CC Resolution 1996-048#K RESOLUTION NO.96-48
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
LQCEA), COMMENCING ON JULY 1, 1996, AND TERMINATING ON JUNE30, 1997.
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 signed a Memorandum of Understanding
for the period commencing on July 1, 1996, and terminating on June 30, 1 997.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
QUINTA 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 Memorandum of
Understanding between the City and Association, attached hereto and executed on June 20,
1 996, 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 by the City Council of the City of La Quinta,
California this 20th day of June, 1 996, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
AT*EST:
*AUNDRA L Ji*H0LA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
** *
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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#K EXHIBIT A"
MEMORANDUM 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, 1996 and shall remain in
effect through and including June 30, 1997.
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 2% Cost
of Living Adjustment I 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;
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#K City Employee
Group Medical Dental, Vision, and Contribution Contribution
Life Insurance
Employee Only $292.60 0
Employee and Dependents $639.56 $56.96
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.
The City also agrees to amend the short term disability coverage to
include a fourteen 14) day eligibility period for continuous illness/injury
and a one 1) day eligibility period when hospitalization occurs. All costs
associated with this enhanced benefit will be assumed by the City.
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
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#K 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.
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#KSECTION 7: HOURS
Employee hours of work shall be as stated in Personnel Policies Rule X
Work Schedules and Overtime. Sections 1 through 3, unless superseded
as provided herein.
SECTION 8: HOLIDAYS
City paid holidays shall be as provided in Personnel Policies Rule X
Leave Policy. Sections 1 through 4, unless superseded as provided for
herein.
SECTION 9: VACATION
9.1 Accrual: Vacation accrual shall be as provided in Personnel Policies
Rule X Section 5, Vacation, unless superseded as provided for herein.
9.2 Buy-Back: Notwithstanding the Personnel policies to the contrary,
such policies will be amended to include the following vacation buy-back
provision.
9.2 a) Mandatory Buy Back
Vacation hours may be accrued and accumulated over multiple calendar
years up to a maximum accrual of 320 hours. Accrued vacation hours
which exceed 320 hours as of the last pay period of November of each
calendar year shall be paid at the * regular rate of pay as time
worked and shall be included in the second payroll check of December of
each calendar year.
Notwithstanding the foregoing, any existing employee with accrued and
accumulated vacation hours in excess of 320 hours as of July 1,1995
will be permitted to maintain such hours as that employee*s maximum
accruable vacation hours. Accrued and unused vacation hours in excess
of any existing employee's maximum accruable hours will be subject to
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#K the mandatory buy back provisions of this section.
9.2 b) Optional
In addition to the foregoing, any existing employees with a minimum of
80 hours of accrued and unused vacation time as of the last pay period
in November in each calendar year, may receive pay at the employee's
regular rate of pay, for a portion or the entire amount of accrued vacation
hours in excess of 80 hours, provided that such employee has taken at
least 40 hours of vacation, consisting of five consecutive work days,
excluding holidays), between December 1 of the prior year through
November 30 of the current year.
Any employee desiring to exercise this option must make a written
request to the Finance Director no later than November 1 5 in each
calendar year for which vacation buy back is sought. The buy back pay
will be included in the second payroll check of December of each calendar
year.
SECTION 10: SICK LEAVE
Sick leave shall be accrued as provided in Personnel Policies Rule X,
Section 6, Sick Leave, unless superseded as provided herein.
Rule XIV of the Personnel Policies Section 7. 1. Family Illness leave
shall be amended to include * in the definition of immediate
family, unless superseded as provided herein.
Rule XIV of the Personnel Policies, Section 7.2. Bereavement Leave to be
amended to include grandchildren" in the definition of immediate family,
unless superseded as provided within.
SECTION 11: 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
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#Kand 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 12: 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.
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#K This Memorandum is hereby executed and or ratified this Thili day of
June 1 996 by and between the following authorized representatives of
the City and the La Quinta City Fmployees' Association.
CITY OF LA QUINTA
Dated:____________ 1996
By Glenda L. Holt, Mayor
LA QUINTA CITY EMPLOYEES' ASSOCIATION
Dated: 1996
Negotiating Committee:
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