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HomeMy WebLinkAboutGilroy Management Association - MOU 2013-2015MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GILROY AND THE GILROY MANAGEMENT ASSOCIATION JULY 15 2013 - JUNE 309 2015 TABLE OF CONTENTS GILROY MANAGEMENT ASSOCIATION MOU JULY 1, 2013 - JUNE 30, 2015 ARTICLE/SECTION DESCRIPTION PAGE NUMBER ARTICLE I PARTIES TO THE AGREEMENT 'I ARTICLE 11 RECOGNITION AND SCOPE 1 ARTICLE III CITY RIGHTS 'I Section A In General 1 Section B Ri hts Enumerated 1 Section C Employee Grievances Not Impaired 2 Section D Consultations with GMA 2 ARTICLE IV GMA RIGHTS 2 Section A Maintenance of Membership 2 ARTICLE V SALARIES AND OTHER COMPENSATION 3 Section A Salaries 3 Section B Retention/Recognition Incentive 3 Section C Retirement Plans and Contributions 4 Section D Tuition Reimbursement 7 Section E Bi -Lin ual Pay 7 ARTICLE VI INSURANCE PROGRAMS i Section A Medical Insurance 7 Section B Life and AD &D Insurance 8 Section C Long Term Disability Insurance 8 Section D Vision Plan 8 Section E Employe Assistance Program 8 ARTICLE VII LEAVES 9 Section A Vacation Leave 9 Section B Sick Leave 9 Section C Personal Leave 9 Section D Administrative Leave 9 Section E Bereavement Leave 9 Section F Holidays 10 Section G Christmas Eve Mandatory Closure 10 Section H Catastro hic Leave Donation Program 10 ARTICLE VIII MISCELLANEOUS 10 Section A Uniforms 10 Section B DMV Pull Notice Pro ram 10 Section C Human Resources Rules and Regulations 11 ARTICLE IX PEACEFUL PERFORMANCE 11 ARTICLE X REOPENER 11 ARTICLE XI FULL UNDERSTANDING 11 TABLE OF CONTENTS GILROY MANAGEMENT ASSOCIATION MOU JULY 1, 2013 - JUNE 30, 2015 ARTICLEISECTION DESCRIPTION PAGE NUMBER ARTICLE XII SAVINGS PROVISION 12 ARTICLE XIII TERM 13 EXHIBITS Attachment A GMA Represented Classifications 1 page Attachment B Salary Schedules 8 pages MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GILROY WK THE GILROY MANAGEMENT ASSOCIATION JULY 1, 2013 - JUNE 30, 2015 ARTICLE I. PARTIES TO THE AGREEMENT This Memorandum of Understanding is jointly prepared and executed by representatives of the City of Gilroy (hereinafter CITY) and the Gilroy Management Association (hereinafter GMA) for presentation to, and consideration by, the City Council of CITY. It shall not be binding until ratified by the GMA and adopted by the City Council. ARTICLE H. RECOGNITION AND SCOPE CITY hereby recognizes GMA as the recognized employee organization of employees in the classifications in Attachment "A" for purposes of Government Code 3500 et sea, and the Employer - Employee Relations Policy of CITY (City Council Resolution 85 -25). Such recognition shall extend only to the representation of employees holding permanent positions in the classifications listed in Attachment "A. ". ARTICLE III. CITY RIGHTS Section A. In General: All CITY rights and functions, except those which are expressly abridged by this Agreement, shall remain vested with CITY. Section B. Rights Enumerated: Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive CITY rights with respect to matters of general legislative or managerial policy which include but are not limited to: the exclusive right to determine the mission of its constituent sections; set standards of selection for Page 1 of 13 employment and promotion; train, direct and assign its employees; require work outside of normal working hours; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of CITY operations; determine the methods, means and personnel by which CITY operations are to be conducted; determine the content of job classifications; take all necessary actions to prepare for and carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. CITY has the right to make reasonable rules and regulations pertaining to employees consistent with this Agreement. Section C. Employee Grievances Not Impaired: The exercise of CITY management rights shall not preclude a grievant from presenting a grievance in accordance with the Human Resources Rules and Regulations, concerning an adverse effect of the exercise of such rights upon employee; provided, however, the basic right of management to act hereunder or make decisions is unimpaired. Employees included in this representational unit covered by the Public Safety Officers Procedural Bill of Rights or the Firefighters Bill of Rights Acts shall be afforded the procedural rights included in that Act. Section D. Consultations with GMA: This Agreement is not intended to restrict the right of CITY to consult with GMA regarding matters within the right of CITY to determine. However, the parties understand that such consultation shall not create any obligation to meet and confer over issues not within the scope of representation. Pursuant to MMBA Section 3504, the scope of representation shall include all matters relating to employment conditions and employer - ernployee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. ARTICLE IV. GMA RIGHTS Section A. Maintenance of Membership: GMA membership is not a mandatory condition of employment for any employee covered by this Agreement. However, employees who are members of the GMA at the time this agreement is adopted by the City Council shall maintain their membership during the term of this agreement. Every employee who is a member of the GMA shall have the right to withdraw from membership during the final thirty (30) days of the contract. Enforcement of this section shall be the responsibility of the GMA, utilizing civil procedures. The GMA shall indemnify and hold the CITY harmless from any and all claims, demands or suits, or any other action arising from this section in a mamler consistent with MMBA Section 3502.5(b). Page 2 of 13 ARTICLE V. SALARIES AND OTHER COMPENSATION Section A. Salaries: 1. The salary schedule in effect on June 30, 2013 shall be increased by two (2 %) percent effective July 1, 2013 for all unit members (Attachment B). 2. The salary schedule in effect on June 30, 2014 shall be increased by two (2 %) effective July 1, 2014 for all unit members (Attachment C). 3. All GMA employees shall enroll in and maintain direct deposit for payroll. Section & Retention/Recognition Incentive Non - Safely GMA Employees-. 1. If hired prior to November 1, 2005, employees that are 55 or more years old and retire from the City of Gilroy service with a minimum of 15 years of service shall be eligible to receive a post - retirement benefit until reaching the age of 65 of $15 /month per year of service up to $300.00 per month maximum. 2. If hired after November 1, 2005, employees that are 55 or more years and retire from City of Gilroy service with a minimum of 20 years of service shall be eligible to receive a post - retirement benefit until reaching the age of 65 of $15 /month per year of service, up to $200.00 per month maximum. Effective June 30, 2007 employees who are 55 or more years old and retire from City of Gilroy service with a minimum of 25 years of service shall be eligible to receive a post - retirement benefit until reaching the age of 65, of $15 /month per year of service, up to $300.00 per month maximum. 3. Should an employee qualify for a Retention/Recognition Incentive benefit, the benefit payment will begin after one full calendar month following retirement from city of Gilroy employment. For example, if an employee retires on July 10, 2013 and qualifies for a Retention/Recognition Incentive benefit, that benefit will begin in the month of September. Note: When incentive reaches $600 per year, a 1099 will be issued for tax. purposes. The City pays CalPERS coverage the month the employee retirees plus the following month. Therefore, retention recognition incentive will commence on the second month from retirement date. Safety (sworn police and fire) GMA Employees: ees: 1. If hired prior to November 1., 2005, employees that are 50 or more years old and retire from the City of Gilroy service with a minimum of 15 years of service shall be eligible to receive a post - retirement benefit until reaching the age of 65 of $15 month/per year of service up to $300.00 per month maximum. Page 3 of 13 2. If hired after November 1, 2005, employees that are 50 or more years old and retire from City of Gilroy service with a minimum of 20 years of service shall be eligible to receive a post - retirement benefit until reaching the age of 65 of $15 /month per year of service, up to $200.00 per month maximum. Effective June 30, 2007, employees who are 50 or more years old and retire from City of Gilroy service with a minimum of 25 years of service shall be eligible to receive a post - retirement benefit until reaching the age of 65, of $15.00 /month per year of service, up to $300.00 per month maximum. 3. Should an employee qualify for a Retention/Recognition Incentive benefit, the benefit payment will begin after one full calendar month following retirement from city of Gilroy employment. For example, if an employee retires on July 10, 2013 and qualifies for a Retention/Recognition Incentive benefit, that benefit will begin in the month of September. Note, When incentive reaches $600 per year, a 1099 will be issued for tax purposes. The City pays CalPERS coverage the month the employee retirees plus the following month. Therefore, retention recognition incentive will commence on the second month from retirement date. Section C. Retirement Plans and Contributions: The city of Gilroy shall comply with the Public Employee Pension Reform Act ( PEPRA) that went into effect on January 1, 2013. PEPRA is a state law that supersedes any conflicting wording that may be contained in this MOU. Miscellaneous CalPERS Group ■ Tier One — Miscellaneous Employees Hired Prior to January 1, 2013 and Classic Members of CalPERS Hired on or After January 1, 2013 The City shall provide the 2.5% at 55 PERS retirement plan for GMA employees in the Miscellaneous CalPERS category that qualify as a "classic" member of CalPERS: This applies to employees hired to a full -time position with the city of Gilroy prior to January 1, 2013 or an employee hired to a full -time position with the city of Gilroy on or after January 1, 2013 who qualifies as a "classic" inember of CalPERS. Employees in this category shall have a pre -tax payroll deduction of eight (8 %) percent consistent with IRC 414(h)(2). One (1) year final compensation (pursuant to CA Government Code Section 20042) is used for employees who retire under this formula. The City pays the employer contribution. Tier Two — Miscellaneous Employees Categorized as "New" CaIPERS Members Hired On or After January 1, 2013 New full -time GMA employees in the Miscellaneous CalPERS category hired on or after January 1, 2013 who are classified as a "new" member of CalPERS shall receive the 2% at 62 CalPERS retirement plan. Employees in this category shall have a pre -tax payroll deduction for 50% of the total normal cost of the plan as identified annually by CalPERS. This employee Page 4 of 13 payroll deduction amount may change from year to year as required by PEPRA. Three year final compensation is used for employees who retire under this formula. The following items are included in the PERS Miscellaneous retirement contract: • Credit for Unused Sick Leave — pursuant to CA Government Code Section 20965 • 3rd Level 1959 Survivor Benefit — pursuant to CA Government Code Section 21573 • Military Service Credit — pursuant to CA Government Code Section 21024 • Death Benefit —pursuant to CA Government Code Section 21620 Fire Safety CalPERS Group: • Tier One —Fire Safety Employees Hired Prior to January 5, 2011 The city shall provide the 3% at 55 CalPERS retirement plan (Government Code Section 21363.1) for GMA employees in the Fire Safety CalPERS Category that were hired to a full -time Fire Safety position with the city of Gilroy prior to January 5, 2011. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay the nine (9 %) employee contribution as a pre -tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include: • One (1) year Final Compensation - pursuant to CA Government Code Section 20042 • Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 • 4t' Level 1959 Survivor Benefit - pursuant to CA Government Code Section 21574 • Military Service Credit - pursuant to CA Government Code Section 21024 • Death Benefit - pursuant to CA Government Code Section 21620 • Tier 2 —Fire Safety Employees Hired On or After January 6, 2011, but Prior to January 1, 2013 and Classic Members Hired On or After January 1, 2013 The city shall provide the 2% at 55 CaIPERS retirement plan for GMA employees in the Fire Safety CalPERS category that were hired to a full -time Fire Safety position with the city of Gilroy on or after January 6, 2011, but prior to January 1, 2013 OR to employees hired to a full -time position on or after January 1, 2013 who are categorized as a "classic" member of CaIPERS. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay a seven (7 %) employee contribution as a pre -tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include: o Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 0 4' Level 1959 Survivor Benefit - pursuant to CA Government Code Section 21574 o Military Service Credit - pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 • Tier 3 — Fire Safety Employees Hired On or After January 1, 2013 Categorized as New CalPERS Members The city shall provide the 2% at 57 CalPERS retirement plan for GMA employees in the Fire Safety CaIPERS category that were hired to a full -time Fire Safety position with the city of Gilroy on or after January 1, 2013 who are categorized as a "new" member of CalPERS. Employees in this category shall Page 5 of 13 have a pre -tax payroll deduction for 50% of the total normal cost of the plan as identified annually by CalPERS. This employee payroll deduction amount may change from year to year as required by PEPRA. Three year average final compensation is included with this formula. The plan shall include: • Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 • 4�h Level 1959 Survivor Benefit - pursuant to CA Government Code Section 21574 • Military Service Credit - pursuant to CA Government Code Section 21024 • Death Benefit - pursuant to CA Government Code Section 21620 Police Safety CAPERS Group: Tier One — Police Safety Employees Hired Prior to January 5, 2011 The City shall provide the 3% at 50 CalPERS retirement plan (Government Code Section 21362.2) for GMA employees in the Police Safety CalPERS category that were hired to a full -time Police Safety position with the city of Gilroy prior to January 5, 2011, Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay the nine (9 %) employee contribution as a pre -tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include • 1 year Final Compensation - pursuant to CA Government Code Section 20042 • Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 • 4th Level 1959 Survivor Benefit — pursuant to CA Government Code Section 21574 • Military Service Credit - pursuant to CA Government Code Section 21024 • Death Benefit - pursuant to CA Government Code Section 21620 Tier 2 -- Police Safety Employees Hired On or After January 5, 2011, but Prior to January 1, 2013 and "Classic" CalPERS Members Hired On or After January 1, 2013 The city shall provide the 2% at 50 CaIPERS retirement plan for GMA employees in the Police Safety CalPERS category that were hired to a full -time Police Safety position with the city of Gilroy on or after January 5, 2011, . but prior to January 1, 2013 OR to employees hired to a full -time position on or after January 1, 2013 who are categorized as a "classic" member of CalPERS. Effective July 1, 2013, EPMC will no longer be part of the total cash compensation formula and the employee shall pay a nine (9 %) employee contribution as a pre -tax payroll deduction pursuant to IRC 414(h)(2). The plan shall include: • 1 year Final Compensation - pursuant to CA Government Code Section 20042 • Credit for Unused Sick Leave - pursuant to CA Government Code Section 20965 • 4th Level 1959 Survivor Benefit — pursuant to CA Govermnent Code Section 21574 • Military Service Credit - pursuant to CA Govermnent Code Section 21024 • Death Benefit - pursuant to CA Government Code Section 21620 • Tier 3 — Police Safety Employees Hired On or After January 1, 2013 Categorized as "New" CalPERS Members Page 6 of 13 The city shall provide the 2.7% at 57 CalPERS retirement plan for GMA employees in the Police Safety CalPERS category that were hired to a full -time Police Safety position with the city of Gilroy on or after January 1, 2013 who are categorized as a "new" member of CalPERS. Employees in this category shall have a pre -tax payroll deduction for 50% of the total normal cost of the plan as identified annually by CalPERS. This employee payroll deduction amount may change from year to year as required by PEPRA. Three year average final compensation is included with this formula. The plan shall include: o Credit for Unused Sick Leave - pursuant to CA Government Code. Section 20965 o 4th Level 1959 Survivor Benefit —pursuant to CA Government Code Section 21574 o Military Service Credit -pursuant to CA Government Code Section 21024 o Death Benefit - pursuant to CA Government Code Section 21620 Section D. Tuition Reimbursement Tuition reimbursement for GMA employees is up to $1,000.00 per fiscal year. This may be used to cover the cost of tuition, books, fees, or other student expenses. Courses and reimbursement must be pre - approved to qualify under this program. Only job related and career development courses will be approved for reimbursement. A grade of B or better is required for reimbursement. Section E. Bi- lingual Pay: Employees in the classifications of Police Captain or Fire Division Chief who demonstrate the ability to communicate (as a result of a verbal skills test) effectively in both Spanish and English shall receive an additional five (5 %) percent of their respective base salaries. Employees receiving bi- lingual pay shall be required to recertify (test) every two years to demonstrate continued competency. This test shall be a verbal skills test. ARTICLE VI. INSURANCE PROGRAMS Section A. Medical Insurance: The City shall provide a cafeteria program dollar contribution for each GMA employee. The cafeteria plan contribution amount is established as of January 1, 2013 as the plan year for health plan coverage is the calendar year. The City cafeteria contribution amount shall increase by five (5 %) percent each calendar year using the January 1, 2013 amount as the baseline starting point. Any health plan rate increases in excess of the annual City contribution amount each calendar year shall be paid by the employee. 2. The contribution amounts include any mandatory PERS PEMHCA contribution and the mandatory Dental Contribution. 3. The contribution amount that the employee qualifies to receive is based upon the number of individuals that the employee enrolls in a medical plan. Page 7 of 13 4. The employee may purchase other insurance benefits with any remaining contribution amount or through payroll deduction. Some of these benefits may be eligible for a pre -tax deduction. . If there is a surplus, the employee will receive a cash payment for 100% of the surplus contribution (this is taxable income). The employee may not waive dental insurance under this provision. The employee must enroll himself or herself, along with qualifying dependents, in the Dental plan. 5. The employee may waive medical coverage under this program and enroll in dental insurance provided they show proof of other medical insurance coverage. If the employee waives medical insurance then the employee is eligible to receive the employee only contribution in cash (taxable) less the medical contribution required by Ca1PERS and less the dental premium. Section B. Life and AD &D Insurance: The CITY shall maintain in effect a life and AD &D insurance policy for unit members which equals 100% of annual salary. AD &D benefit increases the life insurance benefit paid to a Beneficiary if employee's death is the result of an accident. Section C. Long Term Disability Insurance: Non - Safety Employees: For the term of this Agreement the CITY shall maintain in effect the Long Term Disability Program providing for a ninety (90) day elimination period and payment of sixty (60 %) percent of pre - disability earnings to a maximum of eight thousand five hundred ($8,500) per month. Employees shall have the option of using accrued paid time to supplement LTD to bring gross wages to 100 %. Safety Employees (Police): For the term of this Agreement the CITY shall contribute up to $19.50 per month toward the cost of the PORAC Premier Plus Long Term Disability Program. The employee shall pay any cost of the plan in excess of the city contribution as a taxable payroll deduction. The employee shall pay taxes on the city contribution so that qualifying benefits can be non - taxable. Safety Employees (Fire): For the tenu of this Agreement the CITY shall contribute up to $25.00 per month toward the cost of the Fire Long Tenn Disability Program, currently the California Association of Professional Firefighter LTD plan. Section D. Vision Plan: The City shall provide a vision plan for optional employee enrollment. Premiums for this plan shall be paid by the employee. Section E. Employee Assistance Program: The city shall provide an Employee Assistance Program for employees. The Employee Assistance Program shall provide for a maximum of ten (10) visits per plan year (calendar). Page 8 of 13 ARTICLE VII. LEAVES Section A Vacation Leave: Years of Service Mo. Hours Accrued Yearly Accrual 1 - 5 6.67 Hours Ten 10 Days 6-15 10.00 Hours Fifteen (15) Days 16+ 13.33 Hours Tweet (20) Days The maximum vacation balance that an employee can maintain is two times the annual accrual. Employee may cash out up to eighty (80) hours of vacation time in a given fiscal year provided that the employee uses eighty (80) hours of vacation time in the same fiscal year. The vacation cashout program is suspended for the period of July 1, 2013 — June 30, 2015. Section B. Sick Leave: Employees shall accrue sick leave at the rate of one (1) 8 -hour day per month. There is no limit on the amount of sick leave than an employee can accrue. For employees that retire directly from the City of Gilroy shall have their accumulated sick leave hours/days reported to Ca1PERS pursuant to the Credit for Unused Sick Leave Program identified above as part of the Ca1PERS contract. There is no cashout of sick- leave hours upon separation/retirement from employment. Employees may utilize up to 50% of their annual sick- leave accrual for family sick leave/kin care consistent with California Labor Code Section 233. Section C. Personal Leave: Employees shall be credited with forty -four (44) hours of personal leave time off on July 1 of each fiscal year. This leave is not pro -rated for new hires or separating employees. Section D. Administrative Leave: Employee shall be credited with fifty -six (56) hours of administrative leave time off on July 1 of each fiscal year. This leave is pro -rated (quarterly) for new hires, but is not pro -rated for separating employees. Section E. Bereavement Leave: Eligible employees may take paid Bereavement Leave when a death occurs in the employee's or the employee's spouse's immediate family. For the purpose of this section, immediate family is defined as: Parents, Brothers, Sisters, Spouses, Domestic Partners, Natural or Legally Adopted Children, or Grandparents. Up to three days (24 hours) of bereavement leave may be granted per occurrence if the death occurs within California and up to five days (40 hours) per occurrence may be granted if the death occurs outside of California. Leave may also be granted in the case of the death of others with whom the employee has a significant relationship. Such leave shall be granted in the sole discretion of the City Administrator, without any right to appeal. Such leave shall not be cumulative. Page 9 of 13 Section F. Holidays: GMA employees shall receive ten paid holidays as noted in Gilroy Human Resources Rules and Regulations. Holidays shall typically be taken on the day observed. However, safety employee may flex holidays based upon the needs of the department. Section G. Christmas Eve Mandatory Closure City offices and all non - essential operations shall be closed on the workday immediately preceding the Christmas Day Holiday. However, this is not a holiday and employees will be required to use either paid or unpaid leave to cover their absence on this day. Employees shall designate, at least two weeks prior to the mandatory closure, what leave time the employee will use to cover this day by completing the normal time off request form. All City Hall employees shall participate in the mandatory closure as the City Hall building will be closed on this date. Safety employees, however, may flex this day off based upon the needs of the department. Section H. Catastrophic Leave Donation Program: Employees may donate vacation hours, personal leave hours, or administrative leave hours under the Catastrophic Leave Donation Program outlined in the Gilroy Human Resources Rules and Regulations. ARTICLE VIII. MISCELLANEOUS Section A. Uniforms: Police: A lump sum payment of $1,200.00 will be paid by July 15'x' of each year. Fire: A lump sum payment of $670.00 will be paid by July 15' of each year. Fleet Superintendent, Facilities Superintendent, and Manager assigned to Public Works Field Operations (streets, water, sewer, parks, etc.); Consistent with the maximum annual allowance for uniform purchases provided to line operations, fleet, and facilities employees, the management position noted above can purchase uniform items listed on the uniform allocation/ordering worksheet. Section B. DMV Pull Notice Program: Employees who have the opportunity to operate motorized vehicles on city business are required to be safe drivers and operate vehicles in a safe manner. Employees, who have the opportunity to operate vehicles on city business, must possess and maintain a valid California driver's license appropriate for the job and vehicle(s) to be operated. Employees who have the opportunity to operate motorized vehicles while on duty must also either: (1) enroll in the City's department of motor vehicles employer pull - notice program, or (2) provide the city with periodic updates of his or her driving record. Page 10 of 13 1. If an employee enrolls in the DMV employer pull notice program, the employee must fill out a City - specified enrollment form directing the DMV to provide the City with periodic updates of the employee's driving record. 2. If an employee elects not to enroll in the DMV employer pull notice program, the employee is responsible.for providing the City with periodic updates of the employee's driving record. These updates shall be provided annually during the month of January and every time the employee receives a citation or other entry on his or her driving record which impacts his or her ability to operate a motor vehicle while on duty, including but not limited to the revocation or temporary suspension of the employee's drivers' license. Section C. Human Resources Rules and Regulations The parties acknowledge that the City duly adopted its Human Resources Rules and Regulations prior to recognizing the GMA as the exclusive representative of employees in the classifications in Attachment "A" and that those rules and regulations (including those covering layoffs) remain in full force and effect except where inconsistent with this agreement. ARTICLE IX. PEACEFUL PERFORMANCE During the life of this Agreement, no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the GMA, and no lockouts shall be made by the City of Gilroy. In the event that any employees covered by this Agreement, individually or. collectively, violate the provisions of this article and the GMA fails to exercise good faith in halting the work interruption, the GMA and the employees involved shall be deemed in violation of this article and the CITY shall be entitled to seek all remedies available to it under applicable law. ARTICLE X. REOPENER Upon request by the City, the City and GMA will reopen negotiations on revised Human Resources Rules and Regulations to address any substantive changes to the Human Resources Rules and Regulations. ARTICLE XI. FULL UNDERSTANDING This Memorandum of Understanding is the result of the parties' good faith meeting and conferring pursuant to the MMBA and sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights to negotiate, and agrees that the other party shall not be required to negotiate with respect to any matter Page 11 of 13 covered herein during the term of this Memorandum of Understanding. Nothing in this paragraph shall preclude the parties from jointly agreeing to meet and confer on any issue(s) within the scope of representation during the term of this agreement. Where this MOU conflicts with the Human Resources Rules and Regulations, the terms of this MOU shall control. ARTICLE XIL SAVINGS PROVISION If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction or invalidated by state or federal law, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Should the State of California adopt legislation forbidding or economically penalizing the CITY for granting any compensation increases called for in this agreement, the compensation increase shall be suspended. The CITY and Association shall meet and confer regarding any suspended compensation increases. Page 12 of 13 ARTICLE XIII. TERM This Memorandum of Understanding represents the entire Agreement between the CITY and GMA on subjects contained herein and shall become in full force and effect on July 1, 2013 unless otherwise noted, and shall continue in full force and effect until Midnight June 30, 2015. The GMA shall provide the CITY with its proposals for the period beginning July 1, 2015 no later than April 1, 2015. The parties agree to begin the meet and confer process by April 30, 2015. FOR THE CITY OF GILROY Thomas J. Haglund, Crty Administrator DATED: FOR THE GILROY MANAGEMENT ASSOCIATION .Pbk Kurt Svardal, Presi ent Phil King, Secretary I-, `��" PV-X// Marilyn Roaf, Treasurer DATED: Page 13 of 13 GILROY MANAGEMENT ASSOCIATION (GMA) REPRESENTED CLASSIFICATIONS Attachment "A" CITY hereby recognizes GMA as the recognized employee organization of employees in the classifications listed below for purposes of Government Code 3500 et se g. and the Employer - Employee Relations Policy of CITY (City Council Resolution 85 -25). Such recognition shall extend only to the representation of employees holding permanent positions in the classifications listed below: • Building Field Services Manager* • Building Plan Check Engineer • City Engineer* • Development Center Manager • Environmental Programs Coordinator* • Facilities & Parks Project Manager* • Facilities Superintendent • Financial Analyst — Finance* • Financial Analyst - Community Development* • Fire Battalion Chief* • Fire Division Chief • Fire Marshal • Fleet Superintendent • HCD Grant Coordinator • Information Technology Manager • Network Administrator • Operations Services Manager* • Planning Division Manager • Police Crime Analyst • Police Captain • Public Information Officer • Public Safety Systems Administrator • Recreation Manager* • Revenue Officer • Senior Civil Engineer • Senior Environmental Engineer • Senior Planner* • Systems Administrator • Web Developer* • Youth Task Force Coordinator *As of June, 2013, this classification is inactive. Page 1 of 1 Attachment "B" GILROY MANAGEMENT ASSOCIATION TOTAL CASH COMPENSATION SALARY TABLE EFFECTIVE: JULY 1, 2413 DIVISION MANAGERS: Job Job Title Monthly Monthly Annual Annual Code 105 Fire Division $9,952 $13,269 $119,424 $159,228 Project Manager Chief 110 Police Captain $9,952 $13,269 $119,424 $159,228 131 Fire Battalion $9,425 $12,566 $113,100 $150,792 Chief 107 City Engineer $9,325 $12,434 $111,900 $149,208 118 Planning Division $9,325 $12,434 $111,900 $149,208 121 Manager $8,109 $10,812 $97,308 $129,744 127 Development $9,325 $12,434 $111,900 $149,208 Center Manager Information 124 Technology $9,055 $12,073 $108,660 $144,876 Director 114 Operations $8,109 $10,812 $97,308 $129,744 Services Manager 129 Recreation $6,462 $8,615 $77,544 $103,380 Manager MIDDLE MANAGEMENT: Job Job Title Monthly Monthly Annual Annual Code 111 Facilities & Parks $8,109 $10,812 $97,308 $129,744 Project Manager Senior 116 Environmental $8,109 $10,812 $97,308 $129,744 Engineer 117 Senior Civil $8,109 $10,812 $97,308 $129,744 Engineer 121 Fire Marshal $8,109 $10,812 $97,308 $129,744 125 Building Plan $8,109 $10,812 $97,308 $129,744 Check Engineer Page 1 of 4 Rev. 6/2013 Attachment "B" Job Job Title Monthly Monthly Annual Annual Code Minimurn Maximuni Minimum Maximum 126 Building Field $8,109 $10,812 $97,308 $129,744 Services Manager Financial Analyst Information 216 (Community $5,880 $7,840 $70,560 $94,080 134 Technology $8,109 $10,812 $97,308 $129,744 $7,840 Manager $94,080 (Finance) 221 Senior Planner $8,109 $10,812 $97,308 $129,744 213 Network $6,462 $8,615 $77,544 $103,380 Administrator 217 Software Systems $6,462 $8,615 $77,544 $103,380 Administrator Public Safety 218 Systems $6,462 $8,615 $77,544 $103,380 Administrator 135 Youth Task Force $5,880 $7,840 $70,560 $94,080 Coordinator Environmental 203 Programs $5,880 $7,840 $70,560 $94,080 Coordinator 205 Public Information $5,880 $7,840 $70,560 $94,080 Officer 207 HCD Grant $5,880 $7,840 $70,560 $94,080 Coordinator 209 Revenue Officer $5,880 $7,840 $70,560 $94,080 219 Facilities $5,880 $7,840 $70,560 $94,080 Superintendent 220 Fleet $5,880 $7,840 $70,560 $94,080 Superintendent 215 Web Developer $5,509 $7,346 $66,108 $88,152 ANALYSTS: Job Job Title Monthly Monthly Annual Annual Code Financial Analyst 216 (Community $5,880 $7,840 $70,560 $94,080 Development) 210 Financial Analyst $5,880 $7,840 $70,560 $94,080 (Finance) 208 Police Crime $5,880 $7,840 $70,560 $94,080 Analyst Page 2 of 4 Rev, 6/2013 Attaclunent "B" Notes: Salary range minimums were established by taking approximately 75% of the range maximum. Monthly figures are rounded to the nearest $1.00 Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash /cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, car allowance/car provided, uniform allowance, and other forms of Council approved compensation. GMA PERS Miscellaneous Employees. GMA employees that are designated by CalPERS and the city of Gilroy as "classic members" of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS 2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as "new members" of the PERS Miscellaneous group shall pay 50% of the normal cost as established by CaIPERS. The normal cost may vary from year to year and this amount shall be a pre -tax payroll deduction under IRC 414(h) (2) for the CalPERS 2% at 62 retirement plan. GMAPERS Police Sammy Employees: If hired prior to January 5, 2011, the applicable retirement plan is the Ca.IPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall not longer apply. If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a classic member, the applicable retirement plan is the CaIPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CalPERS and the city of Gilroy as a `new member "' the applicable retirement plan is the CalPERS 2.7% at 57plan. Under this plan, the employee shall pay 50% of the normal cost as established by CalPERS. The normal cost may vary from year to year and this amount shall, be a pre -tax payroll deduction under IRC 414(h) (2). GMAPERS Fire Safety Employees: If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a. pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall not longer apply. Page 3 of 4 Rev. 6/2013 Attachment `B" If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CaIPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CaIPERS and the city of Gilroy as a "classic member, the applicable retirement plan is the CaIPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CaIPERS and the city of Gilroy as a `new member ", the applicable retirement plan is the CalPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CaIPERS. The normal cost may vary from year to year and this amount shall be a pre -tax payroll deduction under IRC 414(h) (2). Page 4 of 4 Rev. 6/2013 Attachment "C" GILROY MANAGEMENT ASSOCIATION TOTAL CASH COMPENSATION SALARY TABLE EFFECTIVE: JULY 1, 2014 DIVISION MANAGERS: Job Job Title Monthly Mininium Maximum Minimum Maximum Code 105 Fire Division $10,151 $13,534 $121,812 $162,408 Chief Maximum Minimum Maximum 110 Police Captain $10,151 $13,534 $121,812 $162,408 131 Fire Battalion $9,614 $12,817 $115,368 $153,804 116 Chief $8,271 $11,028 $99,252 $132,336 107 City Engineer $9,512 $12,683 $114,144 $152,196 118 Planning Division $9,512 $12,683 $114,144 $152,196 Manager 127 Development $9,512 $12,683 $114,144 $152,196 125 Center Manager $8,271 $11,028 $99,252 $132,336 Information 124 Technology $9,236 $12,314 $110,832 $147,768 Director 114 Operations $8,271 $11,028 $99,252 $132,336 Services Manager 129 Recreation $6,591 $8,787 $79,092 $105,444 Manager MIDDLE MANAGEMENT: Job Job Title Monthly • Code Minimum Maximum Minimum Maximum 111 Facilities & Parks $8,271 $11,028 $99,252 $132,336 Project Manager Senior 116 Environmental $8,271 $11,028 $99,252 $132,336 Engineer 117 Senior Civil $8,271 $11,028 $99,252 $132,336 Engineer 121 Fire Marshal $8,271 $11,028 $99,252 $132,336 125 Building Plan $8,271 $11,028 $99,252 $132,336 Check Engineer Page 1 of 4 Rev. 6/2013 Attachment "C" Job Job Title Monthly Monthly Annual Annual Code Minimum Maximum Building Field 126 $8,271 $11,028 $99,252 $132,336 Services Manager Information 134 Technology $8,271 $11,028 $99,252 $132,336 Manager 221 Senior Planner $8,271 $11,028 $99,252 $132,336 213 Network $6,591 $8,787 $79,092 $105,444 Administrator 217 Software Systems $6,591 $8,787 $79,092 $105,444 Administrator Public Safety 218 Systems $6,591 $8,787 $79,092 $105,444 Administrator 135 Youth Task Force $5,998 $7,997 $71,976 $95,964 1 Coordinator Environmental 203 Programs $5,998 $7,997 $71,976 $95,964 Coordinator 205 Public Information $5,998 $7,997 $71,976 $95,964 Officer 207 HCD Grant $5,998 $7,997 $71,976 $95,964 Coordinator 209 Revenue Officer $5,998 $7,997 $71976 $95,964 219 Facilities $5,998 $7,997 $71,976 $95,964 Superintendent 220 Fleet $5,998 $7,997 $71,976 $95,964 Superintendent 215 Web Developer $5,619 $7,493 $67,428 $89,916 ANALYSTS: Page 2 of 4 Rev. 6/2013 Attachment "C" Notes: Salary range minimums were established by taking approximately 75% of the range maximum. Monthly figures are rounded to the nearest ,$1.00 Total Cash Compensation salary ranges include all forms of compensation and other applicable forms of cash /cash equivalent compensation. Where approved, additional compensation may be made for bilingual pay, car allowance /car provided, uniform allowance, and other forms of Council approved compensation. GMA PERS Miscellaneous Employees: GMA employees that are designated by CalPERS and the city of Gilroy as `classic members" of the PERS Miscellaneous group have an 8% deduction under IRC 414(h)(2) for the employee contribution to the CalPERS 2.5% @ 55 retirement plan. GMA employees that are designated by CalPERS and the city of Gilroy as `new members" of the PERS Miscellaneous group shall pay 50% of the normal cost as established by Cia.IPERS. The normal cost may vary from year to year and this amount shall be a pre -tax payroll deduction under IRC 414(h) (2) for the CaIPERS 2% at 62 retirement plan. GMAPERS Police Safety Employees: If hired prior to January 5, 2011, the applicable retirement plan is the CaIPERS 3% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% at a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall not longer apply. If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the CalPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CaIPERS and the city of Gilroy as a classic member, the applicable retirement plan is the CaIPERS 2% at 50 plan. Under this plan, the employee shall pay the employee contribution of 9% as a. pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CaIPERS and the city of Gilroy as a `new member ", the applicable retirement plan is the CalPERS 2.7% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CaIPERS, The normal cost may vary from year to year and this amount shall be a. pre -tax payroll deduction under IRC 414(h) (2). GMAPERS Fire Safety Employees: If hired prior to January 5, 2011, the applicable retirement plan is the Ca.IPERS 3% at 55 plan. Under this plan, the employee shall pay the employee contribution of 9% at a. pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall not longer apply. Page 3 of 4 Rev. 6/2013 Attaclunent "C" If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the Ca.IPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a. pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CaIPERS and the city of Gilroy as a "classic member, the applicable retirement plan is the CalPERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after December 31, 2012 and designated by CaIPERS and the city of Gilroy as a "new member ", the applicable retirement plan is the Ca.IPERS 2% at 57 plan. Under this plan, the employee shall pay 50% of the normal cost as established by CaIPERS. The normal cost may vary front year to year and this amount shall be a pre -tax payroll deduction under IRC 414(h) (2). Page 4 of 4 Rev. 6/2013