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CC Resolution 2021-022 LQCEA MOU RESOLUTION NO. 2021 - 022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION COMMENCING ON JULY 1, 2021, AND TERMINATING JUNE 30, 2022 WHEREAS, the City of La Quinta (City) and the La Quinta Employees’ Association (Association), the recognized organization representing its members, have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, on June 19, 2018, the City Council adopted Resolution No. 2018-034 approving the current Memorandum of Understanding (MOU) between the City and LQCEA, executed on July 1, 2018, expires June 30, 2021; and WHEREAS, the City and the Association have negotiated a MOU for a 12-month period commencing July 1, 2021, and terminating June 30, 2022; and WHEREAS, the Association ratified the Memorandum of Understanding on April 27, 2021; and WHEREAS, this document will supersede any prior resolutions and amendments, and may be changed only upon approval of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve, ratify, and authorize implementation of each economic and non-economic benefit and right set forth in the Memorandum of Understanding between the City and the Association, attached and incorporated herein as Exhibit “A’” and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 3 of 11 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("CITY") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("ASSOCIATION"). WHEREAS, the CITY and the ASSOCIATION have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of CITY employees and all other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the CITY and the ASSOCIATION agree as follows: SECTION 1: TERM The provisions of this MOU are effective July 1, 2021 and shall continue for a twelve (12) month period, ending June 30, 2022. This MOU is intended to and shall supersede previous MOU dated July 1, 2018, and any side letters or amendments. SECTION 2: COMPENSATION 2.1 Salary The 2020/21 Salary Freeze approved on May 19, 2020, for members represented by the ASSOCIATION, is suspended effective July 1, 2021, restoring all normal salary schedule step progression for members represented by the ASSOCIATION effective as of the 2021/22 Salary Schedule effective date. Employees shall advance one step on the salary schedule effective July 1, 2021. The 2019 World at Work salary schedule structure market adjustment suspended on July 1, 2020, for members represented by the ASSOCIATION, is restored effective July 1, 2021. The 2021/22 Salary Schedule reflects a 2.2% World at Work salary schedule structure market adjustment for 2019 as agreed upon by the CITY and ASSOCIATION. The Salary Schedule is attached hereto as Exhibit 1, and by this reference made a part hereof, shall become effective on July 1, 2021, and shall remain in effect during the entire term (July 1, 2021, through June 30, 2022) of this MOU, unless modified in writing by mutual agreement of both parties. EXHIBIT A Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 4 of 11 2.2 Merit Salary Increase Employees receiving an overall “successful” rating will be eligible for their normal step progression advancing one step on the salary plan/schedule. effective on the anniversary of the date of hire or the date upon which they were most recently promoted/reclassified. 2.5 Classification and Compensation Market Study The parties agree to a full classification and compensation market study using public and private sector comparisons to be completed before June 30, 2022. SECTION 3: EMPLOYEE BENEFITS The 2020/21 Benefit Freeze approved on May 19, 2020, for members represented by the ASSOCIATION, is suspended effective July 1, 2021. 3.1 Retirement 3.1.1 Employer/Employee Obligations For purposes of the CITY's election to pay to the California Public Employees' Retirement System (CalPERS), 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%). 3.1.2 Public Employees' Retirement System (PERS) Retirement The CITY participates in the PERS retirement plan, and currently pays the full cost of the employer share of the PERS retirement benefit for qualified Regular Full-time and Regular Part-time Employees. Each Regular Full-time and Part- time Employee shall pay an amount equal to 100% of the required member contribution to PERS. Any Employee hired on or after January 1, 2013, shall be subject to the following retirement formulas with the retiree’s annuity based on the average of the Employee’s three (3) highest paid consecutive years, in accordance with the CITY’s contract with PERS and the Public Employees’ Pension Reform Act of 2013 (PEPRA):  Classic Employees (current PERS members) hired on or after January 1, 2013: 2% @ 60.  New Employees (new PERS members) hired on or after January 1, 2013: 2% @ 62. Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 5 of 11 3.1.3 Unused Sick Leave Election Government Code Section 20965 and the CITY's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" prior to receiving their final paycheck. Upon retirement, employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Personnel Policy Section 14.20.4, (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. 3.2 City Benefit Contribution Effective July 1, 2021, the maximum CITY benefit contribution is $1,742 per month for all regular full-time employees to be used for medical, dental, vision, and general life insurance benefits. Employees who elect a health insurance program (medical, dental, vision, and standard life insurance) that is less than $1,742 can elect to use any unused portion of the CITY contribution up to a maximum of $250 for eligible additional Section 125 benefits, enrollment shall take place during the CITY’s open enrollment period. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The formal plan documents shall govern the benefits, terms and conditions of coverage. The parties agree to reopen negotiations in August 2021 to meet and confer on the amounts paid by the CITY and employees for insurance coverage for the following calendar year. The CITY reserves the right at any time during the term of this MOU to change its insurance carriers, provided, however, that the benefits of any new insurance plan shall be substantially equivalent to the benefits of the plan being replaced. 3.3 Medical Opt-Out Payment Personnel Policy Section 13.1.2 states that an employee who provides the CITY evidence of medical insurance under a separate policy and requests to be deleted from the CITY's coverage shall receive $250 per month as an in- lieu payment. Should such other coverage subsequently be unavailable to the Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 6 of 11 employee, the employee shall have the right to seek reinstatement to coverage under the CITY's policy upon written request. In such a case, the CITY shall reinstate the employee's coverage and cancel the in-lieu payment if reinstatement is permitted under the provisions for reinstatement, then in effect with the CITY's health insurance provider. 3.4 Flexible Spending Plan Under Section 125 The CITY has established a flexible spending account plan managed by a third- party administrator that allows employees to participate and pay for qualified expenses on a pre-tax basis. Employees who elect to participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. The CITY reserves the right at any time during the term of this MOU to change providers, provided the benefits of any new insurance plan shall be substantially equivalent to the benefits of the plan being replaced. 3.5 Tuition Reimbursement Subject to Department Director and Employee Relations Officer (or designee) approval, Regular Full-time Employees may attend and be reimbursed up to a maximum of $3,500 per fiscal year not to exceed a total annual budget of $52,500 for the cost of educational courses taken at an accredited college or university. Reimbursement will be made only after an employee has satisfactorily completed the class with a grade of "B" or better. Evidence of the same has been submitted and approved by the Employee Relations Officer. The general rule is that an employee must be employed when they start and complete the class or workshop to be reimbursed. If an employee resigns or retires their employment with the CITY or is terminated for disciplinary reasons within two (2) years of receiving reimbursement under these provisions, Employee shall reimburse the CITY for all monies paid them for educational reimbursement received dating back two (2) years from their termination date. If an Employee has followed the foregoing requirements for reimbursement and, through no fault of their own, is laid off before completion of the approved class or workshop, the Employee will continue to be eligible for reimbursement even though the CITY no longer employs them. No Employee will be eligible for reimbursement for any class or workshop taken after the Employee has been given written notice of layoff, a notice of termination for failing to pass the Probationary Period or notice of intent to terminate employment for cause. Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 7 of 11 Required forms must be completed, and necessary documentation (receipts and grades) must be provided to receive reimbursement. The Employee Relations Officer shall make final and conclusive determinations of the reimbursement amount after review of the request and recommendations by the Department Director and the Employee Relations Officer. Mileage reimbursement may not be submitted for travel to and from educational classes. Education that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the CITY and not through the Tuition Reimbursement Program. 3.6 Computer Loan Program The CITY agrees to continue the Computer Loan Program (Program) and 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. 3.7 Annual Wellness Dollars The CITY agrees to repurpose the Annual Employee Fitness Membership Contribution of $75 to the Annual Wellness Dollars Program, which provides employees $200 each year to purchase fitness classes, fitness memberships, and wellness equipment. SECTION 4: WORK HOURS, SCHEDULES, AND LEAVE 4.1 Hours Worked Employee hours of work shall be as stated in the CITY's Personnel Policies unless superseded as provided in Section 4.2 herein. 4.2 Alternate Work Week Schedule The CITY and ASSOCIATION agree to continue the Alternate Work Week Schedule ("AWWS"), utilizing a 9/80 schedule. 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 canceled by Management, whichever occurs sooner. 4.3 Leaves All specified leaves as provided in Section 8 of the CITY's Personnel Policy. Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 8 of 11 SECTION 5: ANNUAL PERFORMANCE REVIEW Employees shall receive an annual performance review on the anniversary of the date of hire or the date upon which they were most recently promoted/reclassified for the previous 12-month period. SECTION 6: EMPLOYEE/EMPLOYER RELATIONS 6.1 Labor/Management Committee CITY and ASSOCIATION agree to form a Labor/Management Committee (LMC) that may meet three (3) times per year at the request of either party to address concerns regarding employee relations. The LMC is not authorized to change the MOU or to settle any grievance being processed under the MOU. SECTION 7: NON-DISCRIMINATION All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the CITY shall not discriminate against any employee based upon his/her activity on behalf of his/her membership in any employee association or group. SECTION 8: MANAGEMENT RIGHTS Except as limited by the terms of this MOU, the CITY retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the CITY or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by CITY employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 9 of 11 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 9: ASSOCIATION SECURITY 9.1 Maintenance of Membership Eligible employees electing ASSOCIATION membership shall complete an ASSOCIATION membership form and submit it to the ASSOCIATION for processing. Those employees electing ASSOCIATION membership shall pay the usual and customary monthly dues and assessments if any, as established by the ASSOCIATION. 9.2 Dues Deduction ASSOCIATION members may authorize due deductions by completing the ASSOCIATION membership form and submitting to the ASSOCIATION. For each submitted form, the CITY will deduct on a bi-weekly basis from each member's wages the amount of ASSOCIATION dues specified by the ASSOCIATION. 9.3 New Employee Orientation and Disclosure of Contact Information The CITY will provide the ASSOCIATION with ten (10) days' notice of a new employee orientation unless there is an urgent need critical to the employer's operations that were not reasonably foreseeable. In that case, the CITY will provide as much advance notice of the employee orientations as possible. The ASSOCIATION President or designee may attend new employee orientation and be permitted up to 30 minutes at the end of the orientation to meet with the new employee to discuss, among other things, the rights and obligations created by the contract and the role of the ASSOCIATION, and to answer any questions. Upon the ASSOCIATION's request, the CITY must provide a list that includes the ASSOCIATION member's name, work phone, home/cell, phone, street Resolution No. 2021-022 LQCEA Memorandum of Understanding FY 2021/22 Adopted: June 15, 2021 Page 10 of 11 address, work email, date of hire, job title, and department at least every 120 days. SECTION 10: 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 the 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. SECTION 11: 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. 2021/22 Salary ScheduleWORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10Administrative AssistantMaintenance Worker IA11 $ 39,594.09 $ 41,573.79 $ 43,553.50 $ 45,533.20 $ 47,512.91 $ 49,125.13 $ 50,737.35 $ 52,349.57 $ 53,961.79 $ 55,574.03 Maintenance Worker II A12 $ 43,561.90 $ 45,740.00 $ 47,918.09 $ 50,096.19 $ 52,274.28 $ 54,048.05 $ 55,821.82 $ 57,595.59 $ 59,369.36 $ 61,143.14 Administrative TechnicianCommunity Resources CoordinatorManagement AssistantTraffic Signal TechnicianB21 $ 51,509.43 $ 54,084.91 $ 56,660.38 $ 59,235.85 $ 61,811.32 $ 63,908.82 $ 66,006.32 $ 68,103.82 $ 70,201.32 $ 72,298.82 Account TechnicianBuilding Inspector ICode Compliance Officer IAdministrative Technician Permit TechnicianB22 $ 55,477.24 $ 58,251.10 $ 61,024.96 $ 63,798.82 $ 66,572.68 $ 68,831.73 $ 71,090.78 $ 73,349.83 $ 75,608.88 $ 77,867.93 Building Inspector IICode Compliance Officer IIConstruction InspectorMaintenance & Operations TechnicianB23 $ 59,445.05 $ 62,417.30 $ 65,389.55 $ 68,361.81 $ 71,334.06 $ 73,754.66 $ 76,175.26 $ 78,595.86 $ 81,016.46 $ 83,437.04 Deputy City ClerkJunior AccountantMaintenance ForemanManagement SpecialistParks/L&L ForemanPlans ExaminerB24 $ 64,914.69 $ 68,160.43 $ 71,406.16 $ 74,651.89 $ 77,897.63 $ 80,540.90 $ 83,184.17 $ 85,827.44 $ 88,470.71 $ 91,113.99 AccountantManagement SpecialistB25 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 Animal/Code Officer Supervisor B32 $ 71,645.28 $ 75,227.54 $ 78,809.80 $ 82,392.07 $ 85,974.33 $ 88,891.79 $ 91,809.25 $ 94,726.71 $ 97,644.17 $ 100,561.65 WORKING TITLEDBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 STEP 12 STEP 13 STEP 14Assistant Construction ManagerAssociate PlannerCommunity Resources AnalystSr. Emergency Management CoordinatorFinancial Services AnalystHuman Resources AnalystManagement AnalystTraffic Operations AnalystC42 $ 78,471.50 $ 81,741.41 $ 85,011.32 $ 88,281.22 $ 91,551.13 $ 94,817.11 $ 98,089.38 $ 100,933.97 $ 103,778.56 $ 106,623.15 $ 109,467.74 $ 112,312.33 $ 115,156.92 $ 118,001.50 Associate EngineerSenior PlannerC44 $ 88,163.52 $ 91,837.30 $ 95,511.07 $ 99,184.85 $ 102,858.62 $ 106,527.99 $ 110,204.41 $ 113,400.33 $ 116,596.25 $ 119,792.17 $ 122,988.09 $ 126,184.01 $ 129,379.93 $ 132,575.88 Accounting ManagerAssistant to the City ManagerBuilding OfficialCommunity Resources ManagerHub ManagerMarketing ManagerPlanning ManagerPublic Safety ManagerD61 $ 100,013.65 $ 104,181.21 $ 108,348.78 $ 112,516.35 $ 116,683.92 $ 120,846.49 $ 125,017.06 $ 128,642.55 $ 132,268.04 $ 135,893.53 $ 139,519.02 $ 143,144.51 $ 146,770.00 $ 150,395.50 City ClerkD62 $ 105,014.33 $ 109,390.28 $ 113,766.23 $ 118,142.17 $ 122,518.12 $ 126,888.82 $ 131,267.92 $ 135,074.69 $ 138,881.46 $ 142,688.23 $ 146,495.00 $ 150,301.77 $ 154,108.54 $ 157,915.30 Facilities Deputy DirectorD63 $ 110,265.05 $ 114,859.80 $ 119,454.54 $ 124,049.29 $ 128,644.03 $ 133,233.26 $ 137,831.31 $ 141,828.42 $ 145,825.53 $ 149,822.64 $ 153,819.75 $ 157,816.86 $ 161,813.97 $ 165,811.07 Community Resources DirectorDesign & Development DirectorFinance Director/City TreasurerPublic Works Director/City EngineerE82 $ 132,818.51 $ 138,353.05 $ 143,887.60 $ 149,422.15 $ 154,956.70 $ 160,484.60 $ 166,023.13 $ 170,837.80 $ 175,652.47 $ 180,467.14 $ 185,281.81 $ 190,096.48 $ 194,911.15 $ 199,725.80 City Manager F101* $ 180,712.41 $ 188,242.70 $ 195,772.98 $ 203,303.27 $ 210,833.56 $ 218,354.81 $ 225,890.51 $ 232,441.33 $ 238,992.15 $ 245,542.97 $ 252,093.79 $ 258,644.61 $ 265,195.43 $ 271,746.25 Per MeetingMonthly Recreation LeaderA01$14.00 $14.70 $15.40 $16.10 $16.80$0.00$2,800.00Senior Recreation LeaderA02$18.00 $18.90 $19.80 $20.70 $21.60$50.00$2,300.00Administrative TechnicianB21$24.76 $26.00 $27.24 $28.48 $29.72$75.00Software Program Report WriterB24$31.21 $32.77 $34.33 $35.89 $37.45$100.00Planning Commission FULL-TIME EMPLOYEES (ANNUAL) Council MembersBoards and Commission MembersConstruction Appeals & Oversight BoardHousing CommissionCommunity Services & Financial Advisory CommissionPART-TIME EMPLOYEES (HOURLY)Elected Official PositionsMayorFULL-TIME EMPLOYEES (ANNUAL) City Council Approval - 06/15/2021Effective - 07/01/2021EXHIBIT 1