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Home My WebLink AboutGilroy Management Association - MOU 2015-2017- , l IN 4 I 1 � 1 J THE CITY OF GILROY _ pill _ �.: JULY 19 2015 -JUNE 309 2017 TABLE OF CONTENTS GILROY MANAGEMENT ASSOCIATION MOU JULY 1, 2015 - JUNE 30, 2017 ARTICLE /SECTION DESCRIPTION PAGE NUMBER ARTICLE I PARTIES T_ O THE AGREEMENT 1 ARTICLE II RECOGNITION AND SCOPE 1 ARTICLE III CITY RIGHT S 1 Section A In General Section _B Rights Enumerated lEmployee 1 Section C Grievances Not aired 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/ Health Reimbursement Agreement 3 Section C - ..Retirement'Plans and Contributions 4 Section D Tuition Reimbursement 7 Section E Bi -Lin ual Pay 7 ARTICLE VI INSURANCE PROGRAMS 7 Section A Medical Insurance 7 Section B Life_ and AD&D Insurance 8 Section C Lon Term Disability Insurance 8 Section D Vision Plan 9 Section _E Employee Assistance Program 9 ARTICLE VII LEAVES 9 Section A Vacation Leave 9 Section B Sick leave 9 Section C Personal Leave 9 Section D. Administrative leave 10 Section E Bereavement Leave 10 Section F Holidays 10 Section G Christmas Eve Mandatory Closure 10 Section H Catastrophic Leave Donation Program 10 ARTICLE VIII MISCELLANEOUS 11 Section A Uniforms 10 Section B DMV Pull Notice Program 10 Section C Human Resources Rules and Regulations 11 ARTICLE IX PEACEFUL PERFORMANCE 11 ARTICLE X REOPENER 12 TABLE OF CONTENTS GILROY MANAGEMENT ASSOCIATION MOU JULY 1, 2015 - JUNE 30, 2017 ARTICLE XI FULL UNDERSTANDING 12 ARTICLEISECTION DESCRIPTION PAGE NUMBER ARTICLE XII SAVINGS. PROVISION 12 ARTICLE X1111 TERM 13 EXHIBITS Attachment A GMA Represented Classifications Attachment B Salary Schedules 2 1 page 6 pages MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GILROY . l THE GILROY MANAGEMENT ASSOCIATION JULY 19, 2015 - JUNE 309 2017 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 3.500 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 Ill. 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.perfoiming 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 - employee 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 manner 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, 2015 shall be increased by two (2 %) percent effective July. 1, 2015 for all unit members (Attachment B). 2. The salary schedule in effect on June 30, 2016 shall be increased by two (2 %) effective July 1, 2016 for all unit members (Attachment Q. 3. All GMA employees shall enroll in and maintain direct deposit for payroll. Section B. Retention /Recognition Incentive/Health Reimbursement Arrangement 1. Retiree Allowance — Eli igibility, Amount and Timing An Eligible Retiree, as defined below, shall be eligible to receive a Monthly Allowance, also defined below, from the City until reaching the age of sixty -five (65). An "Eligible Retiree" is a Unit employee that satisfies all of the following requirements- 0 Is at least fifty -five years old (non - safety employees) or fifty years old (safety employees) m Has retired from service with the City through CalPERS. An individual is deemed to be retired from service with the City if his or her effective retirement date is within 90 days of separation from employment with. the City and he or she is receiving a retirement allowance from Ca1PERS resulting from the individual's service to 'the City. 0 Hired to full -.time City of Gilroy employment prior to November 1, 2005: • Has rendered full -time employment services to the City for at least fifteen (1.5) years. • The "Monthly Allowance" shall be equal to $15 for each year of service with the City of Gilroy up to a maximum monthly allowance of $300. a Hired to full -time City of Gilroy employment on or after November 1, 2005: • Has rendered full -time employment services to the City for at least twenty (20) years. • The "Monthly Allowance shall be equal to $15 for each year of service with the City of Gilroy up to a maximum monthly allowance of $200. ® Effective June 30, 2007: o Has rendered full -time employment services to the City for at least twenty-five (25) years. Page 3 of 13 o The "Monthly Allowance" shall be equal to $15 for each year of service with the City of Gilroy up to a maximum monthly allowance of $300. A Unit employee retiring on or after July 1, 2015, must elect to participate in the City's retiree health reimbursement arrangement. o Benefits under this section begin the first day of the month following the cessation of City -paid medical benefits. For example, if an employee retires on May i st and City - paid medical benefits continue through May 31st, the employee will receive his or her first payment under this provision in the month of June. If medical benefits extend to June 30th, then the benefits under this section will begin in the month of July. 2. Eligible Retirees On or After July 1. 2015 The Monthly Allowance for any Unit employee that qualifies as an Eligible Retiree on or after July 1, 2015, including City employees hired or rehired on or after January 1, 2013, shall be made available to the Eligible Retiree under the City's retiree only health reimbursement arrangement ( "Plan ") for the purpose of receiving nontaxable reimbursements of qualifying health care expenses under Sections 105(b) and 213(d) of the Internal Revenue Code. A condition to receiving the Monthly Allowance and participating in the Plan is the submission of an election form to participate in the Plan. Any monthly administrative fees for the health reimbursement arrangement plan shall be borne by the retiree. An Eligible Retiree retiring on or after July 1, 2015, that does not elect to participate in the Plan will forfeit the Monthly Allowance. Reimbursements from the Plan shall be subject to substantiation that the Eligible Retiree incurred eligible expenses. 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 Ca1PERS 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" member 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 Page 4 of 13 Section 20042) is used .for employees who retire under this formula. The .City pays the employer contribution. Tier Two — Miscellaneous Employees Categorized as "New" CalPERS 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 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 P 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: a 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 • 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 o Tier 2 — Fire Safety Employees Hired On or After January 6, 2011, but Prior to Jan_ uary 1, 2013 and Classic Members Hired On or After January 1, 2013 The city shall provide the 2% at 55 CalPERS 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, 201' ) 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 seven (7 %) employee contribution as a pre -tax payroll deduction pursuant to IRC 414(h)(2). 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 Page 5 of 13 • Military Service Credit- pursuant to CA Government Code Section 21024 • Death Benefit -pursuant to CA Government Code Section 21620 m 1wr_i- The city shall provide the 2% at 57 CalPERS 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 1, 2013 who are categorized as a "new" member of Ca1PERS. 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 4`h Level 1959 Survivor Benefit pursuant to CA Government Code Section 21,574 • Military Service Credit - pursuant to CA Government Code Section 21024 • Death Benefit - pursuant to CA Government Code Section 21620 Police Safety CalPERS Group: Tier One — Police Safety Employees Hired Prior to January 5, 2011 The City shall provide the 3% at 50 Ca1PERS retirement plan (Government Code Section 21362.2) for GMA employees in the Police Safety CaIPERS 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" Ca1PERS Members Hired On or After January 1, 2013 The city shall provide the 2% at 50 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 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 "classie" member of Ca1PERS. Effective July 1, 2013, . EPMC will no Ionger 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 Page 6 of 13 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 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 f ill -time Police Safety position with the city of Gilroy on or after January 1, 2013 who are categorized as a "new" member of Ca1PERS. 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 21.574 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 con_ tinued 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. Page 7 of 13 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. 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. Zone 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 pfe- 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 term of this Agreement the CITY shall contribute up to $25.00 per month toward the cost of the Fire Long Term Disability Program, currently the California Association of Professional Firefighter LTD plan. Page 8 of 13 '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 at least ten (10) visits per plan year (calendar). ARTICLE VIL 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 Twenty 24 )Days The maximum vacation balance that an employee can maintain is two times the annual accrual. Employees at or above the maximum balance will no longer accrue vacation time until such time that the,employee's vacation balance drops below the maximum balance allowed. 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 CaIPERS pursuant to the Credit for Unused Sick Leave Program identified above as part of the CalPERS 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 pro -rated for new hires and separating employees with a requirement that the employee must work at least 50% of the quarter in order to earn personal leave for that quarter. If the employee separates employment and has used more personal leave than would be allocated for the fiscal year based on the date of separation, then the employee will change the excess -hours utilized to another available leave balance. Page 9 of 13 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 for new hires and'separating employees with a requirement that the employee. must work at least 50% of the quarter in order to earn administrative leave for that quarter. If the employee separates employment and has. used. more administrative leave than would be allocated for the. fiscal. year based on the date of separation, then the employee will change the excess hours utilized to another available leave balance. 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. Section F. Holidays: GMA employees shall receive ten paid holidays (equal to eighty (80) hours) as noted in Gilroy Human Resources Rules and Regulations. Holidays shall typically be taken on the day observed. However, safety employee may flex holidays (eighty (80) hours) based upon the needs of the department. GMA employees working approved alternate work schedules are required to flex weekly hours, use leave time, or take fewer holidays off so as not to exceed the maximum number of holiday hours allowed per fiscal yea- 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 P_romm: 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. Page 10 of 13 ARTICLE VIII. MISCELLANEOUS Section A.. Uniforms: Police Captains: A lump sum payment of $1;200.00 will be paid by July 15"' of each year. Fire Division Chiefs: A lump sum payment of $670.00 will be paid-by July 15th 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 P. 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. 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. Page 11 of 13 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 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 XII. 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, 2015 unless otherwise noted, and shall continue in full force and effect until Midnight June 30, 2017. The GMA shall provide the CITY with its proposals for the period beginning July 1, 2017 no later than April 1, 2017. The parties agree to begin the meet and confer process by April 30, 2017. FOR THE CITY OF GILROY q4:Dn� (Th�nas J. Haglund, City Administrator FOR THE GILROY MANAGEMENT ASSOCIATION *0 Kurt Svardal, President Irma Navarro, Secretary DATED: I I I � DATED: b- / -/ 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 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 below: • Building Plan Check Engineer • Crime Analysis/ Records/Property & Evidence Manager • Development Center Manager • Facilities Superintendent • Financial Analyst - Finance • Financial Analyst - Community Development • Fire Division Chief • Fire Marshal • Fleet Superintendent • HCD Grant Coordinator • Information Technology Manager • Planning Division Manager • Police Captain • Public Information Officer • Public Safety Systems Administrator • Revenue Officer • Senior Civil Engineer • Senior Environmental Engineer • Senior Planner • Software Systems Administrator • Youth Task Force Coordinator Page 1 of 1 Attachment "B" GILROY MANAGEMENT ASSOCIATION TOTAL CASH COMPENSATION SALARY TABLE EFFECTIVE: JULY 1, 2015 DIVISION MANAGERS: Job Job Title Monthly Monthly Annual Annual Code Minimum Maximum Minimum Maximum 105 Fire Division Chief $10,354 $13,805 $124,248 $165,660 110 Police Captain $10,354 $13,805 $124,248 $165,660 118 Planning Division Manager $9,702 $12,937 $116,424 $155,244 Crime Analysis/ 127 Development Center Manager $9,702 $12,937 $116,424 $155,244 Evidence Manager 217 Senior $6,723 $8,963 $80,676 $107,556 116 Environmental $8,436 $11,249 $101,232 $134,988 Engineer 117 Senior Civil Engine $8,436 $11,249 $101,232 $134,988 r 121 Fire Marshal $8,436 $11,249 $101,232 $134,988 Information 134 Technology $8,436 $11,249 $101,232 $134,988 Manager MIDDLE MANAGEMENT: Job Job Title Monthly Monthly Annual Annual Code 125 Building Plan Check Engineer $8,436 $11,249 $101,232 $134,988 221 Senior Planner $8,436 $11,249 $101,232 $134,988 Crime Analysis/ 136 Records/Property & $8,436 $11,249 $101,232 $134,988 Evidence Manager 217 Software Systems Administrator $6,723 $8,963 $80,676 $107,556 218 Public Safety Systems $6,723 $8,963 $80,676 $107,556 Administrator 135 Youth Task Force Coordinator $6,118 $8,157 $73,416 $97,884 Pagel of 3 6/2015 Attachment "B" Job Job Title Monthly Monthly Annual Annual Code Minimum Maximum Minimum Maximum! 205 Public Information Officer $6,118 $8,157 $73,416 $97,884 207 HCD Grant Coordinator $6,118 $8,157 $73,416 $97,884 209 Revenue Officer $6,118 $8,157 $73,416 $97,884 219 Facilities Superintendent $6,118 $8,157 $73,416 $97,884 220 Fleet Superintendent $6,118 $8,157 $73,416 $97,884 ANALYSTS: Notes: Salary range ntinintunts 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 ntay 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 retirenzent plan. GMA employees that are designated by CalPERS and the city of Gilroy as "new mentbers" of the PERS Miscellaneous group shall pay 50% of the norntal cost as established by CalPERS. The normal cost may vary front year to year and this amount shall be a pre -tax payroll deduction under IRC 414(h) (2) for the CWPERS 2% at 62 retirenzent plan. GMA PERS Police Safety Employees: If hired prior to January 5, 2011, the applicable retirement plan is the CalPERS 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. Page 2 of 3 6/2015 Attachment "B" If hired after January 5, 2011, but prior to January 1, 2013, the applicable retirement plan is the Cal.PERS 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 CaIPERS 2.7010 at 57plan. 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 tinder IRC 414(h) (2). GMA PERS 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. 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 tinder 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 tinder IRC 414(h) (2). Effective July 1, 2013, EPMC shall no longer apply. If hired after Decenber 31, 2012 and designated by CalPERS 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 front year to year and this amount shall be a pre -tax payroll deduction tinder IRC 414(h) (2). Page 3 of 3 6/2015 Attachment "C" GILROY MANAGEMENT ASSOCIATION TOTAL CASH COMPENSATION SALARY TABLE EFFECTIVE: JULY 1, 2016 DIVISION MANAGERS: Job Code Job Title Monthly Minimum Monthly Maximum Annual Minimum Annual Maximum 105 Fire Division Chief $10,561 $14,081 $126,732 $168,972 110 Police Captain $10,561 $14,081 $126,732 $168,972 118 Planning Division Manager $9,896 $13 ,196 $118,752 $158,352 Crime Analysis/ 127 Development Center Manager $9,896 $13,196 $118,752 $158,352 Evidence Manager 217 Senior $6,858 $9,142 $82,296 $109,704 116 Environmental $8,605 $11,474 $103,260 $137,688 135 Engineer $6,240 $8,320 $74,880 $99,840 117 Senior Civil Engineer $8,605 $11,474 $103,260 $137,688 121 Fire Marshal $8,605 $11,474 $103,260 $137,688 Information 134 Technology $8,605 $11,474 $103,260 $137,688 Manager MIDDLE MANAGEMENT: Job Code Job Title Monthly Monthly Annual Annual 125 Building Plan Check Engineer Minimum $8,605 Maximum $11,474 Minimum $103,260 Maximum. $137,688 221 Senior Planner $8,605 $11,474 $103,260 $137,688 Crime Analysis/ 136 Records/Property & $8,605 $11,474 $103,260 $137,688 Evidence Manager 217 Software Systems Administrator $6,858 $9,142 $82,296 $109,704 218 Public Safety Systems Administrator $6,858 $9,142 $82,296 $109,704 135 Youth Task Force Coordinator $6,240 $8,320 $74,880 $99,840 Page 1 of 3 6/2015 Attachment "C" Job Job Title Monthly Monthly Annual Annual Code Minimum Maximum Minimum Maximum 205 Public Information Officer $6,240 $8,320 $74,880 $99,840 207 HCD Grant Coordinator $6,240 $8,320 $74,880 $99,840 209 Revenue Officer $6,240 $8,320 $74,880 $99,840 219 Facilities Su erintendent $6,240 $8,320 $74,880 $99,840 220 Fleet Superintendent $6,240 $8,320 $74,880 $99,840 ANALYSTS: Notes: Salary range minintunts were established by taking approximately 75% of the range maximunt. 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 rnade 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 ncentbers "of the PERS Miscellaneous group have an 8% deduction tinder IRC 414(h)(2) for the encployee 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 CalPERS. The normal cost ntoy 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 retir•ernent plan. GMA PERS Police Safety Emnlovees: If hired prior- to January 5, 2011, the applicable retirement plan is the CalPERS 3% at 50 plan. Under this plan, the encployee shall pay the encployee contribution of 9% at a pre -tax payroll deduction under IRC 414(h) (2). Effective July 1, 2013, EPMC shall not longer apply. Page 2 of 3 6/2015 Attachment "C" If hired after.Janua.ry 5, 2011, but prior to January 1, 2013, 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 -tar 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 CalPERS 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 C61PERS. The normal cost may vary from year to year and this amount shall be a pre -tax payroll deduction under IRC 414(h) (2). GMA PERS Fire Safety Employees: If hired prior to January 5, 2011, the applicable retirement plan is the CaIPERS 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. 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 tinder 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 C61PERS 2% at 55 plan. Under this plan, the employee shall pay the employee contribution of 7% as a pre -tax payroll deduction tinder 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 CaIPERS 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 tinder IRC 414(h) (2). Page 3 of 3 6/2015