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2011-12 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, 2011, and shall remain in effect through and including June 30, 2012. SECTION 2: 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, 2011 through June 30, 2012) of this MOU. Exhibit 1 reflects a zero percent (0%) COLA over the previous schedule in effect on June 30, 2011. 2011-12 MOU - Final hdy 2011 _t SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE. A. Fiscal Year 2011-12 The parties agree to reopen negotiations in September 2011 in order to meet and confer on the amounts paid by the City and employees for the combined cost of medical, dental, vision and life 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. B. 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. 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 $350.00 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. 2011-12 MOU - Final July 2011 -2- SECTION 4: 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 $17,250 during the term of this MOU at a maximum of $1,035 (or 6%) per employee. The last paragraph of Personnel Policy Section 15.25, Tuition Reimbursement, is amended to read as follows: No one employee may receive more than 6% of the total annual budgeted money available for tuition reimbursement. SECTION 5: 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 1011-12 MOU - Rf W Rdy 201 1 _3_ 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 6: NON-DISCRIMINATION. All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, 2011-12 MOU — Finn) Rdy 201 I -4- 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 7: HOURS. Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided in Section 13 herein. SECTION 8: HOLIDAYS. Holidays shall be recognized as provided in the City's Personnel Policy unless superseded as provided herein. SECTION 9: 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 10: SICK LEAVE. Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. nii.i2MOII -ht,3I ,ly?Olt -� SECTION 11: CaIPERS 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. SECTION 12: COMPUTER PURCHASE PROGRAM. 12.1 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. 2011-12 MOU - Final July 2011 -6- 12.2 The Computer Purchase Program is amended to reflect changes in technology and clarifying an employee's loan repayment obligations, as shown on the attached Exhibit 4. SECTION 13: ALTERNATE WORK WEEK SCHEDULE. The City and Association agree to continue the Alternate Work Week Schedule ("AWWS") as set forth in Attachment 5, 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 14: 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, as follows: a) Vacation policy - Section 14.15.2(F) Limitations: F. Vacation leave may be taken in any increment approved by management. (emphasis added) b) Vacation Buy -Back Policy (Section 14.15.4) - change existing language from "provided that the employee has taken at least 40 hours" to "provided that the employee's vacation bank has been reduced by at least 40 hours." (emphasis added) c) Vacation Leave Transfer Policy (Section 14.15.5 (R): R. Donated but unused vacation and compensatory time shall be credited back to the original donor once the requesting employee returns to work on a full-time basis. The Finance 2011-12 MOU - Final hiIy 2011 -� Department will notify each donating employee that his/her unused donations are no longer needed. d) Other minor changes to Personnel Policies intended to clarify ambiguous or unclear language. SECTION 15: 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 16: 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 2011-12 MOU — Final July 2011 -8- from its Personnel Policies, 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. DATED: �O 2011 DATED: Z 2011 CITY OF LA QUINTA By: Don dolph, ayor LA QUINTA CITY EMPLOYEES' ASSOCIATION 2011-12 MOU - Fine1 h 1, 2011 -� CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 11/12 EXHIBIT 1 MONTHLY BASE STEP STEP STEP STEP STEP RANGE A B C D 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 2,912A5 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 3,371.52 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 4,518.16 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 5,357.91 55 4,518.16 4,744.07 4,981.28 5,230.34 5,491.86 56 4,628.36 4,859,78 5,102.77 5,357.91 5,625.80 57 4,744.07 4,981,28 5,230.34 5,491.86 5,766.45 58 4,8%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 5,102.77 5,357.91 5,625.80 5,907.10 6,202.45 CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 11/12 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 5,357.91 5,626.80 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 6,838.20 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 6,512.57 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 7,539.12 7,916.07 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 7,727,59 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 1387765 94 11:695.64 12,280.43 12, 894.45 13, 539.17 14:216:13 95 11,988.04 12,587.441 13,216.81 13,877.65 14, 571.53 EXHIBIT 2 Health Benefits Reopener Methodology 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. EXHIBIT 3 UNUSED SICK LEAVE ELECTION FORM Government Code Section 20965 and the City's contract for retirement benefits with CalPERS 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. Employee Signature Received By: Y:IFORMS AND LETfERs\Forms-028-Unused Sick Leave Election Form Date Date EXHIBIT 4 ( Rev. Ju!1 2011WG9 CITY OF LA QUINTA Computer Loan Program Criteria The following criteria apply to the Computer Loan Program for the City of La Quinta, California: ELIGIBILITY All full-time employees who have completed probation are eligible. This is strictly a volunteer program and the employee will use their own time and expense in order to participate. Also, program parameters such as the maximum loan amount, interest rate and scope of the program, will be evaluated on an annual basis. SCOPE The City has adopted a Windows XP-7 operating system. All computers and other hardware must be compatible with the Windows operating system to be eligible. The following items are included: Computers, printers, modems, monitor, scanner, backup devices, hard drive, CD/DVD ROMom drives, surge protector, wireless routers, speakers, battery backup, upgrading current equipment, including memory, CPU motherboard components and warranty costs for up to a one year period. Software that is commonly used at the City is eligible. Normal installation costs and sales tax are also included. The following items are not included: Software (not included as loaded software in the computer purchase unless commonly used at the City) and Internet software and service charges. The City Manager may approve items not included within the scope of this section FREQUENCY Two drawings will be held each fiscal year on July 31 and January 31. After an employee has participated in the program, the employee will not be eligible again until all loans are repaid in full and for the next twenty four (24) months after the date of their previous drawing. Page 1 of 6 I Rev. Ju ,1011,7109 AMOUNT OF LOAN A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that an employee is eligible to receive the entire $1,750 and spends less, the remaining amount cannot be carried over to the next year. For example, if an employee receives approval to spend up to $1,750 and only requires $1,000, the remaining amount of $750 cannot be loaned in future years. Loans are awarded based on the availability of funds. INTEREST RATE The interest rate is five percent (5%) per year simple interest payable in 26 or 52 equal installments from the nearest payroll date of the loan. A $1,750 loan would be repaid in accordance with Attachment No. 1, Early payoff of loans will be for the outstanding principal at the next payroll date after notification. SELECTION PROCESS Eligible employees must submit Intent to Participate form by July 31"and January 31 ' of each year, subject to available funds. Employees will be grouped into two classes - New Participants and Repeat Participants. A separate drawing will be held for each class. New participants have priority over repeat participants. Repeat participants are not eligible for a drawing until 24 months from their previous drawing have passed and all loans are repaid. Any participant who has defaulted on a previous loan is ineligible for future loans. The Human Resources/Risk Manager will conduct a duly witnessed random blind drawing to determine the selection order of eligible employees. The first name drawn will be the first in the selection process and will continue until available funded slots are filled. A list of each employee participating in the program and the order selected will be compiled and will be available on request,Employees have sixty days to complete their purchase from the date of the drawing or when they become eligible, if later. Each year the City will determine the amount that may be loaned for the Computer Program. No carryover of unused funds to the next fiscal year is allowed. As an example, 16 employees apply for the program but only 15 employees apply by July 31 ". Only 15 employees are eligible for the drawing. The 16" employee may apply at the January 31 drawing. If the City determines that it can fund $17,500 or (10 x $1,750) 5 employees will initially not be eligible for the program. A random drawing is held and 10 numbers are ranked from 1 - 10. The 10 employees purchase Page 2 of 6 Rev. July 20111109 their equipment and they do not spend their entire allocation leaving $3,500. The remaining $3,500 would be assigned to employees 1 and 2 at the January drawing. EMPLOYEE RESPONSIBILITIES The employee is responsible for application to the Computer Loan Program by July 31 s` and January 3151 of each fiscal year. The employee is responsible for purchasing the equipment within sixty days of award, handling vendor complaints, and maintaining service of the equipment. The computer equipment will be purchased by the employee in the employee's name. The City's only role is to provide loans for the purchase and the collection of the loan. The City loan is for the purchase of computer equipment and eligible software with payment by the City for its portion made payable to the computer vendor and not to the employee. The City will give the check payable to the vendor to the employee. If the employee purchase is for more than theCity City loan amount, the employee is responsible for the difference. The City will not be responsible for any difference nor will it cosign for any loans. In addition, no City purchase order may be used for any purchase nor may any employee verbally or in writing represent that the City is Purchasing equipment for its use. If the purchase price is greater than $1,750, the employee must make arrangements with a vendor to accommodate this method of payment. Prior to any payments being made, the employee must submit a sales quote for the items being selected to the Human Resources/Risk Manager. After being reviewed for eligibility, the employee will be notified of any items not qualifying under the Program. After the sales quote has been reviewed and modifications made, a check to the computer vendor will be produced. The vendor check will be given directly to the employee. The employee will then produce a final invoice to the Finance Director evidencing the transaction. The City will riot make a loan if the previously described steps have not been complied with. For instance, the City will not reimburse an employee after a purchase has been made by the employee. REPAYMENT The employee will sign a slip authorizing withholding of the principal and interest amount from future paychecks and_ authori_zing_the_City_to .withhold, any_ remaining -- - pnncipal and interest still due a_nd owincg_from their final.p�check,-in__the event the employee leaves City service before the loan Is repaid.: EmptoYees-who-leave the C{ty - - -- - - service -before the loan is -repaid will -pay -the remaining principal and interest in their final--paycheek, if the loan amount exceeds the final paycheck after all other withholdings are made, the employee will pay the remaining principal amount due with Page 3 of 6 Rev. July 20117109 personal funds within one, week of leaving City service. It is the employee's responsibility to make payment. If such payment is not made within seven days, the employee is deemed to have defaulted on the loan. The City will commence actions it deems necessary to collect on the remaining loan. Interest will continue to accrue after default until repaid in full. Interest may accrue past the two-year term of the loan if still in default at the end of the second year. The City may turn the defaulted loan over to a collection agency, Small Claims Court, City legal resources or other measures necessary for collection. The City will attempt to recover any costs expended on collecting the loan from the employee. VENDOR SELECTION The City has not specified one particular vendor nor does it recommend a particular vendor. The employee is responsible for selecting a vendor and negotiating the price, warranty and other terms of the purchase. The City will only pay for up to one year of warranty costs if the employee has an interest in this area. Those items are listed in the Scope Section of this Policy. The employee is responsible for any mailing and service charges not covered by any warranties. USE OF COMPUTERS The City does not restrict the use of this equipment to its employees. The City encourages employees to use the computers. Employees may not claim hours worked at home. The City's only criterion is that the computers remain in the employee's residence during the term of the loan and be Windows 7XF' compatible. If the equipment is returned or sold before the end of the loan, the outstanding principal and any accrued interest to the next payroll date are due and payable. If the loan amount exceeds the paycheck, the repayment process described previously will be followed. EARLY DUE DATE OF LOAN The loan is for a two-year period unless the following events occur in which case the principal and interest is due to the next payday: • Sale of the Computer • Moving the computer from the residence ® Return of equipment to the vendor Page 4 of 6 Rev. July 20117/09 ATTACHMENT The attached form will be used to document the transaction. Page 5 of 6 I Rev. July 201 17i08 CITY OF LA QUINTA COMPUTER LOAN PROGRAM EMPLOYEE NAME (Please print) DATE: SUPPORTING DOCUMENTATION: SALES QUOTE $_ (Please attach all documentation) AMOUNT OF AUTHORIZED LOAN $ I have received and read the Computer Loan Policy of the City of La Quinta and hereby authorize the City to withhold the following amount from my paycheck for the number of pay periods indicated in the following table: Number of Pay Periods: (Please circle one) 26 IS or 52 ($ vice before the loan is re to__wfthhold any_remainingpri)cRal and .interest still due and owing _from r paycheck, and_ to pursue. other collection_ remedies in accordance with the provisions of the Computer Loan Policy, — Employee Signature Date: the Finance Director Signature_ Date: PLEASE RETURN TO THE HUMAN RESOURCES/RISK MANAGER Page 6 of 6 EXHIBIT 5 City of La Quinta 9/80 Alternate Work Week Schedule (AWWS) 1. Participation Participation in the 9/80 Alternate 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 5140 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: MON TUES WED THURS FRI Week 0 4 hrs (before noon) applies to week prior to Week 1 4 hrs after noon applies to Week 1 Week 1 8 hrs 8 hrs 8 hrs 8 hrs 4 hrs before noon applies to Week 1 4 hours after noon applies to Week 2 Week 2 8 hrs 8 hrs 8 hrs 8 hrs 4 hrs before noon applies to Week 2 4 hours (after noon) applies to Week 3 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 9180 Employee Example (Schedule A): MON TUES WED THURS FRI Week 0 4 hrs (before noon) applies to week prior to Week 1 4 hrs after noon 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 4 hrs before noon applies to Week 2 4 hours (after noon). applies to Week 3 9/80 Employee Example (Schedule B): MON TUES I WED THURS FRI Week 1 9 hrs 9 hrs 9 hrs 9 hrs 4 hrs before noon applies to Week 1 4 hours after noon applies tWeek 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 2 Lunch The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all employees on a 9/80 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 AWW8 and the RDO in the upper left hand corner (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 (9tb) 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 RDO: When a holiday falls on an employee's RDO, 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 (91h) 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). 8A.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 RDO. 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 RDO 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