2014-15 LQ City Employees' Association MOUMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") 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
Meyers-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 this
MOU;
NOW, THEREFORE, the City and the Association agree as follows:
SECTION 1: TERM.
This MOU shall take effect on July 1, 2014, and shall remain in effect for
one (1) year through and including June 30, 2015.
SECTION 2: SALARY
Fiscal Year 2014-15. The 2014/2015 Schedule of Salary Ranges ("Salary
Ranges", and Classification Schedule ("Authorized Positions -Salary Ratings") reflect
the Pay for Performance Classification and Compensation System agreed upon by
the City and Association. Both documents attached hereto as Exhibits 1 and 2,
respectively, and by this reference made a part hereof, shall become effective on
July 1, 2014, and shall remain in effect during the full term (July 1, 2014 through
June 30, 2015) of this MOU.
1. One -Time Adjustment to Base Salary:
One-time adjustments to base salary will be made to bring those
positions that are below the Job Rate in the new Salary Ranges to the salary
2014-15 FINAL NIOU - 6-25-14 -1-
closest to, but not lower than, the current salary for each member. These
adjustments shall be retroactive to July 1, 2014.
2. Lump Sum Recognition Payments:
Lump Sum Recognition Payments in the amount of $1,500 per person
shall be awarded to all members hired prior to January 1, 2014 ("Lump Sum
Recipients"). Each Lump Sum Recipient shall receive the lump sum
recognition payment of $1,500 in recognition of their efforts and
concessions during the term of the previous MOU. The Lump Sum
Recognition Payment is a one-time payment and will be paid out on or about
August 15, 2014. The Lump Sum Recognition Payment is compensation
earned that is in addition to and separate from base pay, and will not be
considered earned wages for purposes of PERS contributions.
SECTION 3: PAY FOR PERFORMANCE CLASSIFICATION AND
COMPENSATION SYSTEM
The City and Association agree to implement the Classification Schedule and
Schedule of Salary Ranges as outlined in Section 2 as the first step toward
instituting the Pay For Performance Classification and Compensation System
recommended by Fox Lawson Consultants. City and Association will be refining,
revising, and training all employees on a new Performance Evaluation Model during
the term of this MOU. The intention of the parties is to conduct practice
evaluations during the summer/fall of 2014, and to move all employees to an
annual evaluation schedule beginning July 2015. The salary adjustments and one-
time recognition payments referenced in this MOU are to be the only adjustments
of this kind made during the term of this MOU. An Implementation Schedule is
provided as Exhibit 3, and may be revised from time to time during the term of this
MOU upon mutual agreement of the parties.
2014-15 FINAL MOU - 6-25-14 -2-
SECTION 4: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
Effective July 1, 2014, the parties agree to the maximum contribution by the
City of $1,312.00 per month. The parties further agree the healthcare cap will not
be the subject of a future meet and confer or "reopener" negotiations during the
term of this MOU.
A. Contributions.
The employee contribution for insurance coverage shall be paid by 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.
B. Flexible Spending Plan.
The City has implemented a Flexible Spending Plan through Total
Administrative Services Corporation (TASC) for interested employees. The City has
paid the initial one-time enrollment fee of $350.00 and will pay the $15.00 per
employee enrollment fee for new employees who elect to join, and those
employees who participate will pay the monthly administration fee and optional
medical reimbursement debit card fee through payroll deduction.
SECTION 5: EDUCATIONAL INCENTIVE PROGRAM.
All employees are eligible for tuition reimbursement pursuant to Section
15.25 of the City's Personnel Policies. The total of such reimbursement for all
employees shall not exceed $25,000 during the term of this MOU at a maximum of
$2,500 (or 10%) per employee.
SECTION 6: MANAGEMENT RIGHTS.
Except as limited by the terms of this MOU, the City retains sole and
exclusive right to manage its operations and direct its work force using any or all of
the powers 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
2014-15 FINAL MOU - 6-25-14 -3-
direct the work of its employees; to assign work from one classification of
employees to another, including work currently performed by employees in the
classifications covered by this MOU; to establish work standards and levels of
required performance; to utilize part-time or temporary employees; to pay wages
and benefits in excess of those required by this MOU; 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 MOU. In the
event of an emergency, the City may amend, modify or rescind any provision of the
MOU. Such amendment, modification or rescission 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. City retains
the right to reopen negotiations during the term of this MOU for the purpose of
meeting and conferring on implementation of furlough days.
SECTION 7: 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
2014-15 FINAL MOU - 6-25-14 -4-
any other unlawful consideration. Further, the City shall not discriminate against
any employee based upon his/her activity on behalf of his/her membership in any
employee association or group.
SECTION 8: HOURS.
Employee hours of work shall be as stated, in the City's Personnel Policies
unless superseded as provided in Section 13 herein.
SECTION 9: HOLIDAYS.
Holidays shall be recognized as provided in the City's Personnel Policy, to
include the addition of the following:
Four (4) additional hours paid holiday on Christmas Eve, when that day falls
on a weekday; and
Four (4) additional hours paid holiday on New Years' Eve when that day falls
on a weekday.
SECTION 10: VACATION.
9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel
Policies unless superseded as provided herein.
9.2 Buy-back. Vacation buy-back shall be as provided in the City's
Personnel Policies unless superseded as provided herein.
SECTION 11: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies unless
superseded as provided herein.
SECTION 12: CalPERS RETIREMENT
A. Fiscal Year 2014-15.
For purposes of the City's election to pay to the California Public Employees'
Retirement System (CalPERS), effective July 1, 2013, the City shall pay to
2014-15 FINAL MOU - 6-25-14 -5-
CalPERS on behalf of each full-time, regular employee, the required .employer
contribution, and an amount equal to 0% of the required member contribution to
CalPERS. Effective July 1, 2013, each full-time, regular employee shall pay an
amount equal to 100% of the required member contribution to CalPERS, not to
exceed eight percent (8%).
B. Public Employees' Retirement System (PERS) Retirement Formulas for
New Hires.
Any employee hired on or after January 1, 2013 shall be subject to the
following retirement formulas with the retiree's annuity based on the average of the
employee's three (3) highest paid consecutive years, in accordance with the City's
contract with PERS and the Public Employees' Pension Reform Act of 2013
(PEPRA):
Classic Employees (current PERS members) hired on or after
January 1, 2013: 2% @ 60
New Employees (new PERS members) hired on or after
January 1, 2013: 2% @ 62
C. Unused Sick Leave Election
Government Code Section 20965 and the City's contract for retirement
benefits with CalPERS permits conversion of unused sick leave to service credit,
pursuant to certain restrictions. Upon retirement, employees are required to
complete the "Unused Sick Leave Election Form" (Exhibit 4) prior to receiving their
final paycheck. Upon retirement, employees will have the option of selecting one
of the following: (1) receiving payout for the full amount of unused sick leave
(pursuant to the payout schedule contained in Personnel Policy Section 14.20.4, as
amended by this MOU); (2) receiving payout for a set amount of unused sick leave,
and requesting conversion to service credit of the remainder; or (3) converting the
2014-15 FINAL MOU - 6-25-14 -6-
entire amount of unused sick leave to service credit, waiving their right to a payout
for unused sick leave.
SECTION 13: COMPUTER PURCHASE PROGRAM.
The City agrees to continue the Computer Purchase Program (Program) as
set forth in the previous MOU, and to fund the Program in the amount of $17,500
for the term of this MOU at a maximum of $1,750 per employee. Any employee
who has participated in the Program and has paid his/her loan in full may
participate again if there is money available after those employees who have not
previously participated have been funded.
SECTION 14: ALTERNATE WORK WEEK SCHEDULE.
The City and Association agree to continue the Alternate Work Week
Schedule ("AWWS"), utilizing a 9/80 schedule, whereby employees may elect to
participate in the AWWS by working eight 9-hour days and one 8-hour day, with
every other 8-hour day off. The AWWS will continue for the term of this MOU, or
until cancelled by Management, whichever occurs sooner.
SECTION 15: PERSONNEL POLICY ADDITIONS AND AMENDMENTS.
The City and Association have agreed to modify City Personnel Policies
where appropriate to clarify the intent of those policies. A red -lined version of the
changes to the Personnel Policies shall be presented to the Association for review
and final approval no later than .August 1, 2014. The sections containing
modifications are as follows:
a) Section 1.65 Drug and Alcohol Free Workplace
b) Section 1.80 Equal Opportunity Employment Policy & Sexual Harassment
c) Section 1.98 Cell Phone Use Policy
d1 Section 2.0 Classification and Salary Plan
e) Section 3.55 Layoffs/Reduction-in-Force/Recall
f) Section 7.25 Family and Medical Leave
2014-15 FINAL MOU - 6-25A4 -7-
g) Section 14.30 Administrative Leave
h) Revisions, as needed, to other sections of the Personnel Policies, which are
necessitated as a result of the implementation of the Pay for Performance
Classification and Compensation System
SECTION 16: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT DESERT
RECREATION DISTRICT FITNESS CENTER.
The City agrees to subsidize the cost of membership at the Desert
Recreation District's Fitness Center, which will be housed in La Quinta at the La
Quinta Community Park on Avenida Montezuma. City employees may submit their
paid receipt for Desert Recreation District membership to the City's Finance
Department for reimbursement of $40.00 toward their $50.00 annual membership
fee.
SECTION 17: SOLE AND ENTIRE AGREEMENT.
It is the intent of the parties hereto that the provisions of this MOU shall
supersede all prior agreements, memoranda of agreement or memoranda of
understanding, or contrary salary and/or personnel rules and regulations,
administrative codes, provisions of the City (other than the Municipal Code),
whether oral or written, expressed or implied, between the parties, and shall
govern the entire relationship and be the sole source of any and all rights which
may be asserted hereunder. This MOU is not intended to conflict with federal or
state law. The Association and the City agree that all personnel rules not
specifically included herein shall be incorporated herein by this reference. The City
reserves the right to add to, modify or delete from its Personnel Policies, subject to
its obligations under the Meyers-Milias-Brown Act.
2014-15 FINAL MOU - 6-25-14 -8-
SECTION 18. WAIVER OF BARGAINING DURING TERM OF THIS
AGREEMENT.
During the term of this MOU, the Association agrees that it will not seek to
negotiate or bargain with respect to wages, hours and terms and conditions of
employment, whether or not covered by this MOU or in the negotiations preceding
execution of this MOU, except as required by specific provisions of this MOU.
Despite the terms of this waiver, the parties may, by mutual agreement, agree in
writing to meet and confer concerning any matter during the term of this MOU.
This MOU is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
. . iA J. _
Don Adolph, Mayov
DATED: 2014
Susan Maysels, City Ork
AS
M. Katherine JensonfCity Attorney
City of La Quinta, California
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
President
Anthony Morino, Vice -President
2014-15 FINAL MOU - 6-25-14 -9-
EXHIBIT
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Implementation Schedule - Pay for Performance
Performance Evaluation Model Rollout
EXHIBIT 3
SCHEDULE FOR PRACTICE PERFORMANCE EVALUATION MODEL ROLLOUT FOR 2014
July/Aug 2014 Train Evaluators and Employees on new Performance Review model,
Self Evaluation and Career Development Plan components
Aug/Sep 2014 All employees practice Self Evaluation portion of Performance Review
Sep/Oct 2014 Supervisors practice writing up all Performance Reviews
Oct/Nov 2014 Executive Team practice assessment of Exceptional Performance Reviews
Dec/Jan 2014/15 Make modifications and deliver Performance Reviews to all employees
SCHEDULE FOR PERFORMANCE REVIEWS FOR 2015
July 2015 Employees complete Self Evaluations and discuss with Supervisors
August 2015 Supervisors write up all Performance Reviews
September 2015 Executive Team assesses Exceptional Performance Reviews
Supervisors deliver Performance Reviews to all employees
October 2015 Performance Awards and step increases take effect
TRANSITION FROM EXISTING PERFORMANCE EVALUATIONS TO NEW MODEL:
Oct 2014 -Jan 2015 Everyone training on and using New Model - no $ attached
Next formal evaluations begin July 2015
Jan 2015-July 2015 No formal evaluations will be given during this time
July - Oct 2015 Everyone using New Model
Annual Evaluation Period for all employees becomes July 1- June 30
Council allocates $ during budget process for FY 2015/16 performance pool
October 2015 Performance Awards and step increases take effect
Rev 6-25-14
EXHIBIT 4
E'
SOFT
UNUSED SICK LEAVE ELECTION FORM
Government Code Section 20965 and the City's contract for retirement benefits with
CaIPERS provides that unused accumulated sick leave at time of retirement may be
converted to additional service credit at the rate of 0.004 year of service credit for each day
of unused sick leave (i.e., 250 days of sick leave equals one additional year of service
credit). You will be required to have your available unused sick leave time certified by the
City, should you elect to convert it to service credit upon retirement.
I am requesting disposal of my unused sick leave as set forth below:
Name of Employee:
Retirement date:
Last day of physical presence at City Hall:
(Choose only one option below)
Please pay me for all unused sick leave hours as of the retirement date
indicated above.
Please pay me for hours of unused sick leave, and certify the
remainder for conversion to service credit.
Please certify all of my unused sick leave hours for conversion to service
credit.
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Employee Signature Date
Received By:
Date
Y1FORMS AND LETTERSTorms-028-Unused Sick Leave Election Form