RES-8899 MOU Police Management Association effective 3_01_97 to 2_28_01RESOLUTION NO. 8899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE
POLICE MANAGEMENT ASSOCIATION CONCERNING WAGES,
HOURS AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT EFFECTIVE MARCH 1, 1998 THROUGH
FEBRUARY 28, 2001 AND REPEALING RESOLUTION NO. 8638
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 requirements 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,
1998 through February 28, 2001, and repealed Resolution No. 8638 and amendments thereto
for said employees, as set forth in the 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 and furthermore that staff is authorized to adjust the Fiscal Year 1997/98,1998/99,
1999/2000,and 2000/2001 budgets to reflect the changes approved in
this resolution.ADOPTED this --1M.h day of
Aoril
1998.AYE8T:
4tJ~~~U~.City Cllsrk of th ity
of Orange 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 14th
day of April , 19~ by the
following vote:AYES: COUNCIL
MEMBERS: MURPHY,NOES: COUNCIL
MEMBERS: NONE ABSENT: COUNCIL
MEMBERS: NONE SLATER, COONTZ,
SPURGEON, ALVAREZ City erk of the City
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE POLICE MANAGEMENT ASSOCIATION
MARCH 1, 1998 - FEBRUARY 28, 2001
Article No. Article Title Page No.
Recognition 1
II Non-Discrimination
1 III Salaries
2 IV Working out of Class
5 V WorkWeek
5 VI Overtime (Compensatory Time)
6 VII Pyramiding
7 VIII Premium Compensation
7 IX Court Time
10 X Special Assignments
and Special Pay Practice
11 XI Career Development Program
and Educational Reimbursement
12 XII Uniform Allowance
13 XIII Holidays
14 XIV Vacation
15 XV Probationary Period
16 XVI Other Leaves of Absence
16 XVII Layoff Procedures
22 XVIII Insurance
25 XIX Retirement
26 XX Safety and Health Fitness
28 XXI Travel Expense Allowed
XXII Employee Organizational Rights
and Responsibility 29
XXIII City Rights 29
XXIV No Strike 31
XXV Grievance Procedure 32
XXVI Sole and Entire Memorandum
of Understanding 33
XXVII Waiver of Bargaining During
the Term of this Agreement 34
XXVIII Emergency Waiver Provision 34
XXIX Separability Provision 34
XXX Term of Memorandum of
Understanding 34
XXXI Ratification and Execution 35
Exhibit "B" Salary Ranges 36
Article I
RECOGNITION
SECTliQN.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 "
8".SECTliQti2. The City shall recognize the Association as the
majority represlmtative of all employees in these classifications for the purpose
of meeting its obligations under this Agreement, the Meyers-
Milias-8rown 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 SECTIIQN.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.SECTliQ.N2. The City and the Association
agree that they shall not discriminate againslt 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.SECTIi~ Whenever the masculine
gender is used in this Memorandum of Understanding, it shall
Article III
SALARIES
SECTION 1. BASIC COMPENSATION PLAN. There is hereby established a
basic compensation plan for all members of the Orange Police Management
Associ;~tion 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.
SECTI~:2N...2. Base salaries effective the payroll periods December 21, 1997,
June 21, 1998, June 20, 1999, and June 18, 2000 for employees covered by this
agreement are listed in Exhibit "B".
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 in 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", "0", "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 allocatlad 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 eliminclte the accumulated length of service time of such employee
for
purpose of this Resolution. Such an employee re-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 compensation range as he was at the time of termination
of
employment.SECTION 6. ADVANCEMENT WITHIN SCHEDULE. The following
regulations shall govem 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. A 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. In such cases as may
occur wherein an employee shall demonstrate 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. 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 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 clppropriate 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 range as will grant him an
increase of at least one (1), 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
Ito 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 pmviously assigned shall 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;
provide~d, 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 "F"
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.
4
C. That if the reassignment is to a lower compensation range, the "F" 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.
Article IV
WORKING OUT OF CLASS
SECTKlli....1. The City may work employees out of classification for up to four (4)
consec:utive working days without additional compensation. On the fifth (5th)
consec:utive working day the employee works out of classification and for each
additional consecutive working day the employee works out of classification, he
shall bl3 paid additional compensation at Step "A" of the class to which he is
assignl3d. 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.
SECTJlQ1i2. 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.
SECTJI~. 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 re!~ular 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.
5
Article VI
OVERTIME (COMPENSATORY TIME)
SECTliQNi. 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 acclJmulated at the rate of one (1) hour of compensatory time for each one
1) 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 bl3 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 trainin~1 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 taken. Compensatory time
off upon direction of the Chief of Police shall be not less than ten (
10)
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 bl3 at the premium rate oftime and one-half (1-1/2). 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 design.
ated 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 plremium or overtime ratesand only the hil;,lher
applicable rate
shall apply.
Article VIII PREMIUM COMPENSATION SECTION 1. Premium Compensation - Sworn and
Related Personnel. Premium Compeinsation shall apply, to all classifications of
Police personnel covered herein, when duly authorized in advance by the Police Chief
or
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 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 c()unt 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 andfrom ac::tivities designated under this Article does not qualify
for overtime.SECTI'QJi.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 time 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 Accumulated Time 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.SECTII~. Employees shall be entitled to receive payment for
all accumulated time off or paid overtime upon
their
termination.SECTIi~.A. Accumulated 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 Gompensatory time off is to be taken. Compensatory time
off upon direction of the Chief of Police shall be not less than ten (
10)
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.
SECnQN.1. Premium Compensation work shall not apply to the eaming 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.
SECnQ.t::i..8. No Premium Compensation payor premium compensatory time off
with palY shall be allowed an employee for attendance as a trainee at any
seminar, conference, convention, educational class or such similar event.
SECnQN..,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 (1) 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 of ten (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 trainin~1 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 (
Le., 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
SECTION 10.
A. Notwithstanding Sections 4, 8 and 9 above, effective October 1, 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 all required hours
of attendance at such meetings. Payment of said overtime is to be made
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, there shall be no pyramiding or adding
togethE~r of such premium or overtime rates, and only the higher applicable rate
shallal~.
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 hereunder shall be entitled to only a straight
time rate for overtime worked under such circumstances.
SECTION 13. 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 leave for
each month of continuous service; 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-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 SECTIi~. 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
SECTIQM2... 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
activitiE~s arising out of the course and scope of employment, the employee shall
receivEl 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 testifyin an offic:ial proceeding with regard to a matter arising out of the
course and
scope of employment.SECnQN..,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
ANDSPECIAL PAY PRACTICE SECTliQJi.1. Police Sergeants assigned, from time to time,
by the Chief of Police as Supervisors of Technical Affairs
Bureau, Community Affairs Bureau,Traffic Bureau, Investigative Services Division,
or Administration (Chiefs Office)shall reiceive 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
annual 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 percent (5%) per month compensation above the employee'
s regular base salary after completion of five (5) years of service with
the Orange Police Department
within
SECTION 4. SHIFT BONUS. Effective March 1,1998, all employees who are
assign43d 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. Effective March 1,
1998, 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.
SECTIi~. All special assignments to positions set forth in Section 1 above
shall b43 made or revoked at the discretion of the Chief of Police.
SECTK2N..I. 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 permanency in a classification retains that status
during special assignments.
SECTliQN.,a. 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
SECTIIQt:L1. 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 pay. Said pay differential and
educational requirements, therefore, are as follows:
12
REiQUIREMENTS
ADDITIONAL
COMPENSATION
Effective 12/21/97
A. POST Intermediate Certificate and
30-59 semester units $137.
73 B. POST Intermediate Certificate
and 69-89 semesterunits $
275.45 C. POST Advanced Certificate
and 90 semester units or more $
413.18 D. POST Advanced Certificate
and a Bachelor's degree $
550.90 E. POST Advanced
Certificate and Master's degree in area
related to Law Enforcement or
Public Management from an accredited
university as approved by the City Manager. $
688.63 SECTION 2. Educational Reimbursement. The City will
reimburse employees for the cost of tuition, text books, 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 Personnel 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 ofthis Article.Where a course is taken as "crediUno 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.SECTIi~. Educational reimbursement payments to an
employee shall not exceed one thousand dollars ($1,000) in anyone fiscal year
and the employee must sl!i11 be employed by the City when the course is
completed. Effective June 21, 199'8, this amount shall increase to one thousand two hundred
dollars ($1,
200).Article
XIIUNIFORMALLOWANCE SECTI1:Lti.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 non-sworn personnel
shall
SECTIQJ:i2. Safety equipment as designated by the Chief of Police and/or
required by law will be provided by the City.
SECTI~. All uniforms and/or safety equipment purchased by the City shall
remain the property of the City.
Article XIII
HOLIDAYS
SECTlQN.1,.
A. Employees covered by this Agreement shall receive each March 1 one-
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. For
the first year ofthis contract, ten (10) hours will be provided to each
employee's holiday bank retroactive to March 1, 1998, in addition to the
100 hours already provided. One hundred and ten (110) hours of holiday
accrual will be provided March 1, 1999, and each March first thereafter.
B. Employees assigned to classifications covered by this Agreement after
March 1 shall receive 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.SECTliQ.N2. 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 for working on
a holiday.1)
January 1 2) The third Monday
in February 3) Last Monday
in May 4)
July 4 5) First Monday
in September 16)
November 11 7)
Thanksgiving Day 8) Day
after Thanksgiving 9)
Christmas Day 10) Two floating holidays (as provided in Section 1
A
Article XIV
VACATION
SECTIQN.,L 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
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 31st year of service, employees shall receive two hundred and fifty two (
252) hours
of vacation annually.SECTliQN2. 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 (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.SECTII~. An employee may convert up to fifty (50%)
percent of his current annual 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 Sections 1 above, and may so convert once
in a calendar year.SECTII~. 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 basis of
one-twelfth (1/12) of the employee's annual vacation pay
for
Article XV
PROBATIONARY PERIOD
SECTliQJi1. 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 bl~ 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.SECTliQtL2. The employee shall attain permanent status in the
class upon successful completion of the
probationary period.SECTliQ1i..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 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
lof 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
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 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 feelS 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 shaH 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 Cif absence under the provisions of State law, found in applicable sections
of the Military and Veterans' Code.
17
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. 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:
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) Thirty (30) 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 of the employee,
regardless of residence.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 (Y>) hour,while additional actual absence of over one (1) hour
shall be charged to the nearest one-half (Y>) 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
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 1.0. and be paid oft
according to the following programs:
1) All sick leave accrued prior to January 1, 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 C 1), 2), and 3).
b) Subject to the provisions of Section 7(E), upon retiring from City
service and entering the Public Employee's 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 1.C or the 9% pay increase
described in Article XIX, Section 1.0.; 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
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 1s' 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
provisions: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 payor accumulated vacation.The employee must file a sick leave
payout designation form by December 1s' 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 (
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 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) 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 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 regular rate in lieu of temporary
disability payments.Any temporary disability payments made to the employee by
the State Compensation Insurance Fund shall be remitted to the
City Treasurer.B. A non-sworn 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 iindustrialleave shall be compensated at eighty percent (
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 lin the course of the employee's employment with the City
or that the employee is not temporarily or permanently 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
D. A regular employee who is temporarily or permanently incapacitated as a
result of injury or illness determined to be compensable under the
Workers' Compensation Act shall be granted industrial leave in
accordance with Labor Code Section 4850.
E. In accordance 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 injury 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 ofthe City Manager.
22
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 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
Personnel
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 qualification of the new
position.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 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 3
A.
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
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 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 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.
Article XVIII
INSURANCE
SECTION 1. HEALTH INSURANCE 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 thE~ir eligible surviving annuitants.
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 active employee, and to the extent
required by law, each eligible retiree annuitant of PERS, an equal
contribution of $16.00 per month.
B. Flexible Benefits Plan Effective March 1, 1998 for active full time eligible
employees, the City shall contribute $519.50 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 provision shall
increase to $544.50 per month effective March 1, 1999; and again to
569.50 per month effective March 1,2000.
This City's payment toward the Flexible Benefit Plan is exclusive of the
16.00 payment in Section 1 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 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, as determined by the Personnel Director, that comparable medical
iinsurance is in full force and effect. Based upon determination that
iinsurance is in full force and effect, eligible employees shall receive
469.50 per month toward the Flexible Benefits Plan. In the event that
Ithe employee loses eligibility (with 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/
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.
SECnQN2. 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
aml)unt 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 of shall be bome 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
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
othl~r than the result of being killed in the line of duty the City shall provide up
to Cine (1) year of medical insurance for the amount of the premium only up to
the amount specified in Section 1 (B) of this Article. Premium amounts in
excess of the city's contribution shall be borne by the eligible dependent.
Onee a dependent becomes eligible for insurance coverage under another
health plan, eligibility for coverage under this section shall cease.
SECTIIQN..,3. Effective August 1, 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.
Article XIX
RETIREMENT
SECTII~ Employees covered by this Agreement shall participate in the
Public Employees' Retirement System (PERS). The City shall pay all required
employer contributions for (1) the 2% at age 50 retirement formula, as set forth in
Section 21252.01 of the California Government Code, for all safety members of
PERS (Le., sworn employees covered by this Agreement); and (2) the 2% at age
55 formula for all non-sworn employees covered by this
Resolution.
A. Employees 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 are required to pay 4% of their salary, pre-taxes,
to fund the enhanced PERS 2% at age 55 retirement formula. If the
City does pick up any or all of this 4% employee contribution during the term
of this contract for any other bargaining group, the City agrees to pick
up the same amount for the non-sworn employees covered
by this agreement.B. 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 System 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.C. The base salary of non-sworn 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 assignment 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.D. 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% increase.For purposes of determining the amount
of assignment 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 9%
iincrease shall be included.E. The employee will be provided with a
biweekly payroll statement showing the amount
of
F. The City will provide the 1959 PERS Survivors Benefit at the Third Level
Option.
Article XX
SAFETY AND HEALTH FITNESS
SECTIIQN..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
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
inter-dl9partment policies regarding substance
use.Article
XXI TRAVEL EXPENSE
ALLOWED SECTII~ 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.
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
SECTliQ.ti.1. The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged by
specifiG 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.
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
PROHlIBITED CONDUCT
SECHQN.i. 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.SECTI'QN2... 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.SECTliQ.N...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 sUlspend 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.
ASSOCIATIONRESPONSIBILITY SECTII;Lti1. In the event that the Association, its
officers, agents,representatives, or members engage in any of the conduct prohibited
in Section 1 abov,e, 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
SECTII:2N..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 A
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 inteirpretation or application of specific provisions of this Memorandum of
Understanding, or of the Rules and Regulations governing personnel practices or
workin!l 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 ofthe 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 o,r should have reasonably become aware of the facts giving rise to the
grievance.
Every l~ffort 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.
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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 retum them to the grievant within ten
10) bUlsiness 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
represlmtative, for determination. Failure of the grievant to take this action will
constitute a waiver and bar to the grievance, and the grievance will be
considl~red settled on the basis of the last Management grievance response.
The Cilly 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 hl3ve all rights and remedies to pursue said grievance under the law.
Article XXVI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
SECTIi:1ti.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
intendeid to conflict with federal or state law.
33
Article XXVII
W[\,IVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
SECTI(lli...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
whethe,r 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 mSltter during the term of this Memorandum.
Article XXVIII
EMERGENCY WAIVER PROVISION
In the Elvent 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 ~Dr 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 1,
1998 and shall continue in full force and effect until February 28, 2001.
34
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 _ day of
1998.
CITY OF ORANGE
1-
35
EXHIBIT"B"
EFFECTIVE December 21,1997
AFTER AFTER AFTER AFTER AFTER
1 YEAR 1 YEAR 1 YEAR 1 YEAR 1 YEAR
CLASS10ILE RANGE STEP A STEP B STEPC STEP D STEP E STEP F
Crisis Intervention Cslr 499 4295 4515 4746 4988 5242 5509
Police Captain 568 6061 6370 6695 7036 7395 7772
Police Ueutenant 538 5219 5485 5765 6059 6368 6692
Police R,ecords Mgr 459 3519 3699 3887 4086 4294 4513
Effectivll March 1, 1998)
Police S'lrgeant 499 4296 4515 4746 4988 5242 5509
EFFECTIVE June 21,1998
AFTER AFTER AFTER AFTER AFTER
1 YEAR 1 YEAR 1 YEAR 1 YEAR 1 YEAR
CLASSTIILE RANGE STEP A STEP B STEPC STEP D STEP E STEP F
Crisis Intervention Cslr 507 4471 4699 4939 5191 5455 5734
Police Captain 578 6371 6696 7037 7396 7773 8170
Police Lieutenant 547 5458 5737 6029 6337 6660 7000
Police Records Mgr 471 3736 3927 4127 4338 4559 4791
Police S'ergeant 507 4471 4699 4939 5191 5455 5734
EFFECTIVE June 20,1999"
AFTER AFTER AFTER AFTER AFTER
1 YEAR 1 YEAR 1 YEAR 1 YEAR 1 YEAR
CLASS"DILE RANGE STEP A STEP B STEP C STEP D STEP E STEP F
Crisis Intervention Cslr 513 4607 4842 5089 5348 5621 5908
Police Captain 585 6597 6934 7287 7659 8050 8460
Police Lieutenant 553 5624 5911 6212 6529 6862 7212
Police Records Mgr 480 3908 4107 4317 4537 4768 5011
Police S'ergeant 513 4607 4842 5089 5348 5621 5908
The Ci~(, along with COPA Management. will conduct a salary survey between January and June
1999 with 10 pre-selected Orange Coun~ cities approved by the Ci~ Council to determine
the median of the maximum salary for the 3 sworn classifications covered in this resolution (
Crisis Intervention Counselor is tied to Police Sergeant). The contractual July 1999 salary data from
the survey agencies will be utilized for any necessary adjustments. The Ci~ agrees to provide
any necessary salary increases to ensure all positions are paid at least at the median level of
the maximum
salary.
36
EFFECTIVE June 18, 2000.
AFTER AFTER AFTER AFTER AFTER
1 YEAR 1 YEAR 1 YEAR 1 YEAR 1 YEAR
CLASS llILE RANGE STEP A STEP B STEPC STEP D STEP E STEP F
Crisis Intervention Cslr 519 4747 4989 5243 5511 5792 6087
Police Captain 591 6797 7145 7508 7891 8294 8717
Police Liieutenant 559 5795 6090 6401 6728 7071 7431
Police Records Mgr 489 4087 4296 4515 4745 4987 5241
Police Sergeant 519 4747 4989 5243 5511 5792 6087
The City, along with COPA Management, will conduct a salary survey between January and June
2000 with 10 pre-selected Orange Coun~ cities approved by the Ci~ Council to determine
the median of the maximum salary for the 3 sworn classifications covered in this resolution (
Crisis Intervention Counselor is tied to Police Sergeant; Police Records Manager is tied to 15%
below Sergeant). The contractual July 1999 salary data from the survey agencies will be utilized for
any necessary adjustments. The Ci~ agrees to provide any necessary salary increases to ensure
all positions are paid at least at the median level of the maximum
salary.