MVCEA members under the Cal-PERS medical insurance program may elect coverage from either the LA, San Bernardino, Ventura County Regions or the Southern California Region which includes the Riverside, Orange, and San Diego County areas.  You may select your coverage region based on your residence or the location of your employer.  In the LA, San Bernardino, Ventura County regions seven of the eleven carriers will have premium increases.  In the Riverside, Orange, and San Diego County regions eight of eleven carriers will have premium increases.  The LA, San Bernardino, Ventura County regions will continue to have lower premiums than the Riverside, Orange, San Diego County regions.  All Moreno Valley employees will receive details on the medical insurance plans in their open enrollment packets.  No premium increases have been announced for 2015 under the dental insurance program.




All MVCEA members eligible for the safety shoe allowance will receive their annual payment of $150 in September.  If you believe you are eligible for this benefit and do not receive it automatically, please contact MVCEA President Sherald Koliboski.  Please be sure that any safety shoe purchase meets the required specifications.  If you are unsure, check with your supervisor. 




MVCEA through our labor relations consultant assisted/represented four members with disciplinary action appeals in July.  All MVCEA members are encouraged to take advantage of the professional representation provided if disciplinary issues arise.  If you are notified that management wants to meet with you related to any working condition issue, contact MVCEA before proceeding with any interviews or meetings.  Do not assume that your rights will be afforded to you in any interview process if you do not assert them.  It is vital in protecting your interest and your job that you not be compelled or intimidated to make unfavorable statements in an interview.  Do not allow your statements to be misconstrued or misinterpreted without any ability on your part to set the record straight.  You may not even be the subject of a disciplinary interview and may only be interviewed as a witness but you never know where these processes may lead or how something you say may be misconstrued and eventually lead to action against you.  It is better to be safe than to be sorry.  Invoke your right to representation.


MVCEA assisted one member in the rebuttal of a performance evaluation in July.  If you receive an evaluation that you do not agree with or think is unfair please feel free to review your concerns with our MVCEA consultant.


One member was assisted with a denial of a vacation request.  Overall eight MVCEA members were assisted with individual issues in July.  The MVCEA Board of Directors conducted its monthly business meeting (board meetings are the first Tuesday of each month).  A committee was appointed to meet with management on the tattoo policy.  The Board discussed the 2015 Cal-PERS medical insurance rates and the City’s agreement to continue the additional $150 per month contribution toward medical insurance premiums for members covering families. 



The Board agreed to defer discussions on the November City Council election until after the candidate filing deadline so we know who all qualified for the ballot in each Council District.


Any member with a question or concern is encouraged to contact any MVCEA Board member or you may call our consultant John Adams directly.




Sherald Koliboski

Richard Limas

Kathy Savala

Joe Lara

Dennis Buckle

Kandace Baptiste

Nick Henderson

Dale Mendenhall


MVCEA Consultant John Adams (951) 244-9919




The MVCEA committee appointed by the Board of Directors held a meeting with management on July 23, 2014.  Nick Henderson, Dale Mendenhall, Richard Limas, and John Adams represented MVCEA.  Subjects discussed included the covering of tattoos while working at City Hall, no requirement for covering tattoos for employees working in the field, current employees and new hires, employer/management rights to set employment standards, policy enforcement for violations, and employee rights.  MVCEA suggested that the current informal policy and management’s current approach to enforcement appears to be working well.  Since the issue involves setting employment standards, it was acknowledged that the subject falls into the area of a management prerogative and that the parties were in fact meeting and consulting and not negotiating over the adoption of a policy. 


MVCEA was unable to reach an overall agreement with management on the need for and content of a formal tattoo policy.  Management indicated the intent to go forward and adopt a written policy in the near future.  The policy would be issued in writing but enforcement and potential discipline for non-compliance remained undetermined.  MVCEA emphasized that since it was a management policy, unilaterally adopted, we would accept no responsibility if an employee or job applicant raised a legal issue as to a possible rights violation related to the tattoo policy. 


While MVCEA recognizes the City’s concerns over maintaining a professional image, we believe there has been a paradigm shift and that tattoos are now common place and do not necessarily portray a negative connotation.  MVCEA agrees that tattoos displaying images that would commonly be considered obscene or offensive should not be displayed in the work place, however the covering of all tattoos, at all times, in the workplace seems somewhat excessive. The establishment of these types of work policies are management prerogatives.  Once the policy is issued any member with concerns should feel free to contact MVCEA.  







MVCEA and management held the quarterly labor/management meeting on April 21, 2014.  Attending the meeting on behalf of MVCEA were Sherald Koliboski, Nick Henderson, Richard Limas, Dale Mendenhall, and MVCEA consultant John Adams.  The following topics were discussed:

Post Furlough Work Schedules

MVCEA indicated that employees should return to their previous schedule which was a 9/80 in most cases.  MVCEA also proposed that maintenance services be placed on a 4/10 schedule and that some employees have indicated a preference for a 5/8 schedule.  There have been some requests for employees to have a reduced work week of 36 hours even though the furlough would end.  Further discussions will be needed once the decision is made to end the furlough.

Our latest information is that the Mayor and a majority of City Council members want to end the furlough in July 2014.  The budget impact of ending the furlough is under review.  The HR Director said there was
no truth to the rumor that the City would implement a 5/8 (Monday – Friday) work schedule when the furlough ends.  Since employees were on a negotiated 9/80 work schedule prior to furloughs, MVCEA
believes that schedule would automatically resume after the furlough is ended unless the parties mutually agree to a different schedule.

Medical, Dental and Vision Care Insurance Premiums

Dental and Vision Care insurance premiums are set through December 2015 and will not increase this coming year.  No information has come from PERS on medical insurance premium increases for January 2015.  Premium increases are usually announced in June.  The premium increases for 2014 under PERS insurance plans were offset by using money from the PERS insurance trust resulting in no increase for most options, some reductions, and only one increase (Kaiser).  The insurance industry is estimating
medical insurance premium increases around 8% for 2015.  MVCEA has included insurance premium increases under our MOU reopener and discussion will take place once the 2015 rates are announced.
City Manager Granted Administrative Leave MVCEA was advised that the City Manager will be proposing a Customer Care Initiative tie in by using City Manager approved administrative leave for those recognized under the program.  There were no details presented at the meeting.

Technical Services at the Library

A plan to have the contractor who runs the library (LSSI) take over the technical support services currently provided by city staff is under consideration.  This change would save the City money and there
would be no loss of City personnel according to management.  No further details were available at the meeting.

Comprehensive Memorandum of Understanding

The development of one comprehensive document that incorporates all the salaries, benefits and conditions of employment into one MOU is being worked on by Human Resources and is supported by
MVCEA.  It was agreed that some subjects like the drug and alcohol policy should be in the personnel rules and not in the MOU.  Subjects that impact terms and conditions of employment would remain part of the meet and confer process under state law and could not be unilaterally changed by management by placement in the personnel rules.  The MOU would primarily cover wages, benefits, retirement, job safety, leave policies, and working conditions such as modified work schedules.  Once completed MVCEA could post this document on the website for easy access when members have questions.

Meet and Confer Reopener

Under our current MOU, MVCEA and the City may reopen the meet and confer process in the spring.  Either party may request reopening negotiations on non-economic issues and the parties can reopen on economic issues by mutual agreement.  MVCEA and the City have mutually agreed to reopen
on certain economic issues.  Management will meet with the City Council on May 15th to obtain direction and the parties will begin the process shortly thereafter.  Topics included in the MVCEA request are as follows:

-  Ending the furlough in July 2014
-  Modified work schedules
-  Medical insurance premiums
-  Merit increases
-  Comprehensive MOU language

We will keep you informed as meetings progress.  The next labor/management meeting will be held in July.










FEBRUARY 25, 2014


California State government will increase the amount it contributes to state employees’ PERS pensions starting in July 2014 and cities and other local government agencies will follow with increases in two years, to help cover the cost of benefits for retirees who are living longer. The California Public Employee Retirement Board approved new assumptions for the pension system on February 18, 2014 that will increase the pension rates.

Projections show workers are expected to live an average of as much as two years longer, driving up the cost of paying benefits to people until they die. Women retiring at age 55 in 2028 are expected to live to age 87. No specific figure was given for men in the report.

The rate cities, counties, and school districts pay for their employees will not change until 2016 and the increase will be phased in over five years, with added contributions over a 20-year period covering the extra cost for workers’ longer lives. For State employees the increases will be
phased in over three years and will cost the State $3.7 billion on top of its $45 Billion in long term unfunded pension liabilities.  The vote on the increased rates carried by a 7 – 4 margin.

The new rate increases for cities and counties will be phased in over 5 years and are on top of additional rate increases already set for 2016. “Together, they are going to cause serious service reductions”, said Chris McKenzie, executive director of the League of Cities. It was noted that the increased pension costs played a significant role in Stockton, San Bernardino, and Vallejo filing for bankruptcy protection, McKenzie said.

Some pubic safety employees will have to pay more toward their pensions under the Board’s action. The increase could be as much as 0.75% of their salary. Cal-PERS expects other government employers to impose, or bargain, for higher employee contributions as the higher rates are implemented.

CalPERS’ assumptions are based on earning a 7.5% return on the pension fund’s investments. The projected rate of return was left unchanged by the Board on February 18, 2014.   Keep in mind that CalPERS, with few exceptions, earns more than the 7.5% assumption on its investments which continues to call into question the need for the rate increases.




Latest Update and Questionaire Link

















Under what circumstances will a supervisor be required to allow an employee to be accompanied by an MVCEA representative during a meeting with the employee?


General Rule of Law


Under established case law employees have the right to MVCEA representation during an interview with the employer which the employee reasonably believes may result in discipline or which involves significant employment matters within the scope of representation.  The employee may invoke this right at any time even after the meeting has begun and the discussion causes the employee to now believe there is a need for representation.  (The employee may have the meeting delayed and rescheduled to allow the employee’s representative to be contacted and attend the meeting.) 




In 1975 the U.S. Supreme Court decided the leading case in this area, National Labor Relations Board v. J. Weingarten, Inc. , 420 U.S. 251.  The case involved the interrogation by a supervisor of a clerk who was suspected of theft.  During the interrogation the employee asked for but was denied the presence of her union representative.  The Supreme Court held that the employee’s rights, granted by the Labor Management Relations Act, had been violated.


The Weingarten decision has been cited repeatedly by both federal and state courts on the issue of employee discipline conferences.  The case has been interpreted as establishing the rule that employee representation must be allowed for interviews which are investigatory in nature and which give rise to an employee’s reasonable belief that discipline will follow.  Two issues arise from these interpretations:


  1. When is an interview considered “investigatory” in nature?


2.   When is it “reasonable” for an employee to believe that the interview will result

      in discipline?


The Ninth Circuit Court of Appeals addressed these issues in 1978 in the case of Alfred M Lewis, Inc.  v. National Labor Relations Board, 587 F. 2d 403.  The court extracted language from this case citing approval in the Weingarten decision.  In the Alfred M. Lewis case the court distinguished between the conference which is convened merely for the purpose of informing the employee that disciplinary action is being imposed, as opposed to the conference which is held for the purpose of seeking admissions or justifications from the employee.  The court stated:



“If the meeting is disciplinary in character, but explanatory in the sense that the employee is only told what the employer intends to do and does not call upon the employee to defend himself, no representation need be provided.”


Therefore, it is clear that the federal cases extend to employees the right to the presence of a union (MVCEA) representative at a meeting with the employer which is investigatory and which will probably lead to discipline.  It must be noted, however, that these cases are based upon the federal labor statutes.  California courts and the Public Employment Relations Board have also interpreted the above Weingarten case in light of state law and provided further instruction on the issue.  One example would be Social Workers Union, Local 535 v. Alameda County Welfare Department.  In this case the court applied the Weingarten decision under the Meyers-Milias-Brown Act.  This act extends to local government employees the right to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations.  The court held that this statute granted local government employees the right to have an association/union representative at a meeting concerning an employee’s wrongdoing.  Thus, the Supreme Court approved application of the Weingarten rules to California State labor laws.




It is clear from established case law that employees must be allowed to have an MVCEA representative accompany them to meetings with a supervisor when the meeting is:


  1. Investigatory in nature and,
  2. Will probably result in discipline




  1. Involves a discussion of an important employment matter within the scope of

      employee representation


MVCEA employs a labor relations consultant with 40 years of experience in representing employees in disciplinary matters.  Our consultant is backed up by the most experienced public sector labor law firm in California.  MVCEA members are encouraged to contact any MVCEA Board member or our consultant John Adams (951) 244-9919 directly at any time you feel the need for representation and support in dealing with management in employment relations matters or if you simply have questions about your employment rights.






May 20, 2013


In early 2012, MVCEA members completed questionnaires on their priorities for a new agreement with the City.  In the questionnaires you told us that salary increases, reinstating merit increases, ending or reducing the furlough, and keeping medical insurance affordable were the top priorities.  Using the information from the questionnaires, the MVCEA Board of Directors developed a meet and confer proposal and entered into negotiations with the city’s representatives. In June 2012, the MVCEA membership voted to approve a three-year memorandum of understanding (MOU) on wages, benefits, and terms and conditions of employment.  Included in that MOU was an annual reopener which allowed additional negotiations on the following subjects:


  • ·         Merit Increases
  • ·         Wages
  • ·         Benefits
  • ·         Updates to Personnel Rules
  • ·         Furloughs
  • ·         Increases in City Contributions toward 2013 Medical Insurance Premiums
  • ·         Any other topic of mutual agreement


Pursuant to this provision in the MOU, MVCEA reopened negotiations with the City on all subjects.  At the same time the MVCEA Political Action Committee had opened up lines of communication with the Mayor in January 2013.  After several meetings the Mayor raised the issue of the furloughs, layoffs, and the MVCEA proposals under our reopener.  A series of discussions took place and the parties exchanged proposals and ideas on working conditions and compensation for FY 2013/14.  The Mayor brought the Human Resources Director into the process and after numerous exchanges City representatives made their last, best and final offer.  As has been the practice of MVCEA since 1991 that offer is presented to the MVCEA membership.  The offer must be approved by a vote of the MVCEA membership and then adopted by the City Council for the process to be complete.  The MVCEA membership voted 105 to 50 to ratify the agreement.


The offer ratified by the MVCEA membership is the best offer the City made to MVCEA.  Given the financial resources available the City Council wanted to restore work hours, give a pay raise, and keep medical insurance affordable, especially for families who already must pay a portion of the insurance premium in addition to the City’s contribution.


Since 1991 the MVCEA membership decides to accept or reject the City’s offer, not the MVCEA Board.  While employees in other jurisdictions continue to receive no increases or economic relief this year, MVCEA has accomplished the near impossible by cutting the furloughs and putting additional money in your pocket to help with the rising cost of living.  The acceptance of this package is and will remain a decision of the membership, not the MVCEA Board.  Many issues and some details remain and MVCEA will continue its discussions with the Mayor and management to obtain adjustments where possible.  If you have work schedule issues specific to your assignment consult with your representative so we can continue to pursue these issues.





MAY 15, 2013



Click on link to get to documents









APRIL 24, 2013


As a result of the November 2013 City Council election, two incumbent City Council members who had been supportive of City employees in the past were no longer on the City Council.  Essentially, the MVCEA political action program had to start from scratch establishing relationships and new lines of communication with the entire City Council.  As part of that process the MVCEA PAC Committee reached out to the newly elected officials and began meeting with the new Mayor, Tom Owings.  Through this ongoing dialog we learned that the Mayor was not anti-city employee and he gained a level of respect for the dedication of rank-in-file employees and the hard work they continue to perform in spite of the reduction in the workforce, furloughs, layoffs and compensation reductions.  Even under the adverse budget conditions of the last four years MVCEA members were continuing to provide a high level of service to the community.

MVCEA representatives were able to emphasize to Mayor Owings the sacrifices our members have made during the recession, and we endured cuts and made concessions that were far beyond the cuts implemented for police, fire and management.  As a result (at least in part) of our discussions with the Mayor we will now see budget balancing through cuts in management positions, reductions in non-patrol police positions, and the closing of unnecessary fire stations.  This approach will redirect revenue to begin restoring the compensation, jobs and service cuts that impacted MVCEA members over the last four years.

Moreno Valley is still facing some serious budget challenges for FY 2013/14 and FY 2014/15.  While we hope raids on local government revenue by the State are subsiding, the loss of redevelopment funds caused layoffs and presented numerous problems.  PERS rates will continue to climb on an annual basis for the foreseeable future and no relief is expected from medical insurance premium increases through 2014.

Even under these adverse conditions MVCEA has been able to negotiate a tentative agreement under the re-opener provisions of our MOU.  This will begin the road to economic recovery for our members two years earlier than was anticipated at the beginning of this year.  Attached for your review is the proposed agreement. 

Ratification meetings will be held in Council Chambers on THURSDAY, MAY 9, 2013, AT 8:30 AM AND 10:00 AM to vote on the agreement.





Click on this link for a copy of the Tenative Agreement









Here is a copy of MVCEA's contract with John Adams








If you would like to see the MVCEA By-Laws (FULL VERSION) click this link for the PDF







Board of Dicrectors Update


Click on link for a copy of the PDF











If you or someone you know would like a yard sign of one of our canidates please email Nick Henderson with your address.  He will contact you and make sure you get one.













Fall Membership Meeting Link







SEPTEMBER 10, 2012




The California State Assembly passed the long anticipated PERS reform bill on August 31, 2012.  Assembly Bill 340 will cover state, county, special districts, schools, and city employees under PERS and STRS.  The effective date of this legislation is January 1, 2013.  The unusual timing on the passage of the bill most likely is related to the desire of state elected officials to put this feather in their caps before the November election.


AB 340 will have a significant impact on both safety (police and fire) and non-safety employees who are hired on or after 1/1/13.  Your retirement formula for your current and past employers under PERS will not be changed by this legislation.  If you leave your current public employer to go to work in another agency under PERS you will come under the new formula and retirement regulations for all service time after 1/1/13 with the new employer.  The new formula for those hired after 1/1/13 will be 2.5% @ 67 for non-safety employees.  All pensions under 2.5% @ 67 will be based on the average of the employees three (3) highest years of PERS earnings.  To determine ones pension under 2.5% @ 67 you multiply the average of your three highest years of earnings (while under 2.5% @ 67) times the number of years of service using the following formula:


AGE AT RETIREMENT                                  PERCENTAGE

62                                                                 2.00%

63                                                                  2.13%

   64                                                                   2.267%

    65                                                                    2.40%   

67                                                                   2.50%


The new retirement law also caps retirement benefits at $110,100 per year.  Employees hired after 1//1/13 will be required to pay ½ of their pension costs.  Effective 1/1/13 employees will no longer be allowed to purchase years of service credits under any retirement formula.  Employees under their current PERS formula may also be impacted annually by rate adjustments pursuant to the yearly actuary and the amount of return PERS receives on investments.  It is possible that employers will try to pass a portion of any PERS rate increases along to employees.  Current employees will be impacted significantly in their carrier mobility because if you go to work for a new public agency you will be under the new 2.5% @ 67 formula.  Over time with a less attractive pension benefit there could be a decline in the caliber of employees seeking government employment.  While employers will receive a budget windfall with lower pension costs, employees will now need to add this loss along side of the reductions already experienced due to revenue losses and budget reductions.


The Labor Institute (UCLA) will be conduction a briefing on the new retirement law in the near future.  An additional update will be issued once all the ramifications of this new retirement law are known.








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Council Districts Map











JUNE 29, 2012


Republican lawmakers in Sacramento were blocked this week from bringing public pension cuts to a vote in the senate as Democrats announced a budget agreement with Governor Brown.  The Republicans pushed for a vote on June 21, 2012 to adopt Governor Brown’s proposed pension cuts but were blocked by a vote pretty much along party lines.

Senate Democratic leader Darrell Steinberg said the party is busy with budget issues and they plan to take up and modify the Governor’s proposal for pension reform in the future which we are interpreting to mean 2013.

Governor Brown has proposed an extensive pension reform plan that would significantly reduce PERS benefits for future employees and also for current employees in some areas.  Those who are currently retired have their pension benefits protected by Federal law.  Brown’s plan would increase the retirement age to 67 for new hires and have all employees pay more toward their pensions and retiree health benefits.  No studies have been done to project what the increased worker’s compensation costs will be for a workforce that must continue employment until age 67.  New employees would be under a hybrid defined contribution 401 (k) type plan that could result in employee pension benefits rising and falling based on investment options selected and the stock market.  It could be somewhat difficult to plan for retirement when you won’t know how much money will be in your 401 (k) fund at any point in the future.

Those pushing for pension reform are hoping to build momentum for a statewide initiative because voters approved pension cuts in San Diego and San Jose.  Neither city is in the PERS pension system.  Conveniently, those pushing the reform do not want to discuss the unfunded liability and rob Peter to pay Paul approach of social security which most experts agree is headed for bankruptcy in the near future.  It is more expedient to blame all government economic woes on the public employees who provide vital services demanded by the citizens of our state and cities.  Our sin is to have a pension plan that allows a reasonable retirement after 25 years + of service to the public and our communities.

PERS is the nation’s largest public pension system which stands to reason since California is the largest state in population.  The fund covers 1.6 million employees and retirees.  Depending on who you listen to, PERS has an estimated $85 billion unfunded liability.  That means the potential cost of all benefits owed by the system over the next 30 years is $85 billion more than the current assets (plus 7½% investment earnings) on hand.  This does not of course account for the fact that the employers and employees are continuing to make their contributions to the system every pay period and in most years the PERS projected investment earnings (7½ %) have been exceeded significantly every year except for 3 of the last 30 years.  Considering the ongoing employer and employee contribution plus investment earnings the system is solvent according to actuarial experts.

Still the PERS pension system and its cost remains a target of the extremists who want to focus the blame for the State budget shortfall on public employee pensions.  They want to ignore the impact of the recession, spiraling welfare rolls, increased state spending on new projects, and the annual “Smoke and Mirrors” approach to balancing the state budget used by state lawmakers.  It is more expedient to blame those public employees who day in and day out provide the services that John Q Citizen demands.  We will not dispute that the cost of public safety (police and fire) pensions (3%@50) has become unsupportable.  Local government cannot pay in excess of 40% of payroll toward pension benefits and have public safety costs consume 80%+ of the entire general fund budget without facing bankruptcy.  Placing the blame for high pension costs on non-safety employees is inaccurate, unfair, and will not resolve budget shortfalls.

Our Association will need to intensify our efforts in the political process both at the local level and by engaging State elected officials on pension and compensation issues.  There are those who would deny our right to remain in the mainstream of the economy and prevent us from earning a livable wage so we can support our families.      




Click on Link to View CAL-PERS Medical rates for 2013






The Tentative MOU presented to the membership for ratification for 2012/2013 has passed.  After including the final absentee ballots this afternoon, the final results of our vote today are as follows:  151 Yes, "0" No.  This is going to Council on June 12th for final approval.  If you have any questions, please contact one of your board members.
Thank you all so much for participating in this process. 






MVCEA Tentative Agreement


Click on link to view the Tentative Agreement 



 Let us know what you think. 










Included in the MVCEA meet and confer proposal was a request that the City cancel all phase II layoffs scheduled for July 2012.  This proposal was made in accordance with the MVCEA membership’s questionnaire response reflecting concerns about protecting jobs in negotiations with the City.  

At the March 27, 2012 meet and confer session management announced that the City Manager was recommending to the City Council that all phase II layoffs be canceled.  If the City Manager’s recommendation is approved by the City Council all 5 MVCEA unit employees originally scheduled for layoff in Animal Services and Tech Services this July under phase II will keep their jobs.  We expect this to be presented at the 4/24/12 Council meeting.  This recommendation still leaves two positions in the MVCEA unit and one management position from Special Districts scheduled for layoff.  (The original Deficit Elimination Plan only included one position from the MVCEA unit in Special Districts.)  It does appear that one employee may be able to secure a current opening for a Maintenance Worker I/II, and MVCEA will continue to work on securing a position for the one remaining employee in the unit facing layoff in July 2012.  

MVCEA commends the City Manager for his decision to support our goal of protecting jobs.  Hopefully the revenue picture will also allow for the recall of employees laid off under phase I in 2011.


Negotiations are continuing for a new MOU.  MVCEA met with management’s team on 4/5/12, and our next meeting is scheduled for 4/16/12.  Increases in fuel prices and inflation in general make salaries the top priority.  The MVCEA negotiating team is working hard to address this.  We will keep you updated as progress is made.  MVCEA has indicated that we are sensitive to the ongoing budget challenges and appreciate the decision to not implement additional layoffs.  A balance is needed that will address the significant increase in the cost-of-living and at the same time protect jobs.  We believe that a less aggressive approach to rebuilding reserves will allow the City to return to a strong fiscal position and also offset the impact of spiraling prices on employees.  We will keep you updated as progress is made.

Some additional news of interest – government employee labor agreements in the local area:  Riverside’s SEIU unit contract includes no COLAs for 2 years (7/2011 to 6/2013), with a “me too” clause that would attach if the other units negotiated better terms.  The County of Riverside negotiated a 57-month contract from 3/2012 to 12/2016 which includes four 2% COLAs during the four years of the contract, but employees will be paying their own PERS.


A question was raised related to the scope of the donation of annual leave time to other employees.  After consulting with the Human Resources Director it has been confirmed that Section 7.10 (C) of the personnel rules addresses the question as to whether leave time can be donated to be used in the event an employee needs to miss work to care for a family member and not just for illness/injury of the employee.  

Section 7.10 (C) reads as follows:
LEAVE DONATION:  Up to 24 hours of annual leave may be voluntarily donated from one employee to another out of humanitarian need when the recipient employee has no leave accrued per approval by the Human Resources Director.  No more than 480 total hours of leave may be donated to an individual employee.                   

Annual leave can be taken to care for immediate family members, allowing voluntary leave donations to assist an employee who must attend to an urgent health need for an immediate family member is consistent with the City’s Personnel Rules and Regulations.  MVCEA wanted to make our members aware that this option is available, and clarify that this new application of the leave donation rule is allowed.


The purpose of our previous newsletter regarding PERS reform was strictly informational regarding the governor’s proposed legislative changes.  We do not expect that all the points of his reform plan will be passed, and want to reassure our members that any changes are not expected to be retroactive.  The pension plan you have worked for and earned remains intact.  Pension benefits are legally protected under the Employee Retirement Income Security Act (ERISA) so they cannot be altered or demised retroactively.  Employers can alter pension benefits prospectively, subject to state law, but not retroactively based on ERISA restrictions which override any conflict with state laws or state pension actions.

The proposed changes are for the future, and are more specifically, focusing on new hires.  The one item that is of most concern to MVCEA is whether the City will be legally restricted from paying for the employee share of PERS.  This is another item that is of the highest priority during this negotiations process.  We are working hard to make sure our members are taken care of.


This information is also available at








MARCH 14, 2012

After a review of the input on the meet and confer questionnaires returned by the MVCEA membership the MVCEA Board of Directors approved a proposal for the negotiations of a new MOU for the 2012/13 fiscal year.  Our first negotiation session with the City was held on March 13, 2012.

With gasoline prices threatening to hit $5.00 per gallon and all consumer goods to follow an upward trend because of the higher fuel costs, we must approach these negotiations with a sense of urgency to increase salaries.  While we can appreciate that the City has lost significant amount of its revenue in the past three years, our members cannot continue to absorb a loss of income through furloughs and not receiving cost-of-living and merit salary increases.

We expect a difficult negotiation process.  A strong resolve will be needed if we are to restore lost purchasing power and for our members to remain in the mainstream of the economy.  The MVCEA Political Action Committee has been and will continue to be communicating with elected officials in an attempt to keep our compensation issues fresh in their minds.

During contract negotiations rumors will abound.  If you hear a rumor about negotiations do not pass it on.  Get the facts by checking with any member of the MVCEA negotiating team or call our consultant John Adams directly (951) 244-9919.  Keep in mind that in the MOU negotiations nothing is final until everything is final.  For that reason the negotiators do not want to give specific detail on a specific benefit or salary increase amount; however, they certainly can confirm if a particular rumor has any foundation in fact or not.  Always keep in mind that whatever the City’s best and last offer is will be presented to the MVCEA membership and you will vote to accept or reject the offer.


















Conference & Recreation Center Ballroom

11:30 a.m. to 1:00 p.m.      



Please be advised we have been granted one hour (not one and one-half hours) of release time, which can be combined with your lunch break, to attend the Winter Luncheon and Membership Meeting.  If you are unable to attend the Winter Luncheon and Membership Meeting, you would only get your normal lunch break.



Lunch is being catered by Max’s Deli.  The menu includes:

  • ·       Pork loin stuffed with feta cheese and sun dried tomatoes
  • ·       Garlic mashed potatoes
  • ·       Candied carrots
  • ·       Pumpkin cupcakes with pumpkin cream cheese frosting



NEW THIS YEAR…Holiday Cookie Bake-off.  Submit your favorite cookie. Cookies will be judged, prizes awarded, then your cookies will become dessert for our Winter Luncheon and Membership Meeting.  Please call Kathy Savala, x3703, for further information.










Conference & Recreation Center Ballroom

11:30 a.m. to 1:00 p.m.        


One hour of release time has been granted for you to attend and we received approval for one release time for the entire membership.


All MVCEA members are cordially invited to attend our third annual winter luncheon and membership meeting.  You are entitled to one hour of paid release time to attend this meeting and along with your regular lunch break.


If you require a vegetarian meal, please contact Kathy Savala by November 29, 2011.


The prize drawings will begin at 12:00 noon.  MVCEA members need not be present to win in the prize drawings.



NEW THIS YEAR…Holiday Cookie Bake-off.  Submit your favorite cookie. Cookies will be judged, prizes awarded, then your cookies will become dessert for our Winter Luncheon and Membership Meeting.  Please call Kathy Savala, x3703, for further information.





  2. FOOD
  3. FUN






Here is the Link to the Luncheon Flyer if you want to download it.








8:00 AM and 10:00 AM



As part of the 2011/12 MOU the City is implementing a VEBA program that allows employees to save pre-tax dollars through payroll deduction to pay for medical expenses after retirement including health insurance premium amounts not paid for by the employer.  These monies are also available to be used while still employed.

Under the Cal-PERS medical insurance program you are guaranteed access to medical insurance after retirement if you qualify for a PERS retirement.  The employer must contribute a minimum of $112 dollars per month toward the medical insurance premiums for retirees.  For employees hired before 9/30/11 MVCEA has negotiated for the City to pay an additional $318.73 per month toward premiums for a total of $430.73 per month.  This group is also eligible to participate in the new VEBA program on a voluntary basis beginning 1/1/12.  The City will not be making a contribution to the VEBA program for this group of employees because it is already obligated to pay the $430.73 per month.

Employees hired on or after 9/30/11, because they will only receive the Cal-PERS minimum of $112 from the City toward retiree medical insurance premiums, will also receive a $75 per month City contribution into the VEBA plan beginning 1/1/12.


Employee contributions to the VEBA program fall into two categories for those who opt to participate in the program.

  • A preset amount of salary (pre-tax) deducted from each paycheck.  The amount must be the same for all MVCEA members who elect to participate.
  • At retirement a percentage of accumulated annual leave hours will be converted to dollar equivalents and placed in the employees VEBA account.  These hours will not be subject to income tax while other leave payoffs are taxed at retirement.

At the 11/9/11 meeting there will be 2 items the membership needs to determine.

  • Should MVCEA participate in the VEBA program on a voluntary basis?  This will not obligate any one individual to participate, but will offer the opportunity to the group.

  • For those participating should the deduction amount be $10 per pay period and 20% of accumulated annual leave at retirement?

MVCEA members will vote on 11/9/11 to approve the amount of the salary deduction and the amount of annual leave conversion at separation or retirement.  MVCEA is recommending that both the salary amount and the annual leave conversion into the VEBA be conservative at the onset of the program.  All employees who elect to participate in the VEBA will have a $4.45 per month deduction from their salary which is an administrative fee paid to the program administrator for maintaining the accounts.  MVCEA is recommending that the salary deduction amount for those who voluntarily elect to participate in the VEBA be $10 per pay period ($260 per year).  

The $4.45 per month administrative fee will be deducted from this amount leaving $206.60 per year in pre-tax dollars being invested in the plan.  MVCEA is recommending that 20% of accumulated annual leave at retirement be converted to dollars and placed in the employees VEBA.  Again this money is not subject to income tax.

If the membership decides to establish the VEBA program each individual will need to complete a form indicating whether they “themselves” wish to participate or not.  There will be a period of about two weeks for members to submit this form once it is made available by Human Resources.



Link to Current Consumer Price Index  10-20-11









The agreement entered into between the City of Moreno Valley and those employees designated as “Non-Exempt” who are represented by the Moreno Valley City Employees Association (MVCEA) covers provisions related to Fiscal Year 2011-12.  The following is a list of provisions agreed to between the parties.




The term of this agreement shall be July 1, 2011 through June 30, 2012.  



Effective January 1, 2012, employees who are hired prior to September 30, 2011, are enrolled in the City’s CalPERS medical insurance program, have family coverage and are covered by this agreement will receive an increase of $50.00 per month to the City’s flexible benefit contribution for all full time employees.  

Employees hired on or after September 30, 2011, will receive Tier III reduced City’s flexible benefit contribution (cafeteria benefit bank),            as follows:

         a.   Full-time employees: $787.50/mo. and $9,450/yr.

         b.   Part-time employees: $318.75/mo. and $3,825/yr.  


The City will correct the City’s Personnel Rules and Regulations reference to IRS Section 414 (h) (2) for pretax payments of employees’ member contribution to CalPERS for new hires after on or after July 1, 2009.

MVCEA unit employees laid off and on a recall list will be reinstated under the same retirement benefits (including cost sharing levels) when recalled as they were under at the time of lay-off.

The City will amend its contract with CalPERS and revise the City’s Personnel Rules and Regulations Sections 14.15, 14.20 and 14.25 to implement a reduction in the retirement benefits (Attachment A), and thereby creating a Tier III. This Tier III includes reduced benefits for employees hired on or after September 30, 2011, as follows:

a.  Retirement Benefits Formula:   2% @ Age 55 Benefit and Average of 3  

    Highest Years of Compensation.


    b.  Retiree Medical: Provide access to the City’s group rates, guaranteed

         coverage. The City will only pay the PERS Retiree Medical Insurance  

         monthly access fee for eligible employees. The City will not pay any

         monthly contribution for medical insurance premium. The City will

         pay $50.00 per month towards the employees’ Voluntary Employees’

         Benefits Association (VEBA) account for retirement health insurance

         expenses. Employees must serve a minimum of five years of  

         full-time employment with the City, in order to become vested and

         eligible to use their VEBA account upon retirement.


The City will revise the Personnel Rules and Regulations to state that effective September 30, 2011, newly hired full-time employees will have a maximum accrual cap of 800 hours and will accrue annual leave according to the following schedule:

Years of Service: 0-5 Years 6-10 Years 11+ Years

Accrual Rate: 176 216 256


The City will revise the Personnel Rules and Regulations Section 3.45, in order to implement seniority as the main basis for the order of layoff and recall, and extension of the recall period from 2 to 3 years effective with the June 30, 2011 layoffs per the attached revised policy statement (Attachment B). Policy change to be effective for layoffs and recalls.

The City will maintain adherence to the elimination of temporary employees and consultants prior to layoff of full-time career employees when possible.

In the event of reduction in force, no new employees will be hired until employees on a recall list or scheduled for a layoff who are available, possessing the required, qualifications and capable and of performing the assignments of the position being filled have been offered the assignment (position).

MVCEA unit employees to be laid off or on a recall list shall be afforded cross-training necessary to allow him/her to fill a vacant position for which they generally meet the minimum qualifications.


City offices will be closed between Christmas and New Years Day.  The City will grant 27 hours of Holiday time to full-time MVCEA unit employees for 12/23/11, 12/26/11, and 1/1/12 for those accruing leave, at a rate of 9 hours per day. Employees may apply this Holiday Leave, and/or other leave, to cover their normal workdays during the holiday closing.


The City will amend its contract with CalPERS to exempt temporary employees in the job classifications of Crossing Guard and Recreation Aide. This will not affect the CalPERS membership of any temporary employee who is in a Crossing Guard or Recreation Aide position and who is already a member of CalPERS prior to the effective date of the contract amendment.


Effective July 1, 2011, all new employees will be required to have direct deposit for payroll, or to apply for this service through the City’s bank; if they are accepted by the City’s bank, they agree to participate. If the employee is denied this service by the City’s bank, the direct deposit requirement for payroll will be waived.


The City will revise the Personnel Rules and Regulations Section 6.06 Overtime Compensation B. Non-Exempt and Part-time Employees, to state the following: “Employees in these categories may accrue compensatory time to a maximum cap of 180 hours.”  


The City and MVCEA agree that merit pay increases will not be provided to employees who are covered by this agreement during the term of this agreement.

Any merit pay increase frozen for employees during the entire period of FY 2008/2009 through FY 2011/12, are not to be retroactively credited, owed or otherwise be held for the future or credit, and are therefore forfeited and terminated. The City may, however, decide to implement merit pay increases for employees when the City can afford to do so, subject to the meet and confer process.


The City and MVCEA agree that no Cost of Living Adjustment (COLA) pay increases will be provided to employees who are covered by this agreement during the term of this agreement. A 2% COLA pay increase is being deferred for employees who are covered by this agreement during the term of this agreement.

Any COLA increases deferred for employees during the entire period of FY 2008/2009 through FY 2011/12, are not to be retroactively credited, owed or otherwise be held for the future or credit, and are therefore forfeited and terminated. The City may, however, decide to implement COLA’s pay increases for employees when the City can afford to do so, subject to the meet and confer process.


Beginning on July 1, 2011 and ending on June 30, 2012, MVCEA unit employees will continue the 10% (208 hours) work furlough that was in effect during fiscal years 2009/10 and 2010/11.


The City and MVCEA agree to meet during Fiscal Year 2011-12 to discuss the following two items: 1) Develop long-term strategies to fairly implement merit pay increases after the City’s economic and budget recovery; and 2) Review the rehire procedure and rehire compensation levels.


In the event during the term of this agreement the City grants additional compensation or benefit improvements or reduces the concessions described in this agreement for other non-safety employees of the City, MVCEA unit employees shall receive equal considerations and compensation adjustments.


The City and MVCEA agree to a reopener clause specific to any changes in law affecting pension reform that would have a net impact on the compensation of MVCEA membership.


The terms, conditions and provisions of prior agreements shall remain in effect unless modified by this agreement. The MVCEA Memorandum of Understanding for Fiscal Year 2010-11 shall remain in force through July 26, 2011.


The City and MVCEA acknowledge that this Memorandum of Understanding shall not be in full force and effective until ratified by the bargaining unit and signed by the Mayor and City Manager of the City of Moreno Valley.  Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and Association, and entered into this 26th day of July, 2011.


Richard Stewart, Tony Macias,

Mayor President

Henry Garcia, Joe Lara,

City Manager Vice President


Michelle Dawson, Sandra Contreras,

Assistant City Manager Treasurer


Richard Teichert, Frank Martinez,

Financial & Administrative Director

Service Director


Sonny Morkus Nick Henderson,

Human Resources Director Director

Attachments: A. Personnel Rules and Regulations Sections 14.15, 14.20
                       and 14.50 Regarding Retirement Benefits
  B. Personnel Rules and Regulations Section 3.45 Layoff,