MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF INDIO AND THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, LOCAL 777, COACHELLA VALLEY PUBLIC EMPLOYEES (LIUNA) RELATING TO GENERAL EMPLOYEES JULY 1, 2004 - JUNE 30, 2007

INTRODUCTION

This comprehensive Memorandum of Understanding (MOU) represents all matters concerning those wages, hours, and other terms and conditions of employment between the City of Indio, (the "City") and the General Employee Unit (Laborers’ International Union of North America {LIUNA}), hereinafter referred to as "General Unit" and is applicable only to the classifications set forth in Article 2.

ARTICLE 1. RECOGNITION

The General Unit is the only recognized employee organization with the right to meet and confer in good faith on behalf of employees of the City employed in those certain classifications set forth in Article 2.

ARTICLE 2. CLASSIFICATIONS WITHIN UNIT

The General Unit shall consist of the classifications of Accounting Clerk, Accounting Technician, Administrative Assistant, Administrative Specialist, Administrative Technician-Code Enforcement, Animal Control Officer, Community Improvement Officer, Data Entry Technician, Engineering Technician, Equipment Operator, Executive Assistant (Police), Facilities Maintenance Worker, Graffiti Technician, Inventory Assistant, Mechanic, Mechanic Assistant, Meter Reader, Meter Technician, Office Assistant, Office Specialist, Parks/Landscape Coordinator, Program Specialist (Human Resources, Water), Public Works Inspector, Senior Animal Control Officer, Senior Center Project Coordinator, Senior Human Resources Specialist, Senior Mechanic, Senior Meter Reader, Senior Street Maintenance Worker, Senior Water Service Worker, Signal Technician II, Street Maintenance Worker, Water Pumping Plant Operator, and Water Service Worker.

Classifications added (or deleted) by City Council resolution action and designated as being assigned to the General Unit in the resolution shall be considered as a part of this section even if not specifically mentioned in the above language.

ARTICLE 3. NON-DISCRIMINATION

The parties mutually recognize and agree to protect the rights of all employees herein to join and/or participate in protected Unit activities or to refrain from joining or participating in protected activities in accordance with the Employer/Employee Relations Resolution 3173 (2-1-79) and Government Code Section 3500 et. seq.

The City and the General Unit agree that they shall not discriminate against any employee because of race, color, sex, gender, age, national origin, religious creed, sexual orientation, ancestry, physical disability, mental disability, medical condition, marital status, political or religious opinions or affiliations. The City and the General Unit shall reopen any provision of this Agreement for the purpose of complying with any order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti-discrimination laws.

ARTICLE 4. COMPENSATION PLAN

4.1 Salary Schedule

Employees shall be paid at rates set forth in Exhibit A, Salary Range Per Job Class. New employees shall be paid at the range allocated to the occupational class for which the employee has been hired. Employees may be placed at any salary level within the range depending upon the employee’s qualifications.

4.2 Cost of Living Adjustment

At the commencement of contract year two (2), July 1, 2005 through and including June 30, 2006, each LIUNA employee will receive a cost of living adjustment that is a minimum of two percent (2%) and a maximum of four percent (4%) based upon the April 2005 LA/Riverside/Orange County Consumer Price Index (CPI) report.

At the commencement of contract year three (3), July 1, 2006 through and including June 30, 2007, each LIUNA employee will receive a cost of living adjustment that is a minimum of two (2) percent and a maximum of four (4) percent based upon the April 2006 LA/Riverside/Orange County Consumer Price Index (CPI) report.

4.3 New Salary Step - July 1, 2005

Effective July 1, 2005, one (1) new salary step representing a five percent (5%) pay increase, a new Step 8, will be added to the City’s pay plan for all LIUNA occupational classes.

4.4 New Salary Step - July 1, 2006

Effective July 1, 2006, one (1) new salary step representing a five percent (5%) pay increase, a new Step 9, will be added to the City’s pay plan for all LIUNA occupational classes.

4.5 Salary Advancement

Advancement to a next higher merit increase step may be made after a twelve (12) month interval from the hire date or the date of the last merit increase, whichever is most recent, based upon continued satisfactory service. There shall be a salary increase at the end of six (6) months’ employment if the employee starts at Step 1 of the salary range and the employee receives a competent or higher overall rating on his/her evaluation. Thereafter, the employee shall be eligible for a performance evaluation and merit salary increase at twelve (12) months, based upon continued satisfactory service.

4.6 Merit Step Increases

Employees shall receive their merit increase on their merit review date, unless their supervisor has recommended a denial of the merit increase prior to the merit review date. Denial of a merit increase must be based upon an overall below standard rating on the employee’s performance evaluation issued prior to the merit review date.

The City’s decision to deny a merit increase is subject to the grievance procedure. It is understood that in such a grievance the grievant may grieve both the denial of the merit increase and the performance evaluation which resulted in the denial of the merit increase. However no other aspect of the evaluation process is subject to the grievance procedure. When an employee is denied an increase, he/she may be reconsidered for such advancement at any subsequent time with a satisfactory evaluation.

The employee shall in any event have the right to attach a written rebuttal to the performance report, and the rebuttal shall become part of the City’s personnel records on that employee.

4.7 Pay Rates on Promotion, Demotion, Transfer, Reinstatement or

Reclassification

4.7.1 Salary on Promotion

Any employee promoted to an open position in a class with a higher salary range shall be placed on Step 1 in the new higher range or placed at the step which provides at least a minimum five percent (5%) salary increase for the employee, not to exceed the highest merit increase step of the new range. The employee‘s merit review date shall change to the effective date of the promotion for consideration in subsequent years.

When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion indicate that a higher merit increase step would be in the City’s best interests, upon written recommendation of the department head, the City Manager may authorize payment of a salary at a higher merit increase step in the salary range.

4.7.2 Salary on Demotion

When an employee is demoted, his/her salary shall be placed at the step rate in the lower pay range which provides the smallest decrease in pay if the action is not for cause, or any appropriate step rate in the lower range that is less than existing salary if the action is for cause. The employee’s merit review date shall not change.

4.7.3 Salary on Transfer

When an employee is transferred from one position to another position in the same class, or to another position in a classification having the same salary range, he/she shall be compensated at the same step in the salary range as he/she previously received. The employee’s merit review date shall not change.

4.7.4 Salary on Reinstatement

An employee who resigned in good standing may, within one (1) year of such resignation and upon recommendation of the Department Head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to a vacant budgeted position. Denial of reinstatement is not subject to the grievance procedure. Upon such reinstatement, the employee shall not receive a salary higher than the step in the salary range the employee previously received prior to the employee’s separation. The employee shall be given a new merit review date, as if a new hire.

4.7.5 Salary on Reclassification

When an employee is reclassified to a higher classification, the employee shall be placed on Step 1 in the new higher range or placed at the step which is a minimum five percent (5%) salary increase for the employee, whichever is greater, not to exceed the highest merit increase step of the new range. The employee’s merit review date shall change to the effective date of the reclassification for consideration in subsequent years.

4.8 Working Out of Class

No employee shall be required to perform duties which are not closely related, both in kind and in level of responsibility, to duties formally assigned to positions within their job class except on a short-term, temporary or emergency basis.

Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that which the employee is currently assigned, the employee shall receive at least an additional five percent (5%) compensation above his/her existing base pay rate or the minimum of the “out of class” salary level (whichever is greater) after the employee exceeds twenty (20) cumulative working days working out of class within a six (6) month period of time.

An employee appointed to an acting appointment or working out of class shall be eligible to receive pay for merit step increases in his/her permanent position during the time period he/she works out of class, but shall not be eligible to receive pay for merit step increases in the acting/temporary assignment position in which he/she is working.

An employee may not work more than one hundred twenty (120) working days in an acting capacity except with the written authorization of the City Manager or designee. The employee selected to work out of class must provide his/her written consent to perform in the acting capacity and shall also indicate acknowledgement that he/she will be returned to his/her appropriate salary range and step upon return to his/her normal position.

4.9 Overtime and Compensatory Time Off (CTO)

4.9.1 Authorization

No overtime work shall be performed without the prior approval of the employee’s Department Head or immediate supervisor.

4.9.2 Compensation

For eligible employees in the General Unit who are not FLSA exempt, overtime is compensated at one and one-half (1-1/2) times the employee’s regular rate of pay, as defined by the Fair Labor Standards Act (FLSA).

Compensation may be in the form of pay or compensatory time off (CTO), with the employee having the option of choosing which they wish to receive. If an employee chooses compensatory time off, the accrual cannot exceed the maximum balance of one-hundred twenty (120) hours. Any hours earned in excess of one-hundred twenty (120) hours will automatically be paid by the City as overtime in the pay period in which the hours were submitted by the employee.

4.9.3 Use of Compensatory Time

Except in the case of an emergency, an employee wishing to utilize his/her accrued compensatory time off shall submit his/her request in writing for supervisor authorization at least ten (10) days prior to the date(s) he/she wishes to take off. Such requests shall be subject to Department staffing requirements and will not be denied unless the employee’s absence is unduly disruptive to the City’s operations. In the event a compensatory time off request is denied, the employee shall be entitled to be paid for the hours of compensatory time he/she would have used if he/she chooses.

Note: The one hundred twenty (120) hour accrual balance is floating, which means that the hours can build back up once an employee has used the time; however, a maximum of only one hundred twenty (120) hours may be on the books as compensatory time at any one time.

4.9.4 Multiple Requests for Compensatory Time Off

When the City receives multiple requests for the same time period, and granting of all or any of such requests would be unduly disruptive to the City’s operations, the City shall determine which of the competing requests, if any, shall be granted based on seniority. Seniority shall be determined first by time in a classification, or if the employees are employed in different classifications or have spent the same amount of time in one classification, then by time in the Department.

4.10 Longevity Incentive Pay Program Eliminated as of July 1, 1994

The existing Longevity Pay program was eliminated effective July 1, 1994. Previously, the City offered longevity pay in the following manner: two and one half percent (2.5%) @ ten (10) years, five percent (5%) @ fifteen (15) years, and seven and one half percent (7.5%) @ twenty (20) years. In the interest of fairness to existing employees, employees presently on a longevity pay step (L1, L2 or L3) would be "made whole" by continuing to receive their current Longevity Pay stipend for the duration of their employment with the City, however there would be no further movement along the Longevity Pay step scale (if at L1 step, the employee stays there) and any existing employee not currently receiving Longevity Pay would be ineligible for the program.

4.11 Special Assignments and Special Pay Practice

4.11.1 Confidential Secretarial Positions Designated

(See side letter attached as Exhibit B)

The City and the General Unit agreed to establish a separate confidential secretarial employee classification with a pay scale five percent (5%) above current existing salary schedules for those designated as confidential employees for purposes of labor relations as outlined in the City's Employer/Employee Relations Resolution (Office Specialist-City Manager, Program Specialist-Human Resources, Senior Program Specialist-Human Resources).

Confidential Unit members would not be eligible to participate in labor negotiations as a member of the negotiating committee nor any type of involvement/participation of labor negotiation’s before a tentative agreement and may not attend any membership meetings once the Unit’s negotiating request has been submitted to the City (generally February 1, annually) until such time as a tentative agreement is submitted for a ratification vote by the total membership or impasse has been declared. Confidential Unit members retain the right to membership in the union representing the General Unit employees and have the express right and ability to purchase union benefits available through union membership.

4.11.2 Licenses/Certificates

The City agrees to pay for the cost of required licenses/certificates (as required to maintain and perform job duties and based upon employee passing), for certain employees in the Water Division and Public Works Department. All employees hired into the Water Division and Public Works Department that require certification must meet certification requirements within one (1) year of employment. The Department Head has discretion to extend the certification requirement period based upon State regulations and/or employee’s good faith effort to obtain certificate.

4.11.3 Compensation for Required Safety Shoes

Specific employees whose work may expose them to the danger of foot injury will be reimbursed for the cost of safety shoes. The City agrees to pay the whole cost for the City designated safety shoe (chosen by the Director of Public Works) or contribute up to $180.00 towards the cost of an employee's safety shoe of personal choice that meets the City’s safety standards. Employees will be ordinarily entitled to replace the shoes every twelve (12) months, except that should an employee's work render the shoes ineffective for purposes of foot safety in a period of time less than twelve (12) months, that employee may replace the safety shoes as needed. Employees shall use the safety shoes only for City work related activities and shall properly maintain them.

4.11.4 Compensation for Specialty Tools

Equipment Mechanics shall continue to provide their own basic tool set and to provide the City with a list of said tools. The City will buy any specialty tools required by Equipment Mechanics above and beyond said basic set and such tools shall remain the property of the City, under City control. Employees utilizing such City tools shall be responsible for them while in the employee's custody. The City shall replace, at the City's cost, specialty tools that are stolen or damaged by mechanics in the performance of their duties and will replace, at the City’s cost, employees’ own basic tool set provided a list of said tools have been provided to the City.

4.11.5 Spanish Bilingual Translator Pay

This provision shall apply only to those positions who are departmentally designated and certified Spanish translators. Employees must pass a proficiency examination established by the City in order to be certified as a Spanish translator. The employee shall receive an additional stipend compensation of twenty five ($25.00) dollars per pay period above the employee's regular compensation during the period of such designation as translator, providing the employee is performing all the significant duties of the special assignment.

4.11.6 Testing for Spanish Bilingual Translator Pay

The City agrees that any General Unit employee may participate in the proficiency examination when given by the City, and, if he/she passes, may have his/her name placed on an eligibility list for two (2) years. Testing for the eligibility list and for those to maintain the pay will be every two (2) years. However, the City reserves its right to have each department designate those employees it determines will perform all the significant duties of the special assignment and thereby, will be eligible for the bilingual translator pay.

4.12 Standby and On-Call Time

Standby or on-call time as pertains to an employee is defined as that time period when an employee must be immediately available for duty during off-duty hours. Employees will receive a cell phone or pager and must be able to respond back to a call as soon as possible and be able to return to work or the site of a need for service within forty-five (45) minutes of being called up. Employees on call cannot drink alcohol and must ensure that they remain in a location where they can receive a pager or cell phone call. An employee who does not respond to a pager or call can be subject to discipline. Employees may trade on-call responsibilities with their supervisor’s permission.

Compensation for standby or on-call time will be at the rate of two (2) hours pay at current pay scale for each eight (8) hours an employee spends on standby status. The above refers to approved standby or on- call for miscellaneous field employees (Public Works Department and Community Improvement Officers) and applicable members of the Police Department only.

4.13 Emergency Call-Back

Emergency call-back is differentiated from being called back from standby status in that an employee is not required to be on standby but may be contacted under emergency circumstances on a “per chance” basis. “Per chance” means if the employee happens to be available when contacted, the method of contact not being defined. Any employee who is recalled to active duty from off-duty status shall be entitled to over time pay at the rate of one and one half (1-1/2) times the employee's regular rate of pay for the time actually worked after reporting to the place of duty, or to three (3) hours pay at the employee's normal hourly wage rate, whichever is greater. This provision shall only be applicable for employees whose regular work shift is completed and who have left the City premises and/or work location. It shall not apply to employees who are continuing on duty.

ARTICLE 5. PROBATIONARY PERIOD

5.1 Probation For New Employees

5.2

An employee initially appointed to a class shall serve a probationary period during which he/she shall have an opportunity to demonstrate suitability for the job. The initial probationary period shall be twenty-six (26) pay periods or one (1) year.

5.2 Probation Upon Promotion

An employee who has been promoted to a higher classification shall serve a new probationary period of twenty-six (26) pay periods or one (1) year. An employee who fails probation in a classification to which he/she has promoted into will be entitled to be reinstated to his/her previous classification if there is a vacant and budgeted position available in the classification. The employee does not have the right to bump out a current employee who has filled his/her previous position.

5.3 Extension of Probation

Under certain conditions, with the approval of the City Manager or designee, the probationary period may be shortened or extended. Absences from work for any reason during the probation period shall result in an automatic extension of the probationary period by the same number of days the employee was absent. The employee shall attain regular status in the class upon successful completion of the probationary period. Prior to that time, the employee shall serve at the will and pleasure of the City.

5.4 Unsatisfactory Probation Period

If a probationary employee’s initial probation period has not been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the Personnel Action Form, may authorize the dismissal of the employee. The probationary employee may be dismissed at any time without cause and without the right of appeal or grievance.

5.5 Probation Upon Re-employment

Any employee who leaves City employment and is subsequently rehired must serve a new probationary period as provided in the above section.

ARTICLE 6. INSURANCE

6.1 Health Insurance

Full-time employees in this unit will be given a monthly cafeteria plan allowance of four hundred seven ($407.00) dollars for single medical coverage, five hundred forty five ($545.00) dollars for two-party medical coverage, and six hundred fifty ($650.00) dollars for family medical coverage. Employees will be allowed to spend this cafeteria plan on medical, dental, and other available insurance options or deferred compensation or credit union account, or take as cash. The employee has the ability to spend the full amount of the contribution.

On October 1, 2005, the monthly cafeteria plan allowance will be increased to four hundred fifty seven ($457.00) dollars for single medical coverage, five hundred ninety five ($595.00) dollars for two-party medical coverage, and seven hundred ($700.00) for family medical coverage.

On October 1, 2006, the monthly cafeteria plan allowance will be increased to five hundred seven ($507.00) dollars for single medical coverage, six hundred forty five ($645.00) dollars for two-party medical coverage, and seven hundred fifty ($750.00) dollars for family medical coverage.

6.1.1 Cafeteria Plan

The City of Indio provides its employees with a flexible Cafeteria Benefits Plan. Cafeteria Plan funds are designed to be used by the employee for the selection of those benefits most desirable to the employee. Benefit options available to the employee include various medical insurance programs, dental insurance, group term life insurance (additional coverage above fifty thousand ($50,000.00) dollar policy), deferred compensation programs, deductions to the Riverside County Federal Credit Union, and any other additional benefits which may be offered by the City in the future.

6.1.2 Required Coverage

All City employees are required to have medical and dental insurance coverage on themselves. An employee may elect not to participate in the City's medical insurance program if he/she can provide proof of coverage to the City's satisfaction of coverage by other means, i.e., spouse, military or other source. Verification of coverage is to be provided every six (6) months on forms provided by the Human Resources Department. An employee must provide any requested information required for verification purposes. Employees who waive participation in the City's medical insurance program may not be eligible to re-enroll on the City's program until the next open enrollment period.

6.2 Vision Plan

The City agrees to a vision plan for LIUNA with the following conditions:

LIUNA will choose the plan.

Plan participation is totally voluntary for each member of the General Unit.

The City will not be charged any administrative costs whatsoever. However, City staff will ensure that payroll deductions for the plan will occur.

The premiums for the plan must include any administrative costs associated with the plan.

The premiums for the plan will be paid exclusively by participating General Unit members.

Deductions for the plan will be part of the City’s cafeteria plan.

6.3 Disability Benefits - Other than Workers’ Compensation

Any employee who is absent from work due to an illness or injury, other than workers’ compensation, may be eligible for Short Term Disability Insurance through the State of California. It is the responsibility of the employee to apply for such insurance.

6.4 Life Insurance

The City shall provide, at no cost to the employee, a group life insurance policy with a face value of fifty thousand ($50,000.00) dollars.

6.5 Long-Term Disability Insurance

The City shall provide, at no cost to the employee, a Long-Term Disability Insurance Program. This program contains a sixty (60) day benefit waiting period. (Note: The sixty (60) day elimination period is actual calendar days, not working days.)

ARTICLE 7. SENIORITY AND LAYOFFS

7.1 Purpose for Layoffs

For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of the City services may be required. Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any position or employment and the employee holding such position or employment may be laid off.

7.2 Seniority and Order of Layoff

Layoffs shall be by classification. Seniority, for purposes of layoffs, shall be determined first by time in the classification and, if time in the classification is equal, then by time in the Department. Before any full-time, permanent employees are laid off, the City shall first lay off all temporary and part-time employees within the affected employee classification.

If an employee is laid off, the employee shall have the right to bump an employee with less time in the Department in the next lower classification. If employee exercises bumping rights to a lower classification, said employee shall have the right to be the next person promoted to the classification from which they were laid off for a period of twelve (12) months from the effective date of the lay-off action.

Prior to instituting any layoffs, the City agrees to meet with the General Unit to discuss alternatives. The City has no obligation to agree to any alternatives suggested by the General Unit, nor must the City negotiate to impasse or utilize any impasse procedures before instituting layoffs.

7.3 Reinstatement List

Full-time permanent employees of the City who are laid off from the competitive service in good standing shall have their names placed on a recall list for a period not to exceed two (2) years from date of layoff, and shall be eligible for recall for any vacancies within the same position classification held by the employee, provided that the employee meets the minimum qualifications and is able to perform the duties of the job. Laid off employees applying for vacancies in other position classifications shall be given preference provided they meet the minimum qualifications for the position and are able to perform the duties of the job.

Once recalled, reinstated employees will be restored to the same seniority rights and benefits in effect for the employee at time of layoff, unless subsequent changes in the MOU have been made in the intervening time regarding a particular benefit, in which case the newer MOU language regarding benefit entitlement will take precedent.

7.4 Probation Following Layoff

Employees laid off while on probation must serve a new probationary period following reemployment. The initial probationary period shall be twenty-six (26) pay periods or one (1) year.

7.5 Payment for Accumulated Leave

The laid-off employee shall have the option of receiving payment for any accumulated vacation leave, compensatory time, or “frozen” sick leave with a cash value in accordance with the provisions of the MOU and respective City policies, at any time during the layoff period. Payment shall be made in one (1) full payment. An employee electing to defer automatic payment of these leave balances by the City must notify the Human Resources Department in writing of their choice. If payment is not selected at the end of the two (2) year period the City will automatically pay the employee the amount to which he or she is entitled. Once an employee elects payment of any balances, the payment will be subject to the provisions applicable for those programs in effect at the time of reinstatement.

ARTICLE 8. ATTENDANCE AND LEAVES

8.1 Attendance at Work; Absence Without Leave

Employees shall normally be in attendance at their work in accordance with all regulations regarding hours of work, holidays, and leaves. Departments shall keep daily attendance records of employees which shall be reported to the Finance Officer at the end of each bi-weekly pay period. Failure on the part of an employee absent without leave to return to work within twenty-four (24) hours after notice to return may be cause for dismissal.

8.2 Vacation

The purpose of annual vacation leave is to enable each eligible employee to return to their work mentally and physically refreshed. All employees are encouraged to use their accrued vacation time annually.

8.2.1 Eligibility

All employees shall be entitled to accrue vacation leave with pay except employees who work on a temporary or part-time basis.

8.2.2 Accrual

Vacation leave shall be accrued at the following rates:

Years of Service Hours/Pay Period Hours/Year

1

1 but less than 4 3.08 hours 80 hours

2

4 but less than 7 4.62 hours 120 hours

3

7 but less than 10 5.54 hours 144 hours

4

10 years 6.15 hours 160 hours

11 years 6.46 hours 168 hours

12 years 6.77 hours 176 hours

13 years 7.08 hours 184 hours

14 years 7.39 hours 192 hours

15 years and beyond 7.69 hours 200 hours

5

8.2.3 Vacation Accumulation

Maximum accrual shall be three (3) years’ accumulation at the current rate of earning for all employees covered by this compensation plan.

8.2.4 Termination Payment

Employees who terminate employment shall be paid in a lump sum for all accrued but unused vacation leave earned prior to the effective date of termination at employee’s current hourly rate of pay.

8.2.5 Vacation Buy-Back Option

Employees shall have the option of receiving vacation pay in lieu of paid time off with respect to fifty percent (50%) of all paid vacation earned each fiscal year. (Example: You have worked for the City for more than one (1) year but less than four (4), therefore you accrue eighty (80) hours of vacation per year. You would be eligible to receive fifty percent (50%) of the eighty (80) hours, or forty (40) hours of vacation pay.)

In addition, an employee must have utilized a minimum of forty (40) hours of vacation leave time in the fiscal year or will be using time within thirty (30) days of the “sell back” request in order to be eligible to request a "sell back" of accrued time on the books. The maximum vacation accrual amount and the amount of vacation time an employee can sell back to the City will remain as specified. Exceptions to this policy may be granted by the City Manager after consulting the appropriate Department Head in certain situations or where the employee, due to work requirements, may not have been able to utilize one (1) week of vacation leave.

8.2.6 Vacation Use

Department Heads shall arrange for employees under their jurisdiction to take vacation in accordance with the wishes of the employee involved and with a view to minimal interference with departmental activities. During the month of January of each year, employees shall have the option of submitting their "seniority" vacation requests. The supervisor shall post the scheduled "seniority" vacation list for the calendar year the first week of February. Those vacation requests will be granted by seniority, provided that for split or multiple vacation requests, only one vacation request per employee shall be granted by seniority. The employee will need to specify vacation he or she wants granted by seniority. Vacation requests made after January will be handled in accordance with the rest of the provisions of this section.

The supervisor responsible for approving vacation requests will make a determination within two (2) weeks of the date the request was submitted by the employee. Vacation is encouraged to be taken in one continuous amount rather than splitting into several parts, as it is likely to interfere with Department/City operations, if requested on a regular basis. Department Heads shall have the final decision in the assignment of vacation period.

8.3 Holiday Pay

The City of Indio observes the following holidays as legal holidays in which City offices are officially closed:

a. New Year’s Day

b. Martin Luther King Day

c. President's Day

d. Memorial Day

e. Independence Day

f. Labor Day

g. Columbus Day

h. Veteran's Day

i. Thanksgiving Day

j. Day after Thanksgiving

k. Christmas Eve Day

l. Christmas Day

m. New Year's Eve Day

When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on a Saturday, the previous Friday shall be observed as the holiday. On such Mondays or Fridays as on all holidays, City offices shall be closed with the exception of those departments whose operation is necessary to the public health and safety.