RES-9386 MOU Police Management AssociationRESOLUTION NO. 9386
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
MARCH 1, 2001 THROUGH FEBRUARY
29, 2004, AND REPEALING RESOLUTION
NO. 8899 AND AMENDMENTS THERETO
FOR SAID EMPLOYEES.WHEREAS,
the City of Orange, hereinafter referred to as "City", and the Police Management
Association have met and conferred in accordance with requirernents of the Meyers-
Milias-Brown Act;
and WHEREAS, City and the Police Management Association have reached agreement
on wages, hours and other terms and conditions of employment effective March 1, 2001
through February 29, 2004, and repealed Resolution No. 8899 and amendments thereto for
said employees, as set forth in the Memorandum of Understanding;
and WHEREAS, on November 28, 2000, the City Council of the City of Orange
adopted Resolution No. 9357, 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 March 1, 2001 through February 29, 2004;
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 Police Management Association
is approved and incorporated by reference as Exhibit "A" as though fully set forth
herein.
ADOPTED this 13th day of March, 2001.
fthe City of Orange
ATTEST:
1.cathc
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 13th day of March, 2001 by
the following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
2
Exhibit "
A"MEMORANDUM
OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE
POLICE MANAGEMENT ASSOCIATION MARCH
1, 2001 THROUGH FEBRUARY 29, 2004
Article
NumbeJr
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE POLICE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Title of Article
Recognition
Non-
Discrimination Salaries (Basic Compensation Plan, Merit
Advancements,Promotional Salary
Advancement)Working Out of
Class Work
Week Overtime (Compensatory
Time)
Pyramiding Premium
Compensation Court
Time Special Assignments and Special Pay Practice (
Bilingual Bonus, Seniority Pay, Shift
Bonus)Career
Development
Reimbursement and
Educational
Page
Number
1
1
1
4
5
5
6
6
9
10
10
12
12
13
13
14
Program Uniform
Allowance
Holidays
Vacation Probationary
Period Other Leaves of Absence (Leave Without Pay,
Personal 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 20 XVIII
Insurance (Health Insurance, Flexible Benefits Plan, Life 22 Insurance,
Retiree Medical Trust).XIX
Retirement 24 XX
Safety and Health Fitness 25 XXI
Travel Expense Allowed 26 XXII
Employee Organizational Rights and Responsibility 26 XXIII
City Rights 26 XXIV
No Strike 28 XXV
Grievance Procedure 28 XXVI
Sole and Entire Memorandum of Understanding 30 XXVII
Waiver of Bargaining During the Term of this Agreement 30 XXVIII
Emergency Waiver Provision 30 XXIX
Separability Provision 31 XXX
Term of Memorandum of Understanding 31 XXXI
Ratification and Execution 31 Exhibit "
II" Monthly Salary Ranges 32 iii
Article I
RECOGNITION
SECTION :~ 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 "B."
SECTION :~ The City shall recognize the Association as the majority representative of all
employees Jin 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 ,~
hanged.
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 :Z. The City and the Association agree that they
shall not discriminate against any employee because of race, color, sex, age, national
origin, political, religious opinions or affiliations, sexual orientation, or physical or mental disability.
The City and the Association 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.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 Orange Police Management
Association who are now employed or will in the future be employed in any of
the designated classifications of employment listed in this
SECTION 2. Base salaries effective the payroll periods June 18, 2000 (from prior
Memorandum of Understanding), July 1,2001, June 30,2002, and June 29, 2003 for employees
covered by this agreement are listed in Exhibit "B.n
The salary and wage schedules attached hereto shall constitute the basic compensation plan
consisting of six (6) steps or rates of pay in each range.
The respective ranges shall be identified by number and the steps by the letters "A" to "F"
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. A new employee of the City of Orange shall be paid the
rate shown iin the Step "A" in the range allocated to the class of employment for which he has
been hired, except that on the request of the department head under whom the employee will
serve, and with the authorization of the Personnel Director, such employee may be placed in Step
B", "C", "D", "E", or "F" 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 (30) 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 r~:-entering the service of the City of Orange 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 '~ompensation 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 Personnel Director completed performance
evaluation recommending the granting or denial of the merit increase and
supporting such recommendation with specific reasons therefore. Disapproval by the
Personnel 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 Personnel 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 Personnel 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 Personnel Director may, on the basis of the Police
Chiefs recommendation, approve and effect such an advancement.C.
LE:NGTH 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 Personnel 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.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
the rate equal to or higher than Step "A", he may be placed in the step in that appropriate salary rangt:
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.3
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 shaH be 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
Personnel 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 nFn 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 jfthe reassignment is to a lower compensation range, the "Fn 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 shaH be placed on the next highest step.
The f:mployee shall retain credit for length of service previously acquired in such step
toward advancement to the next higher step.
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 "An 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 Personnel Director prior to the
assignment.
Article V
WORKWEEK
The regular work week for all employees covered by this Agreement shall be forty (40) hours per
week consisting offour (4) ten (10) hour work days.
Article VI
OVERTIME (COMPENSATORY TIME)
SECTION 1. All employees except "safety" sworn officers, covered by this agreement shall be
entitled to compensatory time for all hours worked in excess of forty (40) hours within the
employee's work week. Compensatory time shall be accumulated at the rate of one (I) hour of
compensatory time for each one (I) hour of overtime worked. Only time actually worked shall
count in the computation of overtime, except the time off due to excused absence for holidays,
accumulated compensatory time off, vacation, and sick leave shall be counted toward the
computation of overtime. Compensatory time shall be accumulated to the nearest one-half (1/
2)hour increment. Where an employee works less than one-half (1/2) hour per day of
overtime, the employee shall not receive compensatory time, and such time shall not count
toward the computation of overtime. In order to be entitled to compensatory time, such
compensatory time must be authorized in advance by the Chief of Police or his authorized
agent. Accumulated compensatory time not taken in the calendar year in which it was earned may be carried
over to the next year up to a maximum of eighty (80) hours. Any accumulated
compensatory time carried over to a succeeding calendar year must be used or converted to pay during
the calendar year or it shall be
considered forfeited.SECTION 2. PAYMENT OF COMPENSATORY TIME. All earned,
accumulated overtime for employees described herein, except overtime for training hours, shall be converted
into cash at the option of the employee. Payment shall be made at the pay period following the
exercise of the option. Training hours which are performed on overtime (compensatory time)
shall entitle the employee to time off. The employee shall not be paid for such compensatory
time for training hours. Travel time to and from activities and locations designated under
this Article does not qualify
for overtime.SECTION 3. PAYMENT UPON TERMINATION. Employees shall be entitled
to receive payment for all accumulated compensatory time upon
their termination.SECTION 4.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
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 5. 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 (3) hours. Compensation shall be at the premium rate of time and one-half (
1-1/2). Entitl,ement to can 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 desigrlated 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
ofthe ernployee.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, to all classifications of Police personnel covered
herein,when duly authorized in advance by the Police Chief or his
designee.SECTION :Z. 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 thirty (30) 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, except overtime earned and accumulated
for training.Overtime earned and accumulated, except as provided above, shall be compensated
only by equivalent !lime off. Prior to such usage of the equivalent time off, an employee
shall receive authorization and approval by the Police Chief or his designee. In no event shall an
employee be paid in cash
for training.Payment shall be made at the pay period following the exercise of the option. All
premium and straight ACI;umulated Tirne Off (ATO) may be accumulated up to a maximum of
eighty (80)hours. Additional training hours, which may not be converted to cash payment,
may be accumulated up to a maximum of eighty (
80) hours.SECTION 5. Employees shall be entitled to receive payment for all accumulated time
off or paid overtime upon
their termination.
SECTION 6.A. Accurnulated compensatory time off shall be taken off 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 ofthe Police
Department.SECTION 7. 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 8. No Premium Compensation payor premium compensatory time offwith pay
shall be allowed an employee for attendance as a trainee at any seminar, conference,
convention,educational class or such similar
event.
SECTION 9. All duly authorized overtime compensation for attendance as a trainee at any
seminar, conference, convention, education class or such similar event shall be accumulated at
the rate of one (1) hour of compensatory time for each one (I) hour of training overtime worked.
Such overtime, except overtime for training hours, may be converted into cash at the employee's
option. Training hours which are performed on overtime shall entitle the employee to time off.
The employee shall not be paid for such compensatory time for training hours performed on
overtime.
If an employee attends one of the above listed events as a trainee within four (4) hours
before or after a regularly scheduled work shift, and such attendance, combined with the regular
hours actually worked, causes the employee to train and actually work more than ten (10) hours,
those combined hours in excess often (10) shall be accumulated at the rate of one and one-
half 1-1/2) hours of compensatory time for each hour of training overtime worked.
This provision for premium overtime compensation shall not apply if the employee chooses a
training session that qualifies for premium rate when other training sessions
are available.For off-duty, in-house training only, premium compensation will be
provided on an hour for hour basis, rounded to the nearest hour (i.e., no compensation for less
than 30 minutes; one hour compensation for 31 minutes to 1 hour
at time and one-half).Notwithstanding the above, if an employee requests to
attend training during his regular working hours, provided that a training slot is available during
that time period, and management denies the request resulting in the employee attending
training during "off-duty" hours, the employee shall be eligible for the premium rate
of accumulation
for such training time.SECTION ]lO.A. Notwithstanding Sections 4, 8 and 9 above,
effective October I, 1986, Police Sergeants and Police Lieutenants covered by this Agreement
shall be entitled to receive premium compensation for attendance at duly authorized
department and/or division staff meetings for aU required hours of attendance at such meetings. Payment
of said overtime is to be mad(: in cash, and shall not
be accumulated as compensatory time off.SECTION 11. 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, ther,e shall be no pyramiding or adding together of
such premium or overtime rates, and only
the higher applicable rate shall apply.SECTION 12. If 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 hemunder shall be entitled to only a straight time
rate
for overtime worked under such circumstances.SECTION 13 ADMINISTRATIVE LEAVE. Notwithstanding
Articles VI, VII, and the above sections in Article VIII, employees classified as Police
Captains shall be provided no overtime compensation except as follows: 1) regular
full-time employees classified as Police Captains shall accrue four (4) hours of administrative leavc
for
administrati ve 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 ernployee's administrative leave account shall be one-half hour, while
additional actual absence of over one-half hour shall be charged to the nearest full 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;
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 Special Order No. 61 and No.
88,and 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
ofthe court appearance.Article X SPECIAL
ASSIGNMENTS AND SPECIAL PAY PRACTICE SECTION 1. Police Sergeants assigned, from time to time, by
the Chief of Police as Supervisors of the Detective Division, Administration
Division, Traffic Bureau, Legal and Internal Affairs Unit, or Gang Unit shall receive an
additional six percent (6%) compensation above the employee's regular compensation during the
period of such special assignment.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 $140.00 per month to each employee designated to perform
bilingual assignments. The employee must pass an armual proficiency test in order to receive and continue
to receive the bilingual bonus.SECTION 3. SENIORITY PAY. "Sworn safety" personnel covered
herein not assigned to a special assignment as defined in Section 1 above shall receive
five
compensation above the employee's regular base salary after completion of five (5) years of
service with the Orange Police Department within their appointed classification.
SECTION 4. 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.
SECTION 5. SPECIAL ASSIGNMENT GUIDELINES. Police Sergeants assigned to
positions specified in Section 1 of Article X above shall move on a step-to-step
basis without changing
anniversary date.SECTION 6. All special assignments to positions set forth in Section 1 above shall be
made or revoked at tile discretion ofthe Chief
of Police.SECTION 7. There is no period of probation required in a special assignment
and no permanency or seniority may be obtained in a special assignment. An employee
who has attained penmanency in a classification retains that status during
specialassignments.SECTION.!!.. There shall be a base salary differential of at least 15% between
Police Officer and Sergeant, Sergeant and Lieutenant, and Lieutenant
and Captain.
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
EFFECTIVE EFFECTIVE
12/21/1997 07/01/2001
A.
POST Intermediate Certificate and 30-
59 semester units 137.73 100.00
B. POST Intermediate Certificate and
60-89 semester units275.45 250.
00 C. POST Advanced Certificate and
90 semester units or more 413.18 360.
00 D. POST Advanced Certificate and
a Bachelor's degree 550.90 500.
00 E. POST Advanced Certificate
and Mastl~r's degree in area related
to Law Enforcement or Public
Management from an accredited university
as approved by the City Manager.688.63 600.
00 SECTION :!. EDUCATIONAL REIMBURSEMENT. The City will reimburse
employees for the cost of tuition, textbooks, registration, health fees, and parking fees required for
approved community <;ollege 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 Personnel Director prior to registration. Reimbursement will be based upon the final
grade received. Final grade of "e" 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.SECTION 3. Educational reimbursement payments to an employee shall
not exceed one thousand two hundred dollars $1,200 in anyone fiscal year and the employee
must still be employed by the City when the
course
is
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 armually and for
civilian personnel shall be $238.
00 armually.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
of1the
City.
ArticleXm HOLIDAYS
SECTION 1.A. Employees covered by this Agreement shall receive each March lone hundred
ten (110)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 March 1 and
February 28 shall automatically be paid in the first pay period of the
following month.B. Employees assigned to classifications covered by this Agreement after March
1 shall receiive prorated holiday accruals, one-twelfth (1/12) of their holiday
accrual for each month remaining in the twelve (12) month period between March 1
and February 28.SECTION 1. Employees required to work on the below listed holidays (#
1-9) shall receive double payor the equivalent time off for hours worked on the holiday in excess
of the ten (10)hour shift. Employees shall receive no other compensation lor
working on a holiday.1) January 1 (
New Year's Day)2) The third Monday in
February (President's Day)3) Last Monday
in May (Memorial Day)4)
July 4 (Independence Day)5) First Monday
in September (Labor Day)6) November
11 (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
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 Y ear( s)
of Service
1
2
3
4
5
Vacation Hours
Per Year
92.00
102.00
112.00
122.00
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 31" year of service, employees shall
receive two hundred and fifty two (252) hours of
vacation armually.SECTION :!. 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 armually. Vacation hours in excess of hours earned in the immediately
preceding twenty-four 24) month period may be accumulated with the permission of the Police Chief
and the Personnel 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. An employee may convert up to fifty (50%) percent of
his current armual vacation accrual into pay in lieu of time off with pay. An employee requesting
such a conversion must meet the eligibility requirements as set forth in Section 1 above, and may so
convert once
in
a calendar year.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 be on the b~csis of one-twelfth (1/12) of the employee's armual vacation
pay for
each
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 Personnel 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 acwrdance 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 undl:r suspension may make application
for leave without pay.B. If the Police Chief and Personnel 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 Personnel 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 Personnel 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 noti';e 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
basis for 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 leav<:,
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 <:
mployee, 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 weeks or more each year, he shall be entitled to military leave of absence under the provisions
of State law, found in applicable sections of the Military and Veterans' Code.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 accme for
each month of continuous service.B. Sick
leave will be charged at the rate of ten (10) hours for each day an employee is absent.C.
Any
employee eligible for sick leave with pay may use such leave for the following reasons:15
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.
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,child, brother or sister
ofthe employee, regardless ofresidence.D. 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.E. 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-half Yz) hour, while additional actual absence of over one (I) hour
shall be chargedto the nearest one-half (Y:z) 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.F. Sick Leave Payout Program. Sick Leave shall be paid at the
current rate of pay less the 7% pay increase described in Article XIX, Section 1. C.
or the 9% pay increase described in Article XIX, Section I.D. and be paid
off according to the following programs:I )All sick leave accrued prior to January I, 1992
shall
fall under the following payout program: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
b) Subject to the provisions of Section 7(E), upon retiring from City service
and entering the Public Employees' Retirement System, an employee
shall receive no pay for the first two hundred twenty-eight (228) hours
of accrued sick leave, but shall receive ten percent (10%) pay for the
next two hundred fifty-two (252) hours of accrued leave after the
first two hundred twenty-eight (228) hours of accrued sick
leave, and thirty-five percent (35%) of all accrued sick leave
thereafter. 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 less the 7% pay increase described in Article XIX, Section I.
C. or the 9%pay increase described in Article XIX, Section I.
D.; 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 (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 December I" 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.
Any sick leave converted to vacation shall be subject to the
provisions described under Article XIV,Vacation. 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 provlSlons: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.
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 payor accumulated vacation. The employee must file
a sick leave payout designation form by December 1" 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. Any sick leave converted to vacation shall be subject
to the provisions described under Article XIV, Vacation. If
no designation form is filed, the hours will automatically remain in the employee'
s new sick leave
accumulation account.c) Upon separation of employment from the City for any reason,
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).d) 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 illm:ss 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) working days per incident. Bereavement
leave shall not be deducted from the emploYf:e's accumulated sick leave. An employee
on bereavement leave shall inform his immediate supervisor of the fact and the reasons therefor as
soon as possible. Failure to inform 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. INDUSTRIAL LEAVE A regular
employee who is temporarily or permanently incapacitated as a result of injury or illness determined to
be compensable under the Worker's Compensation Act shall be granted industrial leave
on the following terms and conditions:A. A sworn employee granted industrial leave shall
continue to be compensated at his regullar rate in lieu of temporary
disability payments. Any temporary disability payments made to the employee by the State Compensation Insurance
Fund shall
be
B. A civilian employee granted industrial leave shall continue to be compensated at his
regular rate of pay during the first thirty (30) calendar days of his injury. Following this
period, the employee still on approved industrial leave shall be compensated at eighty
perccmt (80%) of his regular rate of pay up to a maximum of 335 calendar days in lieu of
temporary disability payments.
C.
Should it be determined that an employee's illness or injury did not arise in the course of the
e:mployee's employment with the City or that the employee is not temporarily or pemlanently
incapacitated as a result of the injury or illness, then the employee's sick leave:
shall be charged to reimburse the City for any payments made to the employee pursuant
to (A) above.D.
A regular employee who is temporarily or permanently incapacitated as a result of injury or
ilIlness determined to be compensable under the Workers' Compensation Act shall be granted
industrial leave in accordance with Labor Code Section 4850.E.
In aecordance with Section 5(C)(3) above, an employee granted an industrial disability retirement
shall not be entitled to any compensation for accumulated sick leave hours.F.
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.G.
Employees who have not previously submitted notification of Election of Personal Physician
are required to use only physicians and medical facilities approved by the City during
the first thirty (30) days after an occupational injury or illness is reported. After the
first thirty (30) day period, an employee may change to a physician specified by him provided
that the physician has the expertise to treat the inj ury or illness and agrees to provide
timely reports to the City. However, if an employee has notified the City in writing,
prior to the date of injury that he has a personal physician, the employee shall have
the right to be treated by such physician from the date of injury providing that:1)
The physician has previously directed the medical treatment of the employee.2)
The physician retains the medical records and history of the employee.An
employee may request one (1) change of physician during the first thirty (30) days after the
injury or illness is reported.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.19
SECTION 2. POLICY. The City retains the right to abolish any position, reduce the work
force and layoff 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 cliteria 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
thec:lassification, then Department seniority, as calculated by the Personnel
Director.C. 'Nhenever 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 qualification of the new
position.D. 'Nhenever 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: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 Personnel
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 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
tmless 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 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 Personnel Director.Employees re-hired by the Police
Departnlent 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 years.Individuals who refuse to accept a re-
hire or who do not respond within seven 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 Personnel 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
A. Except as provided in Section 1 B Flexible Benefits Plan, the City shall contribute toward
the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible
activle employee, and to the extent required by law, each eligible retiree armuitant of
PERS, an equal contribution of $16.00 per month.
B. Flexible Benefits Plan. Effective March 1, 2001 for active full time eligible employees,
the City shall contribute $624.00 per month to provide funds for optional dental plans,
vision plans, health plans, or miscellaneous pay established in the Section 125 Flexible
Benefits Plan.
This City's payment toward the Flexible Benefit Plan is exclusive of the $16.00 payment
in Section I A.
C. Any amounts in excess of the amounts designated in Section 1 A and B necessary to
maintain benefits under any benefits plans selected by the employee shall be borne by the
employee.
D. An employee carmot 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 emolled in a health plan the employee must provide proof, as
determined by the Personnel Director, that comparable medical insurance is in full force
and effect. Based upon determination that insurance 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
documentation) then the employee may re-enrollin 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 Personnel Services Department. In addition, retirees who have been
separated from the City for over five (5) years will not be eligible
for this provision.SECTION 2. The City shall continue to contribute toward medical
insurance coverage for eligible dep(:ndents 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 specifiedin 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 of shall be borne by
the eligible dependent.Onc(: a dependent becomes eligible for insurance coverage under
another health plan,eligibility for coverage under this section shall cease. The Police
Chief
Personnel 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 I (B)
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 August I, 1996, the City shall contribute the full
premium towards a $23,000 life insurance benefit. The City shall have the right to change life
insurance carriers and administer the life insurance benefits provided herein.
SECTION 4. RETIRED MEDICAL TRUST. On July 1,2000, COPA 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 COP A. 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 andl 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.
Further, in accordance with Internal Revenue Code Section 50lc and a majority vote of the
COPA 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 ofthe Trust funds rests solely with the Trust's Board of Trustees
and COPA.
Article
XIX RETIREMENT SECTION 1. Employees covered by this Agreement shall participate in the
Public Employees'Retirement System (PERS). The City shall pay all required employer contributions for (
I) the 2% at age 50 retirement formula, as set forth in Section 21252.01 of the
California Government Code, for aU safety members of PERS (i.e., sworn employees covered by this
Agreement); and 2) the 2% at age 55 formula for all civilian employees covered by
this Resolution.A. The City shall amend its contract with PERS to grant the safety members
of PERS effective May 20, 2001 the 3% at age 50 Retirement Formula as set forth
in
21362.2 of the California Government Code. For the term of this Agreement, the City
shall bear all costs associated with this amendment up to seven percent (7%) of
bargaining unit cost. In the event that the contract amendment exceeds 7% of bargaining
unit cost, the amount in excess of 7% shall be shared equally between the City and the
bargaining unit members.
B. Emplloyees shall pay the employee retirement contribution rate through payroll deduction
to the Public Employees' Retirement System. In addition, effective December 7, 1997,
non-sworn employees covered by this Resolution were required to pay 4% of their
salary,pre-taxes, to fund the enhanced PERS 2% at age 55
retirement formula.C. Effective July 2,2000, civilian employees will no longer be required to pay 4% of their
salary, pre-taxes, to fund the enhanced PERS 2% @ 55 retirement formula However, if at any time
in the futun:, the City's "employer contribution" rate for miscellaneous employees increases
above zero percent (0%), the City will conduct an actuarial evaluation to detennine what portion
of that employer contribution rate is due to the cost of the 2% @ 55 benefit. If any portion of
the future employer contribution rate for miscellaneous employees is based on the cost of the 2%
@ 55 benefit as compared to the 2% @ 60 benefit, all covered civilian employees agree to
pay that portion of the employer rate, through pre-tax payroll deductions, attributable to the cost
of the 2%@ 55 benefit, with aminimum of 0.5% to a maximum of 4.
0010 of salary.D. The City shall implement the provisions of Section 414(h)(2) of
the Internal Revenue Code, which allow that the employee contribution to the
Public Employees' Retirement Syst<:m will be treated as employer contributions for federal and state
tax purposes. The pickup shall be in accordance with the provisions of Section 20022 (a)(
6) of the
California Government Code.E. The base salary of civilian employees covered by this agreement described
in Exhibit "B"shall be increased by 7%. This salary is "compensation earnable" as
defined in Sections 20022 (a)(6) and 20023 of the California Government Code. It shall be
reported as such to the Public Employees' Retirement System. For the purposes
of determining payoffs such as sick leave, or vacation accruals, this 7% increase shall not
be considered, and those: calculations shall be based upon the employee's base salary
reduced by 7%.Overtime and compensatory time accruals shall be paid based on salary
including the 7%increase. For purposes of determining the amount of assigrunent payor
bonuses, such as education incentive pay described in Article XI and any special pay
described in Article X, excluding Section 2 Bilingual Bonus, the 7% increase
shall be included.F. The base salary of sworn employees covered by this agreement described
in Exhibit "B"shall be increased by 9%. This salary is "compensation earnable" as
defined in Sections 20022 (a)(6) and 20023 of the California Government Code. It shall be
reported as such to the Public Employees' Retirement System. For the purposes
of determining payoffs such as sick leave, or vacation accruals, this 9% increase shall not
be considered, and those calculations shall be based upon the employee's base salary
reduced by 9%.Overtime and compensatory time accruals shall be paid based on salary
including the 9%incre:ase. For purposes of determining the amount of assignment payor
bonuses,
education incentive pay described in Article XI and any special pay described in Article
X, excluding Section 2 Bilingual Bonus, the 9% increase shall be included.
G. The employee will be provided with a biweekly payroll statement showing the amount of
contribution as deferred.
H. The City will provide the 1959 PERS Survivors Benefit at the Third Level Option.
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 well being 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
I) 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 inter-department
policies regarding subst;
illce 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 DEDUCTION 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 deductilon, 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 foUowing their deduction.
SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and
indenmifY 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 .~ 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, shaU 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. Type:s 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 ofthe 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 assigrunents.J.
To relieve employees from duties for lack of work or similar non-disciplinary reasons.
K. To e:stablish 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.
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
III 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 quarltity standards; and to require compliance
therewith.Q. To maintain order and efficiency in its facilities and
operations.R. To e:stablish 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 t.ake 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.
27
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 I 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, Associallion 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.
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 I 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 I above, Prohibited Conduct, and return
to work.SECTION 2. The City agrees to hold the Association harmless and indenmifY
the Association against any claims, causes of actions, or lawsuits arising out of damages related
to prohibited conduct in Section I 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 arld Regulations governing personnel practices or working conditions
ofthe City.No employee shall suffer any reprisal because of filing or processing of a
grievance or participating in the
Grievance
SECTION 2. BUSINESS DAYS. Business days mean calendar days, exclusive of Saturdays,
Sundays, arld 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 grievan,;e, 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 expedite this process. The grievant is to state the remedy requested 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, PERSONNEL 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 Personnel Director
and the Chief of Police. The Personnel 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 Personnel Director and Chief of Police
within ten (10) business days from the presentation of the written grievance to the Personnel
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 29
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
memorandwns 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.
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 agre1lment, 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
innnediately. 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.30
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 March I, 200 I and shall continue
in full force and effect until February 29, 2004.Article
XXXI RATIFICATION
AND EXECUTION The
City and the Association have reached an understanding as to certain recornmendations 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 Me:rnorandumof 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 UnderstandJing
is hereby executed by the authorized representatives of the City and the Association
and entered into this13uday of March _,2001.CITY
OF
ORANGE POLICE MANAGEMENT ASSOCIATION:
31
EXHIBIT "B"
CITY OF ORANGE
POLICE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES EFFECTIVE
JUNE 18, 2000 STEP
STEP STEP STEP STEP Salary
STEP B C D E F Classification
Title Range A After 1 After 1 After 1 After 1 After 1 year
year year year year Crisis
Intervention Counselor 529 4990 5244 5512 5793 6088 6399 Police
Captain 593 6866 7217 7583 7970 8377 8804 Police
Lieutenant 562 5882 6182 6498 6829 7177 7543 Police
Records Manager 490 4108 4317 4537 4769 5012 5267 Police
Serg,eant 520 4771 5014 5270 5538 5821 6118 EFFECTIVE
JULY 1, 200 I (4.5% Salary Increase)STEP
STEP STEP STEP STEP Salary
STEP B C D E F Classification
Title Range A After 1 After 1 After 1 After 1 After 1 year
year year year year Crisis
Intervention Counselor 538 5219 5485 5765 6059 6368 6692 Police
Captain 602 7181 7548 7931 8336 8762 9208 Police
Lieutenant 571 6152 6466 6796 7142 7507 7890 Police
Records Manager 499 4296 4515 4746 4988 5242 5509 Police
Serg'~ant 529 4990 5244 5512 5793 6088 6399 EFFECTIVE
JUNE 30, 2002 (3.5% Salary Increase)STEP
STEP STEP STEP STEP Salary
STEP B C D E F Classification
Title Range A After 1 After 1 After 1 After 1 After 1 year
year
year year year Crisis Intervention
Counselor 545 5404 5680 5969 6274 6594 6930 Police Captain
609 7436 78]6 8213 8633 9073 9535 Police LieUllenant
578 6371 6696 7037 7396 7773 8170 Police Records
Manager 506 4449 4676 4914 5165 5428 5705 Police Sergeant
536 5167 5430 5707 5998 6304 6626 32
CITY OF ORANGE
POLICE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES (Continued)
COPA :\1anagement and the City will conduct a salary survey by or before July 30, 2002 of the
eleven (11) pre-selected cities to determine the maximum (top step) salary for each
classification covered by this MOU. The contractual July 2002 salary data from the survey agencies as well as
the City of Orange will be utilized for any necessary adjustments. In the event that any classification
is below the median of the eleven (II) surveyed cities, the City shall increase the entire salary range
of that classification to a maximum of 2.0%. The effective date for any applicable salary increases
will be June 30, 2002. The eleven (11) pre-selected cities are Anaheim, Brea, Costa
Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Newport Beach, Santa
Ana, and Westminster. The City will not increase the salary for any classification if said classification
is less than 0.75%
behind median.EFFECTIVE JUNE 29, 2003 (3.5%
Salary Increase)STEP STEP STEP
STEP STEP Salary STEP B C D
E F Classification Title Range A After 1 After 1 After 1 After 1
After 1 year year year
year year Crisis Intervention 552 5596 5882 6181 6497
6828
7176 Counselor Police Captain 616 7700 8094 8505 8939
9396 9874 Police Lieutenant 585 6597 6934 7287 7659
8050 8460 Police Records Manager 513 4607 4842 5089 5348
5621 5908 Police Serg<eant 543 5350 5623 5910 6212
6528 6861 COPA Management and the City will again conduct a salary survey by or before July 30,
2003 of the eleven (11) pre-selected cities to determine the maximum (top step) salary
for each classification covered by this MOU. The contractual July 2003 salary data from the survey agencies,
as well as the City of Orange, will be utilized for any necessary adjustments. In the event
any classification is below the median of the eleven (II) surveyed cities, the City shall increase the entire
salary range of that classification to a level at the survey median. The effective date for
any applicable salary increase:s will be June 29, 2003. The City will not increase the salary for any
classification if said classific:ation is less than 0.
75%