CC Resolution 2018-034 LQCEA MOURESOLUTION NO. 2018 - 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LA QUINTA AND THE LA QUINTA CITY
EMPLOYEES' ASSOCIATION
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
3500, as amended; and
WHEREAS, the City and the Association have negotiated a 3-Year Memorandum
of Understanding for the period commencing on July 1, 2018, and terminating
June 30, 2021, as set forth in "Exhibit A"; and
WHEREAS, the City and the Association have agreed upon a Salary Schedule
effective June 25, 2018, as set forth in "Exhibit B"; and
WHEREAS, the City and the Association have agreed upon an updated Tuition
Reimbursement Policy, as set forth in Exhibit C; and
WHEREAS, the Association ratified the Memorandum of Understanding on June
7, 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City .does hereby ratify and approve, ratify and authorize
implementation of each economic and non -economic benefit and right set forth in the
Memorandum of Understanding between the City and the Association, attached and
incorporated herein as "Exhibit A" and said to the extent the City may legally do so in
accordance with the time constraints of said Memorandum of Understanding.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 19th day of June, 2018, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
Resolution No. 2018-034
LQCEA MOU
Adopted: June 19, 2018
Page 2 of 2
ABSTAIN: None
C
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEJA, ACt{A City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of Lo Quinta, California
EXHIBIT A
RESOLUTION NO. 2018-034
MEMORANDUM 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, 2018, and shall remain in effect for three (3) years
through and including June 30, 2021.
SECTION 2: SALARY
The 2018/19 Salary Schedule reflects the 2018 Compensation Study Report completed
by Arthur J. Gallagher & Co. agreed upon by the City and Association. The Salary
Schedule is attached hereto as Exhibit 1, and by this reference made a part hereof,
shall become effective on July 1, 2018, and shall remain in effect during the full term
(July 1, 2018 through June 30, 2021) of this MOU, unless modified in writing by mutual
agreement of both parties.
The parties agree to meet and confer during this term to discuss adding MOU
consolidated language and Personnel Policy updates.
Parties agree to meet and confer annually in April during the term of this MOU. Salary
range adjustments will be based on the World at Work ("WOW") projections to
determine an appropriate salary range increase recommendation, which is subject to
Council approval.
SECTION 3: PAY FOR PERFORMANCE CLASSIFICATION AND COMPENSATION
SYSTEM
A. Pay for Performance Compensation Methodology. Pay increases retroactive to
July 1 shall be based upon individual performance review ratings for the year ending
June 30 as follows:
2018/19 MOU 1
Overall Performance Rati
NEEDS
IMPROVEMENT
If more than 2 steps below the job
rate: No increase
If only one step below the job rate: No increase
If at or above job rate:
No increase
SUCCESSFUL EXCEEDS
I
2 ste
1 step 1 step plus Award
*Year 1: Award
**Year 2: One
No increase Performance Step
*The City agrees to accept the Exceeds ratings from 2017 as Year 1.
**If year 2 is a Successful rating and there is an extenuating circumstance, the City
agrees to take the Year 3 Exceeds into consideration for a Performance Step.
The City Council has the discretion to establish the total performance pool for
all City of Lo Quints employees for performance evaluations.
B. Market Survey. The parties agree to a full market survey performed by Arthur J.
Gallagher & Co. prior to June 30, 2021, and every 3'd year thereafter.
Recommendations from Arthur J. Gallagher & Co. will be considered for potential
adjustments to the existing salary ranges based on the market survey data. Any
adjustments made to the existing salary ranges shall be considered PERSable
adjustments.
C. Overall Performance Evaluation Ratings. City shall provide the Association with
the overall performance evaluation ratings only (no employee names), identifying the
number of ratings falling into each rating category, no later than October 31 each
year.
D. Request for Reconsideration of Performance Evaluation Ratin . City and
Association agree to follow the guidelines provided in the "Request for
Reconsideration of Performance Evaluation Rating" as the basis for reviewing
performance evaluation ratings of employees who choose to utilize same. These
guidelines in no way alter the Personnel Policies Section 12.10.2, which states
performance evaluations are not grievable.
SECTION 4: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE
Effective January 1, 2018, the parties agreed to the maximum contribution by the City
of $1,668 per month. The parties further agree to reopen negotiations in August 2018,
August 2019, and August 2020 in order to meet and confer on the amounts paid by
the City and employees for insurance coverage for the next calendar year.
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.
2018/19 MOU -2-
B. Opt -out of City Coverage. Personnel Policy Section 14.05 states that an
employee who provides the City evidence of medical insurance under a separate
policy and requests to be deleted from the City's coverage shall receive $250 per
month as an in lieu payment. Should such other coverage subsequently be unavailable
to the employee, the employee shall have the right to seek reinstatement to coverage
under the City's policy upon written request. In such a case, the City shall reinstate the
employee's coverage and cancel the in lieu payment if reinstatement is permitted
under the provisions for reinstatement then in effect with the City's health insurance
provider.
C. 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 and will pay the $15 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
Section 15.25 The City's Personnel Policy will be updated to reflect that all employees
are eligible for tuition reimbursement at a maximum of $3,500 per Fiscal Year not to
exceed a total annual budget of $52,500.
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 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
2018/19 MOU -3-
amendment, modification or rescission shot[ 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 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 14 herein.
SECTION 9: HOLIDAYS
Holidays shall be recognized as provided in the City's Personnel Policy.
SECTION 10: VACATION
Vacation accrual 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: Ca[PERS RETIREMENT
A. Employer/Employee Obligations. For purposes of the City's election to pay to
the California Public Employees' Retirement System (CaIPERS), effective July 1, 2013,
the City shall pay to 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
2018/19 MOU -4-
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" 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 entire amount of
unused sick leave to service credit, waiving their right to a payout for unused sick
leave.
SECTION 13: COMPUTER LOAN PROGRAM
The City agrees to continue the Computer Loan Program (Program) 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: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT LA QUINTA WELLNESS
CENTER OR DESERT RECREATION DISTRICT FITNESS CENTER
The City agrees to subsidize the cost of membership at either the La Quinta Wellness
Center or the Desert Recreation District's Fitness Center. City employees may submit
their paid receipt for La Quints Wellness Center or Desert Recreation District
membership to the City's Finance Department for reimbursement of $40 toward their
annual membership fee.
SECTION 16: PERFORMANCE REVIEWITRANSPARENCY PROCESS
The City agrees to the following with regard to the performance review and
transparency process:
16.1 Review Period: Annual Performance Reviews will be completed between
July 1 and September 30 for the previous fiscal year ending on June 30.
16.2 Association Survev: Association may survey its members for input
regarding the performance review process and may provide survey results to City for
consideration. Any changes to the Performance Evaluation form shall be a subject of
the meet and confer process.
2018/19 MOU -5-
16.3 Labor/Management Committee: City and Association agree to form a
Labor/Management Committee (LMC) that may meet three (3) times per year at the
request of either party to address concerns regarding employee relations. The LMC is
not authorized to change the MOU or to settle any grievance being processed under
the MOU.
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.
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
Linda Evans, Mayor
DATED: °t� i , 2018
j►ii � �
2018119 mou -6-
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
Rodarte, President
DATED: 12-1J��,2018
APPROVED AS TO FORM:
liam H. Ihrke, City Attorney
2018/19 MOU -7-
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EXHIBIT C
RESOLUTION NO. 2018-034
SECTION 15: TRAINING AND TRAVEL
15.05 TRAINING: The City recognizes the importance of employee development and
training in an effort to improve the capabilities and effectiveness of City personnel.
Training shall be geared to both organizational improvement and individual employee
development. This development shall not only be the responsibility of the Department
Directors or Supervisors, but shall be shared with employees in a total organizational
effort.
15.10 IN-HOUSE TRAINING: Employees who have training, knowledge or expertise in a
subject area, or have recently attended a seminar or conference in a given subject
matter, may be asked to share this information with other employees. Such in-house
training may be informal or formal, depending upon the nature of the training, and
can include any variety of topics.
15.15 DEPARTMENT TRAINING: City departments and divisions are encouraged to
offer specialized training to their employees. Such training shall be the responsibility of
the Department Director and may include topics such as safety, equipment operation
and other training in their specific fields of responsibility.
15.20 SEMINARS AND CONFERENCES: Employees may attend seminars or conferences
covering current issues and areas relevant to their positions under the following
conditions:
15.20.1 Employees must submit their request on forms prescribed by the Finance
Department and follow all applicable procedures.
15.20.2 Budgeted funds must exist for all such training and any travel. All travel
that requires travel authorization must have City Manager and/or City Council
approval.
15.20.3 Employees must comply with the City's Administrative Travel and
Expense Policy and provide necessary receipt documentation.
15.20.4 Employees who have recently achieved such training must be willing to
provide "in-house" training to other employees, if requested.
15.25 TUITION REIMBURSEMENT: Subject to Department Director and Employee
Relations Officer (or designee) approval, employees may attend and be reimbursed for
the cost of educational courses taken at an accredited college or university which
provide a benefit to the City as set forth in the MOU between the City and the La
Quinta City Employees' Association
Any education that is a requirement for continuation of employment or is an identified
part of a job evaluation shall be paid for by the City.
Reimbursement will be made only after an employee has satisfactorily completed the
class or workshop with the grade of "B" or better and evidence of same has been
submitted and approved by the Employee Relations Officer. The general rule is that an
employee must be employed at the time he/she starts and completes the class or
workshop in order to be reimbursed. If an employee resigns or retires his/her
employment with the City or is terminated for disciplinary reasons within two (2) years
of receiving reimbursement under these provisions, employee shall reimburse the City
for all monies paid him/her for educational reimbursement received dating back two
(2) years from his/her termination date. If an employee has followed the foregoing
requirements for reimbursement and, through no fault of his/her own, is laid off
before completion of the approved class or workshop, the employee will continue to
be eligible for reimbursement even though he/she is no longer employed by the City.
No employee will be eligible for reimbursement for any class or workshop taken after
the employee has been given a written notice of layoff, notice of termination for
failing to pass the probationary period, or notice of intent to terminate employment
for cause.
Required forms must be completed and necessary documentation (receipts and
grades) must be provided in order to receive reimbursement. Final and conclusive
determinations of the reimbursement amount shall be made by the Employee
Relations Officer after review of the request and recommendations by the Department
Director and the Employee Relations Officer.
There is no mileage reimbursement for travel to and from educational classes.