the date and time of the callback prior to leaving the work site. Any temporary changes to an employee’s regular work schedule shall not be used to avoid callback. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 11 ARTICLE 2.05 SAFETY MANDATED REST PERIODS Section 2.05.01 PSO Rest and Recovery It is the purpose and intent to provide guidelines to employees and their supervisors to ensure Police Service Officers receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This intent is a “work in progress” and may be modified at any time upon mutual consent of the City and the Union. It is the intent of the City and the Union to allow for a minimum of seven (7) total hours for rest and recovery during any given 24-hour period. After a PSO has worked sixteen (16) paid hours in any given 24-hour period, the employee has the option to take a minimum of seven (7) consecutive hours off for rest and recovery prior to returning for work or call back. If any portion of the required rest period extends into the employee’s normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4) hours, that portion of the rest period extending into the employee’s normal work shift. Section 2.05.02 Forensic Specialists Rest and Recovery It is the purpose and intent to provide guidelines to employees and their supervisors to ensure that Forensic Specialists receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This intent is a “work in progress” and may be modified at any time upon mutual consent of the City and ASSOCIATION. It is the intent of the City and ASSOCIATION to allow for a minimum of seven (7) total hours for rest and recovery during any given 24-hour period. If a Forensic Specialist has worked their normal shift (8 or 9) paid hours in any given 24-hour period and is called back to work before the start of their normal shift and no break is given, the Forensic Specialist has the option to take a minimum of seven (7) consecutive hours off for rest. The City will pay, hour-for-hour up to a maximum of four (4) hours, for rest period during the employees normal work shift. If, as a result, the employee would work less than a full shift upon returning to complete their normal work shift, the employee shall have the right to submit a leave request for the remainder of the work shift and will not be required to return to work for that shift. For all other conditions, such as multiple callbacks or when an employee has worked more than twenty-four (24) hours during the forty-eight (48) hours during the weekend, the above provisions shall also apply. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 12 Section 2.05.03 General Rest and Recovery It is the purpose and intent of this rule to provide guidelines to employees and their supervisors to assure that employees who are involved and work in and around construction sites, traffic, and/or heavy equipment and machinery receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This rule may be modified at any time upon mutual consent of the City and ASSOCIATION. After an employee has worked sixteen (16) paid hours in any given 24-hour period, the employee shall be required to take a minimum seven (7) consecutive hours off for rest and recovery prior to returning for work or call back. If any portion of the required rest period extends into the employee’s normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4) hours, that portion of the rest period extending into the employee’s normal work shift. If, as a result, the employee would work less than a full shift upon returning to complete their normal work shift, the employee shall have the right to submit a leave request for the remainder of the work shift and will not be required to return to work for that shift. For all other conditions, such as multiple callbacks, the employee shall be required to have a minimum of seven (7) total hours for rest and recovery during any given 24-hour period. If any portion of the required rest and recovery period extends into the employee’s normal work shift, then the above provisions shall also apply. Section 2.05.04 Police Dispatcher Rest and Recovery It is the purpose and intent to provide guidelines to employees and their supervisors to ensure Police Dispatchers receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This intent is a “work in progress” and may be modified at any time upon mutual consent of the City and ASSOCIATION. It is the intent of the City and ASSOCIATION to allow for a minimum of seven (7) consecutive hours for rest and recovery during any 24-hour period. After a Police Dispatcher has worked sixteen (16) paid hours in any given 24-hour period, the Appointing Authority may require the employee to take a minimum of seven (7) consecutive hours off for rest and recovery prior to returning for work or call back. If any portion of the required rest period extends into the employee’s normal work shift, then the City will pay, hour- for-hour, up to a maximum of four (4) hours, that portion of the rest period extending into the employee’s normal work shift. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 13 ARTICLE 2.06 STANDBY PAY I. Definition - Standby duty is defined as that period of time assigned by the Appointing Authority in addition to the employee's normal work week during which time the employee must be available by City provided cell phone. Hours spent on standby will not be considered hours worked. Employees assigned to standby duty are subject to the provisions of Section 2.02 overtime. II. Standby pay - Employees on standby shall be compensated at the rate of $200 in additional pay for each full work week during which they are assigned to standby duty. Such employees are bound by the City's Substance Abuse Policy while on standby duty. ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT I. An employee will earn out-of-class (OCA) pay, a minimum of 7.5% above the employee’s current salary rate up to a maximum of 15%, when designated, by a supervisor, as working out of class and has worked at least six (6) hours of a full day’s shift (be it 8, 9, or 10 hours, consecutively, depending on their works schedule) or more in that OCA designation. Upon working the six (6) hours in one (1) shift in the OCA designation, the employee shall be compensated OCA pay beginning the first hour they began work. For employees in the police dispatcher classification only, they will earn OCA pay when they have been designated, by a supervisor, as working out-of-class and they have worked 8 hours or more in that designated OCA position during a given 14-day, biweekly, pay period. II. If the out-of-class assignment lasts in excess of 6 consecutive months, the employee will receive an additional 5% compensation. Increases greater than 5% must be approved by the Director of Human Resources. Requests for out-of-class compensation shall be submitted by the Appointing Authority on a “Payroll Change Order Request” form as percentage amounts only. III. The duration of out-of-class assignments shall not exceed twelve months. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 14 ARTICLE 2.08 SPECIAL PROJECT PAY ASSOCIATION represented employees may be eligible to receive a maximum of 15% above their base pay when assigned by the Appointing Authority or designee and approved by the City Manager and the Director of Human Resources to a “Special Project”. ARTICLE 2.09 FIELD TRAINING OFFICER PAY A. ASSOCIATION public safety employees who are designated by the Appointing Authority as Field Training Officers (FTOs) will be paid an additional $2.40 per hour when they are actually engaged as FTOs. B. ASSOCIATION employees who are designated by the Appointing Authority as a Formal Trainer will be paid a ten ($10) dollar stipend for every 4 hours in a work week they are actually engaged in formal training activities. Formal training is training designated by the Appointing Authority in advance and has been determined that it is more cost effective to have the training provided internally. An example of such training is confined space, but does not include tailgate type training or similar less formal updates. Employees must be recognized by the Appointing Authority as having the requisite qualifications for required certifications and/or licenses to provide training to employees. ARTICLE 2.10 BILINGUAL PAY Those employees who, upon the recommendation of the Appointing Authority and approval of the Director of Human Resources, are regularly required to use their bilingual skills in the performance of their duties will receive $100 per month in addition to their regular pay. Upon appropriate approval, employees requesting bilingual pay must successfully complete a Bilingual Performance Examination. Employees who wish to continue receiving bilingual pay must successfully complete a Bilingual Performance Examination once every three (3) years. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 15 [Advanced Bilingual Pay] Those employees who, upon the recommendation of the Appointing Authority and approval of the Director of Human Resources and receives the above pay, are assigned to translate into writing a document from English to another language or vice versa will receive $5.00 per hour for actual time spent translating in addition to the bilingual pay stipend. Upon appropriate approval, employees requesting bilingual pay must successfully complete an Advanced Bilingual Performance Examination. ARTICLE 2.11 SHIFT DIFFERENTIALS I. In addition to their regular salary, ASSOCIATION represented employees shall receive extra compensation of $80 per biweekly pay period (one time per pay period) under the conditions listed below. Under no circumstances shall an employee receive compensation for more than one of these conditions during any one pay period: A. When scheduled to work a majority of their shift after 5 p.m. or before 8 a.m. for a majority of a work week. (6:00 a.m. – 4:00 p.m. in Public Works) B. When regularly scheduled daily work shifts are regularly split by two or more consecutive hours for a majority of a work week. C. When regularly scheduled shifts result in split shifts which do not allow for two consecutive days off. II. In addition to their regular salary, PSO’s and Dispatchers regularly assigned to the graveyard shift shall receive shift differential pay in the amount of $110 per pay period (one time per pay period) (“Graveyard Differential”). PSO’s and Dispatchers receiving Graveyard Differential shall not receive any other form of shift differential pay. A PSO and/or Dispatcher who is temporarily assigned to grave yard shift (including overtime), but not regularly assigned, shall not receive the shift differential pay stated in this paragraph, but may be eligible for shift differential as set forth in Section I. Dispatchers shall be deemed to be working graveyard shift if they (1) work for four or more days in a two week period and (2) the majority of their shift is worked during the time period between 10:00 pm and 6 am. PSO’s shall be deemed to be working graveyard if they (1) work four or more days in a two week period and (2) the majority of their shift during the time period between 10 pm and 6 am. III. A night shift differential shall not be paid for standby duty. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 16 IV. Notice of Change in Work Schedule The City will strive to give at least fourteen calendar days (14 calendar days) notice to employees when management initiates a change in an employee’s work schedule except in cases of emergencies. ARTICLE 2.12 MILEAGE REIMBURSEMENT Employees shall be subject to the City’s Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be equal to the current maximum IRS rate. ARTICLE 2.13 SAFETY EQUIPMENT Safety equipment and training, including appropriate, approved, self-defense training such as “pepper spray use” will be provided to employees as recommended by their Appointing Authority, and with the approval of the Director of Human Resources. ARTICLE 2.14 PROTECTIVE CLOTHING A. Employees are eligible to be reimbursed up to $225 per pair, as needed and when approved by the Appointing Authority, for the purchase of safety shoes when it has been determined by their Appointing Authority or the Director of Human Resources, that because of their duties, the wearing of safety shoes is required and up to $225 per pair, as needed, when approved by the Appointing Authority for the purchase of specialty logger boots. B. In order to promote a safe working environment and protect employees from eye injury, city employees are required to wear eye protection whenever a task involves the possibility of preventable eye injury. All eye protection devices must be of a type appropriate for the anticipated hazards and according to Cal-OSHA and must meet or exceed ANSI Standard Z87.1. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 17 City employees required to wear corrective lenses while driving as indicated on their Drivers License or for seeing close up will be provided corrective safety glasses through a City program. Employees will be allowed prescription glasses on a one pair per employee basis bi-annually. If prescription safety glasses are damaged as a result of a workplace hazard, the supervisor shall request a replacement pair. If, ahead of the normal replacement schedule, prescription safety glasses are lost or damaged because of non-work related reasons, employees will replace the prescription safety glasses at their own expense. Employees participating in the safety glasses program will be allocated $175 which will be used to pay for the basic frames, lens styles, lens materials, shading options, UV and scratch resistant coating. Employees may select features, beyond what the City covers, at their own expense, but personal options shall not conflict with the primary purpose of the glasses. If the city vendor does not provide the ability for the employee to choose options beyond what the City covers, the employee will be able to obtain safety glasses through an alternative vendor and be reimbursed up to $175 for the basic covered cost for basic frames, lens styles, lens materials, shading options, UV and scratch resistant coatings. ARTICLE 2.15 TOOL ALLOWANCE Employees in classifications required to purchase and/or replace approved tools used in a work capacity are eligible to receive $900 per fiscal year. Mechanic Assistants who purchase and/or replace tools used in a work capacity will receive $430 per fiscal year. ARTICLE 2.16 UNIFORMS I. The classifications listed in Appendix B will wear uniforms supplied and maintained by the City. Five uniform changes will be made available to each employee each week. Employees will be held responsible for the loss or misplacement of said uniforms. In the event of uniform loss, the employee will be required to reimburse the City for the uniform's replacement unless employee can show non-negligence on employee's part. II. The City will reimburse employees in the classifications listed in Appendix C for uniforms and will provide a uniform cleaning allowance of $6.73 bi-weekly when authorized by their Appointing Authority. The allowance will be paid to employees who have spent more than 50% of their working hours in uniform during the fiscal year. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 18 III. The City will provide uniform shorts to employees in classifications listed in Appendix B and will reimburse employees in classifications listed in Appendix C for the purchase of uniform shorts when approved by the Appointing Authority and the Risk Manager. IV. The City will report to CalPERS the actual monetary value of the items issued above for ASSOCIATION covered CalPERS’ Classic members. The value shall not exceed $1,000 per fiscal year. ARTICLE 2.17 PROFESSIONAL ENRICHMENT Employees represented by ASSOCIATION are eligible to participate in the City’s Professional Enrichment Program. To qualify as a reimbursable expense, the employee must demonstrate a link to their current job or career path. Requests for professional enrichment reimbursement must be approved by the employee’s supervisor, prior to any expenses being incurred, under the following terms: • Relevant training needs/requests are identified in performance goals • Training to improve current skills or help in career advancement • Employee shall, upon request, report out/follow-up after training The annual Professional Enrichment Fund allotment for ASSOCIATION employees is $71,950. An employee is eligible to receive up to $2,000 per fiscal year for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager’s designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. ASSOCIATION and City may, by mutual agreement, use up to one-half of these funds for agreed upon classroom training, organization development, or team building. ARTICLE 2.18 CERTIFICATION PAY DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 19 For employees that meet the criteria of the Certification Pay Policy and who have obtained, at their own cost, certifications/licenses that provide a direct benefit to the City by enhancing their knowledge and skills, above those required by their job classification, the City will provide, per 14-day, biweekly, pay period, $30 for one to three (3) job-related certificates, or $75 for four (4) or more job-related certificates. The request for certification pay must be approved by the Appointing Authority and the Director of Human Resources. Certification pay expires at the end of the pay period that includes the expiration date of the certificate. Employees are responsible for resubmitting requests for certification pay once they have renewed their certificate. Article 2.19 FIRE MECHANIC CERTIFICATION In addition to their regular salary, Equipment Mechanics and Sr. Equipment Mechanics represented by SEIU/CVEA shall receive one of the following extra compensations: • 2.0% of base salary for obtaining and maintaining a State of California Fire Mechanic I • 5.0% of base salary for obtaining and maintaining a State of California Fire Mechanic II Only one of the above compensation amounts may be paid and they may not be combined with each other. This certification is not eligible for Certification Pay as described in Section 2.18 above. SECTION II COMPENSATION SUBSECTION B BENEFITS ARTICLE 2.20 EMPLOYEE BENEFITS DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 20 Employees are eligible for benefits if employed: A. Directly by the City of Chula Vista and B. working in a half time (40-hours) or more position in an 80-hour biweekly pay period. I. Cafeteria Plan The City will provide to each represented employee a Cafeteria Plan allotment to purchase benefits under Section 125 of the Internal Revenue Code. ASSOCIATION acknowledges that Section 125 of the IRC requires that the Cafeteria Plan be adopted by the City Council prior to the end of the calendar year. Accordingly, the City and ASSOCIATION agree: 1) That the parties will meet at the earliest possible time to discuss Cafeteria plan changes; 2) That the parties may prepare a timeline/schedule to ensure timely and expeditious discussions; 3) That the parties shall engage in good faith discussions; 4) That if the discussions have reached impasse and there is sufficient time prior to the required IRC plan adoption date or if both parties otherwise agree, the parties will submit the matter for non-binding advisory mediation, with the mediator chosen in the same manner set forth in the Grievance Procedure; and 5) The City Council, to ensure timely compliance with Section 125 of the IRC, may at any time in the month December unilaterally adopt the Plan Document containing the specific provisions of the Plan (including plan changes) without mutual agreement and prior to the completion of paragraphs 1-4 of this section. A. Enrollment Newly eligible employees (new hires or those changing from an ineligible to an eligible position) will be covered under the City’s Cafeteria Benefits Plan effective their date of hire in that eligible position. All of the Cafeteria Benefits are effective from the employee’s date of hire except the Dental Plans which are effective the first of the month following the employee’s date of hire in an eligible position. Employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be enrolled in the Employee Only category of the lowest cost City sponsored health plan. Employees who fail to submit required benefit election forms during Open Enrollment will be enrolled in their same health plan with all other elections being cancelled and the balance of their flex allotment being placed in the taxable Cash option. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 21 B. Cafeteria Plan Allotment 1. The Flex Benefit amount for Employee Only, those with coverage outside of the City, and those employees covered by another City employee is fixed at the amount provided in the calendar year 2015 ($13,024). The flex amount for Employee + 1 and Employee + Family will be adjusted under the current 50/50 cost sharing formula, utilizing the average cost increase of the full-family, non- indemnity, health plan premiums. Eligible part-time employees will receive an allotment in the proportion that such part-time employment bears to full-time employment. 2. [ACA Reopener] The City provides medical benefits (via a cafeteria plan as set forth in Article 2.19) to ASSOCIATION represented employees. These benefits are subject to the Federal Affordable Care Act (“ACA”). The City, upon notice to ASSOCIATION, may reopen this MOU when the City has been informed of or is aware of non-compliance with the ACA, including a “Cadillac” tax. The City shall provide notice to ASSOCIATION of the nature of the act or omission that forms the basis of ACA non-compliance. The City and ASSOCIATION shall thereafter promptly meet and confer to the extent required by the MMBA. The City provides a Cafeteria Plan allotment amount (“Allotment”) to ASSOCIATION represented employees to purchase benefits qualified under Section 125 of the IRC as set forth in Article 2.19 of the MOU. The Allotment for 2015 is $13,024, but may increase on a yearly basis. The City shall provide a comparable or replacement benefit to any benefit lost as a result of compliance with the ACA, including a “Cadillac Tax.” The aforementioned comparable or replacement benefit shall be up to, but not exceed the Allotment amount, as provided for in Article 2.19(I)(B)(1) (currently $13,024 for 2015), less any remaining or non-impacted Allotment amounts. The aforementioned Allotment amount shall also not be increased to account for taxation benefits. The City shall also, to the extent necessary, earmark and set aside the impacted Allotment amounts (provided for in Article 2.19(I)(B)(1) [Cafeteria Plan]) so that they may be used to provide the aforementioned comparable or replacement benefit. The City shall endeavor to ensure that any plan design changes will have the least impact on employees as possible and still comply with the ACA. This re-opener shall be used only to ensure ACA compliance, including a “Cadillac” tax. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 22 C. Available Cafeteria Benefits 1. Health Insurance (Mandatory) From the Cafeteria Plan allotment, each represented employee must select coverage for him or herself under one of the City sponsored medical plans. However, if the employee has group medical insurance from another reliable source that is acceptable to the City of Chula Vista Department of Human Resources, the employee may elect to decline medical insurance from a City provider and apply the value, of the City’s “Flexible Benefit Plan” contribution to other available City Flex options. Any employee married to another benefited City employee who is covered under his or her spouse’s plan may waive coverage under the Cafeteria Plan and will receive full credit. Any employee who declines medical insurance coverage may enroll in the City medical plan prior to the next open enrollment only if the employee involuntarily loses the coverage. Enrollment application must be received in Human Resources within 30 days from loss of coverage. The employee, through payroll deductions, will pay any premium cost in excess of the Cafeteria Plan Allotment. 2. Dental (Optional) Represented employees will be eligible to participate in any City sponsored group dental plan. Any difference between the employee’s available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. 3. Dental/Medical/Vision (D/M/V) and Dependent Care Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan allotment to either of these reimbursement account options. 4. Vision (Optional) Represented employees will be eligible to participate in a City sponsored group vision plan. Any difference between the employee’s available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 23 5. Cash (Optional) For employees hired into the ASSOCIATION on or before December 31, 2017: Represented employees may allocate a portion of their Cafeteria Plan allotment to a taxable cash payment. These payments will be paid to employees the first two paychecks of each month (24 times per year). Effective January 1, 2018: Employees hired into the ASSOCIATION on or before December 31, 2017 may elect to receive up to $9,100 of unused funds as a taxable cash option. The maximum an employee can cash out each year cannot exceed the cash option that they received in the previous calendar year. Employees hired into the ASSOCIATION on or after January 1, 2018 there will be no taxable cash payment. Addtional term: The City provides a cafeteria plan that permits a cash-out of unused cafeteria benefits. The cafeteria plan and the cash-out are permitted under both the FLSA and IRC. However, should there be any litigated case, court opinion or decision, or administrative opinion or decision (whether or not they involve the City as a party) that finds or determines that the cafeteria plan or cash-out is improper, results in an increase in the regular rate of pay, or invalidates the plan’s IRC Section 125 tax exemption, then the cash-out will immediately terminate and the City shall offer a special open enrollment period for impacted employees. 6. Flexible Spending Accounts (FSAs) – Health Care and Dependent Care Represented employees will be eligible to participate in the two Flexible Spending Account (FSA) options offered by the City. Employees may elect to set aside a portion of their salary, on a pre-tax basis, to fund eligible health care and dependent care expenses. If the City does not meet IRS regulations, or if the IRS regulations change for any reason, this benefit may be discontinued. The City reserves the right to contract with a Third Party Administrator for the administration of FSAs. The City will pay the start-up costs associated DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 24 with third party administration. Participating employees will pay any required fees (monthly, per employee, per transaction, etc.). D. Short-Term/Long-Term Disability The City agrees to contribute the amount necessary to provide short-term disability and long-term disability protection for each represented employee. Short-Term Disability- A thirty (30) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. Long-Term Disability- A ninety (90) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. Disability Plus- If the employee has a loss of two (2) or more activities of daily living (ADL), they will be eligible for an additional 20% of their monthly earnings subject to the policy and contract provisions. E. Retiree Healthcare Employees in Tier 1, that are employed by the City at the time of retirement, will be eligible to elect to participate in the City’s blended healthcare rates during the term of this MOU. ARTICLE 2.20 GROUP TERM LIFE INSURANCE The City agrees to pay the premium for $50,000 of group term life insurance for each represented employee. Represented employees may apply for themselves and their eligible dependents to purchase from $50,000 to $300,000 of supplemental group term life insurance in $10,000 increments through the City's group insurance plan with employees paying the additional cost through payroll deductions. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 25 ARTICLE 2.21 RETIREMENT The City will provide to represented members retirement benefits via contract with the California Public Employees Retirement System (CalPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas for local miscellaneous employees: Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2% @ 60 Tier 3** Local Miscellaneous 2% @ 62 *New CalPERS members on or after 04/22/2011 through 12/31/2012 **New CalPERS members on or after 01/01/2013 Tier 1: 3% @ 60 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, ASSOCIATION-represented Tier 1 Employees will continue to make the required - employee contribution (with no EPMC) of 8% for Local Miscellaneous, but will also contribute the below amounts (in a phased-in manner) to the Employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Accordingly, ASSOCIATION-represented Tier 1 Employees shall make the following pension contributions: Local miscellaneous represented employees in Tier 1 shall contribute 8%, on a pre-tax basis, to the extent permitted by the Internal Revenue Code, which will be applied to the employee contribution to CalPERS. There shall be no Employer Paid member Contribution (“EPMC”). In addition, ASSOCIATION represented Local Miscellaneous employees in Tier 1 shall also contribute the amounts stated below on the employer’s side (GC 20516) until equal sharing of normal costs is reached: • Up to 11% the first full pay period of July 2019(8% Employee side and up to 3% Employer side), not to exceed 50% of normal cost as determined by CalPERS. • 50% cost sharing will be implemented effective the last full pay period of June 2024 (8% Employee side and remaining percentage Employer side). The following is a summary of Tier 1 CalPERS contract provisions: DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 26 A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 2: 2% @ 60 Pension Contributions: PEPRA provides that equal sharing of normal costs shall be the standard. To reach that standard, ASSOCIATION-represented Tier 1 Employees will continue to make the required - employee contribution (with no EPMC) of 7% for Local Miscellaneous, but will also contribute the below amounts (in a phased-in manner) to the Employer’s side (pursuant to Government Code (GC) section 20516) to reach the CalPERS standard of equal sharing of normal costs. Accordingly, ASSOCIATION-represented Tier 2 Employees shall make the following pension contributions: Local miscellaneous represented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to CalPERS. There shall be no Employer Paid Member Contribution (“EPMC”). In addition, ASSOCIATION represented Local Miscellaneous employees in Tier 2 shall also contribute the amounts stated below on the employer’s side (GC 20516) until equal sharing of normal costs is reached: • Up to 10% in the first full pay period of July 2019, (7% Employee side and up to 3% Employer side), not to exceed 50% of normal cost as determined by City’s Actuary. • 50% cost sharing will be implemented effective the last full pay period of June 2024 (7% Employee side and remaining percentage Employer side). The following is a summary of Tier 2 CalPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 27 C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 3: 2% @ 62 Local miscellaneous represented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the CalPERS employee contribution. There is no Employer-Paid Member Contribution (“EPMC”). Final compensation will be computed based on the highest average compensation during a consecutive 36-month period, subject to the compensation limit set by CalPERS. Contract provisions for Tier 3 benefits will be determined by CalPERS pursuant to the California Public Employees’ Pension Reform Act of 2013. Employee cost share is determined by PEPRA. However, should the equal cost share exceed the limits set in PEPRA employees will contribute to the employer share as in Tiers 1 & 2. ARTICLE 2.22 DEFERRED COMPENSATION ASSOCIATION members shall be eligible to participate in any approved deferred compensation plan offered by the City. SECTION III HOURS ARTICLE 3.01 WORK PERIOD I. The work period is a fixed and regular recurring period of work hours during the seven consecutive 24-hour periods beginning at 12:01 a.m. on Friday morning and ending at 12:00 midnight the following Thursday evening. However, employees on an alternative work schedules may have differing work periods as assigned by the City. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 28 A. Police Dispatchers and Police Service Officers will be on call during their paid meal break. As such, they shall remain in the designated area during the meal break. B. Community Service Officers assigned to uniformed field duty will be on call during paid meal break. Uniformed field duty does not include CSO’s in investigations or other administrative assignments. ARTICLE 3.02 VACATION I. Definitions For the purpose of this article, the definitions relating to vacations as found in the Civil Service rules shall apply. II. Vacation A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. This benefit will be calculated based on 26 pay periods per fiscal year. The following provisions shall apply: 1. Employees will accrue 80-hours during the first through fourth years of service (cumulative to a total leave balance of 180-hours). This benefit will be accumulated at the rate of 3.08 working hours for each full biweekly pay period of service performed. 2. Employees will accrue and be eligible to receive 120-hours (cumulative to a total leave balance of 260-hours) during the fifth through ninth year of service. The benefits will be accumulated at the rate of 4.62 working hours for each full biweekly pay period of service performed. 3. Employees will accrue and be eligible to receive 160-hours (cumulative to a total leave balance of 340-hours) during the tenth through fourteenth years of service. This benefit will be accumulated at the rate of 6.15 working hours for each full biweekly pay period of service performed. 4. Employees will accrue and be eligible to receive 200-hours (cumulative to a total leave balance of 420-hours) during the fifteenth and succeeding years of service. This benefit will be accumulated at the rate of 7.69 working hours for each full biweekly pay period of service performed. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 29 5. Rounding may extend further decimal places as payroll systems are upgraded. 6. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date which includes the employee anniversary date of benefited status. 7. Vacation sell back – All members of represented classifications who have completed at least five (5) years of service shall have the option of selling up to 80- hours of said vacation back to the City one time per fiscal year. The accumulated vacation balance will be reduced accordingly. B. Each part time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (1), (2), (3), or (4) and shall be in the proportion that such part-time employment bears to full-time employment. C. Employees separated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsection (1), (2), (3), or (4). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. D. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour. Absences may not be charged to vacation not already accumulated. ARTICLE 3.03 SICK LEAVE A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability due to the injury or illness of the employee or members of their immediate family. For purposes of this article, the City shall follow state and federal law, to include immediate family is defined as spouse, domestic partner, child, stepchild, parent, stepparent, sibling, parent-in-law, grandparent, or any other person living as a member of the employee's immediate household. B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.69 working hours for each biweekly pay period of active service, 96- hours annually, beginning at the time of full-time probationary employment. This benefit is calculated on 26 pay periods per fiscal year. Permanent part-time DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 30 employees shall receive sick leave pay in the proportion that such part-time employment bears to full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the Appointing Authority and the Human Resources Director and with the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to sick leave not already accumulated. In order for sick leave to be approved, the employee must call his or her immediate supervisor or sick leave call in line within one-hour of the time to begin work. If the immediate supervisor is unavailable, the employee must leave word with a designated individual that he or she is too sick to come to work or has a contagious condition that would make his or her presence at the worksite dangerous for other employees. In cases where it is impossible to call (e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick leave until the employee can explain why he/she did not call within the one-hour. The immediate supervisor will then make a determination as to the allowability of sick leave use. E. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit stating that the employee is unable to perform the essential functions of his or her job in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his or her supervisor that a doctor's certificate shall be required when the employee notifies the City that he or she will be absent by reason of illness or disability. Sick leave verification may be requested at any time it appears there is a pattern or practice of sick leave use that could be related to abuse, regardless of whether or not the individual has a sick leave balance on the books. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement. Sick leave will then be monitored for a period of six-months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and including termination. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 31 F. Sick Leave Reimbursement 1. Employees using thirty-two hours (32) of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to vacation. 2. Vacation shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: REMAINING YEARLY SICK LEAVE VACATION OPTION (25%) 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 hrs 16 hrs 56 hrs or less 0 3. If the vacation option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 32 hours of sick leave. He or she then elects to receive vacation for 25% of the remaining hours as conversion to vacation, or 16 hours. The 16 hours are subtracted from his or her remaining yearly sick leave and the other 48 hours are added to the employee's accumulated sick leave balance.) 4. Conversion will be made during the month of July of each year. 5. Conversion will be made only to employees on the payroll twelve (12) consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 100% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary as prescribed by law. G. Donated Sick Leave DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 32 1. Employees may choose to donate any accrued, but unused, sick leave to another City employee who has exhausted his or her accrued leave due to a disability caused by prolonged illness or injury of the employee or a member of his/her immediate family, subject to and in the manner set forth in Human Resources Policy and Procedures, Policy 614, except as modified herein. Sick leave donations will be made in hourly increments. In order for employees to donate accrued unused sick leave as stated herein, the donating employee must have a minimum 80 hours of banked unused sick leave for themselves. The donated sick leave may not cause the donating employee to fall below the minimum hours required to be banked as stated herein and the donating employee may not donate more than a total of 24 hours of unused sick leave in any fiscal year. ARTICLE 3.04 BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined by the IRS, or any other person living in the same household as the employee or an immediate family member of the employee’s spouse; and after such employee makes written request and receives written approval from their Appointing Authority, such employee may be allowed to use their accumulated sick leave, vacation, compensatory time or floating holiday time for up to five (5) working days, plus three (3) travel days. ARTICLE 3.05 HOLIDAYS Hard Holidays for employees who work the traditional Monday through Friday work week will be celebrated on the day that City offices are closed. For the term of this agreement, the following are the recognized hard holidays: INDEPENDENCE DAY JULY 4th LABOR DAY 1st MONDAY IN SEPTEMBER VETERANS’ DAY NOVEMBER 11th THANKSGIVING DAY 4th THURSDAY IN NOVEMBER DAY AFTER THANKSGIVING CHRISTMAS DAY DECEMBER 25th DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 33 NEW YEAR’S DAY JANUARY 1st MARTIN LUTHER KING, JR. DAY 3rd MONDAY IN JANUARY CESAR CHAVEZ DAY MARCH 31st MEMORIAL DAY LAST MONDAY IN MAY I. Hard Holiday Pay A. Full time employees shall receive eight (8) hours pay at their regular hourly rate for each hard holiday. Permanent part-time employees shall receive holiday pay at their regular hourly rate in the proportion that such permanent part-time employment bears to full-time employment. B. For all employees (except for Library employees and full-time employees who work a 4-10 work schedule or a 9/80 work schedule) if a hard holiday falls on the employee's first regularly scheduled day off, the holiday will be recognized on the previous day; if it falls on the employee's second regularly scheduled day off, the holiday will be recognized on the following day. If the eligible employee must work on the day to be recognized as a hard holiday, the employee shall be paid overtime compensation in addition to the hard holiday pay. Overtime compensation, in addition to the holiday pay, shall be paid to eligible employees who must work on any hard holiday. C. Employees who work a flexible schedule (a 9/80 or 4/10) and who cannot observe a normal holiday schedule: 1. If a hard holiday falls on the employee's regularly scheduled day off, the employee will receive eight (8) hours pay. 2. If a hard holiday falls on an employee's regularly scheduled work day and the employee takes that day off, he or she will receive eight (8) hours of holiday pay for that day and may use the appropriate number of hours of discretionary leave to supplement the eight-hours (8) of holiday time in order to reach 40-hours for that work week. Or, with supervisor approval, the employee may choose to work the appropriate number of hours during the week of the holiday in order to reach a total of 40 hours for that work week. 3. If an employee works a hard holiday, the employee will receive the appropriate holiday hours pay based on their established schedule plus time and one-half for each hour actually worked. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 34 4. If a represented permanent part-time employee works on a day to be observed as a hard holiday, the employee will receive holiday pay corresponding to the employee's full time equivalent hours plus pay at time and one-half for each hour worked. 5. If a hard holiday falls on the regularly scheduled day-off of a permanent part-time employee or if a hard holiday falls on a regularly scheduled work day but his or her work site is closed in observance of the holiday, the employee shall receive holiday pay corresponding to the employee's part time equivalent hours. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday for employees working a non-Monday-Friday flexible work schedule OR the day when the normal operations of his or her department or division are closed for those employees working a Monday-Friday flexible work schedule. II. Floating Holidays A. Effective the first pay period in July of each fiscal year of this MOU, employees shall be credited with eight (8) hours floating holiday time each for Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent part-time employees paid at a bi-weekly rate shall be credited floating holiday time in the proportion that such part-time employment bears to full-time employment. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their Appointing Authority. 1. ASSOCIATION represented employees shall also be allotted eight (8) additional hours of floating holiday per year for fiscal years 2021-2022, 2022-2023 and 2023-2024. The eight (8) hours may be taken in the same manner as vacation leave. The eight (8) hours must be used in its respective fiscal year, may not be carried over to the next fiscal year, and may not be cashed out. B. Floating Holiday Use - Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 35 ARTICLE 3.06 JURY DUTY Permanent and probationary employees who are called to serve on jury duty for any county, state, or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. They must present to their supervisor the court order to appear for jury duty at least three (3) weeks prior to their date to report. B. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. C. If jury service and travel time from court to work is less than five (5) hours (6 hours for a person on a 9/80 plan, 7 hours for person on a 4/10 plan) in a work day, the employee is expected to return to work unless a justification is provided and approved or pre-authorized leave is approved. D. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. E. If the employee is not required to report for jury duty on any particular day(s) the employee is then expected to be at work as per his or her normal schedule. F. It is the employees' responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. G. Absence due to jury duty will be submitted on the City leave form. H. Employees whose work week is other than Monday through Friday (8:00 a.m. to 5:00 p.m.) may, if requested, have their jury duty work day adjustments made by their supervisor. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 36 ARTICLE 3.07 COURT LEAVE Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a citizen to serve as a witness in a court action to which the employee is not a party, before a federal or superior court located within San Diego County. Court leave shall be limited to: A. Required attendance before a federal or superior court located within San Diego County. B. Time in attendance at court together with reasonable time between court and work if attendance is for less than a full day and the employee can reasonably be expected to return to work. C. Court leave shall not be granted when the employee is paid an expert witness fee. D. Court leave will only be granted to employees who are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. E. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. F. When employees are subpoenaed in the line of duty, and are required to report to court while off duty, they shall be guaranteed a minimum of three (3) hours over- time pay for each separate court appearance, including travel time. ARTICLE 3.08 SHIFT EXCHANGE Public safety dispatchers and Police Services Officers (“PSO”), subject to Appointing Authority approval, may swap shifts within a work week so long as it does not result in overtime, additional compensation, or interferes with operation of the department. Shift changes will also not be allowed, if by working the shift exchange, an employee would not have an eight (8) hour safety rest period between the exchange shift and the employee’s next regularly scheduled shift. “Paybacks” of shift trades are the obligations of the employees involved in the trade. Any dispute as to paybacks is to be resolved by the involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or who are assigned other duties. A record of all shift trades and “paybacks” shall be maintained by the involved employees on forms provided by the department. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 37 ARTICLE 3.09 JOB SHARING ASSOCIATION represented employee may submit a request to his or her appointing authority to share his or her job with another eligible and qualified employee. The Human Resources Director, after consideration of a recommendation by the Appointing Authority, may grant or deny such request. Approval shall not be unreasonably withheld. If granted, jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the Appointing Authority (as defined in the City Charter) at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. ARTICLE 3.10 VOLUNTARY WORK FURLOUGH The work furlough period is forty (40) hours per fiscal year. Employees will be given notice on May 1st or the first Monday following May 1st of the necessity to sign up for voluntary work furlough and will be given three weeks to complete the request. Employees will be allowed to use furlough hours in accordance with the city’s vacation leave policies and the sections of this MOU dealing with vacation leave usages. The work furlough will continue until reduced or discontinued by mutual agreement of the parties and will have no impact on employee benefits to the extent permitted by law. I. Employees taking leave will be required to use furlough hours before any other leave balances, excluding leave hours being taken under the City’s sick leave policy or the article of this MOU covering the use of sick leave. II. Employees, who, through no fault of their own, are not allowed to take their furlough hours within the fiscal year will have the remaining hours carried over for use during the next fiscal year. To be eligible for carryover, employees must demonstrate in writing that they requested time off during the fiscal year and that their requests were denied by the Appointing Authority. Any hours carried over must be used in the new fiscal year. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 38 ARTICLE 3.11 LEAVES OF ABSENCE MILITARY LEAVE For purpose of this MOU, the Civil Service Rules regarding Military Leave and Leaves of Absence are incorporated by reference as though set out in full in this article. SECTION IV WORKING CONDITIONS ARTICLE 4.01 PROHIBITED PRACTICES I. ASSOCIATION pledges, during the term of this MOU, and after expiration of the MOUS, as long as the parties are attempting to reach an agreement on successor MOU (including utilization of impasse procedures) they shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. II. Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Paragraph I, the City Manager or his or her designee shall immediately notify ASSOCIATION that an alleged prohibited action is in progress. III. ASSOCIATION shall as soon as possible, and in any event, within eight working hours disavow any strike or other alleged prohibited action, shall advise its members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If ASSOCIATION disavows the prohibited activity and takes all positive actions set forth in this MOU in good faith, the City shall not hold ASSOCIATION financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should ASSOCIATION during the term of this Memorandum of Understanding breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 39 VI. There shall be no lockout by the City during the term of this Memorandum of Understanding and after expiration of the MOU, as long as the parties are attempting to reach an agreement on a successor MOU (including utilization of impasse procedures). ARTICLE 4.02 CAREER ADVANCEMENT I. For ASSOCIATION represented employees hired on or before June 30, 2013 the provision set forth in paragraph I.A shall apply. A. The City may designate entry-level groups of classifications which will be considered as career advancement classifications. Employees may be hired for a vacancy in the higher classification at the lower classification, and not be required to undergo a promotional exam to advance to the higher position. The employee initially hired may qualify for certification to the higher position upon (1) successful performance for a minimum of one year in the lower position, (2) a positive recommendation by the Appointing Authority and (3) approval by the City Manager upon recommendation of the Human Resources Director. Upon advancement to the higher classification, the employee shall be compensated at the pay rate closest to, but not less than, he/she was compensated at in the lower class. The Human Resources Director shall advise the ASSOCIATION representative on the status and usage of this Article upon request. B. The provision set forth in paragraph I.A, above, shall not be construed under any circumstance as creating a vested right, neither expressly or impliedly. The City reserves its right to and may, like any other term, seek modify or terminate this provision in subsequent MOU’s. II. For ASSOCIATION represented employees hired after June 30, 2013 the provision set forth in paragraph II.A shall apply. A. The City has designated certain classifications as career advancement classifications. Although employees are not required to undergo a promotional exam for advancement from the lower to higher classification designated as career advancement, advancement to the higher classification will depend on an employee’s qualifications and operational needs. An employee may qualify for advancement to a higher classification upon all of the following: • Successful completion of probationary period in lower classification • Recommendation by his or her appointing authority • Approval by the City Manager, at the recommendation of the Human Resources Director. Upon advancement to the higher classification, the employee shall be compensated at the pay rate closest to, but not less than, his/her compensation in the lower classification. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 40 B. For ASSOCIATION represented employees in the Maintenance Worker I/II and Gardener I/II series, they shall not be subject to paragraph II.A., but shall remain subject to paragraphs I.A and B, regardless of hire date. C. ASSOCIATION represented employees who have not had a background check, such employees shall have a background check upon a conditional offer of promotion to a higher classification. ARTICLE 4.03 CLASSIFICATION STUDIES The Human Resources Department conducts on-going classification and compensation studies pursuant to the provisions of the Civil Service rules. In the event ASSOCIATION wishes to request a classification or compensation study for an individual or a classification, it may do so by providing a written request to the Director of Human Resources. Written requests must provide significant justification to support the request for the study. ARTICLE 4.04 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business he or she shall have a valid California driver’s license. In order to ascertain the validity of the employee's license, employees must present their driver’s license to their supervisor upon request. The City reserves the right to check at any time with the Department of Motor Vehicles to determine if an employee’s license is valid. If an employee's driver’s license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not possess a valid California driver’s license will be considered for a non- driving position if one is available in the employee's classification. The non-driving assignment will continue for a maximum of six-months if there is a reasonable expectation the employee will have a valid California driver’s license at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis, however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees must request a leave of absence without pay for six-months or until such time as their license is once again valid, whichever is shorter. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 41 Time in non-driving assignments and leaves of absences shall be combined when calculating the six month period. In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: A. Each department will determine whether it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. B. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid driver’s licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. ARTICLE 4.05 FITNESS FOR DUTY The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this MOU, the City with reasonable cause, may require medical and psychological assessments of employees, provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health care professionals. It is understood that the assessment regimen performed by said professionals shall be reasonably related to with the requirements and duties of the job. Any treatment or remedial action shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program (EAP) for City employees. ARTICLE 4.06 SUBSTANCE ABUSE POLICY Employees represented by ASSOCIATION are subject to the City’s Substance Abuse Policy. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 42 ARTICLE 4.07 MODIFIED DUTY When an employee is injured on the job and, according to their physician, is able to return to "light duty," the City will make every effort to place the employee in a modified duty assignment until he or she is released back to full duty. The nature of the assignment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the employee’s normal department or another department that is consistent with the physical restrictions. Notwithstanding the above, the acceptance of a modified duty assignment, if available, will be mandatory. ARTICLE 4.08 DIRECT DEPOSIT All represented employees are encouraged to provide authorization to the City’s Director of Finance to electronically deposit their paychecks to a financial institution of their choice. For new employees, hired on or after the effective date of this MOU, it will be mandatory to participate in the electronic deposit program. If a new employee is able to demonstrate that they are unable to obtain an account for electronic deposit, they will be required to obtain an account within 6 months. Those current employees receiving a paper check as of July 2012 will not be required to sign up for direct deposit. ARTICLE 4.09 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the grievance procedure are to: (1) Resolve disputes arising from the interpretation, application, or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 43 (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his or her authorized representative. (2) Day: A calendar day, excluding Saturdays, Sundays, and hard holidays as described by this agreement. (3) Appointing Authority: The chief executive officer of a department. (4) Director of Human Resources: The Director of Human Resources or his or her authorized representative. (5) Employee: Any officer or regular (not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement. (8) Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 44 (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification, or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his or her or their consent. (2) Procedure for Presentation. In presenting his or her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. (3) Prompt Presentation. The employee shall discuss his or her grievance with his or her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 45 (5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he or she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his or her grievance without fear of disciplinary action or reprisal by his or her supervisor, superior, or Appointing Authority, provided he or she observes the provisions of this grievance procedure. (12) Back Pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section 3, then the resolution of DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 46 the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his or her grievance with his or her immediate supervisor informally. Within three (3) working days, the supervisor shall give his or her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her supervisor who shall endorse his or her comments thereon and present it to his or her superior within seven (7) working days. The superior shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Appointing Authority. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her Appointing Authority. The Appointing Authority shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the Appointing Authority level, it may be submitted by the Association Representative within twenty (20) working days to the Director of Human Resources, who shall investigate and report his or her findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide his or her answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any employee grievance will be filed with the Association Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section 6, Advisory Arbitration, matters which are unresolved shall be discussed at DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 47 a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 48 rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer. DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 49 FOR THE CITY OF CHULA VISTA: FOR ASSOCIATION: _____________________________ _____________________________ Courtney Chase Nicole Hobson Director of Human Resources President, ACE _____________________________ Mike Powell City Negotiating Team Members ACE Negotiating Team Members Jennifer Abalos Erin Dempster _____________________________ Tanya Tomlinson Tina Larson Trisha Albright Nicole Remiker _____________________________ Kelley Bacon, DCM David Moran Maria Kachadoorian, City Manager _____________________________ Martie Solomon _____________________________ Wayne Zarling DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 50 Appendix A CLASSIFICATIONS Accounting Assistant Accounting Technician Accounts Payable Supervisor Administrative Secretary Administrative Technician Animal Adoption Counselor Animal Care Specialist Animal Care Supervisor Animal Control Officer Animal Control Officer Supervisor Animal Services Specialist Aquarist Aquatic Supervisor I Aquatic Supervisor II Aquatic Supervisor III Assistant Planner Associate Planner Automated Fingerprint Technician Building Inspector I Building Inspector II Building Inspector III Building Services Supervisor Business License Rep Carpenter Civilian Background Investigator Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Technician Community Service Officer Conservation Specialist I Conservation Specialist II Construction and Repair Supervisor Custodial Supervisor Custodian Delivery Driver DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 51 Development Services Technician I Development Services Technician II Development Services Technician III Economic Development Specialist I Economic Development Specialist II Electrician Electronic/Equip Installer Electronics Technician Electronics Technician Supervisor Engineering Technician I Engineering Technician II Environmental Health Specialist Equipment Mechanic Equipment Operator Facility & Supply Specialist Field Maintenance Specialist Fire Apparatus Mechanic Fire Prevention Aide Fire Recruit Fiscal Office Specialist Fleet Inventory Control Specialist Forensics Specialist Gardener I Gardener II Geographic Information Systems Specialist Graffiti Abatement Coordinator Graphic Designer HVAC Technician Information Technology Technician Landscape Inspector Landscape Planner I Landscape Planner II Latent Print Examiner Lead Custodian Librarian I Librarian II Librarian III Library Assistant Library Associate Library Technician Locksmith Maintenance Worker I DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 52 Maintenance Worker II Management Analyst Mechanic Assistant Office Specialist Open Space Inspector Painter Park Ranger Supervisor Parking Enforcement Officer Parking Meter Technician Parks Supervisor Plan Check Technician Planning Technician Plumber Police Community Relations Specialist Police Data Specialist Police Dispatcher Police Dispatcher Supervisor Police Dispatcher Trainee Police Records & Support Supervisor Police Records Specialist Police Recruit Police Services Officer Police Services Officer Supervisor Police Services Technician Police Technology Specialist Procurement Specialist Project Coordinator I Project Coordinator II Property and Evidence Specialist Public Education Specialist Public Safety Analyst Public Works Inspector I Public Works Inspector II Public Works Specialist Public Works Supervisor Pump Maintenance Supervisor Pump Maintenance Technician Range Master Records Specialist Recreation Supervisor I Recreation Supervisor II DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 53 Recreation Supervisor III Recycling Specialist I Recycling Specialist II Registered Veterinary Technician Secretary Senior Accounting Assistant Senior Administration Secretary Senior Animal Care Specialist Senior Building Inspector Senior Business License Representative Senior Code Enforcement Officer Senior Conservation Specialist Senior Electrician Senior Electronics Technician Senior Engineering Technician Senior Equipment Mechanic Senior Fiscal Office Specialist Senior Gardener Senior HVAC Technician Senior Landscape Inspector Senior Latent Print Examiner Senior Maintenance Worker Senior Office Specialist Senior Open Space Inspector Senior Park Ranger Senior Planning Technician Senior Plan Check Technician Senior Property and Evidence Specialist Senior Police Records Specialist Senior Public Works Inspector Senior Public Works Specialist Senior Records Specialist Senior Recycling Specialist Senior Secretary Senior Tree Trimmer Signal Systems Engineer I Signal Systems Engineer II Signing and Striping Supervisor Storekeeper Storekeeper Supervisor Stormwater Compliance Inspector I DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 54 Stormwater Compliance Inspector II Survey Technician I Survey Technician II Telecommunications Specialist Traffic Devices Technician Traffic Devices Technician Supervisor Training Programs Specialist Tree Trimmer Tree Trimmer Supervisor Veterinary Assistant Volunteer Coordinator (Dept) Webmaster DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 55 Appendix B CLASSIFICATIONS Animal Care Specialist Animal Care Supervisor Animal Control Officer Animal Control Officer Supervisor Animal Services Specialist Carpenter Custodian Electrician Electronics/Equipment Installer Electronics Technician Electronics Technician Supervisor Equipment Mechanic Equipment Operator Facility & Supply Specialist Fire Apparatus Mechanic Fiscal Office Specialist (Animal Care Facility) Fleet Inventory Control Specialist Gardener I Gardener II HVAC Technician Lead Custodian Locksmith Maintenance Worker I Maintenance Worker II Mechanic Assistant Office Specialist (Animal Care Facility) Painter Park Supervisor Park Ranger Supervisor Parking Meter Technician Plumber Public Works Supervisor Pump Maintenance Supervisor Pump Maintenance Technician Registered Veterinary Technician Senior Animal Care Specialist Senior Electrician Senior Electronics Technician Senior Equipment Mechanic Senior Fiscal Office Specialist (Animal Care Facility) Senior Gardener Senior HVAC Technician Senior Maintenance Worker Senior Tree Trimmer Signing & Striping Supervisor Storekeeper Traffic Devices Technician Traffic Devices Technician Supervisor Tree Trimmer Veterinary Assistant DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502 ASSOCIATION OF CHULA VISTA EMPLOYEES MOU 9/14/21-6/30/24 Page 56 Appendix C CLASSIFICATIONS Aquatic Supervisor I Aquatic Supervisor II Aquatic Supervisor III Community Service Officer Facility and Supply Specialist (Fire) Fire Prevention Aide Park Ranger Supervisor Parking Enforcement Officer Police Dispatcher Police Dispatch Supervisor Police Dispatcher Trainee Police Recruit Police Services Officer Police Services Officer Supervisor Senior Park Ranger DocuSign Envelope ID: 04D2594E-C3C0-4A92-A038-99F316035502