Loading...
RES-10967 Memorandum For Orange Police ManagementRESOLUTION NO. 10967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT EFFECTIVE JULY 1, 2015 THROUGH JUNE 30, 2017 AND REPEALING RESOLUTION NO. 10790 AND AMENDMENTS THERETO FOR SAID EMPLOYEES. WHEREAS, the City of Orange, hereinafter referred to as "City ", and the City of Orange Police Management Association, hereinafter referred to as the "Association" have met and conferred in accordance with requirements of the Meyers - Milias -Brown Act; and WHEREAS, the City and the Association have reached agreement on wages, hours and other terms and conditions of employment effective July 1, 2015 through June 30, 2017 and repealed Resolution No. 10790 and amendments thereto for said employees, as set forth in the Memorandum of Understanding; and WHEREAS, on November 10, 2015 the City Council of the City of Orange adopted Resolution No. 10897 A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the City of Orange Police Management Association effective July 1, 2015 through June 30, 2017; and WHEREAS, the City and the Association agreed to incorporate the provisions contained in the Letter of Understanding noted above into a new Memorandum of Understanding once both parties had an opportunity to review and concur on any and all language changes included in the new Memorandum of Understanding NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Agreement between the City and the Association is approved and incorporated by reference as Exhibit "A" as though fully set forth herein. ADOPTED this 9th day of November 2016. Tere4 E. Smith, Mayor, City of Orange ATTEST: Mary E. p , ity Clerk, City range STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a special meeting thereof held on the 9th day of November 2016, by the following vote: AYES: COUNCIL MEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Mary E. ; City Clerk, f Orange Exhibit "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE POLICE MANAGEMENT ASSOCIATION JULY 1 2015 THROUGH JUNE 30 2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE POLICE MANAGEMENT ASSOCIATION TABLE OF CONTENTS Article Page Number Title of Article Number I Recognition 1 I1 Non - Discrimination I III Salaries (Basic Compensation Plan, Merit Advancements,I Promotional Salary Advancement, Demotion) IV Working Out of Class 4 V Work Week 5 VI Overtime (Compensatory Time)5 VII Pyramiding 6 VIII Premium Compensation 6 IX Court Time g X Special Assignments and Special Pay Practice (Bilingual 8 Bonus, Shift Bonus) XI Career Development Program and Educational 10 Reimbursement XII Uniform Allowance 1 I XIII Holidays 11 XIV Vacation 12 XV Probationary Period 13 XVI Other Leaves of Absence (Leave Without Pay, Personal 13 Necessity Leave, Jury Duty and Witness Duty, Military Leave of Absence, Sick Leave, Family Leave, Sick Leave Payout Program, Bereavement Leave, Industrial Leave) Article Page Number Title of Article Number XVII Layoff Procedures 19 XVIII Insurance (Health Insurance, Flexible Benefits Plan, Life 21 Insurance, Retiree Medical Trust) XIX Retirement 23 XX Safety and Health Fitness 24 XXI Travel Expense Allowed 24 XXII Employee Organizational Rights and Responsibility 24 XXIII City Rights 25 XXIV No Strike 26 XXV Grievance Procedure 27 XXVI Sole and Entire Memorandum of Understanding 28 XXVII Waiver of Bargaining During the Term of this Agreement 29 XXVIII Emergency Waiver Provision 29 XXIX Separability Provision 29 XXX Term of Memorandum of Understanding 29 XXXI Ratification and Execution 30 Appendix "A"Monthly Salary Ranges M ARTICLE I RECOGNITION SECTION 1. Pursuant to the provisions of the Employer- Employee Relations Resolution No. 3611 of the City of Orange, the City of Orange (hereinafter called the "City "), has recognized the City of Orange Police Management Association (hereinafter called the "Association ") as the majority representative of the Management employee classifications of the Police Department as set forth in Exhibit "A." SECTION 2. The City shall recognize the Association as the majority representative of all employees in these classifications for the purpose of meeting its obligations under this Agreement, the Meyers - Milias -Brown Act, Government Code Section 3500 et seq., and the Employer - Employee Relations Resolution No. 3611 when City rules, regulations, or laws affecting wages, hours, and other terms and conditions of employment are appropriately amended or changed. ARTICLE II NON - DISCRIMINATION SECTION 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and /or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer - Employee Relations Resolution and Government Code Sections 3500 et. seq. SECTION 2. The City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer - related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Association shall reopen any provision of this MOU 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 MOU in compliance with Federal or State anti - discrimination laws. SECTION 3. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. ARTICLE III SALARIES SECTION 1. Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this resolution and its attachments. SECTION 2. Base salaries for employees covered by this agreement effective October 18, 2015 for non -sworn employees) and November 1, 2015 (for sworn employees), and June 26, 2016 (for non -sworn employees) and August 7, 2016 (for sworn employees) are listed in Appendix "A." If any other group of non - safety employees of the City of Orange receives salary increases that exceed the total value of those provided to non -sworn employees covered by this Agreement as set forth above, those non -sworn employees covered by this Agreement shall receive the same larger salary increases provided to the group of other non - safety employees of the City. The salary and wage schedules attached hereto shall constitute the basic compensation plan consisting of six (6) steps (seven (7) steps for Police Sergeant and Police Lieutenant) or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters "A" to "G" inclusive. The columnar heads at the top of each column shall establish the purpose of each step and the minimum length of service required for advancement to the next higher step, as provided in Section 6 hereof. SECTION 3. Administration of Basic Compensation Plan The compensation ranges and steps contained in the monthly salary schedule in the appendix hereof are monthly compensation rates. For all employees who have a regular weekly work schedule of forty (40) hours, the hourly rate of pay shall be the monthly rate times 12 divided by 2080 annual hours. In determining the hourly rate as herein provided, compensation shall be made to the nearest one- half (1/2) cent. SECTION 4. Beginning Rates The Police Chief, with the authorization of the Human Resources Director, may compensate a new employee at any salary step within the pay range depending upon the employee's qualifications. SECTION 5. Service The word service, as used in this Resolution, shall be defined to mean continuous, full -time service in the employee's present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements. A lapse of service by any employee for a period of time longer than thirty days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. Such an employee re- entering the service of the City shall be considered as a new employee, except that he may be re- employed within one (1) year and placed in the same salary step in the appropriate compensation range as he was at the time of termination of employment. SECTION 6. Advancement within Schedule The following regulations shall govern salary advancement within ranges: A. Merit Advancement An employee may be considered for advancement through the salary range upon completion of the minimum length of service. Advancement through the salary range shall occur in yearly increments and may be granted only for continuous, meritorious and efficient service, and continued improvement by the employee in the effective performance of his duties. A merit increase shall become effective on the first day of the pay period following completion of the length of service required for such advancement. 1) The Police Chief, or his designee, shall file with the Human Resources Director a completed performance evaluation recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. Disapproval by the Human Resources Director, together with the reasons therefore, shall be returned to the Police Chief. 2) The recommendation of the Police Chief and the approval of the Human Resources Director shall be forwarded to the Payroll division of the Finance Department for change of payroll status. B. Special Merit Advancements When an employee demonstrates exceptional ability and proficiency in the performance of his duties, the Police Chief may recommend to the Human Resources Director, with a completed performance evaluation, that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Resolution. The Human Resources Director may, on the basis of the Police Chief s recommendation, approve and effect such an advancement. C. Length of Service required when Advancement is denied When an employee has not been approved for advancement to the next higher step, he may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in the above paragraph of this section. SECTION 7. Reduction in Salary Steps Any employee who is being paid on a salary step higher than Step "A" may be reduced by one or more steps upon the recommendation of the Police Chief with the approval of the Human Resources Director. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such employee may be considered for re- advancement under the same provisions as contained in subsection (C) of Section 6. A proposed reduction in an employee's salary step is subject to Skelly /due process. SECTION 8. Promotional Salary Advancement When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification; provided that if such employee is already being paid at a rate equal to or higher than Step "A ", he may be placed in the step in that appropriate salary range as will grant him an increase of at least one (I), but no more than three (3) salary steps. SECTION 9. Demotion When an employee is demoted to a position in a lower classification, his salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the salary range for the classification to which demoted. SECTION 10. Reassignment of Compensation Ranges Any employee who is employed in a classification which is reassigned to a different pay range from that previously assigned shall be 3 retained in the same salary step in the new range as he has previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however: A. That if such retention shall result in the advancement of more than one (1) step, the Human Resources Director may, at his discretion, at the time of reassignment, place the employee in a step which will result in an increase of only one (1) step. B. That if the reassignment shall be to a lower compensation range, the 7" step of which shall be lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the new classification is assigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range. C. That if the reassignment is to a lower compensation range, the "I"' step of which is higher than the existing rate of pay of the employee, the employee shall be placed on that step of the lower compensation range which is equivalent to the employee's existing rate of pay. If there is no equivalent rate of pay, the employee shall be placed on the next highest step. The employee shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. SECTION 11. Direct Deposit City employees are required to participate in the City's direct deposit program. ARTICLE IV WORKING OUT OF CLASS SECTION 1. The City may work employees out of classification for up to four (4) consecutive working days without additional compensation. On the fifth (5th) consecutive working day the employee works out of classification and for each additional consecutive working day the employee works out of classification, he shall be paid additional compensation at Step "A" of the class to which he is assigned. In no event shall the employee be paid at a step of the class in which the employee receives less than a five percent (5 %) increase in pay. SECTION 2. Working out of class assignments shall only be made for positions vacated due to illness or an approved leave of absence. Working out of class assignments shall not be made for positions vacated due to resignations, terminations, and /or demotions. To qualify for working out of class pay, the employee must be performing all of the significant duties of the higher -level position. SECTION 3. The Police Chief shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. 4 ARTICLE V WORK WEEK The regular work week for all employees covered by this Agreement shall be forty (40) hours per week consisting of four (4) ten (10) hour work days. ARTICLE VI OVERTIME (COMPENSATORY TIME) SECTION 1. Straight -Time Overtime (Compensatory ime_) Effective July 1, 2005, the City shall no longer provide straight time overtime or straight time compensatory time to employees described herein. SECTION 2. Premium (Time and One -Half) Compensatory Time All overtime earned by eligible employees shall be accumulated at the premium (i.e., time and one -half) rate of pay, either in the form of cash or compensatory time. Eligible employees are defined as Police Sergeants, Police Records Manager, and Forensic Services Supervisor. SECTION 3. Lieutenant Overtime If a Police Lieutenant is assigned to a task force, special enforcement, or event funded by the state, federal government or private entity, and overtime worked under that program or event is paid and reimbursable at a rate of time -and- one -half, the City will pay the Police Lieutenant at that rate. The time - and - one -half rate is NOT applicable unless the outside contract allows for time - and - one -half and the City is reimbursed fully for that cost. SECTION 4. Payment upon Termination Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination. SECTION 5. Usage of Compensatory Time Previously Earned A. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the Chief of Police or his duly authorized agent. B. Accumulated compensatory time off shall be taken off by an employee when directed by the Chief of Police; provided, however, that the Chief of Police shall give fourteen (14) days prior notice to the date accumulated compensatory time off is to be taken. Compensatory time off upon direction of the Chief of Police shall be not less than ten (10) hours. C. In directing an employee to take accumulated compensatory time off, the Chief of Police will, as far as practicable, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the Police Department. SECTION 6. Call Back Compensation If employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, or when on a regular day off or any other day when they are not regularly scheduled to work, they shall be compensated in cash or in compensatory time off for actual hours of work with a minimum of three 3) hours call back compensation, regardless of whether the employee works less than three hours. Compensation shall be at the premium rate of time and one -half (1/2). Entitlement to call back compensation shall provide that an employee who is called back shall be regarded as having commenced actual hours of work thirty (30) minutes prior to arriving at the designated work location. This provision shall not apply to employees who are continuing on duty after the call back, provided that the regularly scheduled hours of work may not be adjusted within forty -eight (48) hours prior to the time they are scheduled to commence without the consent of the employee. This Article shall apply when an employee has been required to appear in court while off duty. ARTICLE VII PYRAMIDING SECTION 1. Pyramiding Whenever two (2) or more premium compensation rates or overtime rates may appear to be applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such premium or overtime rates and only the higher applicable rate shall apply. ARTICLE VIII PREMIUM COMPENSATION SECTION 1. Premium Compensation - Sworn and Related Personnel Premium Compensation shall apply only to the classifications of Police Sergeant, Police Records Manager, and Forensic Services Supervisor covered herein, when duly authorized in advance by the Police Chief or his designee. SECTION 2. Definition Premium Compensation work is defined as that authorized time worked in excess of the regular work day and/or work week, except that work amounting to less than fifteen (15) minutes in excess of an employee's regular work day shall not be considered overtime for any purpose. SECTION 3. Premium Compensation Premium Compensation work shall be accumulated at one and one -half (1-1/2) hours paid overtime or compensatory time off for each one (1) hour of overtime worked. Only time actually worked shall count in the computation of overtime, except that time off due to excused absence for holidays, accumulated compensatory time off, vacation and sick leave shall be counted toward the computation of overtime. Travel time to and from activities designated under this Article does not qualify for overtime. SECTION 4. All earned premium compensation for employees described in this Article may be credited to Accumulated Time Off (ATO) or paid in cash at the employee's option. Payment shall be made at the pay period following the exercise of the option. All premium Accumulated Time Off (ATO) may be accumulated up to a maximum of eighty (80) hours. All 2 accumulated ATO accrued in excess of eighty (80) hours at year end shall automatically be paid on the first pay period of the new calendar year. SECTION 5. Employees shall be entitled to receive payment for all accumulated time off or paid overtime upon their termination. SECTION 6. Premium Compensation work shall not apply to the earning of employee benefits such as retirement, holidays, vacation accrual, sick leave accrual, employee insurance benefits or toward the completion of a probationary period or to progression within a salary rate range. SECTION 7. Training Overtime All authorized training overtime shall be earned at the premium rate in the form of cash or credited to their Accumulated Time Off (ATO) bank, at the employee's option. Premium training overtime shall not apply to training sessions for SWAT, K -9, or the Crisis Negotiation Team, or to any training that is provided during the employee's regular, on -duty work schedule. SECTION 8. Police Sergeants, Police Records Manager, and Forensic Services Supervisor covered by this Agreement shall be entitled to receive premium compensation for attendance at duly authorized department and /or division staff meetings for all required hours of attendance at such meetings during "off duty" hours. Payment of said overtime is to be made in cash, and shall not be accumulated as compensatory time off. SECTION 9. Whenever two (2) or more premium compensation rates or overtime rates may appear to be applicable to the same hour or hours worked by the employees described in this Article, there shall be no pyramiding or adding together of such premium or overtime rates, and only the higher applicable rate shall apply. SECTION 10. In the event of circumstances beyond the City's control, such as Acts of God, fire, flood, insurrection, riot, national emergency or other similar circumstances, employees covered hereunder shall be entitled to only a straight time rate for non -FLSA overtime worked under such circumstances, i.e., time for which premium overtime compensation is not mandated by the Fair Labor Standards Act. The Governor or his designee must declare a state of emergency for this section to apply. SECTION 11. Administrative Leave Notwithstanding Articles VI, VII, and the above sections in Article VIII, employees classified as Police Captains or Police Lieutenants shall be provided no overtime compensation except as follows: 1) Effective January 1, 2006 and each January 1S thereafter, regular full -time employees classified as Police Captains or Police Lieutenants shall be provided with eighty (80) hours of paid administrative leave. Employees promoted after January 1S shall receive a prorated portion of the administrative leave during their first calendar year in their promoted position; 2) Administrative leave shall be charged at the rate of ten (10) hours for each day an employee is absent; in any instance involving use of a fraction of a day's administrative leave, the minimum charge to the employee's administrative leave account shall be one - quarter (1/4) hour, while additional actual absence of over one- quarter (1/4) hour shall be charged to the nearest one -half (1/2) hour; 3) Usage of administrative leave shall be at the convenience of the City with the approval of the Chief of Police; 4) Administrative leave shall be used in the calendar year in which it accrues; and 5) Administrative leave not used in the calendar year in which it is accrued shall be forfeited. ARTICLE IX COURT TIME SECTION 1. The parties agree to incorporate by reference existing departmental policies and written procedures covering the subject of court time. SECTION 2. Whenever an employee has been placed on "standby" or on an "on call" status while otherwise off duty in response to a subpoena relating to activities arising out of the course and scope of employment, the employee shall receive compensation therefor in cash at the straight time rate for three (3) hours irrespective of the duration of such "standby" or "on call" status. If an employee is ordered to continue on "standby" or "on call" status beyond 1300 hours (1:00 p.m.) the employee shall receive an additional three (3) hours in cash at the straight time rate irrespective of the duration of such "standby" or "on call" status. The provisions of this section shall apply to employees who are required, while otherwise off -duty, to be on stand -by or on -call so as to be available to testify in an official proceeding with regard to a matter arising out of the course and scope of employment. SECTION 3. Employees required to appear before the court during "off -duty" hours shall receive premium overtime compensation for the duration of the court appearance. ARTICLE X SPECIAL ASSIGNMENTS AND SPECIAL PAY PRACTICE SECTION 1. A. SWAT Team Effective May 1, 2014, Police Lieutenants and Police Sergeants assigned to the SWAT team shall receive an additional $200.00 per month in addition to their regular salary, for the duration of this assignment. The Chief or his designee may assign up to six 6) sworn employees (from the Police Lieutenant and Police Sergeant ranks) at any one time to the SWAT team. An assignment to the SWAT team is not considered permanent and said assignment to or removal from this unit is solely based upon the discretion of the Police Chief or his designee. It is understood that the department does not need cause or grounds for the removal of any employee from the SWAT team. Such removal is not considered to be a punitive action, and is not subject to appeal. 8 B. Special Assignment. 1) Merit Increases A Sergeant or Lieutenant will become eligible for a merit increase of one (1) salary step upon selection into a special assignment from a patrol position, unless the employee is already compensated at step "G" of the salary range prior to selection. Said employee paid less than "G" step salary after the merit increase is provided due to selection to a special assignment will then become eligible for a subsequent merit increase(s) after one (1) year from the date the merit increase was provided at selection to the special assignment. 2) Return to Patrol If at any time an employee is returned back to patrol from a special assignment, the employee will continue to receive the salary rate they earned when serving in their special assignment. 3) There is no probation period required in a special assignment and no permanency or seniority may be obtained in a special assignment. 4) All special assignments to positions set forth in this section shall be made or revoked at the discretion of the Chief of Police. SECTION 2. Bilingual Bonus Bilingual Bonuses will be designated by the Chief of Police based upon demonstrated need and frequency of use. The City shall contribute $225.00 per month to each employee designated to perform bilingual assignments. Employees receiving Bilingual Bonus compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department. This form of compensation, also referred to as "Bilingual Premium" shall continue to be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(4). SECTION 3. Shift Bonus All employees who are assigned to shifts that start between 1200 hours 12:00 p.m.) and 0600 hours (6:00 a.m.) and who are subject to shift rotation or permanently assigned to a shift commencing within the above time frame shall receive a three percent (3 %) bonus based upon the employee's base salary. Employees not subject to shift rotation and who are assigned shifts that start between 0600 hours (6:00 a.m.) and 1200 hours (12:00 p.m.) are not entitled to this compensation. Shift assignments shall be made or revoked at the discretion of the Chief of Police. For the purposes of this section, employees who are assigned to the "bicycle detail" shall be eligible for a three percent (3 %) shift bonus. Employees who are assigned to Motors shall be eligible for a three percent (3 %) shift bonus. This form of compensation, also referred to as "Shift Differential" shall continue to be reported to CalPERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System PERS) Regulations, Section 571(a)(4). SECTION 4. There shall be a base salary differential of at least 15% between Police Officer and Sergeant, Sergeant and Lieutenant, and Lieutenant and Captain. 0 ARTICLE XI CAREER DEVELOPMENT PROGRAM AND EDUCATIONAL REIMBURSEMENT SECTION 1. The Career Development Program will provide additional pay per month according to the amounts listed below. Sworn personnel in the Police Department shall be eligible for this additional monthly pay. Said pay differential and educational requirements, therefore, are as follows: REQUIREMENTS ADDITIONAL COMPENSATION A. POST Advanced Certificate and a Bachelor's degree $600.00* B. POST Advanced Certificate and Master's degree in area $725.00* related to law Enforcement or Public Management from an accredited university as approved by the City Manager or his /her designee Effective October 18, 2015, the Educational Reimbursement for POST Advanced Certificate and a Bachelor's degree increased from $550 to $600, and the Educational Reimbursement for POST Advanced Certificate and a Master's degree increased from $650 to $725. Police Sergeants promoted on or after July 1, 2008 from the COPA Base unit who do not possess a Bachelor's or Master's degree will receive the following per month for Career Development pay as provided by their prior (COPA Base) MOU: POST Intermediate and 30 -59 units = $100 POST Intermediate and 60 -89 units = $200 POST Advanced and 90 plus units = $270 The above forms of compensation, also referred to as "Educational Incentive Pay" or "Peace Officer Standard Training (POST) Certificate Pay," shall continue to be reported to Ca1PERS as special compensation, and therefore compensation eamable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2). SECTION 2. Educational Reimbursement The City will reimburse employees for the cost of tuition, textbooks, registration, health fees, and parking fees required for approved community college and college courses. Reimbursement will be provided for courses that are taken to satisfy requirements for attaining a degree, which is management- related. In addition, approved courses are those designated to directly improve the knowledge of the employee relative to his specific job, or a course that fulfills the requirements towards attainment of a degree in a job- related field, and must be approved by the Chief of Police and the Human Resources Director prior to registration. Reimbursement will be based upon the final grade received. Final grade of "C" or better qualifies the employee for 100% reimbursement up to the amount specified in Section 3 of this Article. Where a course is taken as "credit /no credit ", 100% reimbursement up to the amount specified in Section 3 of this Article shall be paid where a final grade of "credit" is received. 10 SECTION 3. Educational reimbursement payments to an employee shall not exceed one thousand five hundred dollars $1,500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed. ARTICLE XII UNIFORM ALLOWANCE SECTION 1. The City will purchase uniforms for all regular, full -time and part-time uniformed members of the Police Department. Uniform allowance reported to the Public Employees' Retirement System for sworn personnel shall be $477.00 annually and for civilian personnel shall be $238.00 annually. Uniform allowance is not considered pension reportable compensation for new members" hired after January 1, 2013, pursuant to PEPRA. SECTION 2. Safety equipment as designated by the Chief of Police and /or required by law will be provided by the City. SECTION 3. All uniforms and /or safety equipment purchased by the City shall remain the property of the City. ARTICLE XIII HOLIDAYS A. Effective January 1, 2006 and each January 1S thereafter, employees covered by this Agreement shall receive one hundred ten (I 10) hours of holiday accrual to be taken as time off or converted to cash. Accruals not used or converted to cash within the twelve (12) month period between January 1 st and December 31S shall automatically be paid in the first pay period of the following month. B. As set forth in this Memorandum of Understanding, the terms 'holiday pay' or 'holiday pay in lieu of time off' shall continue to be defined as cash compensation in the same amount the affected employee would have received had he taken the holiday off with pay. This includes the individual's base salary and all additional amounts payable with the base pay which are accepted by PERS as reportable compensation for purposes of pension benefit calculation including all attendant forms of premium pay and other additional cash. C. Employees assigned to classifications covered by this Agreement after January 1S shall receive prorated holiday accruals, one - twelfth (1/12) of their holiday accrual for each month remaining in the twelve (12) month period between January 1S and December 31 st SECTION 2. Employees required to work on the below listed holidays ( #1 -9) shall receive double pay or the equivalent time off for hours worked on the holiday in excess of the ten (10) hour shift. Employees shall receive no other compensation for working on a holiday. 1) January 1S (New Year's Day) 2) The third Monday in February (President's Day) 3) Last Monday in May (Memorial Day) 4) July 4th (Independence Day) 5) First Monday in September (Labor Day) 6) November 1 lth (Veteran's Day) 7) Fourth Thursday in November (Thanksgiving Day) 8) Fourth Friday in November (Day after Thanksgiving) 9) December 25 (Christmas Day) 10) Two floating holidays (as provided in Section 1 A above). ARTICLE XIV VACATION SECTION 1. All full -time regular employees covered by this Agreement who shall have one (1) year continuous service shall thereafter be entitled to a vacation as follows: After Year(s) of Service Vacation Hours Per Year 1 92.00 2 102.00 3 112.00 4 122.00 5 132.00 After completion of the fifth (5th ) year of continuous service, all full -time regular employees described herein shall accrue an additional four (4) hours of vacation per year up to a maximum of two hundred and thirty -two (232) hours of vacation after thirty (30) years of continuous employment with the City. Beginning the 31s' year of service, employees shall receive two hundred and fifty two (252) hours of vacation annually. SECTION 2. Vacation shall be taken at the convenience of the City with the approval of the Police Chief or his duly authorized agent and, where possible, such vacation should be taken annually. Vacation hours in excess of hours earned in the immediately preceding twenty -four month period may be accumulated with the permission of the Police Chief and the Human Resources Director. Employees shall cease accruing vacation hours once their accrual has reached the accrual limit. The accrual limit shall be defined as the equivalent number of hours earned in the immediately preceding twenty -four (24) month period. Accrual of vacation will initiate again once the accumulated vacation hours fall below the accrual limit. The City will provide a warning to the employee before cessation of vacation accrual occurs. SECTION 3. Each employee may, during the 2015 -16 and 2016 -17 fiscal years, convert up to 33% of the amount of vacation the employee earns during each applicable fiscal year into cash in lieu of the time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Sections 1 and 2 above, and may so convert twice in a calendar year, within the cap provisions stated above. SECTION 4. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Pro -rated vacation shall 12 be on the basis of one - twelfth (1/12) of the employee's annual vacation pay for each full month of service. ARTICLE XV PROBATIONARY PERIOD SECTION 1. An employee initially appointed to a class shall serve a probationary period during which he shall have an opportunity to demonstrate suitability for the job. For all employees herein, the initial probationary period shall be twenty -six (26) pay periods. An employee who has been promoted to a higher classification shall be on probation for twenty -six (26) pay periods. Under certain conditions, with the approval of the Human Resources Director and the Police Chief, the probationary period may be shortened or extended. SECTION 2. The employee shall attain regular status in the class upon successful completion of the probationary period. SECTION 3. Any probationary employee shall be entitled to appeal termination or demotion action in accordance with the Grievance Procedure set forth in this Agreement. SECTION 4. Probation Period Re- Hires Any employee who leaves City employment and is subsequently re -hired must serve a new probationary period as provided under Section 1. ARTICLE XVI OTHER LEAVES OF ABSENCE SECTION 1. Leave Without Pay A. After all available leave benefits have been completely used, a regular employee not under suspension may make application for leave without pay. B. If the Police Chief and Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other leave benefits. No employment benefits shall accrue to any employee on leave of absence without pay. C. At the end of such leave, if the employee desires additional leave, written application must be made to the Human Resources Director, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant same. If in the Human Resources Director's opinion such additional leave is merited, and would still preserve the best interests of the City, he may approve same for a period not to exceed an additional six 6) months. If the employee does not return to work before or at the end of the leave of absence or any extension thereof, the employee shall be terminated. D. An employee on leave of absence must give the City at least seven (7) days' written notice of his intent to return to work. During a leave without pay in excess of five (5) working days, no seniority shall be accumulated. Such leave shall be granted on the same basis for 13 pregnancy, childbirth and other medically related conditions, except that such an employee shall retain her seniority rights. E. Any employee who engages in outside employment during said leave of absence without permission of the Chief of Police or his duly authorized agent may be subject to termination. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence. F. Notwithstanding Subsection (A), a regular employee not under suspension may make application to the Police Chief or his designee for Leave Without Pay for injury or illness not determined to be compensable under the Workers' Compensation Act. The employee must use all available sick leave up to a maximum of sixty (60) calendar days prior to Leave Without Pay being granted. G. At the convenience of the City with the approval of the Police Chief or his duly authorized agent, an employee will have the option to use all or part of his available sick leave, vacation and /or ATO prior to taking Leave Without Pay for the purpose set forth in Subsection (F). SECTION 2. Personal Necessity Leave Employees may be allowed up to one (1) working day per month without pay for personal business with approval of the Police Chief. Employees shall accrue no employment benefits for any personal necessity leave in excess of one (1) day per month. Such personal necessity leave shall be without pay and shall not be accumulated from month to month. SECTION 3. Jury Duty and Witness Duty When required to serve on a jury, all employees shall have time off for a period of actual service required on the jury. Employees shall receive their regular pay while serving on jury duty, provided all jury fees paid to the individual employee, less automobile expenses allowed, are turned over to the City. If an employee is called as a law enforcement witness, he shall receive normal pay upon the payment of any witness fees that accrue to the employee for his witness services. SECTION 4. Military Leave of Absence If an employee is required to take military training two 2) weeks or more each year, he /she shall be entitled to military leave of absence under the provisions of State law, found in applicable sections of the Military and Veterans' Code. An employee must provide a copy of his /her military orders to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case -by -case basis, with final approval of the Human Resources Director. SECTION 5. Sick Leave Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following: A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service. B. All non- benefitted employees shall receive sick leave as required by State Law. C. Sick leave will be charged at the rate of ten (10) hours for each day an employee is absent. 14 D. Any employee eligible for sick leave with pay may use such leave for the following reasons: 1) Medical and dental office appointments during work hours when authorized by the Police Chief or his authorized agent; and /or 2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions; and /or 3) Notwithstanding subsection (2) above, no employee shall be eligible or entitled to sick leave with pay for any illness or injury arising out of and in the course of City employment, except as set forth in Sections (G)(1)(b) and (G)(2)(c) of this Section, as set forth below. 4) Family Leave Forty -eight (48) hours per calendar year (non - cumulative) may be used for an absence caused by illness or injury of any employee's immediate family. Immediate family" as used in this subsection is limited to any relation by blood, marriage, or adoption, who is a member of the employee's household (under the same roof), and any parent, substitute parent, parent -in -law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. 5) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a). E. Any employee who engages in outside employment during sick leave without the permission of the Police Chief or his duly authorized agent may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying the request for leave of absence. F. Sick Leave Application Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one - quarter 1/4) hour, while additional actual absence of over one -half (1/2) hour shall be charged to the nearest one - quarter (1/4) hour. The Police Chief shall be responsible for control of employee abuse of the sick leave privilege. Employees may upon prior notice be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness. G. Sick Leave Payout Program Sick Leave shall be paid at the current rate of pay and be paid off according to the following programs: 1) All sick leave accrued prior to January 1, 1992 shall fall under the following payout program: 15 a) Accumulated sick leave balances as of December 31, 1991 shall be set aside in a designated sick leave account and no further accumulation will be placed in this bank. This accumulated sick leave will be available for the employee's use according to the provisions outlined in subsections C 1), 2), and 3). b) Subject to the provisions of Section 7(E), upon retiring from City service for any reason, including but not limited to industrial disability retirement, and entering the Public Employees' Retirement System, an employee shall receive fifty percent (50 %) of all accrued sick leave. Payment will be based upon the employee's current pay rate at the time of retirement. C) Upon the death of an employee while employed by the City, one hundred percent (100 %) of all accrued sick leave benefits accrued prior to January 1, 1992 shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. 2) All sick leave accrued after December 31, 1991, shall be placed in a new accrual bank, shall have no maximum accrual amount, and shall be paid at the current rate of pay; however, any hours accumulated in excess of three hundred fifty -two (352) hours shall not be eligible for any of the following payout programs: a) Employees with accumulated sick leave balances of less than three hundred fifty -two (352) hours, combining both sick leave accounts in the calculation to determine eligibility, shall fall under the following payout provision: Employees who use less than three (3) days (30 hours) of sick leave during the current calendar year period shall be eligible to cash out, or credit to their accumulated vacation, sixteen (16) hours of their accumulated sick leave. Sixteen (16) hours will be deducted from their new accumulated sick leave bank. The employee must file a sick leave payout designation form by the last pay period of each calendar year in order to receive the sixteen 16) hours in either cash or vacation accumulation beginning January 1993 and each subsequent January. However, no hours will be converted to vacation if said conversion places the employee's vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead automatically be converted to cash. Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage during the previous payroll calendar year. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. b) Employees with accumulated sick leave balances of three hundred fifty- two 352) hours or more, combining both sick leave accounts in the calculation to determine eligibility, shall fall under the following payout provisions: 16 A full -time employee may convert unused sick leave from the calendar year max. 96 hours) to cash or accumulated vacation at a rate of fifty percent 50 %) of their current pay rate. For example, an employee who uses no sick leave during the calendar year may forfeit that ninety -six (96) hours of accumulated sick leave in exchange for forty -eight (48) hours of pay or accumulated vacation. The employee must file a sick leave payout designation form by December 31 St of each calendar year in order to receive the remaining unused sick leave in either cash or vacation accumulation beginning January 1993 and each subsequent January. However, no hours will be converted to vacation if said conversion places the employee's vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead automatically be converted to cash. Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage during the previous payroll calendar year. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account. C) Upon service retirement or industrial disability retirement from employment with the City and entering the Public Employees' Retirement System, an employee shall receive pay for 50% of all unused sick leave hours. d) Upon separation of employment from the City for any reason other than retirement as noted in the preceding paragraph, for sick leave hours accumulated after December 31, 1991, an employee shall receive no pay for the first one hundred (100) hours (0 to 100 hours) of accrued sick leave, but shall receive twenty -five percent (25 %) pay for up to the next one hundred 100) hours, (101 to 200 hours) of accrued sick leave and fifty percent 50 %) pay of any remaining accrued sick leave up to one hundred fifty -two 152) hours (201 to 352 hours). e) Upon the death of an employee while employed by the City, one hundred percent (100 %) of all accrued sick leave benefits up to three hundred fifty - two (352) hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee. SECTION 6. Bereavement Leave Paid bereavement leave is provided for the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, is limited to any relation by blood, marriage, or adoption, who is a member of the employee's household (under the same roof) and any parent, substitute parent, parent -in -law, grandparent, grandchild, aunt, uncle, spouse, child, brother or sister of the employee, regardless of residence. Days of absence due to bereavement leave shall not exceed three (3) consecutive working days per incident. Bereavement leave shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform WA his immediate supervisor, within a reasonable period of time, may be cause for denial of leave with pay for the period of absence. SECTION 7. Workers' Compensation Workers' Compensation benefits will be provided as follows: A. Safety Personnel Salary continuance for safety personnel will be provided in accordance with the current State of California's Department of Workers' Compensation Laws and regulations. B. Civilian Personnel Civilian employees shall be granted temporary disability leave of up to 365 days in the event of a job related injury or illness. When a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first 30 days starting from the date of injury. The employee will then receive 80% of salary for up to an additional 335 calendar days. Temporary disability leave in excess of 365 days will be provided subject to current State regulations. Thereafter, the regular temporary disability Workers' Compensation rate will apply. C. Modified Light Duty Work Programs An employee may be eligible for a temporary modified light duty assignment while recovering from an injury or illness. The availability of the assignment depends on the restrictive nature of the injury or illness and the availability of light duty. This assignment is subject to approval of the Human Resources Director and Police Chief. D. Course of Employ Should it be determined by the employee's doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers' Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued, or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to above. E. Physician Pre-Designation Before a work related injury, an employee may elect to pre- designate a qualified medical provider if done in accordance with the Department of Workers' Compensation. Pre - designation regulations include but are not limited to the following criteria: 1) The physician has a previous history of directing the medical treatment of the employee; 2) The physician retains the medical records and history of the employee; and 3) The physician agrees to treat work - related injuries or illnesses in accordance with the regulations. F. Fringe Benefits The City will continue to provide vacation, sick leave, insurance, and other fringe benefits for employees who qualify for workers' compensation. Any fringe 18 benefits not paid by the City pending the determination of whether an injury /illness is job - related shall be paid retroactively if the injury /illness is subsequently determined to be job - related. In such instances the employee shall be reimbursed for any benefit or premium payments made by the employee prior to the job- related determination being finalized. G. Industrial Disability Retirement Effective October 18, 2015, an employee granted an industrial disability retirement shall be entitled to participate in the Sick Leave Payout Program set forth in Section 5(F) of this Article. H. Outside Employing . Any employee who engages in outside employment during said leave of absence without the permission of the Police Chief or his duly authorized agent may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying the request for leave of absence. ARTICLE XVII LAYOFF PROCEDURES SECTION 1. Purpose. The purpose of this article is to establish and communicate the City's procedures when a layoff or reduction in force is necessary. All Divisions or assignments within the Department are subject to layoffs or reductions in force at the direction of the City Manager. SECTION 2. Policy The City retains the right to abolish any position, reduce the work force and lay off employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity of a position no longer exists. The following criteria shall be followed during a layoff or reduction in force: SECTION 3. Procedure A. The order of layoff or reduction in force within the Department and by classification shall be in the following order. 1) Probationary employees 2) Regular full -time employees B. The order of layoffs and reductions in force shall be based on seniority within the classification, then Department seniority, as calculated by the Human Resources Director. C. Whenever an employee is to be laid off, he may transfer or demote to a vacant position in a lower classification that he previously held within the Police Department. The employee may also transfer or demote to a vacant position in any other Department provided that: 1) The position is the same or lower classification. 2) The position is authorized, budgeted and the City intends to fill the vacancy. 3) The employee meets the qualifications of the new position. K D. Whenever an employee is to be laid off, he may transfer or demote to a filled position in a lower classification within the Police Department provided that he: 1) Previously held or supervised a position in the lower classification. 2) Meets or can reasonably meet the qualifications for the new position as determined by the Human Resources Director. 3) Possesses greater seniority with the Police Department to displace an, employee in the lower classification. 4) Requests the demotion in writing within seven (7) days of receiving the layoff notice. 5) Such demotions or transfers shall be from classification to classification without regard for previously held special assignments. Employees have no right to assume a previously held special assignment. 6) Management employees who demote or transfer to a lower classification may not displace another employee in a special assignment unless that employee is laid off due to the order of layoff as established per Section 3A. Management employees demoted or transferred to a lower classification as a result of layoff or reduction in force shall be re- appointed to vacancies in the previously held higher classification based upon the employee's seniority as calculated in Section 3 B. E. Employees from other Departments may not fill vacancies in the Police Department unless all qualified Police employees have refused to accept the vacant position. Employees from other Departments may not displace Police Employees. F. Employees to be laid off shall be provided written notice at least seven (7) days in advance of the layoff. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice must be sent by certified mail to the last known address of the employee. G. Regular employees who are laid off shall be placed on a re- employment list for the last classification held. Names shall be placed on the list in inverse order of seniority (last released -first re- hired). Vacancies to be filled will be offered first to employees on the re- hire list. Other hiring departments will give priority consideration to those employees who appear on a re -hire list for the same or similar classification. If eligible employees are not selected for re -hire, the reason for non - selection must be approved by the Human Resources Director. 20 Employees re -hired by the Police Department must first meet all State and local requirements for the position. Such requirements include, but are not limited to: POST certification, background investigation, psychological evaluation, and medical clearance. Names of qualified individuals shall remain on the re -hire list for two (2) years. Individuals who refuse to accept a re -hire or who do not respond within seven (7) days to a written notice that has been sent to their last known address shall be removed from the re -hire list. It is the employee's responsibility to provide the Human Resources Department with a current mailing address. Once re- hired, the employee will be removed from all re -hire lists. ARTICLE XVIII INSURANCE SECTION 1. Health Insurance The City shall contract with PERS (Public Employees' Retirement System) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other health benefits program maintained by the City for eligible employees, eligible retirees, and their eligible surviving annuitants. A. The City shall contribute toward the payment of premiums under the PERS Health Benefits Plan to each eligible retiree annuitant of PERS, to the extent required by law, a contribution of $125.00 per month ($128 per month effective January 1, 2017). Effective January 1, 2016, this contribution is expected to be adjusted annually by the CalPERS Board of Administration to reflect any change in the medical care component of the Consumer Price Index. B. Flexible Benefits Plan The City shall administer a Section 125 Flexible Benefits Plan for active full -time eligible employees to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay. Until December 31, 2015, the City shall provide $1,405 per month toward the Flexible Benefits Plan. Effective January 1, 2016, this amount shall increase to $1,455 per month. Effective January 1, 2017 this amount shall increase to 1,505 per month. C. Any amounts in excess of the amounts designated in Section 1B necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee. D. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse's employer's plan) that is compliant with the Affordable Care Act (ACA), as determined by the Human Resources Director. Based upon determination that group medical insurance coverage is in full force and effect, eligible employees shall receive the monthly contribution as described in Section "B" above toward the Flexible Benefits Plan. In the event that the employee loses eligibility (with 21 documentation) then the employee may re- enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan. E. Retired employees, at their own expense, will be provided with the same opportunity to re- enroll into a City- sponsored vision and/or dental insurance program as they are provided under the PERS medical insurance program. The retirees are completely responsible for completing all the necessary paperwork, in person when possible, with the Human Resources Department. In addition, retirees who have been separated from the City for over five (5) years will not be eligible for this provision. F. The City may reopen negotiations at any time during the term of the MOU to address the impact of the ACA, provided that no changes may be made by the City unless they are either (1) mandated by the ACA or (2) mutually agreed upon by the parties. SECTION 2. The City shall continue to contribute toward medical insurance coverage for eligible dependents under the following conditions: A. In the event an employee covered under this unit is killed in the line of duty, the City shall provide up to five (5) years of medical insurance for the amount of the premium only up to the amount specified in Section 1 B of this Article, or the benefit specified in Labor Code Section 4856 "Spousal Death Benefits," whichever is greater. Premium amounts in excess of the City's contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for insurance coverage under another health plan, eligibility for coverage under this section shall cease. The Police Chief and the Human Resources Director shall determine whether the employee's death qualifies as "killed in the line of duty." B. In the event an employee covered under this unit dies for reasons other than the result of being killed in the line of duty, the City shall provide up to one (1) year of medical insurance for the amount of the premium only up to the amount specified in Section 1B of this Article. Premium amounts in excess of the City's contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for insurance coverage under another health plan, eligibility for coverage under this section shall cease. SECTION 3. Life Insurance. Effective January 1, 2011 the City shall contribute the full premium towards a $50,000 life insurance benefit. The City shall have the right to change life insurance carriers and administer the life insurance benefits provided herein. SECTION 4. Retiree Medical Trust. On July 1, 2000, the Association established and created the Premium Reimbursement Plan of the City of Orange Police Association Employee Benefit Trust." The plan was voted on and approved by a majority of the members of the Association. This Trust is governed by the Trust Agreement and Premium Reimbursement Plan documents. The purpose of the Trust Fund is to provide an entity to which contributions from participating employees can be paid and through which the elected or appointed Trustees can create and administer one or more employee welfare benefit plans for the participating employees on whose behalf the contributions have been paid and their beneficiaries. These benefits will be paid to the employees by the Trust as set forth in the Trust Agreement and Premium Reimbursement Plan. 22 Further, in accordance with Internal Revenue Code Section 501c and a majority vote of the Association membership, all employees shall contribute to the plan. As of the date of this Memorandum of Understanding, the City does not contribute any funds to the plan, but has agreed to withhold a pre -tax amount from each employee's paycheck, an amount which is set in accordance with the by -laws of the Benefit Trust. The City then pays these deductions to the Trust as soon as practical. This amount may change according to the rules and guidelines set forth in the Trust Agreement and Reimbursement Plan. The responsibility for the maintenance and investment of the Trust funds rests solely with the Trust's Board of Trustees and the Association. ARTICLE XIX RETIREMENT SECTION 1. Employees covered by this Agreement shall participate in the Public Employees' Retirement System (PERS). A. Safety PERS Formula The City shall grant the safety members of PERS effective May 20, 2001 the 3% at age 50 Retirement Formula as set forth in Section 21362.2 of the California Government Code. The City shall pay all employer costs toward the retirement program for safety members covered herein. B. Miscellaneous PERS Formula Effective June 29, 2003, the City shall provide the PERS 2.7% at age 55 Retirement Program for miscellaneous employees covered by this Resolution. The City shall pay all employer costs toward the retirement program for miscellaneous employees covered herein. C. PERS Second Tier Retirement Plans New members hired on or after January 1, 2013, shall receive the 2.0% at age 62 (miscellaneous) or 2.7% at age 57 (safety) Ca1PERS retirement formula and a final compensation based on the average of the 36 highest consecutive months pursuant to the Public Employee Pension Reform Act of 2013 PEPRA "). D. PERS Member Contribution Both safety and miscellaneous employees shall pay the employee retirement contribution rate through payroll deduction to the Public Employees' Retirement System. Employees covered under Sections IA and 1B of this Article shall contribute 9.0% and 8.0 %, respectively, of compensation earnable as their full PERS member contributions. Employees covered under Section IC of this Article shall contribute 50% of the normal cost of retirement, pursuant to the PEPRA. E. Employee -paid PERS member contributions for all employees covered by this MOU shall be made pursuant to Section 414(h)(2) of the Internal Revenue Code, to enable the employee's taxable income to be reduced by the amount of the employee -paid contribution. F. The employee will be provided with a biweekly payroll statement showing the amount of contribution as deferred. G. The City will provide the 1959 PERS Survivors Benefit at the Third Level Option. The City agrees to provide, at employee's cost, the 4 th level of PERS survivor benefit, pursuant 23 to California Government Code Section 21574. Unit members shall pay their $2.00 monthly contribution through payroll deduction. This benefit shall be contingent upon the election of other affected bargaining units to be subject to this provision. ARTICLE XX SAFETY AND HEALTH FITNESS SECTION 1. The City and the employees of the City agree to comply with all applicable federal and state laws which relate to health and safety. SECTION 2. Health Fitness Program In an effort to improve and maintain the physical and mental wellbeing of all sworn Police personnel, and to reduce the frequency and intensity of work related injuries and illness, Police Management and the City agree to the following: A. Smoking 1) As a condition of employment, effective September 1, 1984, new employees shall refrain from smoking on duty. As a condition of employment, effective March 6, 1994, all new employees shall refrain from using any tobacco products while on duty. 2) Existing employees will be encouraged but not required to become non - smokers. Employees will be provided with information, training, and /or other assistance as necessary to assist in such effort. B. Drug and Alcohol Program Police Management agrees to support the City -wide drug and alcohol program and will continue to enforce all City and inter - department policies regarding substance use. ARTICLE XXI TRAVEL EXPENSE ALLOWED SECTION 1. The City will provide reimbursement for employees who use a personal vehicle for City business, at the rate per mile provided under the current IRS guidelines. ARTICLE XXII EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY SECTION 1. Dues Deductions The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within ten (10) days following their deduction. 24 SECTION 2. Indemnification The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, moneys deducted from the employees pursuant to this Article. ARTICLE XXIII CITY RIGHTS SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: A. To manage the City generally and to determine the issue of policy. B. To determine the existence or non - existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. Methods of financing. F. Types of equipment or technology to be used. G. To determine and /or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non - disciplinary reasons. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions of procedures set forth in Departmental Disciplinary Procedure. 25 M. To determine job classifications and to reclassify employees and to determine the assignment of new classifications to the bargaining unit N. To hire, transfer, promote, and demote employees for non - disciplinary reasons in accordance with this Memorandum of Understanding. O. To determine policies, procedures, and standards for selection, training, and promotion of employees. P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and /or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. ARTICLE XXIV NO STRIKE PROHIBITED CONDUCT SECTION 1. The Association, its officers, agents, representatives, and/or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick -out, or any other unlawful job action by withholding or refusing to perform services. SECTION 2. Any employee who participates in any conduct prohibited in Section 1 above shall be subject to termination by the City in accordance with the procedures set forth in applicable State laws and Departmental Disciplinary Manual. SECTION 3. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section A, Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employer- Employee Relations Resolution in this Memorandum of Understanding, including but not limited to suspension of the Grievance Procedure and dues deduction. 26 ASSOCIATION RESPONSIBILITY SECTION 1. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they must immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work. SECTION 2. The City agrees to hold the Association harmless and indemnify the Association against any claims, causes of actions, or lawsuits arising out of damages related to prohibited conduct in Section 1 above, Prohibited Conduct, when the Association, in good faith, performs its responsibilities under Section 1 above, Association Responsibility. ARTICLE XXV GRIEVANCE PROCEDURE SECTION 1. Definition of Grievance A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Memorandum of Understanding, or of the Rules and Regulations governing personnel practices or working conditions of the City. No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Procedure. SECTION 2. Business Days Business days mean calendar days, exclusive of Saturdays, Sundays, and legal holidays recognized by the City. SECTION 3. Time Limit for Filing Written Formal Grievances The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute a waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Article shall automatically move the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent himself. Grievances shall be presented on City time. SECTION 4. Informal Process An employee must first attempt to resolve the grievance on an informal basis by discussion with his immediate supervisor without undue delay, or in no case, more than five (5) business days from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the Chief of Police. In order that this informal procedure may be responsive, all parties involved shall 27 expedite this process. The grievant is to state the remedy requested for the resolution of the grievance. When, within five (5) business days, a mutually acceptable solution has not been reached at the informal level, the employee shall submit the grievance in writing, on a Grievance form, to be mutually agreed to by the City and the Association, to the Chief of Police. At this point, the grievance hearing process becomes formal. Should the grievant fail to file a written grievance within ten (10) business days, as outlined under this Section (Section 4), the grievance shall be barred and waived. The written grievance shall include the remedy requested for resolution of the grievance. SECTION 5. Formal Process, Human Resources Director, Chief of Police If the grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Chief of Police. The Human Resources Director and the Chief of Police shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within ten (10) business days after receiving the grievance. SECTION 6. Formal Process, City Manager If the grievance is not resolved in Section 5 above, or if no answer has been received from the Human Resources Director and Chief of Police within ten (10) business days from the presentation of the written grievance to the Human Resources Director and the Chief of Police, the written grievance shall be presented to the City Manager, or his duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or his duly authorized representative, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE XXVI SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING SECTION 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memorandums of agreement, or memorandums of understanding, or contrary salary and or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with federal or state law. 28 ARTICLE XXVII WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT SECTION 1. During the term of this Memorandum of Understanding, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the Memorandum or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. ARTICLE XXVIII EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of the Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Memorandum of Understanding will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the Memorandum of Understanding during the course of the emergency. ARTICLE XXIX SEPARABILITY PROVISION Should any provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. ARTICLE XXX TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 1, 2015 and shall continue in full force and effect until June 30, 2017. WE ARTICLE XXXI RATIFICATION AND EXECUTION The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Orange and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until adopted by the City Council of the City of Orange. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this 9 day of November, 2016. CITY OF ORANGE CITY OF ORANGE POLICE MANAGEMENT ASSOCIATION Dated: l ti E. Smith, Mayor Attest: Mary . , City Clerk Approved as to form: B Laura J. Kalty Special Counsel for the City Dated: 1 b (' - 7 F By: 62 Eric Rosauer, Board Member By: Stephen Elfelt, B and Member By: Aaron Towner, Board Member 30 APPENDIX "A" CITY OF ORANGE POLICE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE JUNE 29, 2014 STEP B STEP C STEP D STEP E STEP F STEP G Salary STEP After 1 After 1 After 1 After 1 After 1 After 1 Classification Title Range A year year year year year year Forensic Services Supv 595 6934 7289 7659 8050 8461 8892 N/A Police Captain 703 11883 12491 13126 13796 14500 15239 N/A Police Lieutenant 663 9734 10232 10752 11301 11878 12483 13232 Police Records Manager 588 6696 7039 7396 7774 8171 8587 N/A Police Sergeant 621 7895 8298 8720 9165 9633 10124 10731 EFFECTIVE OCTOBER 18, 2015 2.0% Increase for Non -Sworn Classifications EFFECTIVE NOVEMBER 1, 2015 3.0% Increase for Sworn Classifications, STEP B STEP C STEP D STEP E STEP F STEP G Salary STEP After 1 After 1 After 1 After 1 After 1 After 1 Classification Title Range A year year year year year year Forensic Services Supv 599 7074 7436 7814 8213 8632 9072 N/A Police Captain 709 12244 12870 13524 14215 14940 15702 N/A Police Lieutenant 669 10030 10543 11078 11644 12239 12862 13634 Police Records Manager 592 6831 7181 7545 7931 8336 8760 N/A Police Sergeant 627 8134 8550 8985 9443 9926 10431 11057 31 EFFECTIVE JUNE 26, 2016 2.0% Increase for Non -Sworn Classifications EFFECTIVE AUGUST 7, 2016 3.0% Increase for Sworn Classifications STEP B STEP C STEP D STEP E STEP F STEP G Salary STEP After 1 After 1 After 1 After 1 After 1 After 1 Classification Title Range A year year year year year year Forensic Services Supv 603 7217 7586 7971 8378 8806 9254 N/A Police Captain 715 12616 13261 13935 14647 15394 16179 N/A Police Lieutenant 675 10335 10863 11415 11998 12610 13253 14048 Police Records Manager 596 6969 7325 7697 8091 8504 8937 N/A Police Sergeant 633 8381 8810 9258 9730 10227 10748 11393 32