CC Resolution 2009-103RESOLUTION NO. 2009 - 103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A
SIDE LETTER AGREEMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA QUINTA
AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
(LQCEA), REGARDING AN ALTERNATE WORK WEEK
SCHEDULE COMMENCING ON JANUARY 1, 2010
WHEREAS, the City of La Quinta, hereinafter referred to as "City," and the
La Quinta City Employees' Association, the recognized organization representing its
members, hereinafter referred to as "Association," have met and conferred over
wages, hours, terms, and conditions of employment pursuant to Government Code
Section 3500, as amended; and
WHEREAS, the City and the Association have negotiated a Side Letter
Agreement to the Memorandum of Understanding (MOU) commencing on January 1,
2010, to implement an Alternate Work Week Schedule (AWWS) on a trial basis for the
remaining term of the MOU, or until cancelled by Management, whichever occurs
sooner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
Section 1. The City does hereby approve, ratify, and authorize implementation of each
economic and non -economic benefit and right set forth in the Side Letter Agreement to
the Memorandum of Understanding between the City and Association, attached hereto
and executed on December 15, 2009, and incorporated herein as Exhibit "A."
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 15th day of December 2009, by the following vote to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ot�� 4-71-
DON ADOLP , May
City of La Quinta, California
Resolution 2009-103 .
Side Letter Agreement to LQCEA MOU Regarding AWWS
Adopted: December 15, 2009
Page 2
ATTEST:
VERONICA J CONTECINO, CMC, City Clerk
City of`La C3uinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHERINE JEN, City A
City of La Quinta,-California
Resolution 2009-103
Side Letter Agreement to LQCEA MOU Regarding AWWS
Adopted: December 15, 2009
Page 3
Exhibit A
SIDE LETTER AGREEMENT
This SIDE LETTER AGREEMENT ("Agreement") is made by and between the
CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION
("Association"), as of December 15 , 2009.
RECITALS
A. WHEREAS, Association and City entered into a Memorandum of
Understanding ("MOU") on July 29, 2009 which covers the period of July 1, 2009
through June 30, 2010; and
B. WHEREAS, the City and Association agreed in Section 14 of the MOU to
have the Employee Relations Officer conduct research on implementation of an
alternate work week schedule for recommendation to the City Council before
December 31, 2009; and
C. WHEREAS, on November 17, 2009, staff received Council direction to
implement an Alternate Work Week Schedule ("AWWS") utilizing a 9/80 schedule,
whereby employees who elect to participate in the AWWS would work eight 9-hour
days and one 8-hour day, with every other Friday off; and
D. WHEREAS, City has met and conferred with Association regarding the
AWWS and the parties desire to conduct a trial AWWS commencing on January 1,
2010 and continuing for the remaining term of the existing MOU, or until cancelled by
Management, whichever occurs sooner.
NOW THEREFORE, it is agreed by and among the parties as follows:
1. The City and Association agree that the availability of an AWWS is a
valuable benefit to employees in that it promotes job satisfaction and is of benefit to
the City and its citizens in that it extends the hours of operation at City Hall. The use
of an AWWS is permitted, where it can be accommodated without impairing
departmental operations or public service.
2. As an alternative to the normal work schedule of five 8-hour days
constituting a 40-hour work week (5/40), and subject to the concurrence and approval
of respective Department Directors and the City Manager, a regular full-time employee
may elect to work a 9/80 AWWS. The conditions and restrictions set forth in the
attached 9/80 Alternate Work Week Schedule policy (Exhibit A) apply to all employees
electing a 9/80 AWWS:
A. An employee may elect to establish a bi-weekly work schedule
which varies from the normal schedule in the number of hours worked per day and in
the number of days worked per week, except that no single workday may exceed nine
(9) hours and total scheduled biweekly hours are not to exceed eighty (80) hours.
Resolution 2009-103
Side Letter Agreement to LOCEA MOU Regarding AWWS
Adopted: December 15, 2009
Page 4
B. No AWWS may be established in which overtime is incurred as a
part of the regular established work schedule either under this Agreement or under
Federal or State law.
3. The remainder of the MOU shall not be affected by this Side Letter
Agreement, and shall remain in full force and effect.
CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES'
ASSOCIATION
13y: / �1, � By:
Its:L i�4 /%1r4u4�E2 Its: 'Fits;ACA
Attachment: Exhibit A — 9/80 Alternate Work Week Schedule Policy
City of La Quinta EXHIBIT
9/80 Alternate Work Week Schedule (AWWS)
1. Participation
Participation in the 9/80 Altemate Work Week Schedule (AWWS) is voluntary and subject to
Department Director approval consistent with the needs of the City. Employees shall be required to
sign the "Alternate Work Week Schedule Agreement" (Attachment A) acknowledging receipt and
acceptance of the requirements of this policy. This policy will remain in place until the expiration of
the current Memorandum of Understanding with the La Quinta City Employees' Association, or until
cancelled by management, whichever occurs sooner.
2. Work Schedule
Participants in the 9/80 AWWS elect to work from 7:30 a.m. to 5:30 p.m. Monday through Thursday
each week, and from 8:00 a.m. to 5:00 p.m. every other Friday, including a one hour unpaid lunch
period each day, with the opposite Friday being designated as the "Regular Day Off" (RDO).
Variations of this schedule may be approved by the Department Director for select positions when
doing so will result in more efficient operations for the department (i.e., Code/Animal Control
Officers; certain Public Works positions; certain Community Services positions; etc.). Employees
may also elect to stay on a regular 5/40 work schedule (8 hours per day, 5 days per week).
3. FLSA Workweek
The work period shall consist of, for FLSA purposes, a fixed and regularly recurring period of seven
consecutive 24-hour periods (168 hours), or 40 hours worked within a seven-day period, beginning
at noon on Friday and ending at noon the immediately subsequent Friday.
5/40 Employee Example:
M N
T ES
WED
THUR5
F I
Week 0
4 h (before noon agolies to week vrior to Week 1
4 r r noon) armlies to Week 1
Week 1
8 hrs
8 hrs
8 hrs
8 hrs
before noon) li Week
4 r noon) applies Week
Week 2
8 hrs
8 hrs
8 hrs
8 hrs
4 hrs (before noon) a olies to Week 2
4 hours r lies to Week
The 9/80 work schedule shall not reduce service to the public, departmental effectiveness,
productivity or efficiency as determined by the department director.
A/B Schedules — To continue to provide service to the public every Friday,
employees on a 9/80 schedule are to be divided between two schedules, known as
the "A" or "B" schedule, based upon departmental needs. For identification
purposes, the schedules shall be known as follows:
"A" schedule shall have "Payday" Friday off
"B" schedule shall have the "Non -payday" Friday off
Created December 2009
9/80 Employee Example (Schedule A):
N
T
WED
THURS
FRI
Week 0
4 f applies ri r to Week I
4 hrs r non applies to Week 1
Week 1
9 hrs
9 hrs
9 hrs
9 hrs
8 hour Regular Day Off
Week 2
9 hrs
9 hrs
9 hrs
9 hrs
(before n applies 2
4 e n avolies toW k
9/80 Employee Example (Schedule B):
MON
TUES
WED
THURS
FRI
Week 1
9 hrs
9 hrs
9 hrs
9 hrs
4 (before noon applies to Week 1
hou r noon) goolies to Week 2
Week 2
9 hrs
9 hrs
9 hrs
9 hrs
8 hour Regular Day Off
`RDO's other than Fridays are utilized only by specific positions designated and approved by Department Directors
for purposes of maintaining departmental efficiency.
For staff on a 9/80 work schedule that includes Saturday and/or Sunday, the work period will begin
four hours after the start time of the day of the week which constitutes the employee's alternating
Regular Day Off. The work week shall end exactly 168 hours later.
4. Schedule Changes
Changes -to an employee's schedule may only be made when an employee requires a schedule
change to accommodate major life changes (e.g. change in daycare situations, care for seriously ill
relative, death of spouse, adoption of child, etc.). Directors have discretion to temporarily change an
employee's schedule because of business demands, vacation schedules, disciplinary issues, etc.
All such temporary changes initiated by a Director must be for a minimum of two weeks and must
begin at the beginning of a pay period.
5. Notification
Both Human Resources and Payroll must be notified in writing at least 2 weeks in advance on the
form referenced as Attachment A, when an employee begins or ends the 9/80 AWWS. The
beginning notification must include the beginning date of the 9/80 AWWS, the RDO, and the 8-hour
workday. The ending notification must designate the ending date of the 9/80 AWWS.
6. 8-Hour Workday
For FLSA covered (non-exempt) employees, changes in the starting time or ending time (flexing the
work shift) on the 8-hour day is not permitted unless specifically authorized to meet departmental
work demands. Since flexing the work shift on the 8-hour workday incurs overtime liability, the
Participant's time card must reflect appropriate hours worked to correspond with the flexing of the
work shift. For example, an employee eligible for overtime cannot report to work one (1) hour late
and work one hour over his/her regularly scheduled shift to make up for the one hour. The
employee must use one (1) hour of available leave, authorized leave, or unauthorized leave without
pay, to cover the one (1) hour absence.
Created December 2009
7. Lunch
The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all
employees on a 9180 AWWS shall be required to take a minimum of one (1) hour lunch break (with
the exception of Maintenance personnel). An employee may not combine the two (2) 15-minute
breaks with the one (1) hour lunch break (for employees who currently have the 2 breaks and the
half (1) hour lunch break, with the exception of Maintenance personnel) nor can the two (2) 15-
minute breaks be used to leave early or to make up time when the employee arrives to work late.
8. 9180 Timekeeping
Accurate time records must be maintained when administering the 9/80 AWWS. The employee and
supervisor are responsible for accurate time reporting of hours worked and accounting for use of any
and all accrued leave.
8.1 Implementation:
When an employee first begins the 9/80 AWWS, the initial timecard must specify the start
date of the 9/80 AWWS and the RDO in the upper left hand comer (Sample 1).
The code "9/80" and the RDO must be annotated in the upper left hand corner on each
subsequent time card (Sample 2).
8.2 Leaves of Absence:
8.2.1 Military leave, long-term W/C injury absences and other approved leaves of absence
of more than two (2) weeks require eight (8) hours or less of the employee's time per
day. Therefore, employees on the 9/80 AWWS will be required to change to a
regular five (5) day 40-hour work schedule during a leave of absence.
The employee's timecard must be annotated "Off 9/80" in the upper left hand corner
of the card with the date the employee is taken off the 9/80 AWWS and the schedule
reverts to a regular 40-hour workweek (8 hours per day; 40 hours per week)
(Sample 3).
Removing employees from the 9/80 AWWS because of a leave of absence usually
requires special time keeping; therefore, please contact Payroll for assistance.
8.2.2 Jury duty: The provisions of the City's Personnel Policies shall continue to apply,
however, if an employee is called to serve on jury duty during the employee's normal
day off, Saturday or Sunday, then the jury duty shall be considered the same as
having occurred during the employee's day off from work; therefore, the employee
will receive no added compensation.
8.3 Holidays:
For all holidays, including the floating holiday, the City will pay for the standard eight
(8) hours of work.
8.3.1 On Workday: When a holiday falls on a regular nine (9) hour workday, the
employee must use one (1) hour of personal accrued vacation, compensatory time,
floating holiday, or administrative leave to make up the ninth (9th) hour in order to
receive a full paycheck. Each employee shall designate on his/her timesheet
whether vacation, compensatory time, floating holiday or administrative leave should
be used. The time may not be charged to sick leave. If a person has no leave time,
he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires
supervisor approval in advance (same as Sample 2).
Created December 2009
8.3.2 On ROO: When a holiday falls on an employee's ROO, the employee will be
required to take an alternate day off within the same week, subject to supervisory
approval, and the employee will be required to use one (1) hour of personal accrued
vacation, compensatory time, floating holiday, or administrative leave hour to make
up for the ninth (90) hour in order to receive a full paycheck. Each employee shall
designate on his/her timesheet whether vacation, compensatory time, floating holiday
or administrative leave should be used. The time may not be charged to sick leave.
If a person has no leave time, he/she will be docked one (1) hour of Leave Without
Pay (LWOP), which requires supervisor approval in advance (Sample 4).
8.4 Overtime for FLSA Covered Employees:
8.4.1 Supervisory Approval: Overtime worked will be credited to the employee
as compensatory time or paid overtime with supervisor approval (Sample 5).
8.4.2 Overtime at Time and One -Half: Employees eligible to receive overtime
(FLSA covered employees), will continue to receive overtime in accordance with the
MOU or the City s Personnel Policies for all hours in excess of forty (40) hours in a
work week.
8.4.3 Overtime on RDO: An employee may occasionally be required to work
overtime on their ROO. If or when this occurs, the employee will receive payment or
be credited with compensatory time for the number of hours worked. The timecard
must be coded ROO on the specific ROO day and the number of overtime hours
worked must be identified below on that same day (Sample 6).
8.5 Absences:
8.5.1 9-Hour Day Absences: An employee who is absent on a nine (9) hour
workday will be charged with nine (9) hours of paid leave.
8.5.2 LWOP: An employee who is absent on either Authorized or Unauthorized
Leave Without Pay on a nine (9) hour day will be coded as nine (9) hours of either
Authorized or Unauthorized Leave Without Pay.
9. Personal Time Off
To the greatest extent possible, employees should attempt to schedule medical or other personal
appointments on their scheduled regular Friday off (RDO). Also, employees should make all efforts
to avoid taking miscellaneous time off on the 'Working" Fridays to avoid undue hardship on their
fellow coworkers.
10. Emergencies
All employees on the 9/80 AWWS are subject to be called to work any time to meet any and all
emergencies or unusual conditions which, in the opinion of the City Manager, Department Director or
designee may require such service from any of said employees. This includes staff shortages in a
department. In the case of staff shortages, management will notify the affected employee at least
one (1) week prior to the change of the work schedule.
Policy questions regarding the AWWS may be directed to the Human Resources/Risk Manager at
Extension 7041. Timekeeping questions may be directed to the Senior Account Technician at
Extension 7059.
Created December 2009 4
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