RES-8033 Amending Police Management Resolution No. 7498RESOLUTION NO. 8033
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE POLICE
MANAGEMENT RESOLUTION NO. 7498 TO
REFLECT CHANGES IN RETIREMENT
CALCULATIONS AND INCORPORATE SICK LEAVE
PLAN REVISIONS.
WHEREAS, the City of Orange, hereinafter referred to as
City", and the Police Management Association have met and
conferred on the retirement calculation and reporting
procedures established in Article XIX, Retirement, Section 1
and 2. of the Memorandum of Understanding (MOU) between the
City of Orange (CITY) and the Police Management Association
COPA) covering the period between December 31, 1989 through
September, 19, 1993, as set forth in Resolution No. 7498;
and
WHEREAS, the CITY and the Police Management Association
desire to comply with the State of California Public
Employees' Retirement Law; and
WHEREAS, the CITY and the Police Management Association
further desire to implement the revised sick leave program
in accordance with the recommendation of the 1990 Ernst-
Young Study; and
WHEREAS, the CITY and the Police Management Association
have reached an agreement to amend the MOU regarding those
subjects.
NOW, THEREFORE, BE IT RESOLVED by the city Council of
the city of Orange that the attached amendment to the MOU is
approved and incorporated by reference as Exhibit "A" as
though fully set forth herein.
ADOPTED this 16th day of June 1992.
ATTEST:
Ci~t~~ge
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 16th day
of June , 19~ by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL
COUNCIL
COUNCIL
MEMBERS:
MEMBERS:
MEMBERS:
STEINER,
NONE
NONE
SPURGEON
BARRERA, MAYOR BEYER, COONTZ
0t./k/~ Q ~f"(l'C./City Cler of ~e y of Orange
2-Reso. 8033
Exhibit "A"
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE POLICE MANAGEMENT ASSOCIATION
Article XIX RETIREMENT section 1 and Section 2 shall be
amended as follows:
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 (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 (i.e., sworn
employees covered by the Agreement); and (2) the 2% at age
60 formula for all non-sworn employees covered by
this
Agreement.A. Effective June 28, 1992 employees shall pay
the required employee retirement contribution rate
through payroll deduction to the Public Employees'
Retirement
System.B. Effective June 28, 1992 the city shall
implement the provisions of section 414(h) (2) of the Internal
Revenue Code, which allows that the employee contribution to
the Public Employees Retirement System will be treated
as employer contributions and deferred income 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. Effective June 28, 1992 the non-
sworn employees covered by this agreement described in Exhibit "
A" of Resolution 7498 shall be increased by 7%. This
salary is compensation earnable" as defined in sections 20022(
a) (6)and 20023 of California Government Code. It
shall be reported as such to the Public Employees'
Retirement System.For purposes of determining payoffs such as
sick leave,floating holiday 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 Bilinqual Bonus, the 7% increase shall
Exhibit "A"
Page 2
D. Effective June 28, 1992 the sworn employees covered
by this agreement described in Exhibit "A" of Resolution
7498 shall be increased by 9%. This salary is "compensation
earnable" as defined in sections 20022(a) (6) and 20023 of
California Government Code. It shall be reported as such to
the PUblic Employees' Retirement System. For purposes of
determining payoffs such as sick leave, floating holiday 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 Bilinoual Bonus, the 9%
increase shall be included.
E. The employee will be provided with a biweekly
payroll statement showing the amount of contribution as
deferred.
Article XVI OTHER LEAVES OF ABSENCE section 5. sick Leave
shall be amended to read as follows:
ARTICLE XVI
OTHER LEAVES OF ABSENCE
section 5. sick Leave.
allowed, credited, and
following:
sick leave with pay shall be
accumulated in accordance with the
A. For employees working a regular forty (40) hour
week or nine/nine work period, eight (8) hours of sick leave
will accrue for each month of continuous service.
B. sick leave will be charged at the rate of one (1)
hour for each hour 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 department head
or his authorized agent; and/or
Exhibit "A"
Page 3
2) Personal Illness or physical incapacity
resulting from causes beyond the employee's
control including pregnancy disability period when
directed by an authorized medical physician, and
other medically related condition; and/or
3) Bereavement Leave. 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, spouse, child, brother or sister of
the employee, regardless of residence. Days
of absence due to bereavement leave shall not
exceed five (5) working days and shall 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
sick leave with pay for the period of
absence.4) 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.D. 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.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 any employees sick leave account shall
be one-half (1/2) hour, while additional actual absence
of over one-half (1/2) shall be charged to the
nearest full hour.The Police Chief shall be responsible
for control of employee abuse of the sick leave
privilege. Employees may,upon prior written notice, be required
to furnish a certificate issued by a licensed physician or
nurse or other satisfactory written evidence of
Exhibit "A"
Page 4
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 off
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), 3), and (4).
b) SUbject to the provisions of section 6(0),
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 (10%) percent 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 (35%) percent of all
accrued
sick leave thereafter.Payment will be based upon the
employee's current pay salary rate at the
time of retirement.c) Upon the death of an
employee while employed by the City, one hundred (100%)
percent 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
Exhibit "A"
Page 5
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
provisions:Employees who use less than three (3)
days 24 hours) of sick leave during the
current calendar year period shall be eligible
to cash out, or credit to their
accumulated vacation, two (2) days (16 hours) of
their accumulated sick leave. Two days (16
hours)will be deducted from their new
accumulated sick leave bank. The employee must file
a sick leave payout designation form
by September 30th of each calendar year in
order to receive the two days (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 50%) percent of their
current payrate. 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 September
30th 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
Exhibit "A"
Page 6
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 (25) percent pay for up
to the next one-hundred (100) hours, (100 to
200 hours)of accrued sick leave, and fifty (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 (100%) percent 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.This amendment to
the Memorandum of Understanding is hereby executed by the
authorized representatives of the City and the Association and
entered into
this
16th
day
ofJune , 1992.by:
by:
by:
SOCIATION
CITY