HomeMy WebLinkAboutJuly 1 2023 to June 30 2026 PDEO MOUCity of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
Page 1 of 13
ARTICLE 1 – TERMS OF AGREEMENT
This Memorandum of Understanding (MOU) shall be binding on the City and the
PDEO when approved by the PDEO general membership and the City Council.
Except as otherwise provided herein, this MOU shall be in full force and effect for
a term of three years, from July 1, 2023 through June 30, 2026.
Any employment policies, practices and/or benefits that were in effect as of the
date of signing of this MOU shall be deemed incorporated into this MOU, unless
otherwise stated herein.
The parties agree that the disciplinary and grievance procedures set forth in the
City’s Personnel Ordinance shall govern during the term of this Memorandum of
Understanding.
In the event of a conflict between the MOU and an existing policy and/or practice,
this MOU provision shall govern.
The City and the PDEO agree that this MOU contains all of the covenants,
stipulations, and agreements of the parties.
The City shall meet and confer in good faith with the PDEO on all matters related
to the salaries, benefits and other terms and conditions of employment, in
accordance with the Myers-Milias-Brown Act.
ARTICLE 2 – AMENDMENTS AND MODIFICATIONS
2.1 Modification
The City and the PDEO agree, understand and reserve the right, to meet and
confer in good faith, at any time, with respect to any subject or matter covered in
this MOU in order to amend or make modifications to this MOU. Any changes to
this MOU must be approved by the PDEO general membership and City Council.
2.2 Severance Clause
In the event that a court finds any provision(s) of this MOU to be invalid,
unenforceable, or contrary to law, such provision shall be severed from this MOU
and will not be applicable, performed, or enforced, except to the extent permitted
by law. The parties agree that all the other provisions of this MOU shall remain in
effect.
The parties further agree to meet and confer in good faith for purposes of
negotiating an alternative to any severed provision.
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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ARTICLE 3 - REPRESENTATION
In accordance with the MMBA and the EERO, the City of Palm Desert recognizes
the PDEO as the exclusive representative of all general and non-supervisory
employees as listed in Appendix A of this agreement.
The PDEO recognizes the City Manager as the exclusive representative for the
City for purposes of entering into this MOU.
ARTICLE 4 - COMPENSATION
4.1 Compensation
The Grade, Step and Wage Rates Schedule for employees covered by this
Agreement is set forth in the Allocated Positions and Salary Resolution adopted
by the City Council.
Salaries will be increased by the following amounts on the first full pay period
following the effective date:
A. July 1, 2023: The salary schedule will increase by 3.5% and employees not
“y-rated” shall receive a 3.5% increase, and employees who are “y -rated,”
shall receive a one-time stipend of up to 3.5% of base salary.
B. July 1, 2024: The salary schedule will increase by 3.25% and employees
not “y-rated” shall receive a 3.25% increase, and employees who are “y-
rated,” shall receive a one-time stipend of up to 3.25% of base salary.
C. July 1, 2025: The salary schedule will increase by 3.0% and employees not
“y-rated” shall receive a 3.0% increase, and employees who are “y-rated,”
shall receive a one-time stipend of up to 3.0% of base salary.
4.2 Night Differential Pay
Employees who are assigned to perform their duties between the hours of 6:00
p.m. and 6:00 a.m. for a special project (and for whom the majority of hours fall
after 6:00 p.m.) are eligible for night differential pay at the rate of $2.50 per hour.
This does not apply to employees assigned to standby duty and receiving standby
pay.
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July 1, 2023 – June 30, 2026
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Night differential pay will be subject to the following regulations:
Night Differential schedules must be pre-approved by the Department
Head;
Night Differential amount paid will be $2.50 per hour;
Employees on “stand-by” and receiving stand-by pay who are called
back to work are not eligible for Night Differential, because they have
already been compensated through the ‘stand -by’ and ‘call-back’
provisions;
In order to qualify, the majority (greater than 50%) of the work must be
performed between the hours of 6:00 p.m. and 6:00 a.m.
4.3 Working on Holidays
A. Non-exempt employees may be paid at the overtime rate when required to
work on a scheduled holiday. In order to receive the overtime rate for
holiday work the following conditions must be met:
The employee must work at least forty (40) hours in the same
workweek the holiday falls in (holiday hours count towards hours
worked when computing the total for the workweek);
The employee cannot have been scheduled an alternate day off in
the same workweek;
If the employee takes sick or vacation time during the same
workweek, such time shall not be counted as hours worked for the
computation of overtime.
B. Employees scheduled to work on the July 4 holiday shall be credited with
an additional floating holiday (eight hours), which must be used during the
same calendar year.
4.4 Stand By and Call Back Pay
When a nonexempt employee is scheduled for uncontrolled standby duty, such
employee will be considered to be on-call. “On-call” means and includes that
period of time, other than regularly scheduled work time, during which an
employee may be called back to provide services that are the responsibility of the
department in which the employee is employed.
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July 1, 2023 – June 30, 2026
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During this period of “on-call”, the employee is free to engage in the employee’s
regular activities so long as the employee is available to respond by phone or
email within a reasonable period of time, typically one hour, and is in a condition
to work.
Such employee shall be compensated by a payment at the employee’s regular
rate of pay in the workweek in which standby duty was incurred in accordance
with the following:
A. Two hours per day, each weekday;
B. Three hours per day, each Saturday, Sunday or holiday.
“Callback” means and includes those occasions when a nonexempt employee
reports to duty during off-duty hours responding to a city request made after the
employee has completed the normal shift and left the workstation.
When a nonexempt employee is called back for duty during off hours, such
employee shall receive a minimum of two hours for all work performed plus time
worked in excess of two hours. Such employee shall be compensated by a
payment at the rate of one and one-half times the employee’s regular rate of pay
in the workweek that callback duty incurred.
For purposes of callback, time spent by the employee in traveling to and from the
employee’s place of residence to the work area shall not be con sidered hours
worked.
4.5 Bilingual Pay
Employees who have the ability to provide bilingual services in Spanish or a City
Manager-approved second language may be designated as a bilingual employee
required to use their skills as a part of their City employment. This designation must
be made by the appropriate department head and approved by the City Manager
or designee in writing. Designated employees shall receive a stipend of $25 per
pay period. Eligible employees must successfully complete an initial as sessment
test to receive such designation. An employee who fails the assessment test may
re-take the test every six (6) months. Employees on any form of leave time in
excess of (1) month shall be ineligible to receive bilingual pay until the employee
returns to duty.
Employees receiving bilingual pay may be used by any department to provide
bilingual services.
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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4.6 Deferred Compensation (457b) Match
The City shall provide a 457b plan intended to assist in planning for retirement.
The City agrees to match unit members’ contributions up to $100 per month (NTE
$1,200 per calendar year).
ARTICLE 5 – BENEFITS
The City’s Personnel Ordinance shall govern eligibility for benefits. Benefits in
place on July 1, 2023 shall continue during the term of this agreement unless the
PDEO and City meet and confer, and reach agreement, on proposed changes.
5.1 Employee Flexible Benefits – “Cafeteria Plan”
The City shall provide its employees with health, vision, and dental plan benefits
through an IRS Section 125 Flexible Benefits Plan. This plan is referred to as the
“Cafeteria Plan” because it offers a “menu” of benefits choices. The plan provides
premium coverage for health, dental and vision insurance plans. In addition, the
City will provide a flat $75.00 monthly flex plan credit to the cafeteria plan which
can be used toward the purchase of benefits, placed in a Flexible Spending
Account or received as taxable cash via payroll. Employees who choose the lowest
cost health plan available are eligible for additional flex plan credits, with the
amount based on family size as follows:
Single: $50 monthly
Two-Party: $75 monthly
Family: $100 monthly
Those employees who ‘opt out’ of the City provided health plans and provide proof
of coverage elsewhere and coverage participants, shall receive a flat monthly
stipend as followed:
Single: $250 monthly
Employee +1 or more: $500 monthly
(a) Health Insurance Benefits
The Flexible Benefits Plan will provide premium coverage (with no employee
contribution) for employees and their dependents who choose a plan other than
the most expensive plan offered. Employees who choose the most expensive plan
will be responsible for paying the difference i n premium the 2nd most expensive
plan and the selected plan.
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July 1, 2023 – June 30, 2026
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Eligible dependents for Health Care Coverage are defined by CalPERS and
include spouse, domestic partner, and children (including foster, step and
economically dependent) up to age 26.
(b) Dental Benefits
The City shall provide its employees and eligible dependents with Dental Benefits.
Eligible dependents for Dental coverage are spouse, domestic partner and children
(including foster, step and economically dependent) up to age 26.
The basic Dental benefit shall provide a maximum dollar limit of $2,000 per year
along with additional orthodontia and implant cover age ($1,000 lifetime benefit at
a 50% co-pay).
(c) Vision Benefits
The City shall provide its employees and eligible dependents with Vision benefits.
The plan will provide basic exams and single vision lenses annually. It will also
provide frames, up to $180.00, every 24 months. The benefit will include an option
for contact lenses. Eligible dependents for Vision coverage are spouse, domestic
partner and children (including foster, step and economically dependent) up to age
26.
5.2 Retiree Health Stipend Program
The City offers a Retiree Health Stipend Program to assist long-term employees,
hired on or before December 31, 2014, in offsetting the cost of health insurance in
retirement. The program’s provisions are dependent on hire date and are set forth
in a Resolution adopted by City Council and included here as Appendix B.
a. Funding for the Retiree Health Stipend Program
The City maintains an independent trust fund for the purpose of
providing retiree health stipend payments. An actuarial report is
used to determine the funded status of the plan, which is reported in
accordance with Governmental Accounting Standards Board
(GASB) Statement 45. Future contributions to the fund will be subject
to actuarial reporting and Council approval during the yearly budget
process.
5.3 Retiree Health Savings Plan (RHSP) and 401a Plan for Post-Retirement
Health Benefits
Employees hired on or after January 1, 2015 are automatically enrolled in the City’s
Retiree Health Savings Plan and subject to a mandatory contribution of 1% of base
salary. The City will contribute a matching 1% of base salary to the plan. City
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July 1, 2023 – June 30, 2026
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contributions are subject to a five-year vesting schedule. The plan is subject to
IRS regulations and contributions are non -elective. Employees may direct the
investments of their individual accounts. The intended purpose of the plan is to
provide employees with a tax advantaged savings vehicle for post-retirement
health benefit premiums.
Employees hired after January 1, 2015 are also eligible to participate in a 401A
plan for tax deferred savings. Employees may contribute up to 10% of salary and
the City will make a matching contribution of up to 2% of salary. This plan is subject
to IRS regulations. Elections must be made within thirty (30) days of hire and are
non-revocable.
5.4 Short Term Disability Insurance
The City agrees to offer a voluntary program of Short Term Disability Insurance
which interested employees may purchase through payroll deduction. This plan is
not intended to take the place of accrued sick leave. It is provided as a “safety net”
for those employees who choose to purchase it.
5.5 California Public Employees Retirement System (CalPERS) Contract
Employees hired BEFORE September 1, 2011:
Regular employees hired prior to September 1, 2011 will be enrolled in CalPERS
under the retirement formula of 2.7% at age 55.
Employees shall pay 8% of salary, employee portion, to CalPERS.
Along with the 2.7% @ 55 formula the following benefits are included in the
CalPERS contract for employees hired prior to September 1, 2011:
a. Post-Retirement Survivor Allowance (PRSA) 50%. Upon the death
of a retiree, the PRSA, 50% of the unmodified allowance, will
continue to an eligible survivor. – Section 21624/21626
b. Increased Level of 1959 Survivor Benefits (level 2) (Benefit payable
to eligible survivors if the member’s death occurs during
employment.) – Section 21572
c. Credit of Unused Sick Leave. Any unused sick leave days will be
converted to service credit at the rate of 0.004 years of service for
each day of sick leave, provided there is less than 120 days between
the member’s separation date and retirement date. – Section 20965
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July 1, 2023 – June 30, 2026
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d. Industrial Disability Retirement. A miscellaneous member may
qualify for an Industrial Disability Retirement (IDR) if they are u nable
to perform the duties of their job because of a job -related injury or
illness. – Section 21151
e. Improved Non-Industrial Disability Allowance. If a member retires on
a non-industrial disability, the allowance would be equal to 30% of
final compensation for five (5) years of service credit and 1% for each
additional year of service credit to a maximum of 50% of final
compensation. – Section 21427
f. One-year Final Compensation (Final compensation calculated using
the last (or highest) twelve (12) consecutive monthly pay rates.) –
Section 20042
g. COLA 2% - Beginning the second calendar year after the year of
retirement, retirement and survivor allowances will be annually
adjusted on a compound basis of 2% maximum. However, the
adjustment may not be greater than the change in the Consumer
Price Index. – Section 21329
h. Retired Death Benefit $500 – Upon the death of a retiree, a one-time
lump sum payment of $500 will be made to the retiree’s designated
survivor(s), or to the retiree’s estate. – Section 21620
Employees hired between September 1, 2011 and December 31, 2012 and
Classic Members:
Regular, full-time employees hired between September 1, 2011 and December 31,
2012 and regular part-time employees who worked more than 1,000 hours, as well
as Classic Members as referenced below, will be enrolled in CalPERS under the
retirement formula of 2% at age 55.
Employees in this tier pay 7% of salary to CalPERS.
Along with the 2% @ 55 formula, the following benefits are included in the
CalPERS contract for these employees:
a. Post-Retirement Survivor Allowance (PRSA) 50%. Upon the death
of a retiree, the PRSA, 50% of the unmodified allowance, will
continue to an eligible survivor. – Section 21624/21626
b. Increased Level of 1959 Survivor Benefits (level 2) (Benefit payable
to eligible survivors if the member’s death occurs during
employment.) – Section 21572
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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c. Credit of Unused Sick Leave. Any unused sick leave days will be
converted to service credit at the rate of 0.004 years of service for
each day of sick leave provided there is less than 120 days between
the member’s separation date and retirement date. – Section 20965
d. Industrial Disability Retirement. A miscellaneous member may
qualify for an Industrial Disability Retirement (IDR) if they are unable
to perform the duties of their job because of a job -related injury or
illness. – Section 21151
e. Improved Non-Industrial Disability Allowance. If a member retires on
a non-industrial disability, the allowance would be equal to 30% of
final compensation for five (5) years of service credit and 1% for each
additional year of service credit to a maximum of 50% of final
compensation. – Section 21427
f. COLA 2% - Beginning the second calendar year after the year of
retirement, retirement and survivor allowances will be annually
adjusted on a compound basis of 2% maximum. However, the
adjustment may not be greater than the change in the Consumer
Price Index. – Section 21329
g. Retired Death Benefit $500 – Upon the death of a retiree, a one-time
lump sum payment of $500 will be made to the retiree’s designated
survivor(s), or to the retiree’s estate. – Section 21620
Employees hired AFTER January 1, 2013:
Employees hired on or after January 1, 2013, are subject to the Public Employees
Pension Reform Act (PEPRA) and receive benefits as classic or new members
based on the terms of PEPRA as defined by CalPERS. .
Those designated as “New” members (no prior CalPERS service or greater than a
six-month break in service) are enrolled in the retirement formula 2% @ 62 and
subject to the terms outlined in PEPRA.
Members defined by CalPERS as “Classic” (those with qualifying CalPERS service
within the prior six months) are enrolled in the retirement formula 2% @ 55 as
noted above.
5.6 Sick Leave Accrual and Maximums
All employees hired on or after July 1, 2017, shall be subject to a maximum sick
leave accrual of 500 hours. Such employees who reach the maximum shall cease
to accrue sick leave until such time as their balance falls below 500 ho urs, at which
time they will begin accruing at the normal accrual rate until they reach the
maximum.
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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Employees hired on or BEFORE June 30, 2017:
Beginning July 1, 2023, employees hired on or before June 30, 2017, shall be
subject to a maximum sick leave accrual of 500 hours with the following provisions:
a. Employees having more than 500 hours will cease to accrue sick
leave until such time as their balance falls below 500 hours, at which
time they will accrue the regular accrual rate per pay period until they
reach the maximum.
b. Hours in excess of 500 will not be forfeited. They will remain in the
employee’s account and may be used for paid sick leave or
converted to pension service credit at retirement (subject to the rules
of both programs.)
c. Only forty hours per calendar year in excess of 500 will be eligible
for “cash-out” on or after July 1, 2023, as agreed upon by both
parties. The balance up to 500 hours may be cashed out according
the schedule contained in Palm Desert Municipal Code (PDMC)
Section 2.52.710.
5.7 Vacation Leave Accrual and Maximums
All employees hired on or after July 1, 2017, shall be subject to the following
vacation accrual schedule:
All employees - two-weeks + 1 day per year of service, up to a maximum of
10 additional days per year (total of 20 days per year);
Group B (mid-management) – additional one week for up to a maximum of
25 days per year;
Group A (management) – additional two weeks for up to a maximum of 30
days per year.
Group X – per contract.
All employees hired on or after July 1, 2017 shall be subject to a maximum accrual
balance equal to two times their annual accrual rate. At no time may their balance
exceed that amount. If the maximum is reached the employee will cease to accrue
vacation leave until such time as their balance drops below the maximum (this can
occur at any time during the year.)
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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6. Holidays
For the duration of the MOU, Christmas Eve and New Years Eve are declared full-
day holidays in accordance with PDMC 2.52.700. City Hall will be closed on these
days, and full-time employees shall be credited with eight (8) hours of holiday pay
for each day. For employees on the alternative work week, and if scheduled to
work nine (9) hours, the employee can either use one hour of vacation, floating
holiday, or comp time OR work an additional hour during the week of the holiday,
with approval from his/her supervisor.
Additionally, during the duration of the MOU, employees shall receive an additional
floating holiday (8 hours) for a total of two floating holidays (16 hours) per calendar
year.
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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Attachment A – Represented Positions
Accountant
Accounting Technician I/II
Administrative Assistant I/II
Assistant Planner I/II
Associate Planner I/II
Business Enterprise Systems Administrator
Building Inspector I/II
Buyer
Chief Inspector
Code Compliance Officer I/II
Communications Analyst I/II
Deputy Clerk I/II
Executive Assistant (non-confidential)
Facilities Specialist
Housing Program Technician
Land Development Technician
Landscape Inspector
Street Maintenance Worker I/II
Street Maintenance Worker/Equipment Operator III
Management Analyst I/II
Marketing Specialist
Office Assistant I/II
Permit Technician I/II
Project Manager
Project Technician
Public Works Inspector I/II
Receptionist
Records Coordinator
Senior Administrative Assistant
Senior Building Inspector
Senior Deputy Clerk
Senior Facilities Specialist
Senior GIS Administrator
Senior Information Systems Administrator
Senior Street Maintenance Worker
Senior Network Engineer
Social Services Coordinator
Special Events Coordinator
Traffic Signal Specialist
Traffic Signal Technician I/II
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City of Palm Desert and PDEO MOU
July 1, 2023 – June 30, 2026
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PDEO Board City
____ __________________ ____ _________________
Date Cora Gaugush Date Martin Alvarez
PDEO Board Member Director of Public Works
____ __________________ ____ _________________
Date Jose Rojas Date Veronica Chavez
PDEO Board Member Director of Finance
____ __________________ ____ _________________
Date Kevin Swartz Date Amy Lawrence
PDEO Board Member Deputy Director Economic Development
____ __________________ ____ _________________
Date John Urkov Date Amber C. Molina
PDEO Board Member Human Resources Analyst
____ __________________ ____ _________________
Date Alex Vasquez Date Melanie Ramirez
PDEO Board Member Senior Management Analyst
____ _________________
Date Andrea Staehle
Human Resources Manager
ATTEST:
Date Anthony J. Mejia, MMC
City Clerk
City of Palm Desert
DocuSign Envelope ID: 2EF30DDC-6E93-406A-BFBC-720E01612EBE
6/22/2023
6/22/2023
6/22/2023
6/22/2023
6/22/2023
6/22/2023
6/26/2023
6/26/2023
6/26/2023
6/27/2023
6/27/2023
6/27/2023