HomeMy WebLinkAbout1997 LQ Employee's Association MOUMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("Memorandum") is made and
entered into by and between THE CITY OF LA QUINTA ("City") and the
LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association").
WHEREAS, the City, and the Association, have met and conferred
in good faith with respect to the wages, hours, and terms and conditions
of employment of City employees and all other subjects within the scope
of bargaining under the Meyer-Milias-Brown Act, Government Code
Section 3500 et. seq. and have reached an agreement that they wish to
set forth in writing in the form of the Memorandum.
The City and the Association therefore agree as follows:
SECTION 1: TERM
This Memorandum shall take effect on July 1, 1997 and shall remain in
effect through and including June 30, 1998.
SECTION 2: SALARY
The Schedule of Salary Ranges (Attachment #1) shall be in effect during
the entire term of this Memorandum. The schedule provides a 1.25% Cost
of Living Adjustment / Increase to all salary ranges.
SECTION 3: HEALTH CARE AND DISABILITY COVERAGE
During the entire term of this Memorandum, the City and the employees
shall contribute per month the following amounts toward health care
insurance;
Group Medical , Dental, Vision, and
Life Insurance
Employee Only
Employee and Dependents
City Employee
Contribution Contribution
$283.92 0
$639.56 $45.30
The employee contribution shall be paid by a payroll deduction
as a condition of enrollment and continuous insurance coverage. The
benefits, terms, and conditions of coverage shall be governed by the
formal plan documents. Infertility benefits will no longer be included in the
coverage.
SECTION 4: EDUCATIONAL INCENTIVE PROGRAM
All employees, with prior approval of the City Manager, will be reimbursed
for costs of books, tuition and lab fees for classes or instruction, provided
such classes or instruction are determined by the City Manager to be
related to the employees ' assigned duties with the City. The total of such
reimbursements for all employees shall not exceed $5000 during the term
of this Memorandum. Reimbursement will be made only after an employee
has satisfactorily completed the class or workshop with the grade of a
"C" or better or equivalent completion and that evidence of same has
been submitted and approved by the City Manager.
SECTION 5: MANAGEMENT RIGHTS
Except as limited by the terms of this Memorandum of Understanding, the
City retains the sole and exclusive right to manage its operations and
direct its workforce using any or all of the power and authority previously
exercised or possessed by the City or traditionally reserved to
management, including but not limited to the right to determine its
organization and the kinds and levels of services to be provided; to direct
the work of its employees; to assign work from one classification of
employees to another, including work performed currently by employees
in the classifications covered by this Memorandum; to establish work
standard and levels of required performance; to utilize part-time or
temporary employment; to pay wages and benefits in excess of those
required by this Memorandum; to select, modify, alter, abandon, or
modernize methods of conducting its operations; to build move, modify,
close, or modernize facilities, machinery, processes, and equipment; to
establish budgetary procedures and allocations; to determine methods of
raising revenues; to sublet and subcontract work except work currently
performed by City employees; to take all necessary action in the event of
an emergency; to establish and amend rules of conduct and to impose
discipline and discharge; to establish and amend rules for safety and
health; to select, hire, classify, reclassify, assign, evaluate, transfer,
promote, demote, upgrade, downgrade, reprimand, discipline, suspend,
discharge, lay off, and rehire employees; to determine job content and to
create, combine, or modify job classifications and rates or classes of pay;
and to exercise all other customary powers and authority of management,
regardless of whether the City has exercised such power previously.
Nothing in this provision shall be construed to restrict grievances
concerning any part of this Memorandum. In the event of an emergency,
the City may amend, modify, or rescind any provision of the
Memorandum. Such amendment, modification, or recision shall remain in
force only for the period of the emergency: The City shall have the sole
and complete discretion to declare that an emergency exists for the
purposes of this Section.
SECTION 6: NON-DISCRIMINATION
All personnel decisions and actions including, but not limited to
appointments, promotions, demotions, transfers, layoffs, and discharges
shall be made without regard to race, color, creed, sex, marital status,
age, national origin, or ancestry, physical or mental disability, medical
condition, sexual orientation, or any other consideration made unlawful by
federal state or local laws. Any personnel actions based upon these
factors violate this Agreement and are unlawful. Further, the City shall not
discriminate against any employee for his/her activity on behalf of his/her
membership in any Employee Association, or Group.
SECTION 7: HOURS
Employee hours of work shall be as stated in the Personnel Policies which
have been adopted by the City unless superseded as provided herein.
SECTION 8: HOLIDAYS
City paid holidays shall be as provided in the Personnel Policies unless
superseded as provided for herein.
SECTION 9: VACATION
9.1 Accrual: Vacation accrual shall be as provided in the Personnel
Policies unless superseded as provided for herein.
9.2 Buy - Back: Vacation buy back shall be as provided in the Personnel
Policies unless superseded as provided for herein.
SECTION 10: SICK LEAVE
Sick leave shall be accrued as provided in the Personnel Policies unless
superseded as provided herein.
SECTION 11: BILINGUAL COMPENSATION
The City agrees to amend the Personnel Policies to include a bilingual
compensation provision as contained in Attachment 2.
SECTION 12: COMPUTER PURCHASE PROGRAM
The City agrees to initiate a computer purchase program as contained in
Attachment 3, and to fund the program in the amount of $29,750 for
Fiscal Year 1997/98.
SECTION 13: SOLE AND ENTIRE AGREEMENT
It is the intent of the parties hereto that the provisions of this Agreement
shall supersede all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel rules
and regulations or administrative codes, provisions of the City, oral and
written, expressed or implied, between the parties, and shall govern the
entire relationship and shall be the sole source of any and all rights which
may be asserted hereunder. This Agreement is not intended to conflict
with federal or state law. The Association and the City agree that all
personnel rules not specifically included in the MOU shall be incorporated
by reference herein. The City reserves the right to add to, modify or delete
from the Personnel Rules subject to its obligations under the Meyer-Milias-
Brown Act.
SECTION 14: WAIVER OF BARGAINING DURING THE TERM OF THIS
AGREEMENT
During the term of this Agreement the Association agrees that it will not
seek to negotiate or bargain with regard to wages, hours, and terms and
conditions of employment, whether or not covered by this Memorandum
or in the negotiations leading thereto, unless required by specific
provisions of this Memorandum, and irrespective of whether or not such
matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this Memorandum.
Regardless of the waiver contained in this section, the parties may,
however, by mutual agreement, in writing, agree to meet and confer
about any matter during the term of this Memorandum.
This Memorandum is hereby executed and or ratified this 17th day of
June, 1997 by and between the following authorized representatives of
the City and the La Quinta City Employees' Association.
CITY OF LA QUINTA
Off, Dated: %' �'7, 1997
By Glenda L. Holt, Mayor
LA QUINTA CITY EMPLOYEES' ASSOCIATION
lv� f%Dated: June 17,1997
Negotiating Committee:
7
10
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ATTACHMENT 2
5.20 BILINGUAL COMPENSATION
5.20.1 Bilingual Pav - Each full time employee, who has qualified for bilingual compensation under
this section shall receive additional compensation of $.25 per hour. Upon approval by the
Employee Relations (E.R.O.), the employee shall be authorized to receive bilingual
compensation starting with the next pay period.
5.20.2 Efig bfl - The E.R.O. will designate one full time employee to perform bilingual services
for the public to all City departments. The employee will be selected based on 1) their
bilingual ability as determined by a test administered by a properly accredited outside
professional, agency, or program; and 2) accessability to the public.
Additional employee(s), may receive bilingual compensation, if as a part of their job function
and regular duties they provide, within their department, bilingual translation for the public
at least 10% of their time. A Department Director who determines that an employee is
providing such services may make application to the E.R.O. on a form supplied to him/her
to authorize bilingual compensation for such employee (s).
When the skill is no longer needed or the employee is not required to use it or ceases to
possess it, the department head shall terminate the bilingual compensation by written notice
to the E.R.O. The E.R.O. may also terminate the bilingual compensation if he/she makes a
like determination, and shall notify the department head. In either case, the department head
shall notify the employee.
An employee not receiving bilingual compensation shall not be expected to perform bilingual
services.
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CITY OF LA QUINTA
SCHEDULE OF SALARY RANGES - NON -DEPARTMENT HEADS
FY 97/98
MONTHLY
BASE
RANGE
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
A
1,723
1,766
1,809
1,854
1,899
1,947
1,994
2,044
2,094
2,146
2,199
2,254
2,309
2,366
2,424
2,485
2,545
2,609
2,673
2,739
2,806
2,876
2,946
3,020
3,094
3,171
3,248
3,330
3,411
3,496
3,581
3,671
3,761
3,855
3,949
4,047
4,146
4,250
4,353
4,462
4,571
4,685
4,799
4,919
5,039
5,165
5,291
5,424
5,556
5,695
5,834
B
1,809
1,854
1,899
1,947
1,994
2,044
2,094
2,146
2,199
2,254
2,309
2,366
2,424
2,485
2,545
2,609
2,673
2,739
2,806
2,876
2,946
3,020
3,094
3,171
3,248
3,330
3,411
3,496
3,581
3,671
3,761
3,855
3,949
4,047
4,146
4,250
4,353
4,462
4,571
4,685
4,799
4,919
5,039
5,165
5,291.
5,424
5,556
5,695
5,834
5,980
6,125
C
1,899
1,947
1,994
2,044
2,094
2,146
2,199
2,254
2,309
2,366
2,424
2,485
2,545
2,609
2,673
2,739
2,806
2,876
2,946
3,020
3,094
3,171
3,248
3,330
3,411
3,496
3,581
3,671
3,761
3,855
3,949
4,047
4,146
4,250
4,353
4,462
4,571
4,685
4,799
4,919
5,039
5,165
5,291
5,424
5,556
5,695
5,834
5,980
6,125
6,279
6,432
ATTACHMENT 1
C
2,044
2,094
2,146
2,199
2,254
2,309
2,366
2,424
2,485
2,545
2,609
2,673
2,739
2,806
2,876
2,946
3,020
3,094
3,171
3,248
3,330
3,411
3,496
3,581
3,671
3,761
3,855
3,949
4,047
4,146
4,250
4,353
4,462
4,571
4,685
4,799
4,919
5,039
5,165
5,291
5,424
5,556
5,695
5,834
5,980
6,125
6,279
6,432
6,593
6,753
C
2,146
2,199
2,254
2,309
2,366
2,424
2,485
2,545
2,609
2,673
2,739
2,806
2,876
2,946
3,020
3,094
3,171
3,248
3,330
3,411
3,496
3,581
3,671
3,761
3,855
3,949
4,047
4,146
4,250
4,353
4,462
4,571
4,685
4,799
4,919
5,039
5,165
5,291
5,424
5,556
5,695
5,834
5,980
6,125
6,279
6,432
6,593
6,753
6,922
7,091
010
CITY OF LA QUINTA
SCHEDULE OF SALARY RANGES - DEPARTMENT HEADS
FY 97/98
68
4,279
4,493
4,718
4,954
5,201
69
4,386
4,606
4,836
5,078
5,332
70
4,493
4,718
4,954
5,201
5,462
71
4,606
4,836
5,078
5,332
5,598
72
4,718
4,954
5,201
5,462
5,735
73
4,836
5,078
5,332
5,598
5,878
74
4,954
5,201
5,462
5,735
6,021
75
5,078
5,332
5,598
5,878
6,172
76
5,201
5,462
5,735
6,021
6,322
77
5,332
5,598
5,878
6,172
6,480
78
5,462
5,735
6,021
6,322
6,639
79
5,598
5,878
6,172
6,480
6,805
80
5,735
6,021
6,322
6,639
6,970
Oil
ATTACHMENT 3
CITY OF LA QUINTA
Computer Purchase Program
Criteria
The following criteria apply to the Computer Loan Program for the City of La Quinta,
California.
All full time employees who have completed probation. This is strictly a volunteer
program. The employee will use their own time and expenses to participate in this
program. Also, program parameters such as the maximum loan amount, interest rate
and scope of the program will be evaluated on an annual basis.
The City has adopted a Windows 95 operating system. All computers and other
hardware must be compatible with the Window operating system to be eligible.
The following items are included:
Computers, printers, modems, monitor, scanner, backup devices, hard drive, CD Rom
drives, surge protector, speakers, battery backup, upgrading current equipment,
including memory, CPU motherboard components and warranty costs for up to a one
year period. Software that is commonly used at the City is eligible. Normal
installation costs and sales tax are also included.
The following items are not included:
Software (not included as loaded software in the computer purchase unless commonly
used software used .at the City) and Internet software and service charges.
The City Manager may approve items not included within the scope of this section.
Page 1 of 5
01_3
1;1*16W4i` WA
Two drawings will be held each fiscal year on July 31 and January 31. After an
employee has participated in the program, the employee will not be eligible again until
all loans are repaid in full and for the next twenty four (24) months after the date of
their previous drawing (e.g., participating in FY 97-98 July 31 drawing will next be
eligible on FY 99-00 July 31 drawing.)
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A maximum of $1,750 will be reimbursed by the City within 2 years. In the event that
an employee is eligible to receive the entire $1,750 and spends less, the remaining
amount cannot be carried over to the next year. For example, if an employee receives
approval to spend up to $1,750 and only requires $1,000 the remaining amount of
$750 cannot be loaned in future years.
Five (5) percent per year simple interest payable in 52 equal installments from the
nearest payroll date of the loan. A $1,750 loan would be repaid in accordance with
Attachment No. 1. Early payoff of loans will be for the outstanding principal at the
next payroll date after notification.
Eligible employees must submit an intent to participate in the Computer Loan Program
Form by July 31" and January 31" of each year subject to available funds.
Employees will be grouped into two classes - New Participants and Repeat
Participants. A separate drawing will be held for new participants and repeat
participants. New participants have priority over repeat participants. Repeat
participants are not eligible for a drawing until 24 months from their previous drawing
have past and all loans are repaid. Any participant who has defaulted on a previous
loan is ineligible for future loans.
The Finance Director will conduct a duly witnessed random blind drawing to determine
the selection order of eligible employees. The first name drawn will be the first in the
selection process and will continue until available funded slots are filled. A list of each
employee participating in the program and the order selected will be compiled and will
be available on request. Employees have sixty days to complete their purchase from
the date of the drawing or when they become eligible if later.
Page 2 of 5 014
Each year the City will determine the amount that may be loaned for the Computer
Program. No carryover of unused funds to the next fiscal year is allowed.
As an example, 21 employees apply for the program but only 20 employees apply by
July 3Vt. Only 20 employees are eligible for the drawing. The 21" employee may
apply at the January 31 drawing. If the City determines that it can fund $29,750 or
(17 x $1,750) 3 employees will initially not be eligible for the program. A random
drawing is held and 17 numbers are ranked from 1 - 17. The 17 employees purchase
their equipment and they do not spend their entire allocation leaving $3,500. The
remaining $3,500 would be assigned to employees 1 and 2 at the January drawing.
For FY 97/98 employees requesting purchase of a complete/turnkey computer system
will receive priority over those purchasing hardware and software.
L4AWILWA•
The employee is responsible for application to the Computer Loan Program by July 31 st
and January 31 st of each fiscal year.
The employee is responsible for purchasing the equipment withing sixty days of award,
handling vendor complaints, and maintaining service of the equipment. The computer
equipment will be purchased by the employee in the employee's name. The City's
only role is to provide loans for the purchase and the collection of the loan.
The City loan is for the purchase of computer equipment and eligible software with
payment by the City for its portion made payable to the computer vendor and not to
the employee. The City will give the check payable to the vendor to the employee.
If the employee purchase is for more than the City loan amount, the employee is
responsible for the difference. The City will not be responsible for any difference nor
will it cosign for any loans. In addition, no City purchase order may be used for any
purchase nor may any employee verbally or in writing represent that the City is
purchasing equipment for its use. If the purchase price is greater than $1,750, the
employee must make arrangements with a vender to accommodate this method of
payment.
Prior to any payments being made the employee must submit a sales quote for the
items being selected to the Finance Director. After being reviewed for eligibility the
employee will be notified of any items not qualifying under the Program. After the
sales quote has been reviewed and modifications, if any made, a check to the
computer vendor will be produced. The vendor check will be given directly to the
employee. The employee will then produce a final invoice to the Finance Director
evidencing the transaction. The City will not make a loan if the previously described
steps have not been complied with. For instance, the City will not reimburse an
employee after a purchase has been made by the employee.
Page 3 of 5 G 15
The employee will sign a slip authorizing withholding of the principal and interest
amount from future paychecks.
Employees who leave the City service before the loan is repaid will pay the remaining
principal and interest in their final paycheck. If the loan amount exceeds the final
paycheck after all other withholdings are made, the employee will pay the remaining
principal amount due with personal funds within one week of leaving City service. It
is the employees responsibility to make payment. If such payment is not made within
seven days, the employee has deemed to have defaulted on the loan. The City will
commence actions it deems necessary to collect on the remaining loan. Interest will
continue to accrue after default until repaid in full. Interest may accrue past the two
year term of the loan if still in default at the end of the second year.
The City may turn the defaulted loan over to a collection agency, Small Claims Court,
City legal resources or other measures necessary for collection. The City will attempt
to recover any costs expended on collecting the loan from the employee.
The City has not specified one particular vendor nor does it recommend a particular
vendor. The employee is responsible for selecting a vendor and negotiating the price,
warranty and other terms of the purchase. The City will only pay for up to one year
of warranty costs if the employee has an interest in this area. Those items listed in
the Scope Section of this Policy.
The employee is responsible for any mailing and service charges not covered by any
warranties.
The City does not restrict the use of this equipment to its employees. The City
encourages employees to use the computers. Employees may not claim hours worked
at home. The City's only criteria is that the computers remain in the employees
residence during the term of the loan and be Windows 95 compatible.
If the equipment is returned or sold before the end of the loan the outstanding principal
and any accrued interest to the next payroll date are due and payable. If the loan
amount exceeds the paycheck, the repayment process described previously will be
followed.
Page 4 of 5 01 V)
The loan is for a two year period unless the following events occur in which case the
principal and interest is due to the next payday:
• Sale of the Computer
• Moving the computer from the residence
• Return of equipment to the vendor
The following form will be used to document the transaction.
Page 5 of 5 G 17
City of La Quinta Computer Loan Program
Section I - Selection Process
Employee Name
Drawing Date
' Drawing Number
Amount of Authorized Loan
i
I
Signature
Date
Signature
Authorized by Employee
Authorized by Finance Director
Section 2 - Supporting Documentation
Amount Authorized by Loan
Less Amount Of Sales Quote
Amount of Remaining Loan before
Finance Director Review ( Cannot be
Less than zero)
Adjustments: Plus or Minus
Amount of Loan After
Finance Director Review
Sales Quote
Sales Invoice
Signature
Date
Signature
Authorized by Employee
Authorized by Finance Director
Section 3 - Payroll Withholding Slip
I have received and read the Computer Loan Policy of the City of La Quinta and hereby authorize
the City to withhold the following amount from my paycheck for the number of pay periods indicated in t
following table.
Amount of Loan -'
Interest Rate - 5%
Number of Pay Periods
Bi Weekly - Amount
Signature
Date
Signature
Authorized by Employee
Authorized by Payroll
018