The URL can be used to link to this page

2012-14 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, 2012, and shall remain in effect for two (2) years through and including June 30, 2014. SECTION 2: SALARY A. Fiscal Year 2012-13. The 2012/2013 Schedule of Salary Ranges (Schedule), reflects a two percent (2%) COLA over the previous schedule in effect on June 30, 2012. The Schedule, attached hereto as Exhibit 1 and by this reference made a part hereof, shall become effective on July 1, 2012, and shall remain in effect during the full term (July 1, 2012 through June 30, 2014) of this MOU. 201244 FINAL MOU - 6-26-12 -1 B. Fiscal. Year 2013-14. For Fiscal Year 2013-14, there shall be no changes to the Schedule set forth in Exhibit 1, which shall remain in effect until the expiration of this MOU. The Schedule reflects a zero percent (0%) COLA over the previous year. SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE: Effective January 1, 2013, the parties agree to reduce the existing healthcare cap by $100.00 per month, taking it from a maximum contribution by the City of $1,412.00 per month to a maximum contribution by the City of $1,312.00 per month. The parties further agree the reduced healthcare cap will not be the subject of a future meet and confer or "reopener" negotiations during the term of this MOU. A. Contributions. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The benefits, terms and conditions of coverage shall be governed by the formal plan, documents. B. Flexible Spending Plan. The City has implemented a Flexible Spending Plan through Total Administrative Services Corporation (TASC) for interested employees. The City has paid the initial one-time enrollment fee of $350.00 and will pay the $15.00 per employee enrollment fee for new employees who elect to join, 2012-14 FINAL MOU - 6-26-12 -2' and those employees who participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. 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 $10,000 during the term of this MOU at a maximum of $1,000 (or 10%) 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 10% 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 2012-14 FINAL MOU -6-26-12 -3- conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by City employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. City retains the right to reopen negotiations during the term of this MOU for the purpose of meeting and conferring on implementation of furlough days. 2012-14 FINAL MOU -6-26-12 -4- 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 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. 2012-14 FINAL MOU - 6-26-12 -5_ SECTION 10: SICK LEAVE. Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 11: CalPERS RETIREMENT A. Fiscal Year 2012-13. For purposes of the City's election to pay to the California Public Employees' Retirement System (CalPERS), effective July 1, 2012, the City shall pay on behalf of each full-time, regular employee, the required employer contribution, and I an amount equal to 50% of the required member contribution to CalPERS, not to exceed four percent (4%). B. Fiscal Year 2013-14. 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%). 2012-14 FINAL MOU - 6-26-12 -6- C. Public Employees' Retirement System (PERS) Retirement Formula for New Hires. Any employee hired on or after January 1, 2013 shall be subject to the following retirement formula with the retiree's annuity based on the average of the employee's three (3) highest paid consecutive years: Employees hired on or after January 1, 2013: 2% @ 60 The City will amend its contract with PERS to provide for the above 2% @ 60 retirement formula set forth in California Government Code Section 21363.1, to become effective January 1, 2013, or as soon as practicable thereafter D. Unused Sick Leave Election. Government Code Section 20965 and, the City's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" (Exhibit 2) 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 2012-14 FINAL MOU - 6-26-12' -7- 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. The City agrees to continue the Computer Purchase Program (Program) as set forth in the previous MOU, and to fund the Program in the amount of $17,500 for the term of this MOU at a maximum of $1,750 per employee. Any employee who has participated in the Program and has paid his/her loan in full may participate again if there is money available after those employees who have not previously participated have been funded. SECTION 13: ALTERNATE WORK WEEK SCHEDULE. The City and Association agree to continue the Alternate Work Week Schedule ("AWWS") as set forth in Exhibit 3, 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. A red -lined 2012-14 FINAL MOU - 6-26-12 -8- version of the changes to the Personnel Policies is provided as Exhibit 4. The sections containing modifications are as follows: a) Safety and Health - Section 1.55 b) Vehicle and Seat Belt Policy - Section 1.60 c) Interim Appointments - Section 3.25 d) Stay At Work Program - Section 7.31 e) Vacation Leave Transfer Program - Section 14.15.5, Subsections J,N,&R f) Sick Leave - Section 14.20 g) Administrative Leave - Section 14.30.3 h) Standby - Section 14.35.6 i) 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. 2012-14 FINAL MOU-6-26-12 _9 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 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. 2012-14 FINAL MOU -6-26-12 -10- This MOU is hereby executed by the parties hereto as set forth below. CITY OF LA QUINTA DATED: 7 • -5 2012 By: u., a C.7_ Don dol Mayor LA QUINTA CITY EMPLOYEES' ASSOCIATION BYHECTOR GUZMAN 1 0 By: DATED: G(�►�w %"� 2012 JACKIE MISURACA 2012-14 FINAL MOU - 6-26-12 -1 1- EXHIBIT 1 W ^M�AOD Y]MOAiDNNNrNrNMM�D COOMiDAWNCOQr NM�OmED Oi a7QO)O�000�YI LA Oi O�apAy OfpMANCOH �WQ�WrNMN�00i ...................... OIW OD�mOND amDmONM�OD COD �t7 l�D0 MaDNAN fn O��NMQhfp fDA OJOO�NMQtDAmWONMQtO ACDO�M M M M M M M M M M M M M Y Q Q Q Q Q Q Q Q h N h N N N N O f0 O W QOOM�WCD YIMOrNNN�rNrNMMNaDOMhrOINMQ NA.-NM�001 CO MfAQWO OO q 7 lD W CA W M M W O CD M AN F OMOty�DWm^mMN�m�WO�aOD aND00Oi0 Nl��l h OOD��NOtND aDN h CD OrfO� NMQOtO t0 Af0 OlO�NMQ�DA W OfONMQID ACDO N Cl th t7 rl�mMtrf CIM Ch MC1<00 V QQQRQ V7h�Cf�NN NtO a.NNNA�NM�O M Q Q O N M A m Y1 M O r N N N N A N r N M M N CD O M iD A W N D7 co T DfQ aI O 70007 Tpop of o� CyD 070 qq H UIODN�O�M�}}O00irNMtNV�W�mCOr00aODWONC'1hmO�f�00M f/1 rCD aD OAiO��NMQHtD �D ACD OIOe-Nt+1QfD raD O�ONMQtDr a d7 Lq M Q QGtDM O V- OI CD M O r1A NNNANrN M M l W O M1Ar ALDNNNA�NMe-q WCO OiW QOi0�000�-YJ [n �DI WCyyO Opp�O F-mN OIyy��AnNmN�C%aMD CG m W CND W OOI O N mm COD Ot�l tMO t1N P N r( MCD tD_tDWO��NMQYiNOaDWONMQfDAmWONMa W R N NNNNNMMMMMMMMMMMMQQQQQQQQQYI �D �D Y1 dLU O Q)�MQ QO�DM�mmYIMOAiDNNNrNrNMMYI aDOM NNNA�NM�OWlO WO1 QfA 0�-000�p��ppp��()AmWTOppy�}D H aOBONA pNp fODN WtODNmOO��NmQNtD u1 u�v. m �ormaom tOOra�D OMiO�NC�JYfOD�aMDAON N N N N N N N N M M M M M M M M M M M M Q Q Q Q Q Q Q Q Q iD Yf J W pp p OmNMQmmmtOMVQ<vVvv<vvNHHNu)uMihNmNfOD M M M M �I Wy a m NTWpp ONO1m.-rNrNOW OMmrWNmOMTd'N NV Omi.0 n<O hG�m_mN N W dmdmmm0� W H wONOJ mm W qIh �OOm� W d afAC>{tppO)NdmmONdrOdO)NNOO'-WTrmTN�O)NON Nttppmtp m m d O r d N O m m r r r O O N aa W m O m N O! m d N N N M m W O m O m N O W W r N tOtO tO t01�lz tO OJ WOJN O>Q)"iO)W0000'��N---'-dd-m-mmm a r OmNOlmd��-OmO�m�rNrNOW OMmrmNmOMW mmOmmr� mN W W Of Ml�tmpO).-MN�OOm� W d Nmdmduyy'1Nm0� � W NdOtd�tp ��rNaD m yWy yNy On<NOWmnn Wr OOiON prp aOD��OfNON TtO tOTNN��VaOD�NOJ Nttgci MdrO W Ot�MmmmONdmW�CJmmOMmWOM Coro to to torn r�rrrrma6m Wao of of of oi0000��'��t�pp'�"'�'�tt'pp d WOwWm rmM-MN-a0o ODO�NaMDO Orf<Nma000� -NNYOf hNwmrDmmW t-UmNrN�NOrYNOaOD�nNN0010N m O)N tNpGO�am O)rmWN�Of tAONO V Nm OMN w a.MfO�NN W �OaOD�NamDp mO�Md� W Or�Mmm W ONdmO)� vi to to ro to to ro tor�rr�ac aCW Wro ai ai of ai0000��""M'amvv' d O�NWdrOmNOt rrpp M—MN r N rNOm�NmYmVYN1 h OODO �Ih�AN mMrNWNpmp WmOtrmm�MN�00m�pp-mdmmtNtppOOrerpp-YQQ1MrmOfN�O>m0 CO n W V W W.d-m V W.N-(7 OfO'�mmOC'1 t0�"NW—Ow-p m r W O M d Y0')tmO OmDON lm0 Yml GD 1AN1NmmmmmmtOnrnnnmtri G(1m mlA Q)�1A000----------mmmv mrmNWdrOmNOm OmO7m�rNrNOmy OMmrWNttppO M01V' d 1-athrmOOMaDNrNOJ Oyyu O m M r N W m rppO W W 01 pNpOAmd NOWGNDn�WA TON yry OW dmO 5 w ZmV NNOW—vo OMM coMdmr W O�MdrO W m�Mmrp W ONdmO)�thm W N NNNN(G tD tC(Dm(ObArrrrt0 a0 aD of aO Oi (P OiTOOCO��'��"�� J H OmQmmmt$mmmmmrrrrrrrrrrmmmm W W fn Z a N M m m r W m O N M d m m r W m O N M m m r W W O N M m m r W m o rnrn �irnrnmmm� WWWWmmm m EXHIBIT 2 OF Tkh� 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:TORMS AND LETTERS\Forms-028-Unused Sick Leave Election Form Date Date EXHIBIT 3 City of La Quinta 9180 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 5/40 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 1 4 hrs (before noon) applies to week prior to Week 1 4 hrs after noon a2plies 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 9/80 Employee Example (Schedule A): MON TUES WED THURS I FRI Week 0 i 4 hrs (before noon) applies to week prior to Week 1 4 hrs after noon),applies to Week 1 Week 1 9 his 9 hrs 9 hrs 9 hrs 8 hour Regular Day Off Week 2 9tvs 9 his 9 hrs 9 his 4 his before noon applies to Week 2 4 hours (after noon) applies to Week 3 9/80 Employee Example (Schedule B): TUES WED THURS FRI Week 1 9 hrs 9 hrs 9 hrs 9 hrsll 4 hrs fore n applies to Week 1 4 hour(after n apolies, to Week 2 Week 2 9 hrs 9 his 9 hrs 9 hrsl 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 7. 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 AWWS 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 9180 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 (9th) 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 ROO, 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 (9t") 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). 8.4.2 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 ROO: An employee may occasionally be required to work overtime on their ROO. 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 ROO 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. 8.6.2 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 (ROO). 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 EXHIBIT 4 CITY OF LA QUINTA PERSONNEL POLICIES AND PROCEDURES Amended: November 2000 July 2003 January 2007 October 2007 April 2008 July 2009 June 2010 July 2011 July 2012 SECTION 1: GENERAL PROVISIONS - 6 --6- 1.05 PURPOSE - 6 --6-- 1.10 APPLICATION AND EXCEPTIONS - 6 --6-- 1.15 VALIDITY OF POLICIES (SEVERABILITY) - 7 T 1.20 VIOLATION OF POLICIES - 7 --7-- 1.25 DEFINITION OF TERMS - 7 ---7 1.30 NO CONTRACT OF EMPLOYMENT CREATED - 12 --42- 1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM - 12 --12- 1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER GRATUITIES - 13 -- 3 1.45 OUTSIDE EMPLOYMENT - 13 --13- 1.50 POLITICAL ACTIVITIES 14 1.55 SAFETY AND HEALTH - 15 -- 5 1.60 VEHICLE AND SEATBELT POLICY - 15 -15 - 1.65 DRUG AND ALCOHOL FREE WORKPLACE: - 16 --16- 1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT - 18 --i 8 1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE- 18 --i 8 1.80 EQUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT - 26 --26 1.85 WORKPLACE VIOLENCE 28 - 8 1.90 SMOKING POLICY 29 --29 1.95 DRESS CODE 29 1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS 29 1.97 FRAUD IN THE WORKPLACE POLICY 34 1.98 CELL PHONE USE POLICY 39 SECTION 2: CLASSIFICATION AND SALARY PLAN. 424- 2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN 42-1 2.10 ALLOCATED POSITIONS 4247 2.15 NEW POSITIONS 424 2.20 CLASSIFICATION SPECIFICATIONS 42-1 2.25 PREPARATION AND ADOPTION OF SALARY PLAN 421 2.30 APPROPRIATE SALARY STEP 42} 2.35 BENEFIT PLAN 434- SECTION 3: TYPES OF APPOINTMENTS 442 3.05 TYPES OF APPOINTMENTS 442 3.10 PROBATIONARY APPOINTMENTS 442 3.15 FULL-TIME APPOINTMENT 442 3.20 EMERGENCY APPOINTMENTS 442 3.25 INTERIM APPOINTMENTS 453 3.30 WORKING OUT OF CLASS 453 2 3.35 TRANSFER 4744 3.40 PROMOTION 4745 3.45 DEMOTION 4846 3.50 RECLASSIFICATION 4846 3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL 4947 SECTION 4: RECRUITMENT AND SELECTION 530 4.05 EQUAL EMPLOYMENT GOALS AND POLICIES 530 4.10 PERSONNEL REQUESTS 530 4.15 JOB ANNOUNCEMENTS 530 4.20 PERSONNEL APPLICATIONS 530 4.25 DISQUALIFICATION OF APPLICATIONS 544- 4.30 RECRUITMENT 544- 4.35 EVALUATION OF APPLICATIONS 552 4.40 CANDIDATES' EXAMINATION INSPECTION 5653 4.45 NEPOTISM POLICY 56,53 4.50 DRIVING SAFETY CHECK 5855 4.55 ELIGIBILITY LISTS 58�5 4.60 FINAL DECISIONS OF SELECTION 5956 4.65 PRE -EMPLOYMENT PHYSICAL 5956 4.70 EMPLOYMENT ELIGIBILITY VERIFICATION 6032 4.75 PROBATIONARY PERIOD 6037 4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT 605- 4.85 RESIGNATION 6057 SECTION 5: COMPENSATION AND EVALUATION 6159 5.05 SALARY AT APPOINTMENT 6158 5.10 EMPLOYEE PERFORMANCE EVALUATION 6159 5.15 PROGRESSION ON MERIT STEPS 6259 5.20 SALARY ANNIVERSARY DATE 6259 5.25 BILINGUAL COMPENSATION 630 SECTION 6: ATTENDANCE AND HOURS OF WORK 644- 6.05 WORK WEEK AND OVERTIME 643 6.10 NO GUARANTEE OF HOURS 644- 6.15 STAND-BY AND CALL-BACK POLICY 652 6.20 TIME SHEETS 652 6.25 ABANDONMENT OF EMPLOYMENT 652 6.30 LUNCH AND BREAK POLICY 652 SECTION 7: LEAVES 6663 7.05 JURY DUTY AND WITNESS LEAVE 6663 7.10 PREGNANCY DISABILITY LEAVE 6663 -3- 7.15 MILITARY LEAVE 6467 7.20 LEAVE OF ABSENCE WITHOUT PAY 6966 7.25 FAMILY AND MEDICAL LEAVE 6966 7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE 7672 7.31 STAY AT WORK PROGRAM 78 7.35 DISABILITY LEAVE 827-5 SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES 847-7 8.05 GROUNDS FOR DISCIPLINARY ACTION 8477 SECTION 9: DISCIPLINARY ACTIONS 8790 9.05 DEFINITION OF DISCIPLINARY ACTION 8790 9.10INFORMAL DISCUSSION 8780 9.15 FORMAL WARNING 8790 9.20 WRITTEN REPRIMAND 8780 9.25 DISCIPLINARY SUSPENSION 8790 9.30 REDUCTION IN PAY 8884 9.35 DEMOTION 8884 9.40 DISCHARGE 8884 9.45 DOCUMENTATION OF DISCIPLINARY ACTION 8884 SECTION 10: DISCIPLINARY PROCEDURES 8982 10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY 8992 10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE 8982 10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION 9083 10.20 AMENDED NOTICE OF DISCIPLINARY ACTION 9083 SECTION 11: APPEAL HEARING PROCESS 9184 11.05 HEARING OFFICER 9184 11.10 REQUEST FOR APPEAL 9194 11.15 ANSWER 9194 11.20 TIME FOR HEARING 9194 11.25 NOTICE OF HEARING 9194 11.30 PRE -HEARING MEETING 9295 11.35 WITNESS LIST AND SUBPOENAS 929-5 11.40 NATURE OF HEARING 92" 11.45 EXCLUSION OF WITNESSES 9396 11.50 PROPOSED FINDINGS OF FACT 9396 11.55 OFFICIAL/JUDICIAL NOTICE 9386 11.60 ORDER OF PROOF AT HEARING 9396 11.65 FINDINGS OF FACT & RECOMMENDATIONS TO THE CITY MANAGER 9396 11.70 DISPOSITION OF APPEAL 9396 11.75 BURDEN OF PROOF 9497 13 11.80 WITHDRAWAL OF AN APPEAL 9487 SECTION 12: GRIEVANCES 9599 12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES 9588 12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES 9599 12.15 FREEDOM FROM REPRISAL 9699 12.20 RESOLUTION 9689 12.25 WITHDRAWAL 9699 12.30 RESUBMISSION 9699 12.35 EMPLOYEE REPRESENTATION 9689 12.40 OBEY NOW/GRIEVE LATER 9699 12.45 INITIATION OF GRIEVANCE PROCEDURES 8996 12.50 INFORMAL GRIEVANCE PROCEDURE 9689 12.55 FORMAL GRIEVANCE PROCEDURE 9790 SECTION 13: EMPLOYEE RECORDS AND FILES 9892 13.05 PERSONNEL FILES 9892 13.10 DOCUMENTS IN PERSONNEL FILES 9892 13.15 DISCLOSURE OF INFORMATION 9892 13.20 CHANGE IN STATUS 9993 13.25 APPLICATION RETENTION 9993 13.30 DESTRUCTION OF PERSONNEL RECORDS 9993 SECTION 14: EMPLOYEE BENEFIT PLAN 10094 14.05 HEALTH BENEFITS 10094 14.10 HOLIDAYS 10094 14.15 VACATION LEAVE 10195 14.20 SICK LEAVE 10599 14.21 KIN CARE LEAVE 1080+ 14.25 BEREAVEMENT LEAVE 10802 14.30 ADMINISTRATIVE LEAVE 10802 14.35 OVERTIME COMPENSATION 11003 SECTION 15: TRAINING AND TRAVEL 11205 15.05 TRAINING 11205 15.10 IN-HOUSE TRAINING 11205 15.15 DEPARTMENT TRAINING 11205 15.20 SEMINARS AND CONFERENCES 11205 15.25 TUITION REIMBURSEMENT 11205 15.30 TRAINING AND TRAVEL REIMBURSEMENT 11306 15.31 TRAVEL AND EXPENSE POLICY 11407 INS (Last Update July, 20124-) SECTION 1: GENERAL PROVISIONS 1.05 PURPOSE: The purpose of these Policies and Procedures is to establish systematic and uniform procedures for handling personnel matters. 1.10 APPLICATION AND EXCEPTIONS: 1.10.1 These Policies shall apply to all offices, positions, and employments in the service of the City, as defined in Section 1.25 of these Policies, with the exception of the following: A. Members of the City Council and other elected officials (except for Sections 2.35 and 14.05.) B. Members of commissions and advisory bodies appointed by the City Council or City Manager. C. Direct appointees of the City Council, including the City Manager and City Attorney. A regular employee who also holds the position of City Treasurer shall not be excluded from the Policies, unless the employee has entered into an employment agreement pursuant to sub -section "F" herein. D. Volunteer personnel who provide services to the City without receiving compensation (although such persons may receive reimbursement for actual expenses incurred in the service of the City). E. Outside and independent contractors, engaged to provide expert, professional, technical or other services. F. Regular employees who have entered into a written employment agreement with the City, unless otherwise specified in the employment agreement. 1.10.2 These Policies, with the exception of Sections 8 through 12 inclusive, shall apply to the following employees, who serve at the pleasure of their respective appointing authorities and are considered "at will" employees: A. Emergency employees, such as those hired to meet immediate needs of an emergency condition (i.e. fire, flood, or earthquake) which threatens life or property. B. Employees who are considered temporary or seasonal. C. Other non -career employees who are not specifically mentioned in Section 1:10.1 of these Personnel Policies. D. Probationary Employees. 511 1.15 VALIDITY OF POLICIES (SEVERABILITY): If any section, subsection, sentence, clause, phrase or portion of these Policies is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these Policies. The City Council of La Quinta hereby declares that it would have adopted these Policies and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional. 1.20 VIOLATION OF POLICIES: Violation of these Policies may be grounds of discharge or other disciplinary action, subject to the applicable appeals procedure provided herein. 1.25 DEFINITION OF TERMS: All words and terms used in these Policies and in any ordinance or any resolution dealing with Personnel Policies and Regulations shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, the following words and terms most commonly used are defined. 1.25.1 Appointing Authority: The Employee Relations Officer or designee who, in his or her official capacity, has the final authority to appoint a person to a position of employment. 1.25.2 Appointment: The designation of a person to fill a position of employment. 1.25.3 At -Will Employee: A temporary, probationary or contract employee who has a written contract specifying the duties and terms of employment without a definite ending date. At -will employees are not governed by the terms and conditions of Sections 8-12 of these Policies, unless specifically provided herein. 1.25.4 Call - Back: When an employee is off -duty and is called back to work. 1.25.5 City: The City of La Quinta. 1.25.6 City Manager: The City's Chief Executive Officer. 1.25.7 Classification: A grouping of job positions with the same or similar title, salary range, and benefit package. 1.25.8 Classification Plan: A listing of job duties and responsibilities of City positions, as recommended by the Employee Relations Officer and adopted by the City Council. 1.25.9 Compensatory Time: Time accrued at time and a half or taken off from work with pay, in lieu of paid overtime compensation. 1.25.10 Competitive Service: The employment system whereby City Employees are hired and promoted through a competitive process based upon objective standards of merit to assure fair consideration all aspects of employment/promotion. 1.25.11 Confidential Employee: An employee performing the duties of a position which is designated as confidential by the City Council or designee. Rev. 6-26-1242-i-1-4 1 - 7 - 1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws, Policies, and regulations, as follows: —.—All e�' " r " adhere to and follow the guidelines of the Safety Manual (a copy of which is available on the City's Human Resources Intranet on the H:Drive), all safety practices, use personal protective equipment as required and provided by the City, render every possible aid to safe operations, and report to the supervisor, department director or Ssafety Ceommittee all unsafe conditions or practices. Employees with questions about safety methods or practices should check with their supervisor. 1.60 VEHICLE AND SEATBELT POLICY: City and Association agree that the trve remaining of the thfee (3)-individuals employed by City as Building Inspectors in 1998 shall receive a car allowance equal to the then allowable IRS standard mileage rate paid for a total of 1000 miles per month, so long as hethey remains continuously employed in that position. In the event that the IRS changes the allowable standard mileage rate, the monthly allowance shall be adjusted up or down accordingly on the first day of the next month. The City reserves the right to adjust the miles per month upward or downward in the event inspections increase or decrease significantly in the future. Any individual hired as a replacement for the individual employed as Building Inspector in 1998 one of the euffent Building Tnspeetors shall not receive a car allowance but will be eligible to use a City pool vehicle. If required to use a personal vehicle, an employee shall be reimbursed at the then current IRS rate. All employees who are currently assigned a City vehicle for their job duties will continue to be provided access to a vehicle for the current fiscal year. In addition, a vehicle pool will be available for use by employees to conduct City business. Pool vehicles will be made available on a first -come, first -served basis. The pool will be administered by the Finance Department. An employee must check with the Finance Department prior to using his/her own vehicle on City business. If there is no pool vehicle available, and the employee cannot wait for one to become available, the employee may use his/her personal vehicle and be reimbursed at the current rate. Effective November 1, 2000, Foremen will no longer take City vehicles home on a daily basis. Instead, Foremen are authorized to take a City vehicle home when on scheduled standby. When on scheduled standby, Foremen shall be paid standby pay pursuant to Section 14.35.6. City shall make City pool vehicles available on a priority basis for those employees who are required to travel off paved roads on City business. If a pool vehicle is not available, and the employee must use his/her personal vehicle to travel off paved roads, the employee shall not be required to travel off paved roads if he/she reasonably believes that to do so would cause damage (other than normal wear and tear) to the vehicle. The employee shall inform his/her supervisor of such concerns, and the supervisor shall give alternate instructions. Employees required to use their own vehicle for City business and who receive either a monthly allowance or mileage reimbursement therefore are required to provide proof of a valid California drivers' license and of vehicle insurance for both liability and property damage. The City requires a copy of the drivers' license at the time of hire and at the time of each required renewal. Human Resources maintains these records and is responsible for notifying employees when their license needs to be renewed. Rev. 6-26-1242-1-11 - 15 - 3.25 INTERIM APPOINTMENTS: If deemed to be in the best interests of the City, the Employee Relations Officer may authorize and approve an interim appointment in order to fill either a temporary (i:e. a maternity or military leave) or regular (i.e. an employee's resignation or termination) vacancy. If the position being filled on an interim basis would normally require City Council approval '(i.e. City Manager), the City Council shall authorize the interim appointment. An interim appointment may be authorized for a period not to exceed six (6) months from the date of that appointment. The Employee Relations Officer may authorize an additional (6) months extension for an interim appointment. All interim employees must meet the minimum qualifications of the vacant position. A regular employee may be assigned to another interim classification which is equal to or higher than the employee's regular classification. During the interim appointment period, the employee will be assigned the title of the interim classification, in a step that is at least five per cent (5%) higher than the current salary of the employee's regular classification, for the duration of the interim appointment if the interim classification is a higher grade. A regular employee assigned to an interim classification which is not represented by the La Ouinta City Employees' Association will have their membership suspended during the term of the interim appointment. While serving in an interim capacity, a regular employee shall receive any benefits of the interim classification which are over and above the employee's regular benefits. If an employee receiving overtime benefits is assigned to an interim classification which does not receive overtime benefits, the employee shall not receive overtime pay for the duration of the interim period. The employee shall receive the prorated Administrative Leave benefits of the interim classification. A regular employee, in an interim classification, shall continue to accrue seniority in their regular classification and shall be eligible to receive merit increases in the regular position. An interim employee who is not currently a City employee shall be compensated as outlined in a written employment contract. If an interim employee is appointed to the position which the employee has been filling on an interim basis, any time worked in the interim position may be applied towards fulfilling the required probationary period. Interim appointments shall not be construed to create or imply any right in any employee to be permanently appointed to the job classification position that the employee is filling on an interim basis. At the expiration of any interim appointment, the employee shall return to the employee's regular job classification and shall also return to the rate of pay which corresponds to the regular classification as if the employee never left the classification. This section shall not be construed to prohibit the employment by contract of a person or entity to provide services to the City of an interim, indefinite, or other basis. 3.30 "WORKING OUT OF CLASS": When an employee is assigned to significant duties and responsibilities of an authorized job classification with a higher salary range on a full-time basis Rev. 6-26-1242-4-41 - 45 - The employee or Department Director may submit a request for a job audit to the Employee Relations Officer who shall determine if the reclassification is justified and provide a recommendation to the City Manager for approval. Reclassification shall riot be used for the purpose of avoiding restrictions concerning demotions, promotions, or unit (modifications. The Employee Relations Officer may conduct objective, noncompetitive examinations to establish qualifications for the position. The salary of an employee in a position that is reclassified shall be determined as follows: 3.50.1 Classification with Same Salary Range: If the position is reclassified to a classification with the same salary range as the previous classification, and if the incumbent is appointed to the reclassified post, the salary rate and the salary anniversary date of the employee shall not change. The provision shall also apply to the change of classification title, provided there is no change in the basic duties of the classification. 3.50.2 Classification with Hieher Salary Range: If the position is reclassified to a classification with a higher salary range than the previous classification, and if the incumbent is appointed to the reclassified position, the employee shall be compensated at the Step in the new salary range which comes nearest to, but is not lower than, the Step the employee held in the previous salary range. The incumbent's salary anniversary date shall not change. 3.50.3 Classification with Lower Salary Range: If the position is reclassified to a classification with a lower salary range than the previous classification, and if the incumbent is appointed to the reclassified position, the Employee Relations Officer may approve a Y-rate salary for the employee if the employee is at the top Step. Otherwise, the employee's new salary at the lower grade shall be placed at a Step which yields a salary closest to, but, not less than, the current salary. The incumbent's salary anniversary date shall not change. Benefits may be Y-rated, as specifically approved by the Employee Relations Officer. The effective date of reclassification shall coincide with the first working day of a pay period after the reclassification is approved by the Employee Relations Officer and the new classification is adopted by City Council, if necessary. 3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL: Subject to City Council approval, the Employee Relations Officer may lay off permanent and probationary workers at any time based upon: 1) lack of work; 2) budgetary reasons; 3) elimination of programs; or 4) elimination of services. At least two (2) weeks written notice shall be given to any employee who is to be laid off. If less than two;. nRtipeweeks' notice is provided, the employee will be paid for the difference between the date of layoff and two weeks. At the sole discretion of the Employee Relations Officer, a demotion or transfer to another department or classification may be made to prevent a layoff, provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification. The Department Directors, in consultation with the Employee Relations Officer, and as approved by the City Manager, will effect the layoffs. Rev. 6-26-1212-1-U 1 - 49 - Reduction in Force (RIF), When it becomes necessary to reduce the work force in the City, the Employee Relations Officer shall designate the job classification, division, department, or other organizational unit in order to effect a reduction in the work force. Contract, temporary, part- time, seasonal, or probationary employees in the same job classification as ones proposed to be reduced within the City shall be laid off first. Although the Employee Relations Officer may elect to do so, he/she is not required to allow laid off employees to "bump" employees in other classifications unless the employee has previously successfully held a position in another classification, in which case the laid off employee would be considered for layoff, if any, from the previously held classification, along with others in that classification, in accordance with the "Order of Layoff' set forth below. Probationary promotional employees who are laid off shall, if applicable, be returned to their former classification: Employees who accept lower positions or transfers in lieu of layoff shall be placed at a salary range and step which yields a salary closest to existing salary at the time of the giving of notice of layoff. Order of Layoff: The order of layoff of regular employees shall be made in accordance with a system which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The two most recent performance evaluation records as finalized and/or filed in Human Resources, except when an employee has less than two years of service with the City. In that case, only one performance evaluation will be used. B. Documents of disciplinary actions during the preceding twenty-four (24) months. C. Seniority (length of service in a career position) a. in the City; and b. in the classification; and c. in the department. Other exceptional circumstances to deviate from this policy may include the desirability of maintaining a department or work unit with adequate staffing to perform required service, and maintaining employees in the classification, department or section who have demonstrated the ability to perform work available. Seniority: Seniority is determined from the day of official appointment to a City department as a regular employee, provided that any regular employee who, as a result of promotion, transfer or voluntary demotion, is appointed to a regular position in another department shall, for purposes of layoff, carry seniority previously acquired over to the new department. Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding two (2) years, any authorized leave of absence of less than three (3) months, or any call to military service for the duration of the call to duty. Seniority shall not accrue during any other break in continuous service, unless required by law. i Rev. 6-26-1212-4-11 - $0 - policy shall not be a (negative reflection on any employee, but rather as a way to more accurately monitor employee performance. Workers' Compensation Leave and benefits, as appropriate under State law, shall be granted to an employee upon acceptance of the claim by the claims administrator, and with physician's certification of "temporary disability" status, and the employee's inability to perform regular or modified duties. N claim denied by the claims administrator, a written statement from the treating physician indicating that the employee's condition is permanent and stationary or has reached maximum medical improvement, or separation from City service shall terminate an employee's eligibility for Workers' Compensation Leave and any applicable benefits from the City for that particular injury or illness. The employee may be eligible for other benefits under workers' compensation law. The City maintains its right to require that an employee provide regular physician's certification of work status, and see a City -designated physician on a periodic basis to determine the employee's disability status. If an employee is given work restrictions by the physician, the City will initiate an accommodation review to determine if the employee is able to return to work with or without reasonable accommodation. The City also maintains its right to require an employee to return to work on a "limited duty" status, provided that the employee has received authorization from the City -designated physician as well as from the Employee Relations Officer and the Department Director. Such "limited duty" status must be of a temporary nature, does not have to be in the same position or department, and is subject to Employee Relations Officer approval. Additional information concerning Workers' Compensation Leave or benefits may be obtained by contacting the Employee Relations Officer. 7.31 STAY AT WORK PROGRAM. 7.31.1 PURPOSE discrimination and harassment of injured employees. The purpose of the Stay at Work (SAW) Program is to facilitate the continued productivity of duties. Rev. 6-26-1242 1 11 - 7g - 7.31.2 RESPONSIBILITY administrator. The SAW Coordinator will work with the employee and his/her resume his/her usual and customary duties. treating physician. 2. Failure to contact the SAW Coordinator may result in disciplinary action. claims administrator that the employee is not working, 7.31.3 PROCEDURES that are within the work restrictions. B. Employee Placed On SAW By A Treating Physician: 1. An employee placed on work restrictions by their treating physician is required to supply the SAW Coordinator with a work release noting the restrictions 2.1 The employee and his/her supervisor will meet to discuss the SAW duties. The supervisor will notify the SAW Coordinator of the meeting, and the SAW 4. The City of La Ouinta has established a maximum time frame of ninety (90) calendar days for employee participation in a SAW program. Rev. 6-26-1242444 - 79 - department will notify the SAW Coordinator immediately, and specify the reasons why accommodation is not possible. 2. The SAW Coordinator will: i. Check file for previously submitted SAW assignment forms (if any). ii. Contact other departments for possible SAW assignments based upon the employee's restrictions. iii. Instruct the employee where to report if an assignment in another department is located. (May be delegated to the employee's supervisor.) D. Unavailable Transitional Assignments: compensation leave policy, until released to return to work without restrictions. released E. Intermittent Assignment: 1. If an employee completes a SAW duty assignment and there is no additional SAW duty assignment available, then the employee is covered by the conditions of the reached maximum medical improvement or permanent and stationary status. F. Timesheet Procedures: 1. SAW duty shall be denoted as "Regular" time on the employee's timesheet. Americans with Disability Act of 1990 (Public Law 101-336) Americans with Disabilities Act Amendments Act of 2008 (Public Law 110-325) Fair Employment and Housing Act Rev. 6-26-1242-t 1-4 - 80 - EXHIBIT A CITY OF LA QUINTA MODIFIED DUTY WORK ASSIGNMENT Goal: To reduce costs associated with lost -time occupational injuries. Method: Return employees with occupational injuries who are temporarily precluded from performing the essential functions of their normal and customary duties back to work in a transitional assignment. TRANSITIONAL MODIFIED DUTY ASSIGNMENTS (Generic Description) Time Period: (from to ) Department Section Contact Phone No. A) Duties: B) Location. D) Supervisor:i E) Physical Requirements of tasks: Please return to the Human Resources/General Services Manager Rev. 6-26-12424 14 - 8l - of a request to participate in the VLTP will be resolved by the City Manager. The decision of the City Manager shall be final, not grievable and not subject to further appeal. C. The ERO shall manage all aspects of the VLTP. D. If a request for donated vacation leave or comp time is approved by the ERO, a notice will be posted informing City employees of the particular employee in need of donation assistance through the VLTP. E. Any employee wishing to contribute vacation leave or comp time must sign an authorization form specifying the employee to which the donation will be made and acknowledging that the donation is irrevocable. F. The application rate of an employee's vacation leave or comp time donation will be on an hour -for -hour basis with no adjustment for dollar value. G. All donations will be voluntary and confidential. H. Except for the notice and memorandum notifying employees of a specific employee's sick leave need, no City employee may solicit donations from any other employee. (General discussion of voluntary donation versus solicitation at La Quinta City Employees' Association meetings is exempted.) I. No supervisor shall make work -place decisions based on any employee's participation or non -participation in the VLTP. J. The City Finance Department (Finance) will set up a trust account for all approved employee ;vacation leave or compensatory time donation request in the requesting employee's name, into which each donating employee's vacation leave or comp time will be noted, and used as neededph-teed. K. Employees on VLTP shall be paid at regularly scheduled City pay periods from the trust account Finance establishes. The amount of payment shall be the total monetary amount of vacation leave or compensatory time donated up to a maximum of 100% of employee's regular pay,. less: (1) any disability benefit offered through the City, Worker's Compensation Benefit, or Medicare amounts the employee is receiving during the pay period, and (2) regular taxes., L. Per the Federal Family Medical Leave Act (FMLA), group health insurance coverage and other negotiated benefits must be provided to all employees while on the VLTP, as long as the employee's total FMLA and VLTP time does not exceed twelve (12) working weeks. Thereafter, if the employee is not on paid status by virtue of continuing to utilize at least half (50%) of the hours needed per pay period to receive a full paycheck through the use of their accrued sick leave, vacation, compensatory time -off, administrative leave allowances, or leave donated under this Section 14.15.5, the employee will be required to personally fund this benefit if the employee wishes to retain it. If the employee uses less than 50% of the hours needed per pay period to receive a full paycheck through the use of their accruals, the employee will be Rev. 6-26-1212 1 1-1 - 104 - required to personally fund their medical premium payments if the employee wishes to retain group health insurance coverage. M. Attendance and Payroll records of employees on VLTP shall denote a "DL," standing for Donated Leave, for time paid to employee while on this program. N. No sick leave, vacation leave, holiday credits, administrative leave, compensatory time, deferred compensation, PERS or any other applicable benefits shall accrue to receiving employee for any hours provided byte donee through the VLTP. O. Vacation leave donations or compensatory time shall in no way affect or modify the receiving employee's employment status with the City, nor shall it affect or modify the application of applicable City policies, rules and ordinances. P. Employees on VLTP who remain on an authorized unpaid leave of absence after FMLA is exhausted may continue to receive assigned donated vacation leave and compensatory time from other regular City employees until the employee returns to work, is terminated, or meets the maximum hours under Section U, below. Q. Availability of donated vacation leave or compensatory time shall in no way delay or prevent the City from taking action to medically separate or disability -retire an employee. R. Donated but unused vacation and compensatory time shall "expire" be ereditea back to the ,.r4gi.,..' a�-�e once the requesting employee returns to work on a full-time basis. �� q g longer needed- S. The recipient employees must be unable to work in any capacity as a result of a serious injury or illness to the employee or a member of their immediate family in order to be eligible to receive donations under the VLTP. T. The total amount of hours donated to any individual shall not exceed two hundred forty (240) hours in any calendar year. U. Only the recipient employees for whom the VLTP has been established may receive donated hours from said plan. Such donated hours will be added to the employee's sick leave balance, as needed. V. The plan will be administered so that hours will be used only as needed and in the order donated. 1420 SICK LEAVE: Sick Leave shall be allowed only in case of necessity and actual sickness or disability of the employee and employee's dependents (as "dependent" is defined in Section 1.25.15.1 of these Personnel Policies). Sick Leave is not an earned right to time off from work. If an employee is to be absent from work due to illness or other allowable reason, the employee must notify the Supervisor by telephone within the first half hour of normal reporting time, or earlier if possible. Rev. 6-26-1212 1 41 - 105 - An employee's preventative medical and dental appointments (within reason) and dependent care ("dependent" is defined in Section 1.25.15.1 of these Personnel Policies) are acceptable uses of sick leave. The City's policy for Sick Leave accrual and "buy-back" is as follows: 14.20.1 Use of Sick Leave: Sick Leave shall be used for illness, off -duty, non -work connected injury, physical examination, including eye examinations, dentist appointments, or other commonly accepted health related matters. 14.20.2 Eligibility: All full-time regular employees are eligible for Sick Leave after completing three (3) months of service. At which time sick leave, in an amount which would have been earned during the first three (3) months period, will be credited to the employee's Leave Account in a lump sum and is available for use. 14.20.3 Number of Hours Sick Leave Allowed: The employees shall be credited with eight (8) hours per month of work, or major fraction thereof. l 14.20.4 Excessive Absenteeism or Tardiness: An employee may be disciplined for approved leaves of absence). b. ' Improper Use of Sick Leave: Evidence substantiating any improper use of sick leave, use of such leave for anything other than a bona fide reason, or any violation of the rules herein shall be considered grounds for disciplinary action, up to and including termination. d. Pattern Abuse: Consistent periods of sick leave usage, for example: ii. Any one specific day. iii. Half days. IN. Continued pattern of maintaining zero or near zero sick leave balances. Rev. 6-26-1212 1-11 1 - 106 - I V. Excessive absenteeism - use of more sick leave than accrued or granted. 14.20.64 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 the last pay period in November 30-in any calendar year employee shall be reimbursed for the number of Sick Leave days that would have been 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 fors accrued and unused sick leave above 240 hours up to 480 hours once every year. The sick time pay back will be issued as a separate check in December. C. City agrees to provide short-term disability insurance coverage. The actual terms and benefits of the City's Disability Leave are governed by the disability insurance program in effect at the time the disability leave is requested. 14.20.75 Filing Statement of Cause: An employee who is absent because of illness may be required to file a written statement describing the illness or reason for absence, which then must be approved by the Employee Relations Officer. If an absence because of illness or disability extends beyond three (3) consecutive work days, the employee may be required to file a statement from the employee's physician. 14.20.86 Effect of Absence on Sick Leave: Absence due to Sick Leave or other approved Leave of Absence will not affect computations for sick leave unless such absences exceed one (1) month, in which case that month, or more, shall be excluded from computation. 14.20.9-7 Temporary and Seasonal Employees shall not accrue paid sick leave, but may take leave without pay as approved by their Supervisors. 14.20.109 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 14.20.64. Rev. 6-26-1212-1-111 - 107 - 14.30.1 Executive Management: The following positions shall receive eighty (80) hours (10 days) of Administrative Leave per calendar year: Building & Safety Director City Clerk City Manager Planning Director Finance Director/Treasurer Community Services Director Public Works Director/City Engineer If any of the above positions have a written employment contract with the City, administrative leave will be negotiated on a case by case basis, and the eighty (80) hours (ten days) shall not apply. 14.30.2 Professional/Administrative/Management Employees: The following positions shall receive forty (40) hours (5 days) of Administrative Leave per calendar year: Accounting Manager Associate Engineer Community Safety Manager Economic Development/Housing Manager Golf & Parks Landscape Manager Maintenance Manager Management Analyst (2) Management Assistant (23) Marketing/Economic Development Manager Human Resources/General Services Manager Planning Manager Principal ,Planner (2) Principal Engineer (2) Public Works Inspection Supervisor 14.30.3 Accrual and Use: Upon hire employees are credited a prorated amount of Administrative Leave upon appointment. The prorated fall -amount of Administrative Leave to be accrued for the calendar year may be used at any time during the year subject to the Supervisor's approval. Upon hire, employees are credited the full amount of Adfflifiistrati�ve heave upon Administrative Leave is available for use by probationary employees, at the discretion of the Department Director. If an employee terminates, the employee will only be paid for the prorated Administrative Leave earned to the date of termination. If the employee who terminates has not earned enough prorated Administrative Leave to cover Administrative Leave used prior to termination, the remaining balance due shall be subtracted from any Vacation or Sick Leave buy out, or earned salary that the employee may be due upon termination. Rev. 6-26-12424 44 1 - 109 - be subject to call b telephone or other approved methods. Standby assignments Y P PP y ss gnments shall be scheduled in advance by the appropriate Department Director, and shall be automatically forfeited if the employee is unavailable or unfit when called for duty. Employees working standby assignments'shall be paid twenty-five dollars ($25.00) per work day, and sixtytkifo� dollars ($6033.00) per holiday. In addition to the standby pay, an employee called for standby work shall be compensated at time and one-half, either with pay or compensatory time at the employee's discretion, from the time the employee enters the City limits until he/she leaves the City limits. All employees placed on standby must be able to reach the City limits within thirty (30) minutes under normal driving conditions. Rev. 6-26-1232-1-11 order to be reimbursed. If an employee has followed the foregoing requirements for reimbursement and, i 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 started 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. In general, training time during working hours shall be considered part of the job. Unless the City directs an employee to attend a specific training course and the course is not available during work hours, training after hours shall be considered voluntary and no additional pay, overtime, or compensatory time shall be given by the City unless advance special written approval is granted. Study time shall be considered completely voluntary. There is no. mileage reimbursement for travel to and from educational classes. 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. No one employee may receive more than 106% of the total annual budgeted money available for tuition reimbursement. 1530 TRAINING AND TRAVEL REIMBURSEMENT: In accordance with the Fair Labor Standards Act (F.L.S.A.), employees who are not exempt shall receive. training and travel reimbursement as provided in this Section. Time spent in attending lectures, meetings, training programs and similar activities during work time shall be counted as time worked only if authorized in advance and in writing by the employee's Department Director. No such authorization shall be given unless the lecture, meeting, program, or other activity is directly related to improving the employee's ability to perform his/her job. Time spent in attending lectures, meetings, training programs and similar activities shall not be counted as time worked where such attendance is outside of the employee's regular working hours, except in situations where the employee is directed by the employee's Department Director to attend such lecture, meeting, training program or similar activity. Leisure and meal times are not considered time worked unless they are part of the seminar. Time spent by an employee traveling between the employee's residence and the regular work place is not work time and shall not be treated as hours worked. When an employee is assigned by the employee's Department Director to travel outside of the City, times spent traveling between the employee's home and assigned destination shall be treated as time worked only to the extent that it exceeds the amount of time normally taken by the employee to travel between the employee's residence and regular work place. Rev. 6-26-1212-1-1-1 - 113 - LQCEA Represented Positions: Account Clerk Account Clerk, Senior Account Technician Account Technician, Senior Animal Control /Code Comp. Officer I Animal Control Officer II Assistant Engineer I Assistant Engineer 11 Associate Engineer Building Inspector I Building Inspector II Code Compliance Officer I Code Compliance Officer II Code Compliance Officer, Senior Counter Technician Deputy City Clerk Facilities Maintenance Coordinator Facilities Maintenance Worker Financial Services Assistant Maintenance Foreman Maintenance Worker I Maintenance Worker II Office Assistant Office Assistant - Senior Center Planner, Assistant Planner, Associate Plans Examiner/Inspection Supervisor Public Works Inspector I Public Works Inspector II Recreation Activities Coordinator Recreation Supervisor Secretary Secretary, Executive Secretary, Senior Traffic Signal Technician Rev. 6-26-12 Management/Contract Management/Confidential Positions: Accounting Manager Building & Safety Director City Clerk City Manager Community Safety Manager Community Services Director Economic Development/Housing Manager Emergency Services Coordinator Executive Assistant Executive Office Assistant Finance Director Golf/Park Landscape Manager Human Resources/General Services Manager Information Services Analyst Maintenance Manager Management Analyst Management Assistant Marketing/Economic Development Manager Planning Director Planning Manager Principal Engineer Principal Planner Public Works Director Public Works Inspection Supervisor By signing below, both parties agree this list is conclusive and correct, to the best of their knowledge.. La Quinta City Employees' Association By: Date: _ 37A21, %/ti17i Hector Guzman City of La Quinta Date: J&it,& oZ 7 02 fJ Rev. 6-26-12