CC Resolution 2010-040 LQCEA MOURESOLUTION NO. 2010 - 040
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, 2010, AND TERMINATING JUNE 30, 2011
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 Memorandum of
Understanding for the period commencing on July 1, 2010, and terminating
June 30, 2011; and
WHEREAS, the Association ratified the Memorandum of Understanding on
May 19, 2010.
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 1" day of June, 2010, by the following vote to wit:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 2
ON ADOL Fi, May r
City of La Quinta, California
ATTEST:
CMC, City Clerk
City of La (iuinta, California
(City Seal)
APPROVED AS TO FORM:
KA HE INE JEN6,1A, City Attorney
City of La Quinta, California
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 3
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:
TERM.
This MOU shall take effect on July 1, 2010, and shall remain in effect
through and including June 30, 2011.
SALARY
The Schedule of Salary Ranges (Schedule), which is attached hereto as
Exhibit 1 and by this reference made a part hereof, shall remain in effect during the
term (July 1, 2010 through June 30, 2011) of this MOU. Exhibit 1 reflects a zero
percent (0%) COLA over the schedule in effect on June 30, 2010.
Resolution No. 2010-040
Adoption of 2010-11 LOCEA MOU
Adopted: June 1. 2010
Page 4
MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
Fiscal Year 2010-11.
The parties agree to reopen negotiations in September 2010 in order to meet
and confer on the amounts paid by the City and employees for insurance coverage
for the next calendar year. The process to be utilized for determining increases in
coverage is set forth in the Health Benefits Reopener Process Methodology (Health
Benefits Methodology), which is attached hereto as Exhibit 2 and by this reference
made a part hereof.
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.
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.
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
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 5
employees shall not exceed $17,250 during the term of this MOU at a maximum of
$1,035 per employee.
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
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 6
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.
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.
HOURS.
Employee hours of work shall be as stated in the City's Personnel Policies
unless superseded as provided in Section 13 herein.
HOLIDAYS.
Holidays shall be recognized as provided in the City's Personnel Policy unless
superseded as provided herein.
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 7
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. Section 14.15.4 of the City's Personnel Policies shall be
amended as follows:
14.15.4 Vacation Buy -Back:
A. Mandatory Buy -Back
Vacation hours may be accumulated and carried over to succeeding
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 year shall be paid at the employee's regular rate of
pay as time worked and shall be issued as a separate check in
December.
B. Optional
In addition to the above, employees with a minimum of 80 hours of
accrued vacation time as of the last pay period in November in any
calendar year, may receive pay at the employee's regular rate of pay,
for a portion or the entire amount over 80 hours, provided that the
employee has taken at least 40 hours of vacation in the prior year
between December 1 and November 30. Any employee desiring to
exercise this option must make a written request to the Finance
Director no later than November 15 in the calendar year for which
vacation buy back is sought. The buy-back pay will be issued as a
separate check in December.
C. Regular Part -Time Employees
Regular Part -Time employees with a minimum of 60 hours of accrued
vacation time as of the last pay period in November in any calendar
year, may receive pay at the employee's regular rate of pay, for a
portion or the entire amount over 60 hours, provided that the
employee has taken at least 30 hours of vacation time in the prior year
between December 1 and November 30. Regular, part-time
employees wishing to exercise this option must make a written
request to the Finance Director no later than November 15 in the
calendar year for which vacation buy-back is sought. The buy-back
pay will be issued as a separate check in December.
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 8
SICK LEAVE.
10.1 Accrual. Sick leave shall be accrued as provided in the City's
Personnel Policies unless superseded as provided herein.
10.2 Buy-back. Section 14.20.4 of the City's Personnel Policies shall be
amended as follows:
14.20.4 Sick Leave Pay Back:
A. City agrees to provide Sick Leave pay back upon
employee's termination, as follows:
2 through 4 years service
25%
5 through 9 years service
50%
10 years service and up
75%
B. A maximum Sick Leave accrual of four hundred eighty
(480) hours shall be established. If the maximum
accrual of Sick Leave has been reached as of
November 30 in any calendar year, employee shall be
reimbursed for the number of Sick Leave hours
accrued and unused above the maximum, according
to the formula used for Sick Leave pay back upon
employee termination, as above. Employees have the
option to be reimbursed for accrued and unused sick
leave above 240 hours up to 480 hours once every
year. The sick leave pay back will be issued as a
separate check in December.
10.3 Part-time accrual and buy-back. Section 14.20.8 of the City's
Personnel Policies shall be amended as follows:
14.20.8 Regular Part -Time Employees who work at least thirty
(30) hours per week shall accrue paid sick leave, pro -rated calculated
by the number of hours worked as a percentage of a forty (40) hour
workweek. Employees in this category may accrue up to three
hundred sixty (360) hours of sick leave. Sick leave pay back shall be
calculated pursuant to Section 14.20.4.
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1, 2010
Page 9
CalPERS RETIREMENT
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 3) 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.
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.
ALTERNATE WORK WEEK SCHEDULE.
The City and Association agree to continue the Alternate Work Week
Schedule ("AWWS") as set forth in the previous MOU, utilizing a 9/80 schedule,
Resolution No. 2010-040
Adoption of 2010-11 LQCEA MOU
Adopted: June 1. 2010
Page 10
whereby employees may elect to participate in the AWWS by working eight 9-hour
days and one 8-hour day, with every other Friday off. The AWWS will continue for
the term of this MOU, or until cancelled by Management, whichever occurs sooner.
104*16101LI14111111914IW e il 111iPPF-IFe1►1O7eU1iI4►U1Ly,1:1U&I
The City and Association have agreed to modify City Personnel Policies
where appropriate to clarify the intent of those policies affected by implementation
of the AWWS, as provided in Section 13 herein.
EMPLOYEE MEMBERSHIP AT CITY FITNESS CENTER.
The City and Association agree to continue to waive the membership fee for
all City employees to the City's Fitness Center at the President Gerald R. Ford Boys
& Girls Club. City employees may obtain a City -issued identification card for
access to the City's Fitness Center during regular hours of public operation.
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
Resolution No. 2010-040
Adoption of 2010-11 LQCFA MOU
Adopted: June 1, 2010
Page I I
reserves the right to add to, modify or delete from its Personnel Rules, subject to
its obligations under the Meyers-Milias-Brown Act.
SECTION 17. 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
DATED: 2010 By:
DATED:
Don Adolph, Mayor
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
2010 By:
M2
CITY OF LA QUINTA
SCHEDULE OF SALARY RANGES
FY 10111
MONTHLY
BASE
RANGE
STEP
A
STEP
B
STEP
C.
STEP
D
STEP
E
30
2,454.52
.2,577.25
2,706.11
2,841.41
2,983.48
31
2.515.88
2,641.68
2.773.76
2,912.45
3.058.07
32
2,577.25
2.706.11
2,841.41
2.983.48
3,132.66
33
2.641.68
2,773.76
2,912.45
3,058.07
3,210.98
34
2,706.11
2,841.41
2,983.48
3,132.66
3.289.29
35
2,773.76
2,912.45
3,058.07
3.210.98
3.371.52
36
2,841.41
2,983.48
3.132.66
3,289.29
3,453.76
37
2,912.45
3.058.07
3,210.98
3,371.52
3,540.10
38
2,983.48
3.132.66
3,289.29
3,453.76
3,626.44
39
3.058.07
3,210.98
3,371.52
3.540.10
3,717.11
40
3,132.66
3.289.29
3,453.76
.3,626.44
3,807.77
41
3,210.98
3,371.62
3,540.10
3,717.11
3.902.96
42
3,289.29
3,453.76
3,626.44
3.807.77
3,998.15
43
3,371.52
3,540.10
3,717.11
3,902.96
4,098.11
44
3.453.76
3,626.44
3.807.77
3.998.15
4.198.06
45
3,540.10
3.717.11
3,902.96
4,098.11
4,303.01
46
3,626.44
3,807.77
3,998.15
4,198.06
4,407.97
47
3,717.11
3,902.96
4,098.11
4,303.01
4.518.16
48
3.807.77
3,998.15
4,198.06
4,407.97
4,628.36
49
3,902.96
4,098.11
4,303.01
4,618.16
4,744.07
50
3.998.15
4,198.06
4,407.97
4,628.36
4,859.78
51
4,098.11
4.303.01
4,518.16
4.744.07
4,981.28
52
4.198.06
4,407.97
4,628.36
4,859.78
5.102.77
53
4,303.01
4,518.16
4,744.07
4.981.28
5,230.34
54
4.407.97
4,628.36
4,859.78
5,102.77
6.357.91
55
.4,518.16
4,744.07
4.981.28
5,230.34
5,491.86
56
4,62836
4,859.78
5,102.77
5,357.91
5,625.60
57 1
4,744.07
4,981.28
5,230.34
5,491.86
5,766.45
58
4.859.78
5,102.77
5.357.91
5.625.80
5,907.10
59
4,981.28
5.230.34
5,491.86
5,766.45
6,054.77
60
5162.77
5.357.91
5,625.80
5,907.10
6,202.45
EXHIBIT
CITY OF LA QUINTA
SCHEDULE OF SALARY RANGES
FY 10111
MONTHLY
BASE
STEP
STEP
STEP
STEP
STEP
RANGE
A
B
C
D
E
61
5,230.34
5.491.86
5,766.45
6,054.77
6.357.51
62
5357.91
5,625.80
5,907.10
.6,202.45
6,512.57
63
5:491.86
5.766.45
6,054.77
6.357.51
6,675.39
64
5,625.80
.5,907.10
6,202.45
6,512.57
6,838.26
65
5.766.45
6.054.77
6.357.51
6.675.39
7.009.16
66
5,907.10
6.202.45
6,512.57
6;838.20
7,180.11
67
6.054.77
6,357.51
6,675.39
7,009.16
7,359.61
68
6,202.45
6,512.57
6,838.20
7,180.11
7,539.12
69
6,357.51
6,675.39
7,009.16
7,359.61
7,727.59
70
6512.57
6.838.20
7,180.11
7,539.12
7,916.07
71
6,675.39
7,009.16
7,359.61
7,727.59
8,113.97
72
6,838.20
7,180.11
7.536.12
7,916.01
8,311.88
73
7,009.16
7,359.61
7,727.59
8,113.97
8,519.67
74
7.180.11
7,539.12
7.916.07
8,311.88
8,727.47
75
7,359.61
7727.59
.,8,113.97
8,519.67
8,945.66
76
7,539.12
7:916.07
8,311.88
8,727.47
9,163.84
77
7,727.59
8.113.97
8,519.67
8.945.66
9,392.94
78
7,916.07
8;311.88
8,727.47
9,163.84
9,622.04
79
8,113.97
8,519.67
8,945.66
9,392.94
9.862.59
80
8,311.88
8,727.47
9,163.84
9,622.04
10,103.14
81
8,519.67
8.945.66
9,392.94
. 9.862.59
10,355.72
82
8,727.47
9,163.84
9,622.04
10,103.14
10,608.29
83
8,945.66
9,392.94
9,862,59
10,355.72
10,873.50
84
9,163.84
9.622.04
10.103.14
10,608.29
11.138.71
85
9,392.94
9,862.59
10,355.72
10,873.50
11,417.18
86
9.622.04
10,103.14
10,608.29
11,138.71
11.695.64
87
9,862.59
10,355.72
10,873.50
11,417.18
11,988.04
88
10,103.14
10, 608.29
11.138.71
11,695.64
12,280.43
89
10,355.72
10,873.50
11.417.18
11,988.04
12,587.44
90
10,608.29
11,138.71
11,695.64
12,280.43
12.894.45
91
.10, 873.50
11, 417.18
11, 988.04
12, 587.44
13, 216.81
92
11.138.71
11,695.64
12,280.43
12,894.45
13,539.17
93
. 11,417.18
11, 988.04
12, 587.44
13,216.81
13, 877.65
94
11,695.64
12,280.43
12894.45
13,539.17
14,216.13
95
11:988,04
12:58744
13:216.81
13,877.651
14,571.53
Exhibit 2
Health Benefits Reopener Methodology
1. When calculating the "average" increase in total monthly costs, all
health plans available to City employees at the time of the reopener
shall be included, regardless of whether any City employees
participate in such plans at the time of the reopener (since there is the
potential for an employee to choose any of the plans during open
enrollment, so all should be included).
2. Add together all increases and subtract all decreases and divide by the
total number of health plans available to City employees at the time of
the reopener to obtain an overall average percentage increase or
decrease.
3. Multiply the overall average percentage increase or decrease by the
existing monthly cap to obtain the recommended increase or decrease
to the monthly cap.
4. Recommendation is subject to Council approval.
UNUSED SICK LEAVE ELECTION FORM
Government Code Section 20965 and the City's oontract.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 if 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 oertify 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
Received By:
Y.IFORAAS AND UTMRWWM8-028-Unused Sick Leave Election Forth
Date
Date